Former Philips Factory Balmoral Drive / Rufford Road Southport PDF 180 KB

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

Subject: DC/2017/01325 Former Philips Factory Balmoral Drive / Rufford Road Southport

Proposal: Outline planning application for demolition of existing buildings and construction of approximately 147 new dwellings, roads and open space

Applicant: Catalyst Capital LLP Agent: Mr Trevor Adey Savills

Ward: Meols Ward

Summary

This application, as amended, seeks outline approval for the erection of approximately147 dwellings following the demolition of existing buildings. Only the principle of the development and access to the site are to be considered at this stage.

As this is an allocated housing site within the Local Plan and the indicative layout demonstrates that approximately 147 units can be accommodated and provides sufficient amenity and housing mix, the principle of development can be supported. The provisions of ‘Vacant Building Credit’ means that no housing which meets affordable housing needs can be provided as part of the scheme. However, a contribution is being made towards the provision of education facilities. Heritage and ecology matters have been addressed satisfactorily. It has been demonstrated that the proposal can be accessed safely and will have less impact upon highway capacity than the existing lawful use of the site.

It is recommended that the development be approved subject to a section 106 legal agreement and to conditions.

Recommendation: Approval subject to S 106 Agreement and Conditions

Case Officer Steve Matthews

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=OTCF66NWIJF00 Site Location Plan The Site

The site subject to this application was designated as a primarily industrial area in the now replaced Unitary Development Plan and has historically provided accommodation and areas for business and general industry, including occupiers such as Philips. This has led to the site being known locally by this name. This site has been allocated for housing development within the adopted Local Plan with an indicative capacity of 158 dwellings as set out in policy MN2.

The site extends to 5.7ha/14 acres and has areas of active use within single-storey and two-storey buildings fronting Balmoral Drive, North Road and Rufford Road along with areas of clearance down to slab level. Along with a significant number of vacancies to existing buildings there are some active businesses still occupying parts of the site. The site is bordered by residential properties to all sides on Balmoral Drive, North Road, Slackeys Lane, Rufford Road, The Mallards (opposite the Bankfield Road element) and Merlewood Avenue. The residential properties to these roads vary in scale and appearance from the more recent developments at The Mallards (approved in 2001) and Slackey's Lane (approved in 1998) to longstanding two-storey semi- detached hipped roof dwellings to North Road, Balmoral Drive and Merlewood Avenue and detached bungalows to Rufford Road and part of Balmoral Drive.

In addition to the above, there is a pair of semi-detached dwellings, Numbers 250 and 252 Balmoral Drive, positioned to the east side of Balmoral Drive, adjacent to occupied and vacant commercial buildings within the application site. These are the only residential properties to this side of Balmoral Drive until 140d Balmoral Drive, which abuts the southwest end of the application site.

History

Extensive history to this site relating to the existing and former employment uses to this land as well as the installation of telecommunications equipment.

In respect of the redevelopment of this site the following applications are relevant:

S/2012/0993 - Prior Notification Procedure for the demolition of office block and factory units. Approved 20th September 2012.

DC/2014/01138 - Prior Notification Procedure for the demolition of the existing factory and offices. Prior Approval Required and Approved 18th July 2014.

DC/2015/01611 - Town and Country Planning (Environmental Impact Assessment) Regulations 2011: Regulation 5 Request for a Screening Opinion. Determined that this was not development requiring an Environmental Statement on 30th September 2015.

Consultations

Merseyside Environmental Advisory Service

Bats As the proposals involve the destruction of at least two bat roosts the applicant will require a Natural England European Protected Species licence prior to any works commencing on site. This should be the subject of a condition.

Habitats Regulations Assessment I have reviewed the proposal submitted by the applicant and considered the possibility of likely significant effects under the Habitats Regulations using the source-pathway- receptor model. I advise there is no pathway that could give rise to likely significant effects on the European sites and it does not warrant a detailed Habitats Regulations Assessment report for the following reasons: • The proposals include a large area of public open space (approximately 1.75ha or 30% of the site); • Accessibility to the SAC, SPA, and/or Ramsar will not be increased as a result of the proposals; • The proposals do not provide additional parking provision for visitors; • The proposals provide links to existing public footpaths within the local area, and away from the European Sites; • The residents will have a number of options for recreational activities, such as dog walking that are not reliant on the SAC, SPA and/or Ramsar including on- site provision; • The public open space will be carefully designed and managed for the benefit of biodiversity and for use by the residents to encourage its use,? rather than choosing to visit the designated sites; • The public open space will be well maintained;? • The design and specification of the landscape strategy, including the public open space and the long-term management plan can be subject to planning condition and detailed reserved matters approvals; and • The distribution of an advisory leaflet in the sale pack of the properties could also be offered. This could include guidance on the following: • Promotion of the public open space on site, including the rationale behind its design and specification; • Identify other areas for recreation, away from the European Sites; • The value, importance and sensitivity of the European Sites, including the potentially damaging activities and outline a code of conduct; and • Inform the residents of the presence of the Sefton Coast Landscape Partnership.

These proposals are acceptable and can be secured through a suitably worded planning condition.

Heritage assessment

The former Vulcan Works, or at least the early 20th-century components, is considered to be a ‘non-designated heritage asset’.

The Heritage Statement, undertaken by Salford Archaeology (Heritage Statement, Former Vulcan Works, Balmoral Drive, Crossens, Merseyside, April 2018) has concluded that the site is one of potential regional significance only, and that the adverse impact of the proposed development on both the standing buildings and possible below-ground archaeological deposits can therefore be adequately mitigated through a programme of archaeological building recording accompanied by a targeted archaeological watching brief.

I am in agreement with the conclusions reached in the Heritage Statement regarding the significance of the site, and the nature and extent of the archaeological mitigation proposed.

On the basis of the conclusions of the Heritage Statement I advise that the applicant be required to undertake a programme of archaeological work, comprising archaeological building recording of structures 01-08 and an archaeological watching brief on the site of the former electricity-generating plant, and that such works be secured by means of conditions.

A permanent reminder of the former use of the site has also been suggested in the Heritage Statement to take the form of information boards. This should form part of the wider dissemination of the reports created.

I also advise that consideration should be given to the inclusion of the names Vulcan & Hampson in the proposed street names for the site so that they might also serve as a permanent reminder of the site’s former industrial use.

Natural England No objection.

Highways Manager No objections subject to a suite of conditions being attached to any approval.

Environmental Health Manager No objection to the proposal.

Contaminated Land Team No objection subject to conditions being attached in respect of any approval.

Flooding and Drainage Manager No objection subject to conditions.

United Utilities - External Planning Liaison No objection subject to condition in respect of drainage.

Building Control No objections.

Local Plan Team A number of comments relating to the following:  Need for clarification on number of dwellings being proposed – the application form says 176 whereas the indicative layout shows 147  Concern that planning statement states that 20% of the market homes will not be able to be designed to meet Policy HC2 (part 2) – ‘accessible and adaptable dwellings’ – this is not subject to viability

Neighbour Representations

Notification Undertaken

Letters were sent to 430 letters neighbouring properties inviting comments to be made by the 23rd August.

Five site notices were placed to the boundary of the site on 15th August, to lampposts at the junction of Merlewood Avenue/Bankfield Lane, Rufford Road, North Road and Balmoral Drive (x2), inviting comments to be made by 5th September.

A press notice was placed in the Southport Champion on 16th August inviting comments to be made by 6th September.

Responses Received

12 representations were received regarding this proposal from properties on Balmoral Drive, North Road, The Mallards, Three Pools, Merlewood Avenue and Roselea Drive, comprising four objections, five neutral comments and three supporting comments.

The points of objection relate to concerns as to the impact of traffic from the development on Balmoral Drive, the reliance upon data from 2015 within the submitted Transport Assessment (TA) not taking into account of traffic calming measures in the area (the TA was updated to reflect this comment), the impact on the junction with Preston New Road, vehicles parking to Balmoral Drive. Objectors raise concerns over the impact on existing services and infrastructure citing the pressure on schools, medical facilities, drainage and sewers. Objectors also refer to the management and maintenance of the open space shown on the indicative layout with concerns that the provision of this space may give rise to anti-social behaviour problems.

The neutral comments didn't oppose the development in principle and supported the development of this site rather than neighbouring allocated sites formerly in the Green Belt but raised concerns as to the impact on highways through increased traffic, the absence of any vehicular access onto Rufford Road (to alleviate pressures on Balmoral Drive), the potential impacts on existing drainage capacity and the increase in demand on services. There was also the request that the impacts of this proposal be assessed alongside those at the Bankfield Lane allocation site.

Those supporting the proposal did so often in preference to neighbouring allocated sites formerly in the Green Belt that the existing site is an eyesore (also mentioned by those objecting and neutral to the proposal) and the development would be beneficial in this regard but they also expressed concern as to the impact of the development on traffic/highways and on existing services and infrastructure.

Policy Context

The application site is surrounded by an area designated as primarily residential and is an allocated housing site in the Sefton Local Plan which was adopted by the Council in April 2017.

Assessment of the Proposal

This application seeks outline approval for the provision of approximately 147 dwellings to an allocated housing site within the adopted Local Plan. Layout, Scale, Appearance and Landscaping are “reserved matters” – this means they are to be considered at a later date. The key elements to be considered are the principle of the proposal and vehicle/pedestrian access.

The principle of development includes the heritage aspects of the buildings. The relevance of ‘vacant building credit’ will be assessed and its implications for the providing affordable housing as part of the development. The requirement for ‘commuted sums’ towards education provision will also be considered as part of the viability of this brownfield industrial site.

Principle of Development

This site is a housing allocation within the adopted Local Plan so the principle of residential development is accepted. Local Plan policy MN2 'Housing, Employment and Mixed Use Allocations' states that this site has an indicative capacity of 158 residential units, which is 11 more than this application proposes.

Although some comments from the local community support this site in preference to other nearby sites which are identified for residential development in the Local Plan, all sites identified through the Local Plan are required to meet Sefton’s housing needs over the Plan period. It is therefore not a choice between this site and other sites. It is acknowledged that this site is very close to the large residential proposal at Bankfield Lane and the cumulative impact of both sites has been assessed.

While the layout of development is indicative and to be determined at a later date, the submitted layout demonstrates that 147 properties of appropriate size with sufficient garden sizes, outlook and amenity can be accommodated. When any subsequent application is made for “reserved matters”, garden size, distances between properties and general living conditions will be re-assessed.

Local Plan policy HC2 ‘Housing Type, Mix and Choice’ requires an appropriate mix of properties, in relation to the numbers of bedrooms. This has also been demonstrated in this application but will also need to be reassessed as and when reserved matters are applied for. A condition can be applied to ensure this will be provided.

At present, the Council cannot demonstrate a five year supply of housing land (4.5 years as at 31st March 2017). This development, if brought forward, will help support the Council’s housing land supply.

The application is for approximately147 dwellings. The applicant has asked for some flexibility in the numbers which could be considered at reserved matters stage. It is considered that 157 dwellings is a reasonable upper limit, beyond which some of the assessments underpinning the proposal would need to be reviewed. This can be covered by condition.

For the reasons above it is therefore considered that the principle of residential development is supported, subject to a maximum of 157 dwellings.

Built heritage

An assessment has been carried out of the significance of the current buildings as incorporating an early example of a purpose-built car factory, and their setting, to identify the heritage impact of the current proposals. The potential impact of development on any buried archaeological remains within the site has been considered.

The resulting Heritage Statement concludes that the former Vulcan Works represents a rare surviving example of an early purpose-built motor vehicle manufacturing works. However, large elements of the works were demolished in recent years by Philips UK Ltd, reducing the integrity of the historic works and its overall significance as a heritage asset. The site also contains later buildings that are of no historic interest, and may be considered to make a negative contribution to any historic character.

Altogether the early 20th-century components are considered to be a ‘non-designated heritage asset’.

The assessment has also concluded that the former works currently makes a minor contribution to the setting of the wider historic built environment, which is dominated entirely by late 20th-century housing. Whilst it is clear in the form of the buildings that the site was an engineering works, there is very little visible indication that it is an early example of a motor car works. The loss of these early 20th-century buildings will impart some harm to the historic character of the area, not least by removing physical evidence for an important part of Crossens’ industrial heritage. However, this needs to be balanced against the public benefits of providing housing in an accessible location.

Should the Local Authority be minded to approve the clearance of the existing buildings, it would be entirely appropriate to implement a scheme of archaeological works as a strategy to offset the harm to heritage assets. Any such strategy should be formulated in consultation with the Merseyside Environmental Advisory Service, although it may be anticipated that a detailed archaeological record of those structures that cumulatively formed the Vulcan Works will be required in advance of any demolition.

An archaeological watching brief during ground-breaking works in the southern part of the site may be merited to record any surviving foundations of the electric-generating plant for the original works, with the principal aim of elucidating whether this was originally steam powered. It would also be beneficial to commemorate the site’s industrial heritage via an appropriate level of dissemination, such as the installation of permanent information boards, which would be intended to explain and celebrate Vulcan motor vehicles and Crossen’s role in the early British car industry. In addition, consideration could be afforded to enhancing the setting of the Rufford road bridge so that the line of the former railway can be appreciated more easily.

The recommendations of the heritage report can be covered by two conditions. An informative is also suggested, recommending that the proposed street names include Vulcan & Hampson so that they might serve as a permanent reminder of the site’s former industrial use.

This approach is consistent with Policy NH15 ‘Non-Designated Heritage Assets’ which aims to conserve or enhance the aspects of Sefton’s non-designated, locally important, heritage assets, as noted below: ‘Such assets which are likely to be affected by development proposals should be identified early in the design process, so that the development proposals avoid harm and maximise the heritage benefits’. Similarly, ‘development affecting a locally listed asset or its setting, or a non-designated heritage asset or its setting, will be permitted where the aspects of the asset which contribute to its significance are conserved or enhanced’.

In the light of the above the principle of the development, including heritage aspects, is considered to be acceptable.

Highway Safety and Amenity

Representations received from neighbours raise concern as to the potential harm arising from this proposal over the existing declining use. In order to gauge the impacts of this proposal the applicant submitted a Transport Assessment (TA) that has been reviewed by the Highways Manager.

The submitted TA has provided a comparison in vehicle trips from the existing use of the site and the proposed use of the site (on the basis of 176 units, the number originally sought within this proposal). This demonstrates that the proposed use will generate 228 fewer two-way vehicle trips in the AM peak and 191 fewer two-way vehicle trips in the PM peak hour than the lawful use of the site, which indicates that there will be a positive impact on the surrounding network.

The Highways Manager confirms that notwithstanding the TA stating that the development will result in less traffic on the network, model assessments have been carried out by the applicant on key junctions to assess the impact the development will have on the highway network. The models in the TA have been reviewed and it is considered that they adequately represent the traffic flows from the proposed development so that there would be minimal impact on key junctions from this development.

The Highways Manager confirms that this site is reasonably accessible with existing barriers to pedestrian movement, which will be addressed through a condition seeking off-site highway works.

Subject to conditions the Highways Manager considers that the proposal will not reduce highway safety.

In the absence of any other competing information or evidence it is considered that this proposal will not give rise to harm to highway safety or amenity. The proposed vehicle accesses on to Balmoral Drive and North Road are acceptable and there is sufficient capacity within key junctions to support the trips generated from the residential redevelopment of this site.

The TA’s for both this site and the site at Bankfield Lane site (elsewhere on this agenda) were considered at the same time and cross-referenced/examined. Considering the cumulative effect of both developments on the network was a significant aspect of the review. Section 5.5 - 5.8 of the TA for this site deals with this and demonstrates that the applicant has taken account of the traffic from both sites.

Affordable Housing, Vacant Building Credit and Education Contributions

(i) Affordable housing

The Sefton Local Plan Policy HC1’Affordable and Special Needs Housing’ applies to this site. Under normal circumstances the site would be required to deliver 30% affordable housing (measured by bedspaces), split by 80% social rented/affordable rented and 20% intermediate housing, subject to economic viability.

The applicants’ agents have submitted an economic viability assessment to indicate that due to significant abnormal development costs associated with poor ground conditions, contamination, site clearance etc, the viability of the site is such that no affordable housing can be delivered. Keppie Massie, the Council’s retained viability consultants at the time the application was submitted, were instructed to appraise the submitted viability assessment and have concluded that the site could deliver 6.19 % affordable housing (a position not accepted by the applicants’ agents), recognising the significant abnormal costs affecting the site. Importantly, the viability assessment also allows for the provision of a commuted sum payment of £303,574.11 towards local primary education provision, based on an amount of £2,065.13 per dwelling (2017/18 prices). See also (iii) below.

(ii) Vacant Building Credit

Notwithstanding the above, the application site is eligible for Vacant Building Credit (VBC) whereby national planning policy guidance (PPG) offers an incentive for brownfield development on sites containing vacant buildings. Essentially it states: “Where a vacant building is brought back into any lawful use, or is demolished to be replaced by a new building, the developer should be offered a financial credit equivalent to the existing gross floorspace of relevant vacant buildings when the local planning authority calculates any affordable housing contribution which will be sought.”

The calculation is made in the following manner:

“The existing floorspace of a vacant building should be credited against the floorspace of the new development. For example, where a building with a gross floorspace of 8,000 sq m. building is demolished as part of a proposed development with a gross floorspace of 10,000 sq m., any affordable housing contribution should be a fifth of what would normally be sought.”

VBC assessment process

This is the first planning application subject to VBC that the Council has received to date and, accordingly, it has followed the best practice guidance approach in appraising such schemes. This requires a four stage approach:  Stage 1 - set out the affordable housing policy requirement;  Stage 2 - apply any necessary viability test to derive the appropriate affordable housing percentage to be provided on site;  Stage 3 - apply the eligible VBC; and  Stage 4 - derive the net affordable housing position after the application of eligible VBC.

Stage 1 and Stage 2

As noted above, Stage 1 sets a 30% affordable housing policy requirement, whilst Stage 2 reduces this to a 6.19% affordable housing policy obligation based on Keppie Massie’s appraisal of economic viability.

Stage 3

Stage 3 requires the application of eligible vacant building credit (VBC). The applicants’ agents have advised the Council that the approximate 147 residential units proposed on site will deliver a total residential development floorspace of 12,400 sq. m. (this is at an average floorspace of 84.3 sq. m. per unit). This seems to reasonably closely reflect the dwelling mix they are proposing as set out in the submitted Planning Statement (i.e. 30% two bed units, 55% three bed units and 15% four bed units) which exceeds the requirements of Local Plan Policy HC2 regarding dwelling mix (i.e. 25% as one or two bed units and 40% as three bed units). This can be required by a condition attached to any permission. It also reflects the urban character of the site and the type of development that would normally be expected to be provided on a site of this type.

The eligible VBC floorspace has been carefully checked on site by Council officers and was measured at 14,646 sq. m. on 21st March 2018. The VBC figure has been agreed by the applicants’ agents. This means that there is an excess of 2,246 sq. m. VBC floorspace over the intended residential development floorspace (i.e. 14,646 minus 12,400), equivalent to an 18% surplus or ‘cushion’.

Stage 4

Stage 4 derives the net affordable housing position after the application of eligible VBC. As the VBC floorspace exceeds the intended residential floorspace, consistent with PPG advice, there no obligation to provide any affordable housing on the application site. In short, the 6.19% affordable housing which would otherwise have been required to be provided on site (consequent on Keppie Massie’s viability assessment), cannot be sought because of VBC.

The outline application is for approximately 147 dwellings. However, it is possible that the total floorspace of development could increase if the dwellings were larger than the assumed average size at the reserved matters application. Whilst there is a reasonable surplus of 2,246 sq. m. VBC to absorb an increase in the total floorspace, it is a sensible approach to ensure the floorspace of the new dwellings at the reserved matters stage does not exceed the VBC. It is therefore proposed to attach a condition to any planning consent such that no more than the VBC floorspace figure of 14,646 sq. m. can be delivered on site as new residential floorspace, consequent on any reserved matters application. By doing this it would give certainty to this matter at reserved matters planning application stage and avoid reopening any debate about affordable housing and VBC.

However, should a wholly new application be submitted at a later date (i.e. not reserved matters) it would trigger the need for a complete reassessment by invoking a new application of the four stage process indicated above, taking account of the eligible VBC floorspace that exists at the time the new application were determined. Importantly, the eligible VBC which is relevant to the determination of the current planning application (or any application) is the amount of eligible floorspace at the date of determination of the application and not that at the time the application is submitted (because either additions or reductions to the eligible VBC floorspace could take place in the intervening period). Accordingly, it will be necessary to check with the applicants’ agent whether the eligible VBC floorspace has changed between the date of measurement and the date of the determining the planning application. In this regard, assurances of ‘no change’ (or if there has been change, what change has taken place as it could lead to a reassessment of eligible VBC and any consequent affordable housing obligation) will be sought from the applicants’ agents as close to the date of the determining Planning Committee as is possible and this will be reported to Members, either by late representation, or verbally at Planning Committee.

(iii) Educational Contributions

Vacant Building Credit can only be applied to affordable housing and it is not applicable when seeking commuted sums for education or other provisions to be secured through a s106 legal agreement.

For the 2018/19 financial year the Council is seeking £2,129.15 per new dwelling for contributions towards local primary school provision. This will exclude any one bedroom dwellings or dwellings which have restricted occupancy for older people.

Based on a scheme of 147 dwellings this would secure a commuted sum towards increased primary education provision in the north Southport/ Churchtown area of £312,985.05 at 2018/19 prices.

The applicants’ agents have confirmed their willingness to enter into a legal agreement for this sum.

Other Matters

Drainage

Subject to conditions this matter has been addressed. The level of hardstanding will significantly reduce compared to the existing arrangement thereby allowing larger areas of permeable ground to assist in reducing surface water run off rates.

While drainage drawings have been provided with this application they reflect the indicative layout and as this could change during the submission of reserved matters it is appropriate to require the submission of drainage details by condition.

Open Space

The indicative layout provides for areas of public open space and although indicative it is considered that this is beneficial to the area by improving pedestrian links through the site to properties on Rufford Road and Bankfield Lane. While this area of open space is not required by Local Plan policy EQ9 ‘Provision of Public Open Space, Strategic Paths and Trees’, as the scheme falls under the threshold of 150 units, it is considered reasonable to attach a condition to any approval requiring the submission of a legal agreement for the long term management and maintenance of this open space.

Ecology

Further information was sought by Merseyside Environmental Advisory Service with regards to the impact of this proposal on ecology during the demolition of existing buildings and the subsequent construction and occupation of the new housing.

The destruction of two bat roosts requires a Natural England European Protected Species licence prior to any works commencing on site and can be the subject of a condition.

The provision of the approximate 147 units may give rise to increased recreational pressure upon the coast and so as to address this matter, over and above the potential provision of open space on site for recreation needs, it is necessary to require information leaflets to be included in any homebuyer's pack advising of the pressures upon the coast and recreational/visitor facilities that are not on the coast. This can be secured by condition.

Services and Facilities

One of the constant points of concern or objection from neighbours is that this development, plus others nearby, will add pressure to, in particular, education and medical services/facilities. The Council is aware of the pressures placed upon primary schools within Southport. To address this and aid in extending/improving existing schools commuted sums will be required from developments of over 11 residential units within Southport.

The pressures placed upon medical facilities are more difficult to assess although the six closest GP surgeries closest to this site - the Marshside Surgery, the Corner Surgery, Churchtown Medical Centre, Roe Lane Surgery, North Meols Medical Centre and Norwood Surgery - are all shown to be accepting new patients (as indicated on the NHS Choices website). The comments made by residents with regards to present difficulties of getting GP appointments are noted but it appears that there is capacity within the existing services.

Energy

The proposed development is expected to comply with Policy EQ7 Energy Efficient and Low Carbon Design. The applicant notes that the layout is illustrative at this stage. However, it does show how the development could come forward with adequate spacing between buildings to enable properties to benefit from solar gain where practical.

While the Council encourages major developments which meet higher energy efficiency standards than set out in the Building Regulations or would achieve 10% on-site renewable energy. However this is not something which the Council can insist on and the applicant notes that all properties will comply with Building Regulations, in accordance with national guidance.

Conclusion

The principle of the development of approximately 147 dwellings on this site, including the impact on the heritage of the site, is accepted. This takes account of the cumulative impact of both this development and that at Bankfield Lane. It has been demonstrated that the vehicle and pedestrian access to this site is satisfactory.

It is agreed that ‘vacant building credit’ applies to this site and that no affordable housing is required. Sefton cannot currently demonstrate a five year supply of housing land (4.5 years at end of March 2017) and this site is already assumed to contribute to this supply position. A contribution of over £300,000 will be required towards providing extra school places in the local area and this, together with provision of open space, will be secured through legal agreement.

Aspects relating to drainage, ecology and open space have been dealt with satisfactorily or can be covered by condition. Matters relating to the layout, scale, appearance and landscaping will be assessed when a reserved matters application is submitted.

It is considered that this application is acceptable and it is recommended that it is granted consent subject to a Section 106 legal agreement and to conditions.

Recommendation – Approval with Conditions subject to the completion of a Section 106 Agreement securing the following:

- Education contribution of £2,129.15 per dwelling for each dwelling comprising two bedrooms or more - Provision for the management and maintenance of the publicly accessible open space.

General Conditions

1) The development hereby permitted shall be commenced before the expiration of three years from the date of this permission or two years from the date of the approval of the last of the reserved matters, whichever is the later.

Reason: To comply with Section 92 (as amended) of the Town and Country Planning Act 1990.

2) Details of the reserved matters set out below shall be submitted to the Local Planning Authority for approval within three years from the date of this permission:

(a) Layout (b) Scale (c) Appearance and (d) Landscaping

Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced and shall be carried out as approved.

Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92(as amended) of the Town and Country Planning Act 1990.

3) The detailed landscaping plans submitted as reserved matters shall include:

(i) provision of public open space (including lighting along Slackey lane) (ii) details of boundary treatments and hard surfaces (ii) the location, size and species of all trees to be planted (iii) the location, size, species and density of all shrub and ground cover planting (iv) a schedule of implementation

Reason: In the interests of visual amenity.

4) The number of dwellings on the site shall not exceed 157.

Reason: In the interests of proper planning and to allow the possibility of a very limited increase in dwelling numbers to be reassessed for section 106 contributions.

5) The reserved matters application shall include no more than the Vacant Building Credit floorspace figure of 14,646 sq. m. as new residential floorspace.

Reason: To ensure the development complies with national guidance on the application of Vacant Building Credit.

6) The application submitted at reserved matters stage shall make provision for the following: - A minimum of 25% of all non-affordable dwellings to comprise 1 or 2 bedroom properties - A minimum of 40% of all non-affordable dwellings to comprise 3 bedroom properties - A minimum of 20% of all non-affordable dwellings to meet Building Regulation Requirement M4(2) ‘accessible and adaptable dwellings’,

Reason: To ensure that a satisfactory housing mix is achieved in accordance with Local Plan policy HC2.

7) a) The detailed plans submitted as reserved matters shall include a survey of existing and proposed ground levels, sections across the site and details of the finished slab level for each property.

b) The ground levels across the site and finished slab levels for each property shall be as per the plans approved under (a) above.

Reason: In the interests of privacy of neighbouring and future occupiers.

8) The access points to the development hereby granted shall be implemented strictly in accordance with drawing number 9869-11-Revision A.

Reason: To ensure a satisfactory development.

Pre-commencement

9) No development shall commence, including any works of demolition, unless the local planning authority has been provided with a copy of a licence issued by Natural England pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorising the specified development to go ahead.

Reason: To demonstrate that the Local Planning Authority has had regard to The Conservation of Habitats & Species Regulations 2010.

10) No development shall commence, including any works of demolition, until a Construction Environmental Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved statement shall be adhered to throughout the construction period and shall include the following:  The proposed times construction works shall take place  The parking of vehicles of site operatives and visitors  Loading and unloading of plant and materials  Storage of plant and materials used in constructing the development  The location of the site compound  Suitable wheel washing/road sweeping measures  Appropriate measures to control the emission of dust and dirt during construction  Appropriate measures to control the emission of noise during construction  Details of all external lighting to be used during the construction  A scheme for recycling/disposal of waste resulting from the demolition and construction works.

Reason: To safeguard the living conditions of neighbouring/adjacent occupiers and land users during both the demolition and construction phase of the development.

11) a) No development shall commence, including any works of demolition, until a Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority.

b) The provisions of the Construction Traffic Management Plan approved under (a) above shall be implemented in full during the period of construction and shall not be varied.

Reason: In the interests of highway safety.

12) No demolition of buildings 1, 2, 3, 4, 5, 6, 7 & 8 on ‘Figure 10: Component buildings’ gazetteer’ of University Salford’s Heritage Statement, Version 2.0, April 2018 shall take place until the applicant has submitted a written programme of archaeological building recording for approval in writing by the local planning authority. The work shall be carried out strictly in accordance with the approved programme.

Reason: To ensure the archaeological interest of the site is fully and properly recorded.

13) No further groundworks shall take place within the identified area of below-ground archaeological potential (according to plan titled “crossons (sic) southport modern OS archaeological potential” by Salford Archaeology) until the applicant has submitted a written scheme of investigation for a programme of archaeological work for approval in writing by the local planning authority. The work shall be carried out strictly in accordance with the approved scheme.

Reason: To ensure the archaeological interest of the site is fully and properly recorded.

14) a) No development approved by this permission, other than demolition of existing buildings and any works associated with remediation, shall be commenced until a scheme for the disposal of foul and surface water drainage has been submitted to and approved in writing by the Local Planning Authority.

b) No part of the development shall be brought into use until the drainage system has been constructed and completed in accordance with the plan approved under (a) above.

Reason: To prevent pollution of controlled waters

15) a) No development shall commence other than demolition of existing buildings and any works associated with remediation, until full details of a scheme for an effective sustainable drainage system to serve the site, and method of implementation including arrangements to secure funding and maintenance for the lifetime of the development through an appropriate legally binding agreement have been submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority.

b) The approved scheme shall be implemented in accordance with the approved details and timetable. Thereafter the sustainable drainage system shall be managed and maintained in accordance with the approved scheme.

Reasons: To ensure satisfactory drainage facilities are provided to serve the site in accordance with the National Planning Policy Framework, Paragraph 103 and Policy EQ8 in the Local Plan.

16) Prior to commencement of development, other than the demolition of existing buildings, the approved scope of works for investigation and assessment of contamination must be undertaken by competent persons and a written report of the findings must be produced. The report should include an appraisal of remedial options and identification of the most appropriate remediation option(s) for each relevant pollutant linkage. The report is subject to the written approval of the Local Planning Authority.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, ecological systems, property and residential amenity and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

17) Prior to commencement of development, other than the demolition of existing buildings, 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).

18) a) The approved remediation strategy must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation (e.g. other than the demolition of existing buildings).

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.

19) 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 18.

20 a) No dwelling shall be constructed until full details of the existing and proposed ground levels (referred to as Ordnance Datum) within the site and on land and buildings around the site by means of spot heights and cross sections, and proposed finished floor levels of all buildings and structures, have been submitted to and approved in writing by the Local Planning Authority.

b) Prior to the construction of external elevations above finished floor levels (FFL) on plots adjoining existing residential properties, the FFL shall be subject to a topographical survey to be submitted to and approved in writing by the Local Planning Authority.

c) No property adjoining any existing residential property shall be occupied until cross sections based on a topographical survey of the level of rear gardens as completed have been submitted to and approved in writing by the Local Planning Authority.

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

Reason: In order to safeguard the living conditions of nearby occupiers and to safeguard the character and appearance of the area.

During construction

21) No tree, shrub or hedgerow felling, or any vegetation management and/or cutting operations shall take place during the period 1st March to 31st August inclusive.

Reason: To protect birds during their breeding season.

Prior to occupation

22) Prior to the occupation of dwellings, 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.

This will apply particularly to the dwellings at the south western corner of the site which adjoin existing residential development. The exact dwellings will be specified at reserved matters stage.

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.

23) No part of the development shall be brought into use until a means of vehicular and pedestrian access to the development has been constructed.

Reason: In the interests of highway safety.

24) No part of the development shall be brought into use until visibility splays of 2.4metres by 43metres at the proposed junction with Balmoral Drive and North Road have been provided clear of obstruction to visibility at or above a height of 0.6 metres above the carriageway levels of Balmoral Drive and North 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.

25) a) The dwellings shall not be occupied until a detailed scheme of highway improvement works set out below, together with a programme for the completion of the works has been submitted to and approved in writing by the Local Planning Authority:

- Full footway reconstruction to the east side of Balmoral Drive along the full frontage of the development site - a priority junction onto North Road including flush kerbs and tactile paving and reconstruction of adjacent footway areas; - priority junctions onto Balmoral Drive including flush kerbs and tactile paving and reconstruction of adjacent footway areas; - new dropped kerbs and tactile paving at several locations along the footway on the south side of North Road being at Rathmore Crescent, Lexton Drive, Balmoral Drive, North Road cul-del-sac; new dropped kerbs and tactile paving at the junction of North Road and Rufford Road new dropped kerbs and tactile paving at the junction of Balmoral Drive and Verulam Road; new dropped kerbs and tactile paving at the junction of Slackeys Lane and Rufford Road; - Revocation and removal of the existing Traffic Regulation Order on Balmoral Drive opposite nos. 113 to 167.

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.

26) 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

27) 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.

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

28) a) The approved landscaping scheme shall be carried out prior to the occupation of any part of the development or in accordance with a timetable to be agreed in writing with the Local Planning Authority.

b) 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

29) Prior to the occupation of any dwelling, details of a leaflet advising of the pressures upon the coast and recreational/visitor facilities that are not on the coast shall be submitted to and approved in writing by the Local Planning Authority. The agreed leaflet shall in included in the sales pack and issued to the first occupier of each dwelling.

Reason: In the interests of nature conservation.

Informatives 1) Highways The applicant is advised that the proposal will require the formal allocation of addresses. Contact the Highways Development and Design Team on Tel: 0151 934 4175 to apply for new street name(s)/property number(s).

Consideration should be given to the inclusion of the names Vulcan & Hampson in the proposed street names for the site so that they might also serve as a permanent reminder of the site’s former industrial use.

2) 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.

3) 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 following a reserved matters application if any new roads or areas are proposed for adoption, an agreement pursuant to s38 of the Highways Act 1980 will be required. Please contact the Highways Development & Design Team 0151 934 4175 for further information.

4) Piling If the proposed development is to incorporate piling in the foundation detail, the developer is advised to consult with Sefton Council Pollution Control to obtain guidance.

The applicant or contractors should put into place efficient measures to control pollution from dust. This can be done by dampening down, wheel washing and or the use of other measures.

The standard hours for construction works in Sefton are 0800-1800 Monday to Friday and 0800-1300 Saturday (with no works on a Sunday or bank holiday)

5) Drainage Details of a scheme for a sustainable drainage system should include:

a) Hydraulic calculations, long and cross sections of proposed drainage systems and flow controls to appropriate scale.

b) Information about the lifetime of the development and design of the sustainable drainage system design, including storm periods and intensity (1 in 30 & 1 in 100 year + 40% allowance for climate change), discharge rates and volumes (both Pre and Post development), methods employed to delay and control surface water discharged from the site, and appropriate measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters, including watercourses;

c) Demonstrate that the surface water run-off would not exceed the pre- development greenfield runoff rate for an existing greenfield site or show how surface water run-off would be reduced by at least 20% on previously developed sites;

d) Include details of a site investigation and test results to confirm infiltrations rates;

e) Include details of how any flood water, including depths, will be safely managed in exceedance routes;

f) Secure arrangements for adoption by an appropriate public body or statutory undertaker or, management and maintenance by a Residents’ Management Company through an appropriate legal agreement;

g) Secure arrangements, through an appropriate legal agreement for funding on- going maintenance of all elements of the sustainable drainage system including: i mechanical components; ii. on-going inspections relating to performance and asset condition assessments and; iii. operation costs for regular maintenance, remedial works and irregular maintenance caused by less sustainable limited life assets or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime.

h) Secure means of access for maintenance and easements, where applicable.

i) Include a timetable for implementing the scheme.

6) Contamination Development other than that required to be carried out as part of an approved scheme of remediation must not commence until Conditions 16-19 above have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing, until Condition 19 has been complied with in relation to that contamination. Contaminated land planning conditions must be implemented and completed in the order shown on the decision notice above.

7) Managing waste The following information could be included within the waste audit (or similar mechanism) as stated in the Planning Practice Guidance for Waste: • The anticipated nature and volumes of waste that the development will generate; • Where appropriate, the steps to be taken to ensure the maximum amount of waste arising from development on previously developed land is incorporated within the new development; • The steps to be taken to ensure effective segregation of wastes at source including, as appropriate, the provision of waste sorting, storage, recovery and recycling facilities; and • Any other steps to be taken to manage the waste that cannot be incorporated within the new development or that arises once development is complete. Guidance and templates are available at: • http://www.meas.org.uk/1090 • https://www.gov.uk/guidance/waste; • http://www.wrap.org.uk/; and • http://ec.europa.eu/growth/tools- databases/newsroom/cf/itemdetail.cfm?item_id=8983

8) Bats The applicant will need to carry out repeat bat surveys prior to applying for a licence from Natural England, as all licence applications must be supported by survey evidence within a twelve month period preceding the application.

The applicant could choose to use a Registered Consultant under the Bat Low Impact Class Licence. If the applicant chooses to use a Registered Consultant, then they should provide evidence of the successful registration of the site under the scheme.

The surveys must follow BCT Guidelines and must be up-to-date. This means that the survey data must be from the current or most recent optimal survey season, which is from May to August.

9) Heritage The Programme of Building Recording & the below-ground Archaeological Works should be described in a Written Scheme of Investigation(s) (WSI) produced by an appropriately qualified and experienced archaeologist and should contain appropriate research objectives and a detailed programme of works that includes a specification of the methods to be used. The WSI should be of sufficient detail so that the impact of the proposed works can be properly assessed by the Local Planning Authority.

The applicant must ensure that an integrated approach is taken when preparing to undertake the archaeological building recording because of known ecological issues, in this instance the presence of bats.

10) Electric vehicle charging points All EV charging points shall be clearly marked as such and their purpose explained to new occupants within their new home welcome park/travel planning advice.