Report To: PLANNING COMMITTEE Date of Meeting: 29Th August 2018

Report to: PLANNING COMMITTEE Date of Meeting: 29th August 2018

Subject: DC/2017/02092 Weld Blundell Arms, Scaffold Lane, Ince Blundell, L38 1QA

Proposal: Erection of a petrol filling station with ancillary retail, drive through café/restaurant and a new bowling green clubhouse after demolition of the existing public house/restaurant.

Applicant: EG Group Agent: Miss Emily Robinson, PWA Planning

Ward: Ravenmeols Ward

Summary Report

The application was considered by Planning Committee on June 6th 2018. The application was deferred in order to secure an improved design more in-keeping with the character of the existing site and to determine if the impact on residential amenity and pedestrian facilities around the site could be improved.

Neighbouring occupiers were re-notified by letter and four further objections and one representation relating to non-material considerations have been received. The reasons for objection have been updated within the officer report forming Appendix 1 of this summary report, however none relate to the changes from that previously presented to committee. No additional petitions have been received following neighbour re-notification.

Any further representations received between the drafting of this report and the day of planning committee will be reported as late items.

The design and scale of the buildings has been amended since the application was previously presented to Planning Committee. The proposed coffee shop has been reduced in scale and now benefits from an alternative design which includes both brick and timber cladding, a considerable change from the composite cladding material previously proposed. The materials for the Petrol Filling Station have also been altered to a mix of clay facing brick and timber boarding to the side elevations, with the brick finished north west elevation particularly prominent when approaching from the north on the Formby by- pass. The use of rural materials would help create a sense of harmony throughout the development. This approach is further supported by a change in the boundary treatment to the north of the site which would now be in the form of a 1.20 metre high reclaimed brick wall.

The amended design is considered to be appropriate within this setting as a roadside establishment. The setting back of buildings further in to the site would improve the openness of the site and allow for attractive soft landscaping which would consequently improve the appearance of the area.

The proposed development therefore complies with policies EQ2 (Design) and NH15 (Non- Designated Heritage Asset) of the Local Plan.

Further dropped kerb facilities for users traversing the junction with Lady Green Lane were considered by the Highways Manager and subsequently discounted as this may inadvertently introduce additional conflict between pedestrians and vehicles. This aspect of the scheme therefore remains as previously proposed and is not considered to be significantly detrimental to highway safety or movement and accords with policy EQ3 (Accessibility) of the Local Plan and Council guidance on Sustainable Travel and Development.

The context of the site, its proposed development and potential impact on the existing levels of amenity currently enjoyed by neighbours in proximity are addressed in the officer report. The proposal is not considered to cause any significant harm to the living conditions of nearby occupiers and complies with policy EQ2 (Design) of the Local Plan.

Conclusion

The proposal is not considered to be “inappropriate development” within the Green Belt and meets the exceptions set out within the National Planning Policy Framework. The applicant has demonstrated that there are no “sequentially preferable” sites available to meet the requirements of the proposed development and it would not have an impact on the viability of existing centres.

The proposal is not considered to cause any significant harm to the living conditions of occupiers of neighbouring properties and the proposal is of a design that is acceptable in appearance and compatible with the character of this area. The proposal has been amended to improve the layout in terms of access, egress and vehicular movement so as to ensure highway safety and movement is not compromised.

The proposal complies with relevant policies in the Sefton Local Plan, the National Planning Policy Framework and Council’s guidance on Sustainable Travel. It is therefore recommended for approval, subject to appropriate conditions.

The officer report and attached conditions have been amended to reflect those presented to committee on the night as late items and reflect some of the changes (principally paragraph numbers) of the updated National Planning Policy Framework. Site Location Plan Recommendation - Approve with Conditions

Conditions

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

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) No part of the development hereby permitted shall be commenced until a Construction and Demolition Management Plan has been submitted and agreed in writing by the Local Planning Authority that details the means of mitigation of construction effects.

This shall include but not be limited to the following:

 Methods for the mitigation of noise and vibration from demolition and construction works, and also from the operation of any temporary power generation or pumping plant which will operate overnight.  Methods for dust control and suppression.  Control of transfer of mud out of the site – details of wheel washing facilities including location and type.  The areas for the storage of plant and materials.  Location of site compound, including any loading/unloading areas, turning areas for delivery vehicles and construction staff parking arrangements.

All site works shall then proceed only in accordance with the approved management plan unless otherwise agreed in writing beforehand with the Local Planning Authority.

Reason: In the interests of highway safety and movement and to ensure the amenity of neighbouring occupiers is not significantly impacted on and to comply with policy EQ3 of the Local Plan.

3) No development other than that required for the purposes of demolition shall commence until a surface water drainage scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions has been submitted to and approved in writing by the local planning authority.

The surface water drainage scheme must be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement National Standards and unless otherwise agreed in writing by the local planning authority, no surface water shall discharge into the public sewerage system either directly or indirectly. The development shall be carried out in accordance with the approved details. The scheme shall be implemented in accordance with the approved details prior to the development becoming operational and retained thereafter in perpetuity.

Reason: These details are needed prior to the commencement of development in case design changes are necessary; in order to promote sustainable development, in order to secure proper drainage and to manage risk of flooding and pollution.

4) No development shall commence above slab level until details of the implementation, maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the local planning authority. Those details shall include:

i) a timetable for its implementation, and ii) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage system throughout its lifetime.

The sustainable drainage system shall be implemented and thereafter, managed and maintained in perpetuity in accordance with the approved details.

5) No part of the development hereby permitted shall be commenced until a Construction and Environmental Management Plan (CEMP) has been submitted and agreed in writing by the Local Planning Authority.

The CEMP shall include (but not limited to) information to accord with/provide;

Demolition and construction activities including piling should be undertaken between 1 April and 31 August in any given year to avoid impacts on overwintering birds. However, if this is not possible:  The recommended temporary wildlife barrier fencing should be solid (i.e. wooden acoustic noise reduction fence paneling) and sited on the eastern boundary adjacent to the proposed drive-through café/restaurant and petrol filling station as this adjoins farmland that could be used by qualifying bird features of the European Sites. For the avoidance of doubt the erection of Heras fencing would not be sufficient  Confirmation that a sensitive light scheme would be implemented that would avoid light spill to the adjoining farmland  Dust suppression and noise prevention measures  Careful siting of any compound, construction and waste material areas away from the eastern boundary  A site waste management plan  Measures to protect water voles for works in proximity to the top of the bank to the watercourse to the south/south-east of the site.  Confirmation that trees T10 & T24 are to be soft felled, including details of methods to be used.

Reason: To avoid harm to protected species and ensure compliance with policy NH2 of the Local Plan in relation to priority habitats and protected species.

6) No above ground development other than that required for the demolition of the existing buildings shall commence until samples of external facing materials and boundary treatments to be used for the construction of the approved development have been submitted to and approved in writing by the Local Planning Authority.

The materials approved shall be used in the construction of the development.

Reason: To ensure the satisfactory appearance of the development and to maintain the character and visual amenity of the area and to accord with policy EQ2 of the Local Plan.

7) a) A scheme of works for the new vehicular and pedestrian access, including the provision of all statutory undertakers apparatus has been installed at a suitable depth of carriageway construction alongside the western boundary of the proposed petrol filling station with the boundary of Scaffold Lane, 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 relating to vehicular movements on Scaffold Lane and to comply with policy EQ3 of the Local Plan.

8) The development shall not become operational until a detailed scheme of highway improvement works has been submitted to and approved in writing by the Local Planning Authority. The scheme shall provide for:

a) an amendment to the existing Traffic Regulation Order (TRO) to alter the location of the commencement of the 50mph speed restriction to the A565. The TRO is to be supported by appropriate signage and lineage. The amendment to the TRO will be at the applicant’s expense. b) No part of the development shall be brought into use until the required highway improvement works have been implemented in accordance with the details approved under (a) above.

Reason: In the interests of highway safety on Scaffold Lane.

9) If within a period of 5 years from the date of the planting of any tree proposed as part of the approved landscaping scheme, or any tree planted in replacement of it, is removed, uprooted or destroyed or dies or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted at the same place during the next planting season immediately following the death/removal/destruction of that tree.

Reason: To ensure an acceptable visual appearance to the development.

10) The development shall not be brought in to use until a scheme of proposed boundary treatments has been submitted and approved by the Local Planning Authority. The scheme shall include proposed materials and detailed elevations including the requirement of an acoustic barrier up to an appropriate height to the south east boundary of the site. The acoustic barrier shall be constructed from material with a minimum mass of 10kg/m2 and constructed in such a way as to not have any holes or gaps through, in or under the structure.

The approved scheme must be implemented prior to the development becoming operational.

Reason: In the interests of visual and aural amenity, to protect neighbouring occupiers from significant disturbance by way of noise and to comply with policy EQ2 of the Local Plan.

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 and movement within the site.

12) No part of the development shall become operational 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 boxes shall be installed in accordance with the approved details and timetable.

Reason: To safeguard the conservation of Swallows habitat at the site. 13) No noise generating plant and associated equipment shall be installed and/or operated on site before a scheme to control noise nuisance has been submitted to and approved in writing by the Local Planning Authority.

Any approved scheme shall be implemented prior to the plant becoming operational and noise control measures contained therein retained thereafter.

Reason: To prevent the emission of noise above a level that would be detrimental to the aural amenity of occupiers of neighbouring properties.

14) No kitchen extraction systems shall be installed at the site without first submitting a relevant scheme for written approval from the Local Planning Authority. Any approved scheme shall be implemented before the development becomes operational and retained thereafter.

Reason: To prevent the emission of odours and smells that would be detrimental to the amenity of occupiers of neighbouring properties.

15) No part of the development hereby permitted shall be brought in to use until visibility splays of 2.40 metres by160 metres along Scaffold Lane have been provided clear of obstruction to visibility at or above a height of 0.60 metres above the carriageway level. 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 along Scaffold Lane.

16) Deliveries to the site shall not take place outside the hours of 07:00-22:00.

Reason: In the interests of residential amenity of neighbouring occupiers.

17) 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. If it is necessary to undertake works during the season, the trees and scrub are first to be checked by a qualified ecologist to ensure no breeding birds are present. If present, details of how they will be protected must be submitted for approval by the Local Planning Authority.

Reason: To protect birds during their breeding season.

18) A method statement is required to show how the presence of Japanese Knotweed within the site would be addressed. The statement shall include the following:

 A plan showing the extent of the plant;  What method will be used to prevent the plant spreading further, including demarcation; and  What method of control will be used, including details of monitoring. A validation report is to be submitted for approval in writing by the Local Planning Authority confirming the remediation treatment carried out and that the site has been free Japanese Knotweed for 12 consecutive months.

Reason: To prevent the spread of invasive species and to ensure Japanese knotweed is eradicated from the site.

19) No part of the development shall be brought into use until space and facilities for cycle parking have been provided in accordance with the approved plan and these facilities shall be retained thereafter for that specific use.

Reason: In the interests of highway safety and to encourage use of sustainable modes of transport to the site.

20) The improvement works to the Weld Blundell bowling green detailed in appendix 2 of the Planning Design and Access Statement and dwg. 1500-10 are to be constructed and implemented within 6 months of the petrol filling station or drive through restaurant (whichever is the soonest) becoming operational.

Reason: to ensure that the proposed improvements are provided within a reasonable timescale.

21) The premises and associated drive-through restaurant shall not be open for business outside the hours of 06:00 and 22:00.

Reason: In the interests of residential amenity.

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

Location Plan, Dwg. No. 1500-1 Proposed Site Plan, Dwg.1500-7I Proposed Landscaping Layout Dwg. 3741 01 Rev C Proposed Bowling Club Elevations, Dwg. 1500-10a Proposed Drive through café/restaurant elevations Dwg. 1500 4a Proposed PFS Plan and elevations Dwg. 1500-6b Site Elevations Dwg. 1500-8b Tree Constraints Plan Tree Protection Plan Topographical Survey Dwg. EG193/T00 Swept Path Analysis, Dwg. ATR001 Rev A Light Spill Drawing Outdoor lighting Report Transport Assessment, Ref. 661459-3 Noise Assessment Ref. 101712, March 16th 2018 Daytime bat survey and ecological scoping survey, August 2017 Ecological Addendum 29th 2018 Sequential Test Report

Phase I Geo-Environmental Desk Study Issue 2 Phase I Geo-Environmental Assessment Issue 2

Reason: To ensure a satisfactory development.

Informatives

1) Access for fire appliances should comply with Section 55 of the County of Merseyside Act 1980 and with the requirements of Approved Document B5 of the Building Regulations.

Water supplies 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.

Shopping, offices, recreation and tourism

Commercial developments of this type should have a water supply capable of delivering a minimum flow of 20 to 75 litres per second to the development site.

The Fire Authority has no objection in principle to the proposed development but requests that any decision notice includes the following information; All works relating to the dispensing of petroleum spirit on the site must meet the requirements of the Petroleum (Consolidation) Regulations 2014 and the Dangerous Substances and Explosive Atmosphere Regulations (DSEAR) 2002.

The premises is or will be subject to a Petroleum storage certificate issued by Merseyside Fire & Rescue Authority as the Petroleum Enforcing Authority. The full structural details of the installation, including tanks, their surround, associated pipework and monitoring systems should be submitted and approved by Merseyside Fire & Rescue Authority, prior to the installation of the agreed scheme. All works on the site should take account of the guidance contained within the Design, Construction, Modification, Maintenance and Decommissioning of Filling stations (ISBN 085293 419 X) published by the Association for Petroleum and Explosives Administration.

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) A waste audit or similar mechanism (e.g. a site waste management plan) provides a mechanism for managing and monitoring construction, demolition and excavation waste. This is a requirement of WLP policy WM8 and the National Planning Policy for Waste (paragraph 8, bullet point 3), and may also deliver cost savings and efficiencies for the applicant. 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 and http://www.wrap.org.uk/ http://ec.europa.eu/growth/tools- databases/newsroom/cf/itemdetail.cfm?item_id=8983

4) For the avoidance of doubt this approval does not grant consent to any advertisements that may be illustrated, such adverts are subject to advertisement regulations and may require a separate planning application.

5) The applicant, their advisers and contractors should be made aware that if any bat species are found, then as a legal requirement, work must cease and advice must be sought from a licensed specialist.

6) Plant and machinery associated with the petrol filling station must conform to the sound levels detailed in Table 7 of Miller Goodhall Noise Assessment, report ref. 101712

7) The applicant is advised that the proposal will require the formal allocation of addresses. Contact the Development and Support team on 0151 934 4569 or E-Mail [email protected] to apply for a street name/property number.

8) 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.

10) 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 suitable guidance which is current at the time of its provision.

Appendix 1

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

Subject: DC/2017/02092 Weld Blundell Arms, Scaffold Lane, Ince Blundell, L38 1QA

Proposal: Erection of a petrol filling station with ancillary retail, drive through café/restaurant and a new bowling green clubhouse after demolition of the existing public house/restaurant.

Applicant: EG Group Agent: Miss Emily Robinson, PWA Planning

Ward: Ravenmeols Ward

Summary

The application is seeking consent for the erection of a petrol filling station with ancillary retail, drive through café /restaurant and a new bowling green clubhouse after demolition of the existing public house/restaurant.

The proposal is not considered to be inappropriate development within the green belt and meets the exceptions as set out within the National Planning Policy Framework.

The main issues for consideration in the assessment of this application are the principle of development in realtion to the green belt, the location and impact of the retail element, residential amenity, non-designated heritage assets and character of the area, highway safety, trees, flood risk, contaminated land and matters of ecology.

It is considered that the proposal is compliant with the aims and objectives of the Sefton Local Plan. Recommendation: Approve with Conditions

Case Officer Mr David Atherton

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=documents&keyVal=OZ8U9LNWK7T00 Site Location Plan The Site

An extended single/two storey public house with adjacent car park, located on the east side of Scaffold Lane near its junction with Lady Green Lane, Ince Blundell. The site is designated within the Local Plan as Green Belt.

History

Various applications relating to extensions to the existing building and advertisement consent but nothing relevant to the redevelopment of the site as proposed.

Consultations

United Utilities - External Planning Liaison No objection subject to condition.

Natural England No comment – advice from Council’s own ecologist can be sought.

Environmental Health Manager No objection subject to conditions.

Lead Local Flood Authority No objection subject to conditions.

Highways Manager No objections subject to conditions.

Local Plan Team No objection, development complies with Green Belt policy and the application of the Sequential Test is appropriate.

Contaminated Land Manager No objection.

Merseyside Environmental Advisory Service No objection subject to condition.

Trees No objection subject to condition. Neighbour Representations

The applicant has also undertaken independent consultation with Weld Blundell Bowling Club to understand their aspirations for the bowling green and feed into the process when preparing the planning application.

The application was advertised by site notice and letters to occupiers of 54 properties within the vicinity.

9 objections and two letters of support have been received. A petition (endorsed by Cllr Bennett) containing 86 signatories has also been received. The grounds of objection include:

Principle

 To build on green belt is highly injurious to the perception of Sefton to its many visitors

Highways

 Highway safety at a junction which is already dangerous  Increase in traffic levels and capacity of junction to cope  Will attract pedestrians to by-pass which can’t cope  Unnecessary food outlet at a difficult junction

Character of the Area

 Loss of long standing pub and older building which fits in with local architecture. Replacement buildings would be out of character.  Loss of PH and facilities for families. A family aimed site is needed.  Not suitable in a rural location  Very large café/drive through outlet.  A monstrosity inflicted on a green field/rural area.

Flooding

 More hard-standing = more flooding  Pollution to watercourse

Residential Amenity

 Would increase anti-social behaviour, litter and noise  Smell and fuel emissions  Noise/light pollution  Harm to neighbouring properties  Cars parked in close proximity to the boundary will impact on the privacy of No. 86 Ladygreen Lane.  Odours from café  Noise of refrigerated lorries and other vehicles delivering to site  Canopy is high and ugly  Lack of privacy

Ecology

 Developing the site further (from a quiet local pub) can only harm the local habitat and wildlife as an increased number of vehicles come and go.

Non-Material Considerations

 These facilities are not required as similar facilities in the area  Complaint would be of no consequence as a full month should have been available to view with additional times and a proper village consultation viewing  Would make neighbouring properties un-sellable  A non-pretentious small motel would be better to provide accommodation  Sefton Council can make money by putting up a speed camera on A565 and Ladygreen Lane  A similar business to this failed at a site in the local area  New signage proposals are still not available for viewing.

The letters of support cite the following reasons:

 Pub/restaurant has been in decline for a number of years; the benefits in the form of amenities, jobs and sport/recreation facilities far outweighs any argument against.

 Development will secure bowling green facility for more people to enjoy and secure a community asset for the local area. New facilities will allow for more inclusive membership due to access to clubhouse and to its surroundings

Policy Context

The application site lies within an area designated as Green Belt on the Policies Map.

The National Planning Policy Framework (NPPF) and Sustainable Travel SPD are also material considerations.

Assessment of the Proposal

The main issues to consider are the principle of the development, its impact on the character and appearance of the area, the impact on the living conditions of nearby residents, highway safety, flood risk, landscaping, ecology, drainage and the risk caused by land contamination.

Principle

Policy MN7 (Green Belt) of the Local Plan states that “The construction of new buildings, some changes of use, and other development is generally regarded as inappropriate development in the Green Belt, subject to the exceptions test set out in national planning policy.” The proposed development would fall into the exception as stated in paragraph 145(g) of the NPPF which reads;

“limited infilling or the partial or complete redevelopment of previously developed sites (brownfield land) whether redundant or in continuing use (excluding temporary buildings), which would

- not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development.”

The footprint of buildings within the site would be 390sqm less than the existing use and the scale and massing of the proposed buildings are far less bulky. In addition, while the height of the petrol filing station (PFS) canopy threatens the openness, the nature of such a structure is lightweight in its appearance and allows for visibility through it. The proposed buildings would be set further back in the site which would reduce its prominence within the street scene and mature tree planting/landscaping would improve the appearance of the site.

Weighing up the above detail and comment, consideration is also given to the provision of a clubhouse and supplementary improvements to the bowling green to the north of the site. The works proposed there are likely to make the bowling green more viable for teams and clubs which weigh in favour of the development proposal. It would also meet the exception stated in para 145(b) of the NPPF which refers to the provision of appropriate facilities for outdoor sport, outdoor recreation…as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it. The applicant has also detailed the number of jobs that would be created by the development however this is afforded only limited weight as such a proposal could be delivered at a non-green belt roadside location.

In this context, it is considered that the spread of development would result in limited harm to the openness of the green belt; however this is outweighed by the elements discussed above. Consequently, it is considered that the proposal addresses the second part of the exception test by virtue of not having a greater impact on the openness of the green belt than the existing.

Giving consideration to all of the above, it is concluded, that subject to compliance with other policies material to the development proposal, the development complies with policy MN7 of the Local Plan. Sequential Test & Impact Test

The application is supported by a sequential test for the drive-through restaurant and the retail unit attached to the petrol filling station (PFS). Policy ED2 (Retail, Leisure and Other Town Centre Uses) of the Local Plan therefore applies.

Formby District Centre is located approximately 4km to the north and as such, so the application site is clearly ‘out of centre’ for the purposes of the NPPF. It is therefore necessary to apply a ‘sequential approach’ to development for main town centre uses. (The drive-through restaurant represents a substantial element of the proposal and therefore the majority of the site is occupied by main town centre uses).

The description of the development states the retail unit is ancillary to the PFS. However, given the conceivable size of the net sales area and potential to provide a reasonably extensive range of top up convenience goods for consumption at home (rather than just refreshments to be consumed on an onward journey) and the number of parking spaces available, it is considered that the retail unit would attract customers not buying fuel. It is therefore not strictly ancillary to the use as a PFS. The application of the sequential test has therefore been assessed within this context.

The format of the development can be described as ‘roadside’ in character, catering mainly for the travelling public and the unlikely viability of such a use in other centres which already have similar outlets. This issue is given significant weight when assessing the suitability of a site.

Location is also applied relevant factor within the sequential test, as detailed within paragraph 11 of the Planning Practice Guidance which says; “Use of the sequential test should recognise that certain main town centre uses have particular market and locational requirements which mean that they may only be accommodated in specific locations.” Given the format and nature of the proposed development is to provide roadside facilities it is, by definition, unlikely to be within a town centre. Notwithstanding the limited relevance of the sequential test in this context, the location of the site on a main arterial road is means that it is both accessible and well connected.

The applicant has identified (Section 3 of the Sequential Test Report) potential alternative sites and is not aware of any site which is available and suitable to accommodate the proposal. Retail consultants acting on behalf of the Council have given further consideration to other sites and advised that they are in agreement that alternative and appropriately sized sites to accommodate the proposed main town centre uses are available.

Policy ED2 requires consideration of the impact of the proposal on the vitality and viability of existing centres. The drive-through restaurant and convenience store would cater largely for trade which is already passing along the A565 and as referred to above, the site is some distance away from any defined centre. As a consequence, the diversion of trade arising from the proposal would be spread across a number of centres. The drive-through in particular would provide an outlet which is different from that typically available in Crosby or Formby. Overlap between the centres and the proposed use at the site would be very limited. By virtue of the location of the site, the distance to the nearest centres and the proposal’s likely customers, the probable impact of the proposal on existing centres would be substantially below the level which could be deemed ‘significantly adverse’.

Given the above it is concluded that no sequentially preferable site which could accommodate the proposed use is available and the application accords with the requirements of the sequential test and impact test as set out in paragraphs 86 and 89 of the NPPF and policy ED2 of the Local Plan.

Residential Amenity

The site is located adjacent to the A565 Formby by-pass which is heavily trafficked throughout the day and evening. As such, it is reasonable to consider that occupiers of dwellings in the vicinity already experience a greater level of ambient noise. A noise assessment and lighting scheme have been submitted to support the application detailing the likely impacts to the nearest ‘sensitive receptors’.

Primary consideration is given to the potential impact on the nearest property to the south east of the site, at No. 86 Lady Green Lane. The property and the application site are divided by a watercourse running laterally. The property has two windows to the upper floor and benefits from mature landscaping to its northern boundary, adjacent to the water course. The nearest elevation (side) is 32 metres from the boundary and a total of approximately 43 metres away from the PFS canopy.

The noise assessment established pre-development background levels and the data was then used to predict the potential impact of the noise resulting from the proposed development. Most activities associated with the use would have a low impact using industry standard methodology. The impact of HGV deliveries during the early morning hours, however, warranted further analysis and proposed methods of mitigation for nearby sensitive receptors. This can be mitigated in a number of ways, including restricting delivery hours, the erection of a suitable acoustic barrier and control of opening hours.

While the existing site is floodlit the proposed development would include additional lighting. A light-spill drawing has been submitted to support the application. The Environmental Health Manager has advised that owing to the location of such features and given the context of the site in relation to neighbouring occupiers, the proposed lighting scheme would not significantly harm the living conditions of neighbouring occupiers and is acceptable.

The proposal is not considered to raise any significant issues relating to loss of outlook or loss of privacy. The Environmental Health Manager has raised no objection to the development. Owing to the above considerations and assessment, the proposal is not considered to be significantly harm the living conditions currently enjoyed by neighbouring occupiers and complies with policy EQ2 of the Local Plan Character of the area and Non-Designated Heritage Asset

The Weld Blundell Arms is a non-designated heritage asset with records dating back to the period 1849.

While the building does have some rural characteristics, the site itself, adjacent to the Formby by-pass and with a large expanse of hard-standing is not rural in a traditional sense. There have been multiple extensions to the building and the site is promoted via multiple advertising features (which one would expect for the existing use). Much of its character and value as a heritage asset has become diminished over time. The building is not listed, located within a Conservation Area or listed/nominated as an Asset of Community Value. The building is not included in CAMRA’s Pub Interiors of Special Interest for the North West. The Merseyside Environmental Advisory Service (MEAS) have advised that it is unlikely that any significant archaeological deposits are present at the site and have not raised any objection to the loss of the building. On balance, it is concluded that the scale of harm resulting from the loss of the building would not be significant.

While the proposed development would use modern construction materials and be significantly different from a design perspective, it is considered to be appropriate within this setting as a roadside establishment. The setting back of buildings further in to the site would improve the openness of the site and allow for attractive soft landscaping which would consequently improve the appearance of the area.

The proposed development therefore complies with polices EQ2 (Design) and NH15 (Non- Designated Heritage Asset) of the Local Plan.

Highways

The site is accessed from A565 Scaffold Lane, located at the northern edge of the village of Ince Blundell, and is located at the signal controlled junction between A565 and B5193 Orrell Hill Lane. The speed limit on the A565 fronting the site is 60 mph, however, this reduces to 50 mph approximately 200m south the site.

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 Scaffold Lane (A565) /Orrell Hill Lane/Lady Green Lane signal controlled junction.

The TRICS database has been used to obtain estimated trip rates for this proposal. This is an accepted method and has compared the level of use from other similar developments in order to establish the extent of the traffic that is likely to be generated by the proposals. It has separated the individual aspects of the site use before calculating overall trip generation figures. The assessment shows that the proposed development will generate 213 two way trips in the am peak, and 232 two way trips in the pm peak hour. This equates to less than two vehicle movements a minute in either direction during the busiest peak hour resulting from the development.

The applicant has suggested that given the location of the site the vast majority of the trips, particularly at peak times, will be drawn from the traffic already travelling along A565 and that 90% of the trips generated for the development will be classed as pass-by whilst the remaining 10% will be classified as new trips. They have also suggested that 10% of the trips generated will be linked trips between the drive through, petrol filling station and retail elements of the site. These are considered appropriate in this location and consequently the level of new trips on the network during peak periods would be 19 two way in the am peak and 21 two way trips in the pm peak.

A junction analysis of the Scaffold Lane (A565) /Orrell Hill Lane/Lady Green Lane junction was undertaken as part of the TA based on a manual count taken on Thursday 22nd June 2017. The junction count covered the morning peak (07:30-9:30) and the afternoon peak (16:30-18:30). From these counts the peak hours were derived as follows, which are considered acceptable.

AM Peak: 07:45 -08:45; and PM Peak 17:00-18:00,

The purpose of this analysis was to establish the impact this additional traffic and change in vehicle distribution may have upon this junction. The results of this assessment show that the junction currently operates within capacity in the am peak and will generally continue to do so with the addition of the development traffic for the next 5 years. However, during the pm peak the junction is currently close to capacity and with just natural traffic growth will exceed capacity in 2022. With the inclusion of the development the trip distribution through the junction alters and although the junction remains above capacity in the pm peak the Highways Manager has advised that the overall impact on the junction by the development is minimal.

It is proposed to alter the existing site access by increasing the width of the access and introducing a more formal carriageway and footway arrangement. It will be necessary to provide new traffic signals and road markings as part of the alterations to the access.

Accessibility by sustainable modes of transport are somewhat limited, however the ‘roadside’ nature and types of customers have already been established within this report. It is assumed that the majority of trips to the site would be by vehicle base which is appropriate within the context of the setting.

The layout of the site together with the circulatory one way layout of the Drive Thru and Petrol Filling Station will provide significant queuing capacity within the site. Box markings at the give way junctions within the site are proposed to stop emerging vehicles obstructing the access road. This will help mitigate the possibility of internal queues affecting the signal controlled junction. Tracking drawings submitted generally illustrate that delivery, servicing, refuse and emergency vehicles can broadly safely manoeuvre within the site and are able to access and leave the site in a forward gear. Segregated pedestrian facilities to each of the three elements that also interlink with the site are proposed. These include dropped kerbs and tactile paving and pedestrian crossing road markings. Total parking at the site would be 52 car parking spaces, 4 disabled spaces and 8 cycle parking spaces which is within the maximum standards set out within the Ensuring a Choice of Travel SPD.

A review of Personal Injury Accident data for the most recent five year time period available has revealed that there have been six accidents. Five were classed as slight but the other was fatal. The details and contributory factors involved in these accidents surmise 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 a reduction of the speed limit at the signal controlled junction fronting the site will benefit road safety. Due to the increase in the left and right turning manoeuvre into the site it is agreed that reducing the speed limit would reduce the possibility of speed related accidents and improve highway safety. The existing Traffic Regulation Order imposing speed restrictions should be altered such that the 50 mph limit should commence 300m north of the site. The required amendments to the Order can be secured by a suitably worded condition.

In view of the above and subject to compliance with appropriate conditions, the proposed development is not considered to significantly harm highway safety or movement and complies with policy EQ3 (Accessibility) of the Local Plan and the relevant SPD.

Flooding & Drainage

The site is relatively flat and lies within Flood Zone 1 which is defined in Planning Practice Guidance as having a low probability of flooding. A watercourse lies to the east of the site and the proposed development layout has allowed for the required 8m easement. The draft strategy submitted by the applicant understands that surface water at the site is currently discharged into an existing culverted water course and they would seek to maintain this approach with additional attenuation measures so as to result in an overall improvement.

While the applicant has not provided detailed evidence of how surface water run-off and flood risk would be managed on site, the layout of the existing site with buildings and a large expanse of hard standing indicates that, subject to the submission of appropriate drainage details, the proposed development is unlikely to increase the vulnerability of the site to flooding. The requirement for the applicant to submit a drainage scheme for approval can be secured by condition and would include details in relation to the drainage hierarchy, a drainage layout detailing flow routes, run-off rates during peak rainfall events and discharge rates at 20% betterment than the current site. Compliance with appropriate conditions would ensure that the development would accord with policy EQ8 (Flood Risk and Surface Water). Ecology

The applicant has submitted a bat survey and ecological scoping survey which have been supplemented by further information at the request of the Council’s ecologist, the Merseyside Environmental Advisory Service (MEAS).

The submitted details confirmed that no evidence was found in relation to bat roosting at the site. However trees T10 and T24 which are to be removed may provide limited potential to support a roost and as such should be ‘soft felled’. Soft felling is a method to ensure trees are felled in a manner which is sympathetic to bats. This includes relevant sections of tree being carefully lowered to ground with any cracks or holes facing upwards for at least 24 hours giving any bats still occupying the tree appropriate time to vacate. This would be secured by condition.

Consideration is given to potential impacts on European designated sites and policy NH2 (Nature) of the Local Plan applies. Evidence suggests that the arable land adjacent to the site are used by Pink Footed Geese and while there would be no loss of land, potential exists for disturbance (during demolition and construction) to species which use the land for foraging. The applicant’s ecologist acknowledged the likely effects on breeding birds adjacent to the site and the addendum report sets out measures which can be implemented via a Construction Environmental Management Plan (CEMP). The CEMP can manage and mitigate the main environmental effects during the construction and demolition phases while also providing measures of ecological mitigation. The CEMP would be secured by a suitably worded condition.

Due to the development’s pathways and potential impacts on nearby European designated sites, the proposed development required Habitats Regulations Assessment (HRA) for likely significant effects. The Council’s ecologist has compiled a HRA report and concluded that, subject to compliance with appropriate conditions, there are no likely significant effects to designated sites.

Additional measures in relation to breeding birds and site waste management can also be secured by condition.

The development is not considered to bring harm to designated Local Wildlife Sites or the Nature Improvement Area in the area. In view of the above, the proposal would accord with policy NH2 of the Local Plan.

Trees & Landscaping

The proposed landscaping scheme would provide a pleasant environment when viewed from Scaffold Lane and is acceptable in principle. Alternative tree planting species will however be sought by the imposition of a landscaping condition to ensure they are small seeded species to encourage red squirrel activity and discourage greys. The proposal accords with policies EQ2, EQ9 (Provision of Public Open Space, Strategic Paths and Trees) and NH2 of the Local Plan. Contaminated Land

The application is supported by the relevant contaminated land studies which have not identified any risks to end users from soil contamination or any risks to controlled waters. No remedial works are required with respect to soils. Gas monitoring at the site indicates that no gas protection measures are required. The submitted documents would form approved documents for compliance.

Conclusion

The proposal is not considered to be inappropriate development within the Green Belt and meets the exceptions set out within the National Planning Policy Framework. The applicant has demonstrated that there are no sequentially preferable sites available to meet the requirements of the proposed development and it would not have an impact on the viability of existing centres.

The proposal is not considered to cause any significant harm to the living conditions of occupiers of neighbouring properties and the proposal is of a design that would ensure the visual amenity and character of the area is not diminished. The proposal has been amended to improve the layout in terms of access, egress and vehicular movement so as to ensure highway safety and movement is not compromised.

The proposal complies with relevant policies in the Sefton Local Plan, the National Planning Policy Framework and guidance within the ‘Ensuring a Choice of Travel’ SPD. It is therefore recommended for approval, subject to appropriate conditions. Recommendation - Approve with Conditions

Conditions

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

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.

This shall include but not be limited to the following:

. Methods for the mitigation of noise and vibration from demolition and construction works, and also from the operation of any temporary power generation or pumping plant which will operate overnight. . Methods for dust control and suppression. . Control of transfer of mud out of the site – details of wheel washing facilities including location and type. . The areas for the storage of plant and materials. . Location of site compound, including any loading/unloading areas, turning areas for delivery vehicles and construction staff parking arrangements.

All site works shall then proceed only in accordance with the approved management plan unless otherwise agreed in writing beforehand with the Local Planning Authority.

Reason: In the interests of highway safety and movement and to ensure the amenity of neighbouring occupiers is not significantly impacted on and to comply with policy EQ3 of the Local Plan.

The sustainable drainage system shall be implemented and thereafter, managed and maintained in perpetuity in accordance with the approved details.

The CEMP shall include (but not limited to) information to accord with/provide;

 Demolition and construction activities including piling should be undertaken between 1 April and 31 August in any given year to avoid impacts on overwintering birds. However, if this is not possible  The recommended temporary wildlife barrier fencing should be solid (i.e. wooden acoustic noise reduction fence paneling) and sited on the eastern boundary adjacent to the proposed drive-through café/restaurant and petrol filling station as this adjoins farmland that could be used by qualifying bird features of the European Sites. For the avoidance of doubt the erection of Heras fencing would not be sufficient  Confirmation that a sensitive light scheme would be implemented that would avoid light spill to the adjoining farmland  Dust suppression and noise prevention measures  Careful siting of any compound, construction and waste material areas away from the eastern boundary  A site waste management plan  Measures to protect water voles for works in proximity to the top of the bank to the watercourse to the south/south-east of the site.

6) No above ground development other than that required for the demolition of the existing buildings shall commence until samples of external facing materials to be used for the construction of the approved development have been submitted to and approved in writing by the Local Planning Authority.

The materials approved shall be used in the construction of the development.

Reason: To ensure the satisfactory appearance of the development and to maintain the character and visual amenity of the area and to accord with policy EQ2 of the Local Plan.

Reason: In the interests of highway safety relating to vehicular movements on Scaffold Lane and to comply with policy EQ3 of the Local Plan.

- an amendment to the existing Traffic Regulation Order (TRO) to alter the location of the commencement of the 50mph speed restriction to the A565. The TRO is to be supported by appropriate signage and lineage. The amendment to the TRO will be at the applicant’s expense. b) No part of the development shall be brought into use until the required highway improvement works have been implemented in accordance with the details approved under (a) above.

Reason: In the interests of highway safety on Scaffold Lane.

9) Notwithstanding details illustrated on the approved landscaping plan, no part of the development shall become operational until a scheme detailing the planting of small seeded tree species which encourage red squirrels to the site tree(s) has been submitted to and approved in writing by the local planning authority. The scheme shall include details of their species, size and location.

Suitable species include (but are not limited to) Scots pine, Willow, Rowan, Birch, Hawthorn, Blackthorn, Alder and Holly.

The approved landscaping scheme shall be within the first planting/seeding season following substantial completion of the development.

Reason: To ensure an acceptable visual appearance to the development.

10) If within a period of 5 years from the date of the planting of any tree proposed as part of the landscaping scheme, or any tree planted in replacement of it, is removed, uprooted or destroyed or dies or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted at the same place during the next planting season immediately following the death/removal/destruction of that tree.

Reason: To ensure an acceptable visual appearance to the development.

11) The development shall not be brought in to use until a scheme of proposed boundary treatments has been submitted and approved by the Local Planning Authority. The scheme shall include proposed materials and detailed elevations including the requirement of an acoustic barrier up to an appropriate height to the south east boundary of the site. The acoustic barrier shall be constructed from material with a minimum mass of 10kg/m2 and constructed in such a way as to not have any holes or gaps through, in or under the structure.

The approved scheme must be implemented prior to the development becoming operational.

Reason: In the interests of visual and aural amenity, to protect neighbouring occupiers from significant disturbance by way of noise and to comply with policy EQ2 of the Local Plan.

12) 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 and movement within the site.

13) No part of the development shall become operational 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 boxes shall be installed in accordance with the approved details and timetable.

Reason: To safeguard the conservation of Swallows habitat at the site. 14) No noise generating plant and associated equipment shall be installed and/or operated on site before a scheme to control noise nuisance has been submitted to and approved in writing by the Local Planning Authority.

Any approved scheme shall be implemented prior to the plant becoming operational and noise control measures contained therein retained thereafter.

Reason: To prevent the emission of noise above a level that would be detrimental to the aural amenity of occupiers of neighbouring properties.

15) No kitchen extraction systems shall be installed at the site without first submitting a relevant scheme for written approval from the Local Planning Authority. Any approved scheme shall be implemented before the development becomes operational and retained thereafter.

Reason: To prevent the emission of odours and smells that would be detrimental to the amenity of occupiers of neighbouring properties.

Reason: In the interests of highway safety along Scaffold Lane.

16) Deliveries to the site shall not take place outside the hours of 07:00-22:00.

Reason: In the interests of residential amenity of neighbouring occupiers.

Reason: To protect birds during their breeding season.

18) A method statement is required to show how the presence of Japanese Knotweed within the site would be addressed. The statement shall include the following:

A validation report is to be submitted for approval in writing by the Local Planning Authority confirming the remediation treatment carried out and that the site has been free Japanese Knotweed for 12 consecutive months.

Reason: To prevent the spread of invasive species and to ensure Japanese knotweed is eradicated from the site.

Reason: In the interests of highway safety and to encourage use of sustainable modes of transport to the site.

Reason: to ensure that the proposed improvements are provided within a reasonable timescale.

21) The premises and associated drive-through restaurant shall not be open for business outside the hours of 06:00 and 22:00.

Reason: In the interests of residential amenity.

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

Location Plan, Dwg. No. 1500-1 Proposed Site Plan, Dwg.1500-7e Proposed Landscaping Layout Dwg. 01 Rev B Proposed Bowling Club Elevations, Dwg. 1500-10 Proposed Drive through café/restaurant elevations Proposed PFS Plan and elevations Dwg. 1500-6a Site Elevations Dwg. 1500-8a Tree Constraints Plan Tree Protection Plan Topographical Survey Dwg. EG193/T00 Swept Path Analysis, Dwg. ATR001 Rev A Light Spill Drawing Outdoor lighting Report Transport Assessment, Ref. 661459-3 Noise Assessment Ref. 101712, March 16th 2018 Daytime bat survey and ecological scoping survey, August 2017 Ecological Addendum 29th 2018 Sequential Test Report

Phase I Geo-Environmental Desk Study Issue 2 Phase I Geo-Environmental Assessment Issue 2

Reason: To ensure a satisfactory development.

Informatives

1) Access for fire appliances should comply with Section 55 of the County of Merseyside Act 1980 and with the requirements of Approved Document B5 of the Building Regulations.

Shopping, offices, recreation and tourism

Commercial developments of this type should have a water supply capable of delivering a minimum flow of 20 to 75 litres per second to the development site.

6) Plant and machinery associated with the petrol filling station must conform to the sound levels detailed in Table 7 of Miller Goodhall Noise Assessment, report ref. 101712

9) The applicant will be required to enter into a s278 Highways Act 1980 Legal Agreement to facilitate the works on the adopted public highway and for new sections of footway on the A565 and a section of carriageway entering the site, 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. 10) 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 suitable guidance which is current at the time of its provision.