AGENDA ITEM: 7. PLANNING COMMITTEE 4Th

AGENDA ITEM: 7.

PLANNING COMMITTEE 4th OCTOBER 2012

Report of: Managing Director (Transformation)

Relevant Head of Service: Borough Planner

Contact for further information: Mrs.C.Thomas (Extn. 5134) Planning Control Team Leader (E-mail:[email protected])

SUBJECT: PLANNING APPLICATIONS

Background Papers

In accordance with Section 100D of the Local Government Act 1972 the background papers used in the compilation of reports relating to planning applications are listed within the text of each report and are available for inspection in the Planning Division, except for such documents as contain exempt or confidential information defined in Schedule 12A of the Act.

Equality Impact Assessment

There is no evidence from an initial assessment of an adverse impact on equality in relation to the equality target groups. CONTENT SHEET

Report Ward Appn No Site Location &Recommendation No Proposal 1 Up Holland 2012/0760/COU Crawford Arms 93 Planning Crawford Road permission be Crawford Village Up granted. Holland Lancashire WN8 9QS

Conversion of public house into two dwellings.

2 North Meols 2012/0591/HYB Land To The East Of The decision to The Close Greaves Hall grant planning Avenue Banks permission be Lancashire delegated to the Borough Planner Full application for the in consultation erection of a two storey with the 70 bedroom care home Chairman and with associated Vice Chairman of landscaping, car the Planning parking, amenity and Committee service areas. Erection subject to a of electricity sub-station. planning Outline application for obligation under Mixed use development Section 106 of comprising Doctors' the Town and surgery and pharmacy, Country Planning nursery and specialist Act 1990 being care facility (including entered into. details of access).

3 Newburgh 2012/0784/FUL Blythe Hall Blythe Lane Planning Lathom Ormskirk permission be Lancashire L40 5TY granted.

Erection of gallop rails to previously approved gallop track. 4 Newburgh 2012/0905/ADV The Red Lion 9 Ash Advertisement Brow Newburgh Wigan Consent be Lancashire WN8 7NF refused.

Retention of one illuminated double sided twin post sign to the right of the car park entrance.

5 Knowsley 2012/0628/WL3 Coronation Park Car The decision to Park Park Avenue grant planning Ormskirk Lancashire permission be L39 3LB delegated to the Borough Planner Erection of 4 no. 1 in consultation bedroom flats and with the provision of Chairman and replacement car parking Vice Chairman of facilities (20 spaces). the Planning Committee subject to a planning obligation under Section 106 of the Town and Country Planning Act 1990 being entered into.

6 Hesketh- 2009/0228/COU Hesketh Bank Riding Planning with- Course Dib Road permission be Becconsall Hesketh Bank Preston granted. Lancashire PR4 6XQ

Retention of use of land as clay target shooting facility. 7 Derby 2012/0692/FUL Land Bounded By Ruff Planning Lane And Scarth Hill permission be Lane Edge Hill granted. University St Helens Road Ormskirk Lancashire L39 4QP

Variation of condition no. 2 imposed on planning permission 2011/0504/FUL to vary phasing of development and consequential variation of condition nos. 3, 5, 17, 18, 19, 20, 21, 22, 28, 30 and 31. Variation of condition nos.14 (car parking management strategy) and 27 (use of new access) imposed on planning permission 2011/0504/FUL.

8 Aughton And 2012/0780/FUL Gerard Hall Prescot Planning Downholland Road Aughton Ormskirk permission be Lancashire L39 6TA granted.

Temporary siting of a 50m high meteorological mast. No.1 APPLICATION NO. 2012/0760/COU LOCATION Crawford Arms 93 Crawford Road Crawford Village Up Holland Lancashire WN8 9QS PROPOSAL Conversion of public house into two dwellings. APPLICANT BAB Construction WARD Up Holland PARISH Up Holland TARGET DATE 4th September 2012

1.0 PREVIOUS RELEVANT DECISIONS

2.1 2012/0228/COU REFUSED Conversion of public house into two residential dwellings and erection of detached garages to rear.

2.0 CONSULTEE RESPONSES

2.1 LCC HIGHWAYS (6/8/12) – No objection. There is an overall improvement to the adjacent highway network subject to conditions being attached.

2.2 ENVIRONMENTAL PROTECTION MANAGER (3/8/12) – No objections.

3.0 OTHER REPRESENTATIONS

3.1 I have received one neighbour representation making the following comments:

- Widespread discontent in the village about the proposed conversion; - Social hub in the village and attracts people from wider areas; - Would have a major impact upon the social environment of the village.

4.0 SUPPORTING INFORMATION

4.1 The following documents have been submitted in support of the application:

- Planning, Design and Access Statement - Public House Viability Assessment

5.0 RELEVANT PLANNING POLICIES

5.1 National Planning Policy Framework (NPPF), the West Lancashire Replacement Local Plan (WLRLP) and the West Lancashire Local Plan Publication Document (WLLPPD) provide the policy framework against which the development proposals will be assessed. The site comprises of a Public House located within the Rural Settlement Area of Crawford Village. The following polices are therefore relevant:

NPPF Supporting a prosperous rural economy Delivering a wide choice of quality homes Requiring good design Promoting healthy communities

West Lancashire Replacement Local Plan GD1 – Design of Development DE1 – Residential Development DE10 – Retail and Other Town Centre Development

6.0 OBSERVATIONS OF BOROUGH PLANNER

Site Description

6.1 The Crawford Arms Public House is located on the southern side of Crawford Road, within a row of residential properties. There is a large car park to the rear of the site, with access adjacent the eastern gable, off Crawford Road. The first floor of the pub provides residential accommodation. The site lies within the Rural Settlement of Crawford.

The Proposal

6.2 The application seeks planning permission for the change of use of the pub to 2 residential units. Each unit will comprise 2 bedrooms. Alterations will be made to the fenestration, including the insertion of 2 doors on the front elevation to create separate entrances to each unit.

6.3 This application has been submitted after the refusal of planning permission 2012/0228/COU for the conversion of the public house into two residential dwellings and the erection of detached garages to rear. This was refused for the following reasons: 1. The proposed development would conflict with Policy DE1 of the West Lancashire Replacement Local Plan and the Council's Interim Housing Policy in that the site is not located within an area designated for market housing.

2. The proposed development conflicts with Policy DE10 of the West Lancashire Replacement Local Plan in that no supporting information has been submitted that demonstrates that the current use of the site as a pub is unviable, adequate alternative provision exists within the nearby area and that loss of a community facility would not adversely affect the vitality of Crawford Village.

3. The proposed development would conflict with Policy GD1 of the West Lancashire Replacement Local Plan in that the proposed off-road car parking spaces are insufficient in size to accommodate a vehicle and the proposed access is sub-standard.

4. The proposed development would conflict with Policy GD1 of the West Lancashire Replacement Local Plan and the SPD Design Guide in that insufficient private outdoor amenity space has been provided.

5. The proposed development would conflict with Policy GD1 of the West Lancashire Replacement Local Plan in that the proximity of the proposed garage would create a poor outlook and would appear overbearing when using the ground floor rear rooms of the property and the adjacent garden area.

An appeal has now been lodged against this refusal.

Principle of Development

6.4 Since the refusal of planning application 2012/0228/COU, there has been a material change in the policy situation in West Lancashire, namely the Publication of the emerging West Lancashire Local Plan (WLLP). The ‘principle’ of the development needs an updated assessment in terms of the current policy situation.

Residential Development

6.5 The proposals are contrary to WLRLP Policy DE1 and the Interim Housing Policy, as per the first reason for refusal of 2012/0228/COU quoted above. However, in the West Lancashire Local Plan Publication Document (WLLPPD), in terms of housing policy, Policy RS1 Residential Development would allow, in principle, the creation of two new market housing units in Crawford.

6.6 Under the NPPF (paragraphs 49, 215 and 216), the WLLPPD policy (which is in line with the NPPF) carries more weight than the WLRLP Policy DE10 and the Interim Housing Policy which are to be considered out of date. Therefore, under the current planning policy framework, the creation of two residential units is considered acceptable. Loss of Community Facility

6.7 Policy DE10 (part 6) of the adopted WLRLP relates to the loss of facilities such as public houses in villages. In order for the proposals to be judged consistent with this policy, it must be demonstrated that three criteria are satisfied:

(i) The proposals would not adversely affect the vitality and viability of a centre; (ii) It can be demonstrated that adequate alternative provision exists, and; (iii) It can be demonstrated that there is no longer any demand for a public house in the area. 6.8 Policy DE10.6 is considered to be in line with the NPPF which advocates ‘the retention and development of local services and community facilities in villages, such as local shops, meeting places, sports venues, cultural buildings, public houses and places of worship’ (paragraph 28). Paragraph 70 further echoes this stating that decisions should ‘guard against the unnecessary loss of valued facilities and services, particularly where this would reduce the community’s ability to meet its day-to-day needs’. Policy DE10 can thus continue to be given weight (NPPF paragraph 215).

6.9 Policy GN4 Demonstrating Viability of the West Lancashire Local Plan Publication Document (WLLPPD) requires that a Viability Statement should be provided to support such proposals which provides proof of marketing and to demonstrate there is no realistic prospect of retaining or re-using the site in its current uses. The period for marketing for commercial properties is 18 months. Policy IF3 Service Accessibility and Infrastructure for Growth states that ‘The loss of any community facilities such as (but not limited to) pubs, post offices, community centres and open space will be resisted unless it can be demonstrated that the facility is no longer needed, or can be relocated elsewhere that is equally accessible by the community’.

Loss of the Public House

6.10 The above policies make it clear that the conversion of essential facilities within communities will not be permitted unless it would not adversely affect the vitality and viability of the area, it can be demonstrated that adequate alternative provision exists and it can be demonstrated that there is no longer any demand for the pub within the area.

6.11 In support of this application a Viability Assessment has been submitted by the applicant. The CAMRA Public House Viability Test has been adopted which is designed to provide an objective means of assessing whether a public house is unviable because the area is ‘over-pubbed’, the premises too small, or the catchment area not large enough. The assessment includes the following considerations: 1. Trade potential 2. Competition case studies 3. The business at present 4. The sale 6.12 The Viability document states that: - The village has a small population of 300 and a small catchment area; - The village community centre is the main focus for community groups; - There are 14 pubs within a 3 mile radius, the nearest being the Lancashire Manor Hotel 1.6 miles away. - Different management techniques have been tried including serving food; - Public transport is limited; - A mixed use would be economically unviable; - The pub closed in 2010 and has been on the market since February 2011. Prior to its marketing it was refurbished and a new landlord appointed but within a short space of time the business failed. - Prior to the tenant leaving in December 2010, starting in October 2010 Jeremy Rubin & Co undertook targeted marketing utilising their database of national and regional pub companies, targeting potential pub purchasers. This continued until the sale. When the initial targeted marketing at pub purchasers elicited no interest, the range of marketing was widened to include retailers, which generated no interest. A for sale board was put up on the site in February 2011 and it was also advertised on the Jeremy Rubin website from this time onwards. - The only sector to express interest in the pub was from residential developers. The original asking price was £350,000 and was initially reduced to £295,000, then to £225,000 and was finally sold for £180,000. 6.13 Whilst Crawford Village has limited community facilities, there is a village meeting room which serves the community. I am therefore satisfied that the proposals will not affect the vitality or viability of the village. I am also satisfied that there is no longer a viable demand for a pub in the village as demonstrated in the longstanding failure of the pub and the fruitless marketing exercise carried out over a period of 18 months. However, in terms of alternative provision, the nearest alternative is 1.6m away which for most people would warrant a car journey. The relevant policies would therefore normally warrant a refusal on these grounds. However, the reality is that this is a pub that has been failing for a number of years. Its bread and butter earnings are reliant on the community it serves. However, that community is small and insufficient to support a profitable pub in the current economic climate. I consider it to be unrealistic that a buyer would invest in a failing pub in this location – Crawford being essentially a commuter hub with limited passing trade. Therefore, taking all the above into consideration, it is my view that the conversion of the pub to residential is an acceptable solution for this premises. Highway Safety and Car Parking

6.14 Reason for refusal no. 3 on the previous application related to insufficient off-road car parking for the residential units and the proposed access being sub-standard. Amendments have been made to address these objections. Two car parking spaces have been provided to the rear and the access road has been widened to 6m. The County Highways Surveyor is satisfied that this reason for refusal has now been overcome by the revisions.

Design and Layout

6.15 Reason for refusal no. 4 related to insufficient outdoor amenity space. The units have now been reduced down to 2 beds and the rear garden areas increased to an adequate size 5.1m wide x 6m. Reason for refusal no. 5 on the previous application concerned the previously proposed garages and their proximity to the rear elevation creating a poor outlook for the future occupants. The garages have now been removed from the scheme and I am satisfied that both reason for refusal no. 4 and 5 have been overcome. Finally, the alterations to the pub are acceptable in design terms.

Residential Amenity

6.16 The Pub is attached to no. 95 Crawford Road. In terms of impact upon residential amenity I consider that the use of the building as a pub is likely to have given rise to more noise, disturbance etc. than the proposed residential units. Consequently, it is my view that the proposal should not detrimentally impact upon the residential amenity of the neighbouring properties and is therefore compliant with Policy GD1.

Summary

6.17 On balance, it is my view that the application has been supported with sufficient evidence to justify the pub’s closure and its conversion to residential use. The design and site layout are also acceptable. The proposal therefore accords with Policies GD1 of the West Lancashire Replacement Local Plan and GN1, GN3, GN4, RS1 and IF3 of the West Lancashire Local Plan Publication Document.

7.0 RECOMMENDATION

7.1 That planning permission be GRANTED subject to the following conditions:

Conditions

1. The development must be begun not later than the expiration of three years beginning with the date of this permission. 2. The development hereby approved shall be carried out in accordance with details shown on the following plans:- Plan reference Page 1 of 3, 2 of 3 and 3 of 3 received by the Local Planning Authority on 10th July 2012. 3. Notwithstanding the submitted plans, the new wall on the highway frontage of the site to Crawford Road shall not exceed 0.9m above the crown level of the carriageway of Crawford Road. 4. The widening of the access with new radius shall be constructed in accordance with a scheme which shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented prior to the occupation of the dwellings. 5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development (Amendment) (No.2) (England) Order 2008 or any subsequent Orders or statutory provision re-enacting the provisions of these Orders no garages, extensions, alterations, porches, garden sheds, out buildings, greenhouses, swimming pools, hardstandings or means of enclosure shall be erected or undertaken without the express written permission of the Local Planning Authority. 6. The car parking spaces as shown on plan reference 3 of 3 shall be provided prior to occupation of the dwellings and shall be kept permanently available for the parking of motor vehicles.

Reasons

1. The Local Planning Authority has considered the proposed development in the context of the Development Plan including in particular the following Policy/Policies in the West Lancashire Replacement Local Plan & the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document:

GD1 - Design of Development DE1 - Residential Development DE10 - Retail and Other Town Centre Development

Policy GN1 - Settlement Boundaries Policy GN3 - Criteria for Sustainable Development Policy GN4 - Demonstrating Viability Policy RS1 - Residential Development Policy IF3 - Service Accessibility and Infrastructure

No.2 APPLICATION NO. 2012/0591/HYB LOCATION Land To The East Of The Close Greaves Hall Avenue Banks Lancashire PROPOSAL Full application for the erection of a two storey 70 bedroom care home with associated landscaping, car parking, amenity and service areas. Erection of electricity sub-station. Outline application for Mixed use development comprising Doctors' surgery and pharmacy, nursery and specialist care facility (including details of access). APPLICANT GJP Southport Ltd & WS Lamm & Co Investments Ltd WARD North Meols PARISH North Meols TARGET DATE 6th September 2012

1.0 PREVIOUS RELEVANT DECISIONS

1.1 2003/0518 GRANTED (09.09.2004) Erection of 2 storey building and development of site for Class C2 purposes (i.e. residential school, college, hospital, nursing home or other residential institution). 2.0 OBSERVATIONS OF CONSULTEES

2.1 ENVIRONMENT AGENCY (06.07.12) - no objection in principle to the proposed development but wish to make the following comments:-

The site is located within Flood Zone 2, finished floor levels of the building will be set at 3.55 metres Above Ordnance Datum, above the predicted flood level for the site caused by a breach analysis and above the 1 in 100 year fluvial flood levels for the area. Provided the mitigation measures outlined in Section 9 of the FRA are implemented, we are satisfied the proposed development would not be at an unacceptable risk of flooding.

Surface water run-off should be controlled as near to its source as possible through a sustainable drainage approach to surface water management.

Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking/servicing areas should be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained.

2.2 UNITED UTILITIES (18.07.12) – note that public sewers cross the site which will be subject to a 6 metre easement. No objection to the proposal provided that the following condition is met:

This site must be drained on a separate system, with only foul drainage connected into the foul sewer. Surface water should discharge to the culverted watercourse nearby the site to meet the requirements of The National Planning Policy Framework

2.3 ENVIRONMENTAL PROTECTION MANAGER (13.07.12) – requests conditions:

The specification of the electricity sub station shall be constructed and installed so that it will not cause low frequency noise, which is audible at nearby residential properties.

The installation of exterior lighting shall not impede or cause glare to residential properties.

2.4 LANCASHIRE COUNTY COUNCIL (HIGHWAYS) (20.07.12) – no overriding highway objection.

It is calculated that the proposed development will result in relatively minor increase in new traffic flows (over and above the extant development approved in 2004), and it is unlikely the proposed development will have any significant additional material impact on the capacity of the local highway network. Car parking provision and site layout are considered acceptable and should be to an adoptable standard.

Planning obligations in respect to highway works and Travel Plan contribution are requested.

2.5 LANCASHIRE COUNTY COUNCIL (ECOLOGY) (31.08.12) – concern that recommendations of the ecological assessment have not been addressed or that the development proposals are capable of providing sufficient opportunity for compensatory habitat.

Additional survey work is required in respect of bats. Trees shown for removal may have roost potential. If a presence is found the works may require a licence from Natural England. If the Council consider such a licence is unlikely to be granted then planning permission should be refused.

Detailed mitigation proposals are required to demonstrate no net loss of biodiversity.

3.0 OTHER REPRESENTATIONS

3.1 11 letters from nearby residents objecting on the following grounds:

No need in locality - care homes elsewhere closing down Two local surgeries and chemists in the area adding more will disadvantage established surgeries/chemists Previously developed site (Greaves Hall) should be developed first Inadequacy of local services to accommodate such an extensive development Insufficient infrastructure in Banks Episodes of sewage flooding in locality Electrical power cuts Low water pressure– will exacerbate the situation Critical that surface water and sewerage are dealt with comprehensively Site liable to flooding – development could exacerbate flooding elsewhere

A full road safety audit should be carried out with review of traffic calming measures, signalling etc. Exacerbate congestion in the locality – significant traffic at school times and visitors to leisure centre Existing uses result in on-street overspill parking Danger to school children using route to school/leisure centre Street lighting along Greaves Hall Ave should be installed Doctors surgery, pharmacy and nursery will attract significant traffic

Area is of outstanding beauty Land better used as a wildlife area Impact on wildlife Loss of open countryside and woodland and the inevitable impact this will have on the environment and local wildlife Unspecified use – could be ex-offenders/vulnerable adults Noise from traffic Noise (traffic at all times of day) Loss of privacy Loss of light Development conflicts with quiet neighbourhood General disturbance Lack of any police presence is already a problem, with youths and villains regularly visiting the sport centre causing disturbance to the residences - development will add to the problem. The construction traffic damage to the road surfaces, surrounding properties

4.0 RELEVANT PLANNING POLICIES

4.1 The National Planning Policy Framework (NPPF) (including Technical Guidance to the NPPF), the West Lancashire Replacement Local Plan (WLRLP) and the West Lancashire Local Plan (2012-2027) – Publication document (emerging plan) provide the policy framework against which the development will be assessed.

4.2 The site is allocated as DS3 – Safeguarded Land in the WLRLP

4.3 Relevant West Lancashire Replacement Local Plan (WLRLP) policies:

DS3 – Safeguarded Land DE5 – Employment Development EN1 – Biodiversity EN9 – Protecting Trees and Woodlands SC4 – Educational Facilities SC5 – Health Facilities GD1 – Design of Development GD2 – Developer Contributions to Infrastructure

4.4 The site is allocated as EC2 – The Rural Economy in the emerging plan.

Relevant West Lancashire Local Plan - Publication policies:

EC2 – The Rural Economy GN1 – Settlement Boundaries EN2 – Preserving and Enhancing West Lancashire’s Natural Environment GN3 – Criteria for Sustainable Development RS2 – Affordable and Specialist Housing IF3 – Service Accessibility and Infrastructure for Growth

4.5 Additionally, the following supplementary planning guidance is material to the case: SPD – Design Guide (Jan 2008) 5.0 OBSERVATIONS OF BOROUGH PLANNER

The Site

5.1 The site of approx. 1.7 Ha. is located to the south of Greaves Hall Avenue. The site is bordered by residential development to the east and west. To the north lies open pasture, to the south is the A565 Southport New Road dual carriageway with open agricultural land beyond. These boundaries have established mature tree belts. The site is predominantly to grass scrub but features some individual mature trees and areas of establishing early pioneer growth. A small depression within the site includes a wet area. The trees on and surrounding the site are subject to protection under Tree Preservation Orders. Vehicular access is from Greaves Hall Avenue.

5.2 The site is within a Flood Zone 2 area of flood risk. The site benefits from the extant planning permission for a C2 uses building, referred to above, by virtue of implementation of part of an access road off Greaves Hall Avenue.

Proposals

5.3 The application takes the form of a hybrid application combining both full and outline elements. Full planning permission is sought for a 2 storey 70 bed care home located to the north-eastern part of the site including associated amenity areas, landscaping, car parking, service areas and sub-station. Additionally, outline permission is sought for a mixed use development possibly including a combined health facility (D1), a children’s day nursery (D1) and a specialist care facility (C2). Details of means of access are provided with all other matters reserved for the outline part of the proposals.

5.4 The care home has a roughly crescent shaped floor plan made up of three wings, the central element providing the main entrance, offices, communal areas, dayspace, café, hairdressers and training/cinema area; the wings either side providing bedroom accommodation in addition to kitchen, plantroom, laundry, binstore and staff rooms. The building shows gable construction finished in facing brick with contrasting brick and artstone detailing, with a slate coloured roof tile over. The building has an overall height of approx. 9.6 metres. The building is proposed on a parcel of land of about 7,500 m2 taking up the north-eastern part of the site. The sub-station measures approx. 4.2 x 3.7 x 4.3(h) metres in matching materials and is shown located to the north-western corner of the full application site close to the access road.

5.5 The semi-enclosed space to the front of the building provides landscaped parking for up to 30 vehicles, vehicle turning areas and pedestrian access. On the outward looking elevations of the building are communal garden areas with pathways, hardstandings, lawns and landscaped areas. The garden areas will be secured on their outer edge by the erection of 1.8 metre high panel fencing combined with hedge and tree planting. 5.6 The area subject of the outline proposals is of approx. 10,200 m2 taking up the land behind (north of) the tree belt to Southport New Road (A565), land immediately east of the close – a residential cul-de-sac, and south of the tree belt to the southern side of Greaves Hall Avenue. Access to the site is proposed via the existing part constructed roadway through the tree belt on the southern side of Greaves Hall Avenue. The indicative layout of the three outline buildings shows a continuation of the access road on the north-south axis with landscaped parking areas lying centrally with the built form close to the site peripheries. It is envisaged that two buildings to the west of the site would be single storey buildings and the specialist care unit to the south a two storey building.

Principle of Development

5.7 The site was previously allocated for development as an institutional/health use as part of the Council’s desire to see the comprehensive redevelopment of the former Greaves Hall site including a mix of housing, employment and community uses. Since the allocation under the previous Local Plan, that wider area has been substantially developed, primarily for residential uses, leaving an area of about 2.1 Ha. to the north-east of Greaves Hall Avenue and south of Aveling Drive allocated as Employment Land under Policy DE5 of the WLRLP and the subject site as DS3 Safeguarded Land. Policy DS3 states that the site will be suitable for ‘employment development for light industrial or office uses….on completion of the Greaves Hall Business Park’ allocated under Policy DE5. It is also material to consider the extant permission on the site as detailed above.

5.8 The application is submitted without reference to the DE5 (Greaves Hall) site, other than it is confirmed to be in the same ownership i.e. there are no current proposals on that site. Under the terms of the current WLRLP the Council has previously sought development proposals to be submitted in tandem with or after the development of the DE5 site for employment uses. Given this position the proposals for the development of the safeguarded site would appear to be premature as the DE5 land has not come forward as specified in the policy.

5.9 However, it is material to consider that a further shift is incorporated through the emerging plan Publication Document which allocates the site as within the settlement boundary for the purposes of rural employment and relinquishes any sequential constraints. This shift expects to see the development of the site for employment purposes within the emerging plan timeframe (to 2027). The revised policy proposal has not received any significant objections through the consultation processes in formulating the new plan and can therefore be attributed considerable weight.

5.10 In defining ‘employment’ it is acknowledged that opportunities in the rural areas of the Borough are limited and that all types of employment uses should be protected – not merely traditional B1, B2 and B8 class uses relating to light and heavy industries and warehousing and distribution. In acknowledging this, wider opportunities for rural employment are promoted; in this instance the applicant has provided a current market assessment relating to demand for more traditional employment facilities and demonstrates that these are unlikely to be successful in this secluded location and would remain unlikely to be a viable proposition through the term of the plan. In the alternative, the proposed uses are generally high employment generators. It is envisaged that the care home facility will generate the equivalent of up to 60 full time jobs; the children’s nursery (up to 100 children) 35 jobs; specialist care facility 70 jobs; and GP surgery 20 jobs. It is also notable that limited traditional employment facilities currently exist on the DE5 site to the north suggesting this might be better placed to accommodate such uses.

5.11 The emerging policy is consistent with the provisions of the NPPF which seeks to back sustainable forms of development with consideration to economic, social and environmental dimensions. The development of this site and the area to the north-east are considered important in enhancing the status of Banks as a sustainable settlement with an improved balance between residential and commercial land uses. This aim is reflected in the emerging plan’s Sustainability Assessment and Strategic Flood Risk Assessment.

5.12 The introduction of community health and educational services in this locality is consistent with Policies SC4 and SC5 in the WLRLP and IF3 in the emerging plan Publication Document which, along with the leisure centre, primary school and service station forms a ‘community hub’ of facilities lying close to bus routes on the A565 and Guinea Hall Lane. Some concern exists over the potential formation of a ‘two centre’ settlement

5.13 In terms of the principle of development relating to flood risk, the zone 2 location means that all the proposed ‘more vulnerable’ uses (as defined by the Environment Agency) are subject to a sequential and exceptions test under the terms of the NPPF and NPPF Technical Guidance. This exercise has been substantially carried out at the strategic planning level providing justification for the site allocation in terms of both tests. However, in order to fully meet the exceptions test a full hydraulic site specific flood risk assessment (FRA) was required to demonstrate the site development minimises the occupancy and development risk. The submitted FRA achieves this to the satisfaction of the Environment Agency and, subject to setting minimum floor level heights and incorporating sustainable drainage measures is considered acceptable in this respect.

5.14 The emerging Local Plan assessment of the site finds it is a sustainable location being within the Banks village settlement boundary. In the context of the comments made above in respect of appropriate employment generating uses in rural areas the harm from providing this specific type of housing (care facility for elderly people) in this locality is questionable. The site is bordered by residential development to the east and west, lies close to village services and addresses one of the identified housing needs specified in Policy RS1. Part e of that Policy states Development proposals for accommodation designed specifically to the elderly will be encouraged within settlements, provided they are accessible by public transport or within reasonable walking distance of community facilities such as shops, medical services and public open space. In this context, I conclude that the benefits of the scheme in delivering housing specifically for the elderly and generating relatively high employment prospects will achieve the aims of the NPPF and emerging policies without significant harm to the strategic aspirations of the emerging plan.

5.15 In summary, given the emerging plan is gathering weight as a material consideration, that the site benefits from an extant planning permission for a large two storey building for Class C2 use purposes (residential school, college, hospital, nursing home or other residential institution), that the proposals seek to deliver high employment generating uses, a housing type now specifically sought, enhancement of the hub of services, and that the site has been demonstrated to be deliverable without undue risk to the buildings and occupants from flooding, I consider that the proposals are acceptable in principle.

Siting, Layout and Design

5.16 The combined layout of the site shows a workable distribution of the buildings that achieves suitable interface distances with existing surrounding development. The layout shows a single point of access and estate road with 2 metre wide footway that serve the individual elements. Parking is generally set out the front of the buildings on approach which has the potential to dominate the scheme, however, subject to establishment of high class landscaping I consider the overall approach will deliver a quality scheme which draws on the green setting of the site.

5.17 The detail provided in respect of the elderly care home shows a comprehensive and efficient layout providing up to 70 beds with open green outlook. The layout provides suitable servicing and parking at an appropriate level with 30 spaces being shown. The scheme provides secure formally laid out garden areas for the enjoyment of the occupants.

5.18 Whilst the building scale is not insignificant it shows reduced bulk in comparison with the extant more imposing scheme and a height that is commensurate with nearby development and site context. The scale of the site and proposed space about the building will ensure it is not over-dominant in its setting. The form of the building in conjunction with projecting gable bays, contrasting materials and secondary minor bay detail ensure the scale and bulk is suitably broken up to avoid a proposal that is visually overbearing.

5.19 The design utilises traditional forms and materials and subsequently relates well to the setting.

5.20 The location, scale and design of the sub-station are considered acceptable. Impact on Surrounding Land Uses

5.21 The outline layout shows minimum distances between the indicative siting of the buildings and dwellings on The Close of 20 metres. Where elevations are directly opposite each other this distance increases to 21.5 metres which, for the closest single storey developments is considered acceptable in terms of any potential loss of privacy / overlooking. The two storey specialist care unit, shown at the southern extent of the site lies some 60 metres from the nearest existing residential properties.

5.22 The proposed detailed care home lies a minimum of 54 metres from the nearest residential property; this is significantly over the 21 metres advocated for residential developments both in terms of privacy, outlook and light protection. The use of the building is of a residential nature and therefore no noise nuisance is anticipated. On that basis I am satisfied that the proposed care home development will not have any direct significant detrimental impact on the residential amenity in the vicinity. In terms of the other proposed uses these, in combination with the care home, will inevitably see a significant potential intensification in activity in the vicinity over the existing incidental site use. However, given the distances to nearby properties from the main activity areas and subject to appropriate boundary treatments I consider the proposals are unlikely to give rise to any significant amenity concerns. The main impacts are likely to stem from the use of the car park areas and any outdoor playspace associated with the children’s’ nursery use. The outdoor space associated with the nursery is shown to the north of that building ensuring no common boundary with the residential properties of The Close. Whilst the outdoor use of the play space and car parks may be audible at those properties those uses will substantially be during normal weekday working hours and will not significantly impose on times when one might seek quiet enjoyment of garden areas and dwellings. The specialist care unit is sited at significantly greater distance whereby its continuous use will be ameliorated.

5.23 In summary, I am satisfied that the proposed uses and associated buildings, car parking and servicing will not have any significant direct impact on the surrounding residential properties, or other land uses, and are therefore acceptable in this respect.

Highways and Parking

5.24 The County Surveyor has assessed the highway implications of the proposed development. A traffic assessment was carried out by the applicant suggesting the development is likely to result in a total of 1010 daily trips and 98 and 87 peak am and pm trips respectively. For clarity, this represents an increase of 275 daily trips and 36 and 28 peak am and pm trips respectively over the accepted extant scheme. This is a relatively minor increase in traffic flows (over the approved scheme) and is equivalent to an additional increase of approximately 1 vehicle every 2 minutes. Additionally, the applicant has shown that the previously demonstrated junction capacities in the vicinity of the site have sufficient residual capacity to accommodate the increased flows. It is concluded that it is unlikely the proposed development will have any significant additional material impact on the capacity of the local highway network.

5.25 Parking at the care home is proposed at 30 spaces, this is over the recommended 1 space per 5 beds, however, allowance has been made for the generally large scale of the development, relatively infrequent alternative public transport services, and, with particular reference to the likely high staffing levels. In respect of the outline proposals indicative parking suggests 16 spaces for the specialist unit, 30 for the surgery and 21 for the nursery although it is noted the latter uses utilise combined parking. This is considered acceptable.

Trees and Biodiversity

5.26 A survey of the site and surrounding tree belts has been undertaken by the applicant. The proposed development will result in the loss of a number of trees within the site; however, it is proposed to retain the existing tree belts immediately to the north and south of the site which are thought to be within WLBC ownership. The value of the trees shown for removal has been assessed and it is concluded their loss will not result in any significant loss of visual or other amenity – primarily as the site benefits from the surrounding tree belts and is consequently substantially visually self contained. The proposals are considered acceptable subject to replacement tree planting in order to accord with Policies EN1 and EN9 in the WLRLP and EN2 in the emerging plan Publication Document. This requirement is substantially limited to the outline part of the site.

5.27 Some concern exists in respect of the subsequent ability to provide a soft edge between any development on the western (outline) side of the site and the rear of properties on The Close due to the presence of a sewer and associated easement. However, as the indicative plans shows single storey development in this vicinity with suitable separation distances it is demonstrated that a suitable relationship between the buildings can be achieved and there should be little requirement for screen planting here.

5.28 The applicant submitted an ecological assessment of the site including the results of an extended ‘Phase 1’ habitat survey. Having reviewed the submitted information it is apparent that the site has biodiversity value which, in accordance with Policy EN1 in the WLRLP and EN2 in the emerging local plan, will require mitigation for any losses. Initial submissions did not fully assess the site’s potential for providing bat roost potential nor sufficiently demonstrate that the habitat losses identified could be offset or fully mitigated. Since that original assessment further survey work has taken place and additional information provided seeking to address the County Ecologists concerns. The additional information is submitted in two parts – one addressing the full permission site, one relating to the outline area. 5.29 In respect of the full permission site the proposed landscaping has been redesigned to be ecologically focussed. This includes the provision of a pond area situated centrally in the site and establishment of a linear boundary in the form of new hedging with intermittent tree planting to aid bat movements across the site. It is accepted that the loss of parts of the rough grassed area on the site will result in a loss of foraging area for barn owls. It is therefore proposed that suitable habitat formation be secured off-site through financial obligation.

5.30 In respect of the outline area of the site, additional surveys have identified that some Bat roost potential lies within one tree on the site, although no presence was witnessed or confirmed. Given the outline nature of the proposals here, I intend to seek the continued protection of that tree and a requirement to submit updated survey information to inform whether there is a need to retain the tree on ecological grounds in any final layout submitted at the reserved matters stage. Additionally, any losses resulting from the development of that site will be expected to be mitigated on the site, or, if not possible, through the off-site approach.

5.31 At the time of writing no feedback from the County Ecologist is available. If this cannot be made available to report to the Committee I propose to seek delegated authority in conjunction with the Chair of the Planning Committee, to pursue this aspect of the proposals further. Should no significant objections be raised by the Lancashire County Council Ecologist then (all other matters agreed) I propose a permission be issued with any requisite conditions added in agreement with the Ecologist’s office. This may include on-site requirements and/or payment of a commuted sum for off-site habitat creation or improvement in the locality, and any associated maintenance requirement.

Drainage

5.32 The proposed development is to be drained on separate systems with only the foul water being connected to the existing foul sewer. United Utilities have raised no objections to the foul connection. Surface water from the building and car park areas will flow to the existing surface water sewer ultimately feeding into Sluice Watercourse 122 via Greaves Hall Watercourse. Water from other hard surfaces will be directed to ground within the site. As the site is currently undeveloped it is estimated that it will have a greenfield runoff rate of between 3.5 to 8.3 litres per second during a range of rainfall events. The applicant has proposed attenuation to the surface water flow to achieve a maximum flow of 5 litres per second to reflect the greenfield rate and provide a sustainable system in terms of management and maintenance for the lifetime of the development. Measures to increase infiltration on the site are not considered viable due to clay layers close to the site surface. The drainage proposals for the site are considered acceptable. Planning Obligations

5.33 As part of the submissions the applicant has offered a Section 106 contribution of £10,000 towards implementation of yellow lines at the junction with Greaves Hall Avenue to provide junction protection and secure sightlines against on-street parking. This level of contribution is deemed reasonable for the purpose in mind.

5.34 As described above, any identified shortfall in compensatory habitat provision on the development site will be addressed through a requirement to provide an alternative off-site facility of equal or better biodiversity value.

Summary

5.35 In summary, I consider the development of a residential care home (C2) alongside outline proposals for C2 (specialist care facility) and D1 (health and nursery) uses meets the requirements of the NPPF and Policy EC2 in the West Lancashire Local Plan Publication Document providing a suitable and sustainable development showing a balance between the economic, social and environmental benefits to the locality. These more recent policy approaches to the site provide sufficient justification to depart from the existing provision in the West Lancashire Replacement Local Plan.

5.36 The proposed detailed application and indicative outline proposals show a suitable form of development in the locality which incorporates compatible land uses to the surrounding residential and community uses. It is not envisaged the proposals will adversely impact on highway capacity or safety in the vicinity or adversely impact on other existing infrastructure.

6.0 DEPARTURE

6.1 The development does not constitute a departure application requiring referral to the Secretary of State under the terms of The Town and Country Planning (Consultation) (England) Direction 2009.

7.0 RECOMMENDATION

7.1 That the decision to grant full and outline planning permission be DELEGATED to the Borough Planner in consultation with the Chairman and Vice Chairman of the Planning Committee subject to no significant objection being raised by the County Ecologist and the Developer entering into a S.106 obligation requiring: The payment of £10,000 for highway alterations on Greaves Hall Lane in the immediate vicinity of the site. The provision of land and/or the payment of a commuted sum to provide habitat creation or enhancement in mitigation of any indentified shortfall on the development site in accordance with the requirements of Policy EN1 in the WLRLP; EN2 in the emerging Local Plan; and the NPPF.

Conditions in relation to the Full Application:

1. The development must be begun not later than the expiration of three years beginning with the date of this permission. 2. The development hereby approved shall be carried out in accordance with details shown on the following plans:- Plan references 11-153-104 Rev A, 111, 122 Rev B, 4203.03 Rev C and UU A2 006/02i received by the Local Planning Authority on 25 May 2012; 11-153-120 Rev D and 121 Rev D received on 7 June 2012; 11-153-150 Rev C and 151 Rev C received on 17 September 2012; and, 11-153-103 Rev F and 110 Rev F received on 19 September 2012. 3. The premises shall be used for an elderly persons care home and for no other purpose (including any other purpose in Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order). 4. No development shall take place until full details and samples of the external brickwork and roofing materials have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 5. No development shall take place until a scheme for the foul and surface water drainage of the development, including attenuation measures and oil interceptor details, have been submitted to the Local Planning Authority and fully agreed with the relevant statutory body/bodies, and until written evidence of that agreement has been provided to and acknowledged in writing as acceptable by the Local Planning Authority. Thereafter the development shall be drained in accordance with the approved details. 6. The development shall be implemented in strict accordance with the details of levels, including the minimum finished floor levels of 3.55 metres Above Ordnance Datum, as indicated on the approved plan reference 11-153-110 Rev. F received by the Local Planning Authority on 19 September 2012. 7. Within 9 months from the date when any part of the development hereby approved is first brought into use the approved landscaping scheme shown on plan reference 4203.03 Rev. F, received by the Local Planning Authority on 17 September 2012 shall be carried out. All trees and shrubs planted shall comply with BS. 3936 (Specification of Nursery Stock) and shall be planted in accordance with BS. 4428 (General Landscape Operations). All planting shall be maintained in accordance with the submitted scheme and dead or dying material shall be replaced for a period of seven years from the agreed date of planting. 8. No works shall take place until the trees shown for retention have all been protected with stout fencing constructed to BS5837:2012 in accordance with the detail shown on plan reference 4203.05 Rev. B received by the Local Planning Authority on 19 September 2012. Such fencing shall remain and be adequately maintained for the duration of the development operations. Within the protected areas no development operations may take place including the storage or dumping of materials or plant, the lighting of fires, the siting of temporary huts or the raising or lowering of ground levels. All dead or damaged existing trees specified for retention shall be replaced with trees of such size and species approved in writing by the Local Planning Authority. 9. Before the development is brought into use those parts of the site to be used by vehicles shall be laid out, drained and surfaced in a manner to be previously approved in writing by the Local Planning Authority and shall thereafter be maintained. 10. Tree felling, vegetation clearance works, demolition work or other works that may affect nesting birds will be avoided between March and August inclusive, unless the absence of nesting birds has been confirmed by further surveys or inspections submitted to and agreed in writing with the Local Planning Authority. 11. Before first use of the building hereby approved a scheme providing full details of all external lighting sources shall be submitted to and agreed in writing with the Local Planning Authority. Thereafter only external lighting in accordance with the approved details shall be installed on the site. 12. Bat roosts referred to in Para. 7.2 of the Protected Species Investigation Survey Report Bats, September 2012 received by the Local Planning Authority on 17 September 2012 shall be erected in accordance with the recommendations of that paragraph and approved drawings as an integral part of the development and shall be retained for its duration. 13. Pruning to the existing trees referenced T1, T2, T7, T31, and G1 and G15 - insofar as they relate to trees overhanging the access road into the site from Greaves Hall Avenue, shall be carried out in accordance with the tree pruning works specified in the Arboricultural Impact Assessment Ref: DF/4203/ArbImnpactAssessmentRev’C received by the Local Planning Authority on 19 September 2012.

Reasons

1. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. 2. For the avoidance of doubt and to ensure compliance with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 3. In granting this permission the Local Planning Authority has had regard to the submitted circumstances of the case and wishes to have the opportunity of exercising control over any subsequent use in the event of the care home use vacating the premises, thereby ensuring that any future occupation would not conflict with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 4. To ensure that the external appearance of the building(s) is satisfactory and that the development therefore complies with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 5. To ensure that the site is properly drained in the interest of local amenity and that the development, therefore, complies with the provisions of Policies GD1, EN10, EN11 and SC10 in the West Lancashire Replacement Local Plan and Policies GN3 & IF3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 6. To safeguard the amenity of the area generally and secure a safe form of development so comply with the provisions of Policies GD1 and EN10 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 7. To assimilate the proposed development into its surroundings and to ensure that the development complies with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 8. To safeguard the health of the trees and so ensure that the proposed development complies with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan and Policies GN3 & EN2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 9. To safeguard the safety and interests of the users of the highway and to ensure that the development complies with the provisions of Policies GD1 & SC6 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 10. To avoid conflict with Policy EN1 in the West Lancashire Replacement Local Plan and Policy EN2 in the West Lancashire Local Plan Publication Document. 11. In order to minimise the impact of the development on biodiversity interests on and about the site and thereby comply with Policy EN1 in the West Lancashire Replacement Local Plan, Policy EN2 in the West Lancashire Local Plan Publication Document and the National Planning Policy Framework. 12. To provide and enhance biodiversity interests on and about the site and thereby comply with Policy EN1 in the West Lancashire Replacement Local Plan, Policy EN2 in the West Lancashire Local Plan Publication Document and the National Planning Policy Framework. 13. For the avoidance of doubt and to ensure compliance with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan and Policy EN2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. Conditions in relation to the Outline Application:

1. Application for approval of reserved matters must be made not later than the expiration of three years beginning with the date of this permission and the development must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. 2. The development hereby approved shall be carried out in accordance with details shown on the following plans:-Plan reference 11-153-104 Rev A received by the Local Planning Authority on 25 May 2012. 3. The land subject of the outline permission shall be used for class C2 and/or D1 land uses as defined in the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order) and for no other purposes. 4. The development hereby approved shall be carried out strictly in accordance with detailed plans which previously shall have been submitted to and approved in writing by the Local Planning Authority as a reserved matters application. Such detailed plans shall show:- a. Proposed layout of roads and footpaths to a scale of not less than 1/500, including materials, gradients and sections; b. Location and species of all trees and hedges existing on the site and the proposed location and layout of all open spaces and amenity areas; c. Detailed arrangements for disposal of foul and surface water including surface water attenuation measures; d. Proposed layout, siting, design, and external appearance of all buildings; the colour and type of materials to be used in the construction of external walls and roofs; e. Proposed means of access to buildings, service areas and parking for motor vehicles; f. Proposed walls, fences, and other means of enclosure; g. Proposed finished floor and site levels; and, h. Details of compensatory tree planting and habitat creation and their management; and, i. Details of all external lighting sources. 5. No development shall take place until a scheme for the foul and surface water drainage of the development, including attenuation measures and oil interceptor details, have been submitted to the Local Planning Authority and fully agreed with the relevant statutory body/bodies, and until written evidence of that agreement has been provided to and acknowledged in writing as acceptable by the Local Planning Authority. Thereafter the development shall be drained in accordance with the approved details. 6. No works shall take place until the trees shown for retention have all been protected with stout fencing constructed to BS5837:2012 in accordance with the detail shown on plan reference 4203.05 Rev. B received by the Local Planning Authority on 19 September 2012. Such fencing shall remain and be adequately maintained for the duration of the development operations. Within the protected areas no development operations may take place including the storage or dumping of materials or plant, the lighting of fires, the siting of temporary huts or the raising or lowering of ground levels. All dead or damaged existing trees specified for retention shall be replaced with trees of such size and species approved in writing by the Local Planning Authority. 7. Tree felling, vegetation clearance works, demolition work or other works that may affect nesting birds will be avoided between March and August inclusive, unless the absence of nesting birds has been confirmed by further surveys or inspections submitted to and agreed in writing with the Local Planning Authority. 8. A re-survey of the site and immediate adjacent land to establish the presence or absence of protected species and priority habitats shall be carried out by a suitably qualified person/s within the period of seven months before the submission of a reserved matters application; the full findings of that report shall be submitted as part of the application. 9. Notwithstanding the proposals of the Arboricultural Impact Assessment Ref. DF/4203/ArbImnpactAssessmentRev’C’ no tree shall be felled or removed from the site until detail of compensatory planting has been submitted and agreed in writing with the Local Planning Authority. The Willow tree reference T30 in that document, (and the Protected Species Investigation Survey Report Bats, September 2012 (received b 17 September 2012) and Tree Survey Report Reference DF/4203/TreeSurveyReport Rev’C’ (received 19 September 2012) ) shall not be topped, lopped or felled until such a time a reserved matters permission has been granted on the site.

Reasons

1. Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990. 2. For the avoidance of doubt and to ensure compliance with the provisions of the National Planning Policy Framework and Policy EC2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 3. For the avoidance of doubt and to ensure compliance with the provisions of the NPPF and Policy GN2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 4. To ensure adequate information is available for the proper consideration of the detailed proposals. 5. To ensure that the site is properly drained in the interest of local amenity and that the development, therefore, complies with the provisions of Policies GD1, EN10, EN11 and SC10 in the West Lancashire Replacement Local Plan and Policies GN3 & IF3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 6. To safeguard the health of the trees and so ensure that the proposed development complies with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan and Policies GN3 & EN2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 7. To avoid conflict with Policy EN1 in the West Lancashire Replacement Local Plan and Policy EN2 in the West Lancashire Local Plan Publication Document. 8. In order to fully inform of the impact of the development on biodiversity interests on and about the site and thereby comply with Policy EN1 in the West Lancashire Replacement Local Plan, Policy EN2 in the West Lancashire Local Plan Publication Document and the National Planning Policy Framework. 9. In order to comply with Policy EN1 in the West Lancashire Replacement Local Plan, Policy EN2 in the West Lancashire Local Plan Publication Document and the National Planning Policy Framework in respect of protected species and biodiversity.

Reason for Approval

DS3 – Safeguarded Land DE1 – Residential Development DE5 – Employment Development EN1 – Biodiversity EN9 – Protecting Trees and Woodlands SC4 – Educational Facilities SC5 – Health Facilities GD1 – Design of Development GD2 – Developer Contributions to Infrastructure

and

EC2 – The Rural Economy GN1 – Settlement Boundaries EN2 – Preserving and Enhancing West Lancashire’s Natural Environment GN3 – Criteria for Sustainable Development RS1 – Residential Development RS2 – Affordable and Specialist Housing IF3 – Service Accessibility and Infrastructure for Growth together with Supplementary Planning Guidance and all relevant material considerations. Whilst the Local Planning Authority recognises that the proposal does not fully comply with Policy DS3 in the West Lancashire Replacement Local Plan it feels that special circumstances exist, namely that the NPPF and Policy EC2 in the West Lancashire Local Plan Publication Document demonstrate a material shift in policy for the site seeking to secure sustainable employment generating uses. It is considered that these special circumstances justify approval of the application as set out in the Officer's report. This report can be viewed or a copy provided on request to the Local Planning Authority.

No.3 APPLICATION NO. 2012/0784/FUL LOCATION Blythe Hall Blythe Lane Lathom Ormskirk Lancashire L40 5TY PROPOSAL Erection of gallop rails to previously approved gallop track. APPLICANT Mr A Bell WARD Newburgh PARISH Lathom TARGET DATE 17th September 2012

1.0. PREVIOUS RELEVANT DECISIONS

1.1 2012/0110FUL GRANTED- Formation of gallops track for horse riding.

2011/0192/FUL ALLOWED ON APPEAL - Retention of existing potager. 2010/1428/FUL REFUSED – Formation of gallops track for horse riding. 2010/0832/FUL WITHDRAWN - Formation of gallops track for horse riding 2010/1062/FUL REFUSED - Re-Location of proposed potager 2010/0834/FUL GRANTED – Erection of 4 floodlights to outdoor sports pitch 2008/0778/FUL GRANTED - Demolition of existing stable block and north west wing (including conservatory and boiler house). Single storey rear extensions 2008/0833/FUL GRANTED - Erection of sports pavilion, stable block and tractor store

2.0. CONSULTEE RESPONSES

2.1 None.

3.0. OTHER REPRESENTATIONS

3.1 None. 4.0. SUPPORTING INFORMATION

4.1 A planning statement has been submitted in support of the application.

5.0. LOCAL PLAN ALLOCATION

5.1 National Planning Policy Framework (NPPF), the West Lancashire Replacement Local Plan and the West Lancashire Local Plan Publication Document provide the policy framework against which the development proposals will be assessed. The site is located within the Green Belt.

NPPF Protecting Green Belt land Requiring good design

West Lancashire Replacement Local Plan (WLRLP) GD1 – Design of Development DS2 – Protecting the Green Belt SPD – Design Guide

West Lancashire Local Plan Publication Document (WLLPPD) GN1 – Settlement Boundaries GN3 – Criteria for Sustainable Development

6.0 SUMMARY OF ISSUES

The Site

6.1 Blythe Hall is located approximately 25m to the north of Blythe Lane. This is a Grade II Listed Building and is set within extensive grounds (approximately 15.4 hectares). The property is accessed via a long driveway that leads to the front and rear of the Hall. Formal gardens are located to the north and south, to the east and west lies agricultural land. The site is situated within the Green Belt and a landscape area of regional importance.

The Proposal

6.2 The proposal relates to the erection of gallops rails around the previously approved gallops track under planning permission 2012/0110/FUL. The gallops rails would be constructed of green UPVC and would be erected around the entirety of the gallop track, both inside and outside. The posts would be between 2.5m and 6m apart with the rail height at 1.2m. Principle of Development/Impact upon Green Belt

6.3 Under paragraph 89 of the NPPF the provision of appropriate facilities for outdoor sport are considered not to be inappropriate development provided that the development preserves the openness of the Green Belt and does not conflict with the purposes of including land within it. Policy DS2 in the West Lancashire Replacement Local Plan echoes the above.

6.4 The provision of railings around the gallops track has been the subject of much discussion between the applicant and the Council over recent months. The scheme put forward at the time of planning application 2010/1428/FUL incorporated white UPVC railings over a further distance. The Case Officer at that time considered that ‘the extent of the parallel white upvc railings which enclose the track are an alien feature in the Green Belt which will have a detrimental impact on the visual appearance and openness of the Green Belt.’

6.5 Under this current application the proposed railings are colour coated green and cover the distance agreed for the gallops tracks under planning application 2012/0110/FUL (240m by 160m).

6.6 The Planning Statement includes a number of arguments to support the proposal. Firstly, the applicant and his family have an equestrian facility for their own personal enjoyment at Blythe Hall which has 12 stables and an indoor ménage and at present there are 6 horses on site.

6.7 The Planning Statement also argues that it is widely accepted in the horse riding industry that the installation of a gallop enclosure by way of ‘running’ or ‘safety rails’ reduces the risk of injury to both the horse and rider. This is principally achieved by the fencing providing a guide line for the horse and jockey to follow which at high speed is an important factor in maintaining focus and concentration. The addition of the railing therefore constitutes a very important part of a horses schooling in terms of safety and familiarity for the horse and rider. In the absence of running rails the gallops track cannot be used to its full potential and to do so significantly increases the risk of a high speed fall and injury to both the horse and rider.

6.8 Since the time of the previous applications for the gallops track and railings, the NPPF has now been published. Under the former PPG 2 Green Belts only essential facilities for outdoor sport and recreation were considered to be appropriate development. The NPPF now allows for the provision of appropriate facilities for outdoor sport and outdoor recreational purposes subject to the openness of the Green Belt being preserved and the proposed development not conflicting with the five purposes of including land within the Green Belt. Consequently therefore this test has somewhat been relaxed. In addition, the Planning Statement contends that the proposed railings would not unduly reduce openness nor conflict with the reasons for including land within the Green Belt. Given the relaxed provisions of the NPPF, the alterations to the appearance of the gallops railings and the justification put forward, it is my view that this current proposal is acceptable in terms of the NPPF and has overcome previous objections by the Council. Whilst still covering a substantial area, the proposed railings would be colour coated green and would thereby appear less visually prominent within this landscape. Furthermore, the spacing between each post will assist in maintaining an open view through the site that is filtered rather than completely blocked. I therefore consider that this proposal is compliant with the NPPF and Policy DS2.

Impact on the Listed Building and Area of Landscape History

6.9 In terms of the impact upon the Listed Building, the proposal is located some 30m from the main hall. The site also lies within an Area of Landscape History of regional importance as defined under Policy GD1.8. Blythe Hall sits back off the road and is well contained within its immediate curtilage. The agricultural land to the east (the application site) provides part of the landscape setting to the hall by creating a backdrop to the site. The land itself is a buffer to the site but significant views of the setting are difficult to achieve with no major views of the hall in its rural setting available. Therefore, it is important to maintain the openness of the land as this is an important characteristic of the hall’s historic setting. This is reinforced by the importance of the historic landscape in that area and the recognition that it is of regional importance. As with the impact upon the Green Belt, I consider that the alterations to the proposed railings will now ensure that the gallops track does not result in a significant change in the character of the site or the visual amenity of the historic landscape.

Summary

6.10 A planning condition is attached to the original permission for the gallops tracks to restrict its use to private domestic purposes only and to prevent the facility from being used as part of a livery, riding school or other commercial enterprise. Overall therefore, the proposed development should not unduly detract from the openness of the Green Belt or the historic landscape and therefore complies with the NPPF, guidance contained with Policies GD1 and DS2 of the WLRLP and Policies GN1 and GN3 of the WLLPPD.

7.0 RECOMMENDATION

7.1 That planning permission be GRANTED subject to the following conditions:

Conditions

Reasons

Reason for Approval

GD1 - Design of Development DS2 - Protecting the Green Belt

GN1 - Settlement Boundaries GN3 - Criteria for Sustainable Development

1.0 REFERRAL

1.1 This application was to be determined under the Council's delegation scheme, however, Councillor Pope has requested it be referred to Committee to consider the amenity impact in the conservation area

2.0 PREVIOUS RELEVANT DECISIONS

2.1 2007/1190/FUL GRANTED Provision of patio area at rear to provide external drinking and dining area including the erection of two jumbrellas.

2.2 2007/1191/LBC GRANTED - Listed Building Consent - Provision of patio area at rear to provide external drinking and dining area including the erection of two jumbrellas.

2.3 2005/0723 GRANTED Formation of beer garden including entrance pergola, jumbrellas, perimeter fence and lighting bollards.

2.4 1998/0891 ADVERTISEMENT CONSENT GRANTED - Retention of display of various illuminated signage.

3.0 OBSERVATIONS OF CONSULTEES

3.1 LCC HIGHWAYS (12.09.12) – No Objections; providing the level of luminance can be controlled under condition.

4.0 OTHER REPRESENTATIONS

4.1 None Received 5.0 RELEVANT PLANNING POLICIES

5.1 The National Planning Policy Framework (NPPF), the West Lancashire Replacement Local Plan and the West Lancashire Local Plan Publication Document provide the policy framework against which the development proposals will be assessed.

The site is located within the rural settlement of Newburgh and Newburgh Conservation Area as defined in the West Lancashire Replacement Local Plan. The Red Lion is a Grade II listed building.

West Lancashire Replacement Local Plan

GD1 – Design of Development EN4 – Conservation Areas EN5 – Buildings of Historic Importance

Emerging Local Plan Publication Document

GN3 Criteria for Sustainable Development EN4 Preserving and Enhancing West Lancashire Built Environment

Supplementary Planning Advice

SPD – Design Guide (January 2008)

6.0 OBSERVATIONS OF BOROUGH PLANNER

The Site

6.1 This is a Grade II listed public house, which is located to the north of Ash Brow and is sited within the rural settlement of Newburgh and Newburgh Conservation Area.

The Proposal

6.2 This advertisement consent application seeks the retention of one illuminated double sided twin post sign located to the east of the car park entrance. The sign board measures 1.2m by 1.7m with a depth of 0.075m and the posts are 0.8m above ground level. The sign board is constructed from coated black aluminium and primarily has a white background with black lettering and is lit by an external trough light with a similar finish. The sign advertises meal deals available at The Red Lion. 6.3 For clarification it should be noted that Listed Building Consent (LBC) will not be required for this post mounted sign board in the car park as it does not physically fix onto the listed building and as such the LBC application will be returned to the applicant.

Assessment

6.4 Policies GD1 and EN4 in the West Lancashire Replacement Local Plan are relevant in consideration of this application. To comply with Policy GD1, advertisements should not to be detrimental to highway safety or visual amenity. Policy EN4 requires all development to respect the setting of, and important views into and out from, conservation areas.

6.5 Policy GN3 and policy EN4 in the Emerging Local Plan Publication Document 2012 – 2027 states that development affecting the historic environment should seek to preserve or enhance the heritage asset and any features of special interest.

6.6 The sign board is sited immediately behind an existing low wall at the entrance to the car park. There is a smaller parish board on the pavement immediately to the front of the sign and a bus shelter to the side. In my opinion the overall size and construction/finish of the sign conflicts with the other nearby sign structures and appears somewhat ‘sub-urban’ and out of character in comparison. The existing public house is well covered by a number of signs, including a rustic timber post sign, which are readily seen when approaching the property. I find this sign further clutters the street frontage, a problem which is made worse by the signs somewhat utilitarian appearance and size. I am also concerned that the overly large lettering which appears out of context with the surrounding signs. As such I am of the opinion the sign board harms the character and appearance of the conservation area and would be contrary to Policy EN4 of the Emerging Local Plan Publication Document 2012 – 2027 and policies GD1 and EN4 in the West Lancashire Replacement Local Plan.

6.7 Paragraph 67 in the NPPF states ‘Poorly placed advertisements can have a negative impact on the appearance of the built and natural environment’. Paragraph 134 of the NPPF states ‘Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use.’ Paragraph 137 states ‘Local planning authorities should look for opportunities for new development within Conservation Areas and within the setting of heritage assets to enhance or better reveal their significance. Proposals that preserve those elements of the setting that make a positive contribution to or better reveal the significance of the asset should be treated favourably.’ In my opinion the sign board is not a positive element. No justification has been submitted which would outweigh the ‘less than substantial harm’ and as such the proposal would be contrary to the guidance contained in paragraphs 67, 134 and 137 of the NPPF. 6.8 The Highway Authority have been consulted on this application and have raised no objections to the proposed signage providing that conditions are attached relating to the level of luminance to avoid glare, dazzle or distraction to passing motorists.

Summary

6.9 In summary, I consider that the advertisement fails to comply with paragraphs 67, 134 and 137 of the NPPF, Policies GD1 and EN4 in the West Lancashire Replacement Local Plan and Policy EN4 of the Emerging Local Plan Publication Document 2012 – 2027 in that by virtue overall size, design and positioning it results in clutter and is harmful to visual amenity and the character and appearance of the conservation area.

7.0 RECOMMENDATION

7.1 That advertisement consent be REFUSED for the following reason:

Reasons for Refusal

1. The advertisements fail to comply with paragraph 67, 134 and 137 of the NPPF, Policies GD1 and EN4 in the West Lancashire Replacement Local Plan and Policy EN4 of the Emerging Local Plan Publication Document 2012 – 2027 in that by virtue of its overall size, design and positioning it results in clutter and is harmful to visual amenity and the character and appearance of the conservation area.

No.5 APPLICATION NO. 2012/0628/WL3 LOCATION Coronation Park Car Park Park Avenue Ormskirk Lancashire L39 3LB PROPOSAL Erection of 4 no. 1 bedroom flats and provision of replacement car parking facilities (20 spaces). APPLICANT West Lancashire Borough Council WARD Knowsley PARISH Unparished - Ormskirk TARGET DATE 22nd August 2012

1.0 PREVIOUS RELEVANT DECISIONS

1.1 None. 2.0 CONSULTEE RESPONSES

2.1 LCC HIGHWAYS (19/7/12) – Negligible impact upon highway safety within the vicinity. Sufficient car parking is provided.

3.0 OTHER REPRESENTATIONS

3.1 I have received 12 neighbour representations making the following comments:

- Increased traffic; - Impact on car parking facilities during construction; - Impact on local environment - Safety of new car park - Access to rear of properties on Park Avenue should be maintained; - How would car park be managed? - Impact upon bats; - Loss of view over car park; - Unsightly; - Had to put up with 2 years of building work at Brookside; - Covenant on land; - Japanese knotweed on site; - Parking further away will cause problems; - Surprised wildlife survey failed to notice different species; - Mitigation required; - Who are the flats for? - Brookside isn’t full; - Devalue area; - Unkind to Park Avenue residents to have to put up with more building work; - No concern for inherent historical value of properties; - New car park should be completed first; - Will it interfere with shortcut to Morrison’s and the Park; - Sufficient space for emergency vehicles to turn?

4.0 SUPPORTING INFORMATION

4.1 The application has been submitted with the following documents:

- Extended Phase 1 Habitat Survey - Planning Supporting Statement - Design and Access Statement

5.0 RELEVANT PLANNING POLICIES

5.1 National Planning Policy Framework (NPPF), the West Lancashire Replacement Local Plan (WLRLP) and the West Lancashire Local Plan Publication Document (WLLPPD) provide the policy framework against which the development proposals will be assessed. The proposed flats are located within the Main Settlement area of Ormskirk. The proposed car parking is sited on a Development Opportunity Site. The following polices are therefore relevant:

NPPF Delivering a wide choice of quality homes Requiring good design Promoting healthy communities Conserving and enhancing the natural environment

West Lancashire Replacement Local Plan GD1 – Design of Development GD2 – Developer Contributions to Infrastructure EN1 – Biodiversity EN9 – Protection of Trees and Woodlands DE1 – Residential Development DE14 – Development Opportunity Sites

West Lancashire Local Plan Publication Document Policy GN1 – Settlement Boundaries Policy GN3 – Criteria for Sustainable Development Policy GN4 – Demonstrating Viability Policy RS1 – Residential Development Policy IF2 – Enhancing Sustainable Transport Choice Policy IF4 – Developer Contributions Policy EN1 – Low Carbon Development and Energy Infrastructure Policy EN2 – Preserving and Enhancing West Lancashire’s Natural Environment Policy EN3 – Provision of Green Infrastructure and Open Recreation Space

6.0 OBSERVATIONS OF BOROUGH PLANNER

Site Description

6.1 The site consists of an existing car park (14 spaces) that is used by residents of Park Avenue and users of Coronation Park. The site also includes the turning head at the end of Park Avenue. The site is bound by the gable end wall of no.41 Park Avenue to the south, part hedge part security fence to new retirement homes to west, low wall/hedge to northern boundary adjoining Coronation Park bowling green and wall to eastern boundary adjoining grassed area of Coronation Park. The application site also includes a parcel of land within Coronation Park. The site is accessed via a single carriageway along Park Avenue which serves the rear of residential properties and a number of parking areas for residents. The Proposal

6.2 Planning permission is sought for the erection of one block of 4 no. 1 bed flats over two storeys. The building will be sited to the north of no. 41 Park Avenue and will have dimensions of 12.9m x 9.4m x 7.6m high. It will be accessed from Park Avenue and on site car parking will be provided for each unit (4 spaces) as well as an outdoor amenity area. The proposed replacement car park will be sited on land to the rear of the Bowling Green at the end of Park Avenue and will comprise of 20 no. spaces and will be accessed to the north of the proposed flats.

Principle of Development

Residential Development

6.3 As the site for the proposed flats is located within the main settlement area of Ormskirk, this residential development is supported by the Council’s Interim Housing Policy and Policy RS1 of the West Lancashire Local Plan Publication Document (WLLPPD).

Replacement Car Park

6.4 The replacement car parking is located within an area of Coronation Park allocated as a Development Opportunity Site under Policy DE14. The justification for this policy specifically refers to this allocation as being suitable to "be developed for leisure or recreational purposes, possibly in conjunction with the adjacent tennis club or Coronation Park." The proposed car parking would primarily be used to serve Coronation Park and would provide an upgrade on the existing parking provision. As it is currently used, the former nursery and depot site does not add significant leisure or recreational value to Coronation Park that could not be replaced. Therefore, it is my view that the improved car parking for public use would be a beneficial use of the site and is acceptable in policy terms.

Design, Scale and Layout

6.5 Policy GD1 of the WLRLP and Policy GN3 of the WLLPPD state that new development should retain reasonable levels of privacy, amenity and sufficient garden/outdoor space for occupiers of the neighbouring and proposed properties. In the case of new buildings the development should provide sufficient garden/outdoor space to meet the needs of residents of those buildings. In addition, the SPD Design Guide states that new development should be of an overall scale, mass and built form, which responds to the characteristics of the site and its surroundings. Care should be taken to ensure that building(s) height, scale and form, including the roofline, do not disrupt the visual amenities of the streetscene and impact on any significant wider landscape views. 6.6 Owing to the mixed styles of development within the area, the proposed block of flats is of an appropriate design and scale so to not appear out of character with the area. It is also sited sufficient distance away from the nearest residential property in order to maintain adequate amenity levels. In addition, the proposed outdoor amenity area is sufficient in size to serve the future occupants of the flats, especially given the close proximity of the site to public amenity.

Car Parking and Highway Safety

6.7 The new building will be erected on an existing car parking area. However, a replacement car park providing additional spaces (20 in total) is proposed to the north-west of the site. This will be used for users of Coronation Park and residents of Park Avenue. On site car parking is also proposed for the 4 flats. The County Highways Surveyor is therefore satisfied that sufficient car parking will be provided for the proposed development.

6.8 A number of residents have expressed concerns in relation to the narrow access and the increase in traffic that will occur. Whilst these comments are acknowledged, the County Highways Surveyor has concluded that Park Avenue is suitable to accommodate the additional 4 residential units. Highway improvements will be undertaken including to the modification of the existing turning head, additional pedestrian footways and traffic calming along the access to the new car park will form part of the overall scheme. On balance therefore, I am satisfied that the proposed development should not result in any detrimental impact upon car parking and highway safety within the vicinity. Furthermore, 6 no. additional spaces will be provided through the replacement car park.

Residential Amenity

6.9 The siting and layout of the proposed development meets the required interface distances to maintain residential amenity for neighbouring occupants and the future occupants of the residential units. A number of neighbouring residents have made comments in respect of the proposed development including inter alia, increase in traffic, impact upon the car parking for residents and potential disturbance caused by the construction works. As described above in paragraphs 6.7 - 6.8, the County Highways Surveyor considers that adequate car parking is proposed, particularly as an increase in public car parking will be provided on the replacement car park. In terms of noise and disturbance, this development proposal will not cause disruption on a par with the neighbouring Brookside development due to its much smaller scale. I am therefore satisfied that the proposed development should not detrimentally impact upon neighbouring residential amenity and is in accordance with Policy GD1 of the WLRLP and Policy GN3 of the WLLPPD. Ecology

6.10 Policy EN1 of the WLRLP and Policy EN2 of the WLLPPD seek to protect biodiversity by resisting development, which would destroy or adversely effect important wildlife habitats. Although the proposed car park will develop a greenfield site, the conclusions of the Extended Phase 1 Habitat Survey found that the habitats at the site are restricted and very common on a local and national scale and no further species or habitat surveys are required. Conditions will be attached to avoid site clearance works during the bird breeding season and requiring the submission of a landscaping scheme.

Developer Contributions

6.11 Policy GD2 Developer Contributions to Infrastructure requires appropriate levels of financial contributions towards infrastructure. In relation to the Councils Supplementary Planning Document (SPD) - ‘Open Space/Recreation Provision in New Residential Developments’, the development proposes between 3 and 39 dwellings, therefore the provision of open space should be in the form of a financial contribution in order to improve facilities off-site within the vicinity. In this instance a contribution of £736 is required.

Summary

6.12 On balance, it is my view that the proposed development is of a suitable scale and design, maintains residential amenity and highway safety and will not result in a detrimental impact upon biodiversity It is therefore in accordance with the relevant policies in the WLRLP and the WLLPPD.

7.0 RECOMMENDATION

7.1 That the decision to grant planning permission be delegated to the Borough Planner in consultation with the Chairman and Vice Chairman of the Planning Committee subject to a planning obligation under the Town and Country Planning Act 1990 being entered into to secure a contribution of £736 for off-site Public Open Space.

7.2 That any planning permission granted by the Borough Planner pursuant to the recommendation made in paragraph 7.1 be subject to the following conditions:

Conditions

1. The development must be begun not later than the expiration of three years beginning with the date of this permission. 2. The development hereby approved shall be carried out in accordance with details shown on the following plans:- Plan reference 2 of 11, 3 of 11, 4 of 11, 5 of 11, 6 of 11, 7 of 11, 8 of 11, 9 of 11, 10 of 11 and 11 of 11 received by the Local Planning Authority on 1st June 2012. 3. No development shall commence until full details and samples of the external brickwork and roofing materials have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 4. Prior to commencement of any part of the development hereby approved, including site clearance, ground preparation, or drainage works, a facility shall be provided by which the wheels of all vehicles leaving the site can be cleaned. The wheels of all vehicles leaving the site during all stages of implementation shall be cleaned so that they do not carry any mud, soil, grit or other such materials onto the public highway. 5. The replacement car park shall be completed in full and be fully operative before works commence on the construction of the block of flats. 6. The car parks shall be surfaced or paved and the car parking spaces and manoeuvring areas marked out in accordance with the approved plan, before the dwellings are occupied. 7. No development shall take place until a scheme for the signing, security and lighting of the replacement car park has been submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented in full before the car park becomes operative and shall be maintained throughout the duration of the development 8. No development shall take place until a scheme for the construction of the off-site works of highway improvement has been submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented in full. 9. The level of the new driveways for the flats shall be constructed 0.150m above the channel level of the carriageway of Park Avenue 10. No development shall take place until a landscaping scheme has been submitted to and approved by the Local Planning Authority. The landscaping scheme shall show the location, branch spread, and species of all existing trees and hedges; the location, species and number of all proposed trees, shrubs and hedges; and the location of all existing and proposed grassed and hard surfaced areas. Trees and shrubs planted shall comply with BS. 3936 (Specification of Nursery Stock) and shall be planted in accordance with BS. 4428 (General Landscape Operations). Within a period of 9 months from the date when any part of the development is brought into use the approved landscaping scheme shall be carried out. All planting shall be maintained and dead or dying material shall be replaced for a period of seven years from the agreed date of planting. 11. Prior to commencement of the development full details of the finished levels of all parts of the site, including the floor levels of all buildings, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with those details. 12. The development shall not be commenced until a scheme for the foul and surface water drainage of the development, including any necessary attenuation measures, has been fully agreed with the relevant statutory body/bodies, and until written evidence of that agreement has been provided to and acknowledged in writing as acceptable by the Local Planning Authority. Reasons

Reason for Approval

GD1 - Design of Development GD2 - Developer Contributions to Infrastructure EN1 - Biodiversity EN9 - Protection of Trees and Woodlands DE1 - Residential Development DE14 - Development Opportunity Sites

Policy GN1 - Settlement Boundaries Policy GN3 - Criteria for Sustainable Development Policy GN4 - Demonstrating Viability Policy RS1 - Residential Development Policy IF2 - Enhancing Sustainable Transport Choice Policy IF4 - Developer Contributions Policy EN1 - Low Carbon Development and Energy Infrastructure Policy EN2 - Preserving and Enhancing West Lancashire’s Natural Environment Policy EN3 - Provision of Green Infrastructure and Open Recreation Space

together with Supplementary Planning Guidance and all relevant material considerations. The Local Planning Authority considers that the proposal complies with the relevant Policy criteria and is acceptable in the context of all relevant material considerations as set out in the Officer's Report. This report can be viewed or a copy provided on request to the Local Planning Authority. No.6 APPLICATION NO. 2009/0228/COU LOCATION Hesketh Bank Riding Course Dib Road Hesketh Bank Preston Lancashire PR4 6XQ PROPOSAL Retention of use of land as clay target shooting facility. APPLICANT Webtons Field Sports WARD Hesketh-with-Becconsall PARISH Hesketh-with-Becconsall TARGET DATE 11th August 2009

1.0 REFERRAL

1.1 This application was to be determined under the Council’s delegation scheme, however, Councillor Ashcroft has requested it be referred to Committee.

2.0 PREVIOUS RELEVANT DECISIONS

2.1 E/2006/0016 – Formation of earth mounds

2.2 2005/0820 REFUSED (20.09.2005) - Retention of soil mounds.

2.3 2003/1033 - GRANTED (11.12.2003) - Horse exercise track together with associated reception/stable block & horse trailer parking area.

2.4 E/1992/0062 Change of use of the land from agricultural to use for clay target shooting and the positioning on the land of buildings, structures and containers used in connection with clay target shooting.

3.0 OBSERVATIONS OF CONSULTEES

3.1 Lancashire County Council (Ecology) (06.02.12) – No further ecological information has been submitted in respect of possible additional impact on important bird populations locally. Prior to determination an assessment of Likely Significant Effect on the European site should be provided or permission could be granted for shooting at pre-existing levels subject to planning conditions for monitoring and review of the operation and its impacts, restrictions on the type of shot and the direction of shooting. The concerns of Natural England should be addressed. A habitat creation and management plan should be secured by condition. (02.06.09) – unclear whether development constitutes an intensification of activity on the site; applicant should demonstrate the development the proposals will not adversely impact on important bird populations on nearby designated sites. If concerns addressed then recommend conditions in relation to impact mitigation (birds and tutsan), no works during bird nesting season, a habitat creation and management plan to be agreed and implemented.

3.2 Natural England (24.11.11) – Original and initially amended proposed times of operation cause for significant concern due to possible impacts on the nearby designated areas. Insufficient information submitted to demonstrate no adverse effect on these areas. Holding objection imposed. Will consider removing objection once hours revert to original use of the site (Sundays) and subject to conditions being applied: - Operation hours are reviewed periodically in order for Natural England and RSPB to reassess impacts and take into account any bird survey work undertaken locally; - Records of the number of shooters and clays shot be kept to support future assessment work on the disturbance effects of shooting activity on the SPA birds; - Use of steel shot only; - No shooting across Dib Road; - Recommendations of the The Bowland Ecology Report are carried out including habitat management with agreed details.

3.3 Environment Agency (13.05.09) – no objections

3.4 RSPB (29.05.09) – no objection subject to no intensification of shooting activity; use of steel shot; no shooting across Dib Road.

3.5 Lancashire County Council (Highways) (08.04.09) – no objection in principle. Some concern over potential danger and annoyance to users of footpath 36 and coincident Dib Road.

3.6 Assistant Director Community Services (23.11.11) - This is an application to permit noise-making activities 7 days per week including during people’s “leisure time”.

The applicants say the site has operated without planning permission since 1991 so its current operation has given me the opportunity to assess the noise, rather than simply predicting it. As a result I have serious concerns about this application due to its noise impact on noise sensitive premises in the area, in particular the nearest residential premises known as Hesketh Lodge, Dib Road, Hesketh Bank. In addition, it will undoubtedly have an impact on the amenity of the surrounding area. Farmland, footpaths, the RSPB reserve and the quietness of the area generally will be detrimentally affected. Guidance on noise from clay target shooting is found in “Clay Target Shooting: Guidance on the Control of Noise”; published January 2003, by Chartered Institute of Environmental Health (CTS Guidance). This guidance is directly applicable to circumstances of this activity.

The house known as Hesketh Lodge is located to the North-West of the site, approximately 390 metres from the main shooting stands and less than 300 metres from some of the shooting stands on the south-west side of the site. It is in the general direction of the shooting from the main stands. The CTS Guidance advises a noise buffer zone of at least 1.5 kilometres in the general direction of shooting and not less that 1 kilometre rearward. It also states “Shooting should nevertheless not normally take place with separation distances of less than 1 kilometre in the direction of shooting except under very exceptional circumstances which have been fully discussed and agreed with the local authority and any affected residents.”

I carried out an assessment of the noise of two shoots on two Sundays in April 2009, without the knowledge of the applicant, at Hesketh Lodge, in accordance with the CTS Guidance.

The resulting mean Shooting Noise Level (SNL) was 84dB(A) at the premises. A background noise level has been measured at 34.6 dB(A) LA90 (41.2 dB(A) LAeq) The SNL is an average of the loudest 25 shots over a 30 minute period. During each 30 minute period there are about 450 – 600 shots.

The CTS Guidance advises that Building Research Establishment (BRE) research has demonstrated that annoyance is highly likely to occur at a mean shooting level above 65dB(A). It also advises the following:

Note 1: Planning permission should not normally be granted for a major shoot if the mean SNL exceeds 55dB where the background level is less than 45dB.

Note 2: Individual tuitions that last for no more than a couple of hours in total are generally acceptable up to a maximum SNL of 65dB during weekdays between the hours of 10am to 5pm.

Note 3: SNL values of around 65dB and are likely to evoke a strong adverse community response. The shoot should take active steps to achieve a very significant reduction in mean SNL and/or to make a commensurate reduction in the number of hours that they shoot per week.

The mean SNL assessed at Hesketh Lodge in April 2009 was significantly over all the quoted guidelines.

A ‘major shoot’ is defined as “A major shoot will have planning permission or is seeking to get it and operate on more that one day a week, have a number of stands, or holds major events”. This application therefore falls within the definition of a major shoot and therefore Note 1 above applies. Since then further assessments have been carried out by two different acoustic consultants on the applicants’ behalf, both of which recorded noise levels significantly lower than those I recorded on two occasions I assessed without the knowledge of the applicants.

The noise assessment carried out by Martec, using noise predictions and measurements from an arranged shooting demonstration gave lower levels of noise than the assessments I carried out of two actual shoots at the site. Even so the conclusions of the assessment were that a 7 metre high barrier + other measures would have to be erected to bring noise levels down to levels considered acceptable at the nearest residential property, Hesketh Lodge.

This assessment supported my own assessments and conclusions that (without such barriers) the noise from this proposal would be totally unacceptable.

A further noise impact study was carried out on 8 February 2010 by Red Acoustics on behalf of the applicant which has been written up in the report: R0198-REP 01A-SJW. The study concluded that a cost effective scheme of remedial measures could be implemented to meet the requirements of this council and the recommended criteria cited in Clay Target Shooting: Guidance on the Control of Noise; January 2003.

However the noise levels taken for the study were done by means of test shots and were significantly lower than the noise levels measured in my assessments of actual shoots in April 2009.

Therefore a joint assessment was carried out of the noise on 10 October 2010 by me and Simon Webster of Red Acoustics, with the co-operation of the applicants. The test was of a normal Sunday shoot but with controls over the types of cartridges used throughout to test the noise levels from standard (28g) cartridges and also from low-noise (high velocity) cartridges.

The resulting noise levels have been agreed as representative of noise from the site using standard cartridges, shooting from all stands, then shooting from the side stands only then shooting from all stands using high velocity cartridges.

The acoustic consultant has not produced a formal report on the monitoring exercise. During a meeting I had with the agent and acoustic consultant on 14 January 2011 the acoustic consultant demonstrated that a Shooting Noise Level of 65 dB(A) can be achieved at Hesketh Lodge, by adjusting the location of the shooting stands and putting acoustic enclosures around the shooting stands.

The next nearest residents are only 1 kilometre rearward of the shooting stands and there are others within 1.4 kilometres in the general direction of shooting from the side stands. There are therefore a number of residents in the vicinity that I consider may be caused annoyance by noise from the shoot, should it be permitted. Following complaints of shooting noise in 2009 I carried out two assessments of noise from Webton Clay Shooting at a property near the junction of Shore Road/Station Road, Hesketh Bank (1700 metres away). The mean SNL for these two events (11 Oct 2009 and 14 Feb 2010) was 59 dB(A). The background level in this location is less than 45dB(A).

I refer back to CTS Guidance which states "Note 1: Planning permission should not normally be granted for a major shoot if the mean SNL exceeds 55dB where the background level is less than 45dB." The results show that there are properties other than Hesketh Lodge that need to be considered with respect to noise from this shoot.

Whilst I am not currently satisfied that there is a statutory nuisance here whilst the shooting is occurring just once a week, I would consider the noise detrimental to the amenity of the residents. I received an e-mail from this householder in July 2011 when they heard the shooting noise on a Saturday and a Sunday stated the noise was “totally ruining our relaxation on 2 beautiful sunny ‘garden’ days”.

A number of broad agreements were made at the meeting on 14 January, summarised in the letter from Ackland Bracewell dated 27 January 2011.

Since then residents have raised concerns about noise levels and my concerns about preserving the quiet amenity of land has been heightened, as has my concerns about difficulties in enforcing planning conditions relating to noise. I also have concerns that the proposed noise attenuation measures have not been designed to improve the noise levels at any premises other than Hesketh Lodge and that the noise reduction measures have not been tested and proved to be capable of reducing noise levels to the 65 dB(A) agreed for this property. The relocation of the shooting stands and enclosures may make the noise worse at some properties such as those on Guide Road which will be more in the direction of the shooting.

Therefore before the noise reduction measures are in place and have been tested to demonstrate that the activity is capable of meeting appropriate noise conditions I am very reluctant to allow the activity any more time to operate that they do currently. The current use is 1 day per week on a Sunday between 11:00 and 15:00 hours with occasional other days. Allowing even three days per week (including bank holidays) is a significant increase and would only be acceptable if Shooting Noise Level is within the criteria of the Clay Target Shooting: Guidance on the Control of Noise; January 2003.

With respect to restricting the times of operation the CTS Guidance states:

5.3 Restriction in times of operation A restriction in the times of operation of the shoot is a particularly useful control over the noise impact. However, any such restrictions must be justifiable and must take into account the likelihood of excessive noise at noise sensitive premises……. With respect to noise on Bank Holidays I note that the CTS Guidance states:

Restrictions may also need to be applied on Christmas day, Remembrance Sunday and Bank Holidays, or for other religious or special public days of significance to the community surrounding the shoot.

With respect to shooting noise levels, the CTS Guidance states:

The BRE research suggests that there is no fixed shooting noise level at which annoyance starts to occur. Annoyance is less likely to occur at a mean shooting noise level (mean SNL) below 55 dB(A), and highly likely to occur at a mean shooting noise level (mean SNL) above 65dB(A).

Note 1: Planning permission should not normally be granted for a major shoot if the mean SNL exceeds 55dB where the background level is less than 45dB.

As the application is for a major shoot, involving several stands, for 7 days per week, and the applicants have not demonstrated that they would be able to meet relevant guidance on noise for a major shoot or that they will meet the SNL 65dB(A) agreed in practice, I object to this application.

Should the application be considered for approval it would only be acceptable with the following conditions attached:

1. The use hereby permitted shall only take place between the hours of 11.00 and 15.00 on Sundays and shall not take place at any other time.

2. Prior to the commencement of the use hereby permitted, the stands identified as Stands 4, 5, 6, 7, 8,and 9 on Drawing No. X372/002 shall be fitted with an acoustic enclosure, fitted with an internal absorbant lining, the specifications of which shall have at least the acoustic insulation performance of the designs submitted in support of this application on 25 August 2011. The enclosures shall be maintained in position and and shall be kept in good condition.

3. The location of the stands shall be in the positions as marked as Stands 4, 5, 6, 7, 8,and 9 on Drawing No. X372/002, and shall not be moved from these positions without the written consent of the local Planning Authority. No additional stands shall be installed or used.

4. Noise from shooting activities shall not exceed a Shooting Noise Level of 65dB(A), as defined in Clay Target Shooting: Guidance on the Control of Noise; January 2003, by Chartered Institute of Environmental Health, on any day, at Position 1 on drawing number X372/002, a position representative of the boundary of Hesketh Lodge. 5. Noise from shooting activities shall not exceed a Shooting Noise Level of 55dB(A), as defined in Clay Target Shooting: Guidance on the Control of Noise; January 2003, by Chartered Institute of Environmental Health, on any day, at the position marked as Position 2 on the attached map, a position representative of properties on Guide Road.

6. Cartridges with a maximum load of 28 grams only shall be used.

7. The operator shall keep precise records of nature and number of shoots on all operating days and these shall be available for inspection by the local planning authority. The records shall include that type of event, duration of event and number of shooters.

4.0 OTHER REPRESENTATIONS

4.1 Hesketh-with-Becconsall Parish Council (15.04.09) – no objection in principle subject to control over times and duration.

4.2 The Wildlife Trust (Lancashire, Manchester & North Merseyside) no objections - supports statement of RSPB.

4.3 63 letters of support have been received highlighting the following: Inclusive sports facility; Visitors spend money in the locality; Local and easily accessible; Well managed facility; Excellent training facility used by Olympic standard shooters; Previously, noise nuisance from The Dolphin (Longton) shoot (north of estuary) has been confused for noise from the application site; Minimal noise disturbance in comparison to other allowed uses – car-boot sales, firework displays, motor-cycles, gas-guns (bird scarers); Most properties distant from site

4.4 11 letters from residents objecting on the following grounds: intolerable noise unacceptable everyday; moved to the area for quiet enjoyment of countryside; loss of property value; interferes with wildlife in nature reserve and surrounding location; speeding and amount of traffic on Shore Rd cause for concern at Dib Road junction; no great contribution to the rural economy; no passing capability on Dib Road; representations in support not from locality subject of noise disturbance; impact on safe handling of equine and other animal businesses; potential safety and impedance of rights of way concerns; noise annoyance to local dogs; and impact on caravan and camping sites. Danger to users of adjacent highway and public footpath, particularly since intensified use as a consequence of the RSPB site opening to the public; Concern in respect of accidental discharge of guns; Operations to 2006 – every other Sunday, intensified 2007/2008 resulting in complaints, then reverted to every Sunday and Bank Holidays from 2010/2011.

5.0 SUPPORTING INFORMATION

5.1 The applicant has submitted the following documentation on support of the application: Woodland Survey Flood Risk Assessment Ecology Survey Noise Impact Assessment

6.0 RELEVANT PLANNING POLICIES

6.1 The National Planning Policy Framework (NPPF), the West Lancashire Replacement Local Plan (WLRLP) and the West Lancashire Local Plan (2012- 2027) – Publication document (emerging plan) provide the policy framework against which the development will be assessed.

NPPF: Supporting a prosperous rural economy Protecting Green Belt land Meeting the challenge of climate change, flooding and coastal change Technical guidance on the NPPF

Relevant West Lancashire Replacement Local Plan Policies:

DS2 – Protecting the Green Belt SC1 – Sports, Recreational, Leisure and Cultural Facilities EN1 – Biodiversity EN3 – Coastal Zone EN9 – Protection of Trees and Woodlands EN10 – Flood Risk GD1 – Design of Development

Relevant West Lancashire Local Plan (2012-2027) Publication Document policies:

GN1 – Settlement Boundaries GN3 – Criteria for Sustainable Development EN2 – Preserving and Enhancing West Lancashire’s Natural Environment EN3 – Provision of Green Infrastructure and Open Recreation Space 6.2 Supplementary Planning Document ‘Design Guide’ (Jan 2008).

7.0 OBSERVATIONS OF BOROUGH PLANNER

The Site

7.1 The application relates to a site of approx, 4.1 Ha. consisting of woodland areas, open field and clearings, hardstanding/car park, a building and storage containers, lying to the north eastern side of Dib Road within the Green Belt. The southern site boundaries are defined by timber post and rail fencing. The site is surrounded by open flat arable land. Public footpaths lie adjacent to the south- east and south-western boundaries. The site lies within Flood Zone 3.

7.2 A former farmstead including a farmworkers dwelling lies approx. 215 metres to the north-west. The site lies approx. 1.2 km from the Ribble & Alt Estuaries Ramsar Site, Ribble & Alt Estuaries Special Protection Area and Ribble Estuary Site of Special Scientific Interest; these European designations are due to internationally important assemblages of breeding and over-wintering birds. Hesketh Out Marsh approx. 1.0 km to the north is a designated RSPB nature reserve. Several fields within the locality – the closes being approx. 220 metres away form the Hesketh Old and New Marsh Fields Biological Heritage Site, this along with the Hesketh-with-Becconsall Biological Heritage Site are also important for wintering wildfowl.

The Proposal

7.3 The application proposes the retention of the use of the site, building and structures for staging clay target shoots. Originally, the application sought this use any weekday and at weekends between the hours of 11.00 – 15.00 hrs. This has since been twice altered to include the limitation of the use within the following constraints: any Sunday between the hours of 11.00 – 15.00 hrs only. Shoots to date have involved up to 80 clients.

Principle of Development

7.4 Policy DS2 establishes that the making of a material change in the use of land is inappropriate development unless it maintains openness and does not conflict with the purposes of including land in the Green Belt. National planning policy on green belts is set out in the NPPF which advises that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. The construction of new buildings should be regarded as inappropriate in the Green Belt except in certain specified circumstances. According to the Framework, certain other forms of development are also “not inappropriate” in Green Belt provided they preserve the openness of the Green Belt and do not conflict with the purposes of including land in Green Belt. These other forms of development are listed in paragraph 90 of the Framework; the list does not include material changes of use. 7.5 Notwithstanding the support given in the Framework to outdoor sport and recreation in the Green Belt, the wording in the Framework is clear as to the forms of development which are not inappropriate, and material changes of use are not included in this category. Consequently, it is concluded that in terms of national policy, the change of use proposed in this application would amount to inappropriate development in the Green Belt. It is therefore necessary for the applicant to demonstrate that very special circumstances exist and those circumstances outweigh the resultant harm to the Green Belt.

7.6 In this case the use of the land is facilitated by an existing parking area and a steel clad building located to the southern corner of the site. In addition, two containers are positioned on the land for the secure storage of equipment associated with the use (traps, clays etc.), these are located close to the steel building. A woodchip surfaced track leads through the woodland from the car park in a north-westerly direction; a loose gravelled track to the north-east. Finally, it is proposed to provide stand shelters at six stands each measuring approx. 2.4 x 2.4 x 2.4(h) metres constructed from timber and incorporating sound attenuating materials.

7.7 The specific use of the land for shooting does not result in any material harm to the openness or visual amenity of the Green Belt. However, the necessity for the supporting operational development and the presence of a large number of vehicles on the site clearly cause a degree of harm. In assessing this harm I note that a building and parking area were approved under planning permission ref 2003/1033 on the site. Whilst there are some discrepancies in respect of the building, its scale is not materially larger and therefore these elements, in themselves, cannot be argued to result in additional harm. The containers, active use of the parking area, paths and stands do result in additional impacts.

7.8 Policy DS2 permits essential facilities (buildings) for outdoor sport and recreation. This is superseded by the NPPF provision for new buildings in the Green Belt which specifies appropriate facilities for outdoor sport, outdoor recreation…as long as they preserve the openness of the Green Belt and do not conflict with the purposes of including land within it. The containers are for the secure storage of equipment required in conjunction with the proposed use. Similarly, the proposed shoot stand structures are a health and safety requirement (including for the purpose of noise attenuation) and appropriate to the use. The stands are minor in nature, relatively temporary in terms of construction and will have a limited impact on both the visual amenity and openness of the green belt. Subject to appropriate colour treatment and landscaping to ameliorate the visual impact of the containers and shelters I consider these qualify as appropriate facilities for the carrying out of the use. 7.9 The established pathways are relatively minor in nature and not so distinct from the hacking areas previously anticipated under the 2003 permission. Their impact is not so significant in the context of the site. Of more concern is the use of the car park. As described above, the car park area was provided in conjunction with a previously approved use of the site; whilst vehicles are of a transient nature it has been successfully argued that ‘openness’ can be compromised by the presence of vehicles and that the presence can constitute a form of urbanisation by virtue of its visual impact. It is therefore necessary to assess the harm resulting from the presence of potentially a large number of vehicles within this Green Belt location.

7.10 The proposed retention of the shooting use can see a significant number of vehicles arriving at the site – the applicant suggests the site presently accommodates up to 40 vehicles; this is significant and beyond the amount successfully defended at appeal for Green Belt locations. However, in contrast to other facilities such as fishing lakes, the presence of the vehicles is limited to a period of about 5 hours per week (allowing for congregation and pack-up times either side of the shoot times). The impact must then be assessed in terms of this limited time frame and is substantially a visual impact rather than one of permanent development. Giving weight to these aspects; that the provision of boundary landscaping will greatly diminished the visual impact of the cars parking at the site; and, that the hardstanding area already has approval, I consider that, on balance, any overall additional harm to the Green Belt is very limited.

7.11 In addition to Green Belt concerns the site lies within an area classified as Coastal Zone and an area of Flood Risk. Policy EN3 in the Local Plan controlling (built) development in the Coastal Zone seeks only those developments that are essential to meet specified needs associated with, amongst other uses, leisure. Given the appropriate nature of the buildings/structures as discussed above I consider the requirements of Policy EN3 in the WLRLP are met.

7.12 Finally, Policy SC1 supports the principle of outdoor sports and recreation facilities subject to compliance with other relevant Local Plan policies.

7.13 The applicant has submitted the following in support of the application:

The location of the site is best situated to meet the established demand without significant amenity or other impacts on the surrounding area. Accommodating the activity elsewhere within the Borough will be severely restricted due to the spread of development and sensitive sites. The site accommodates an established body of shooters including highly rated sports people, if the use were to cease there would be a significant amount of unmet latent demand potentially resulting in unlawful and unmanaged shoots taking place in less suitable locations. The proposals offer an opportunity to regulate the use of the site whilst achieving biodiversity enhancements to the benefit of the area and nearby nationally and internationally important sites.

The site has been safely used for a long time without significant concerns. Previously it was used in conjunction with outdoor pursuits and consequently requires limited additional facilities that could be said to harm the Green Belt. The site benefits from established infrastructure with most of the required facilities existing on-site without concerns being raised. The proposals are backed by significant local support.

7.14 In concluding, I consider there is sufficient substance in the case forwarded to establish very special circumstances in the context of the longevity of the use to date. I consider the change of use proposal is acceptable in principle as the supporting justification constitutes very special circumstances such to outweigh the limited harm to the openness of the Green Belt and is consistent with Coastal Zone policy.

Visual Impact on Green Belt

7.15 Development within the Green Belt is subject to strict design control to maintain the openness and visual amenity of the Green Belt. Whilst the site is distant from the main road network with Shore Road being some 900 metres to the south, the site lies within an open flat landscape which is only broken by the presence of occasional groupings of farm buildings, limited tree lines and the flood defence embankment. Dib Road remains publicly accessible both by vehicles and walkers, the latter using a network of surrounding public rights of way. The site in question is exceptional in this landscape in that it is currently the only plantation woodland in the locality. Whilst this makes the site readily identifiable the trees provide a backdrop to the proposed development. As discussed above, provision of screen landscaping and colour treatment to the existing and proposed structures will go a long way to ensuring the visual impact of the development is limited. Subject to this requirement I am satisfied the proposals accord with this policy requirement.

Highways

7.16 Vehicular access to the site is via Dib Road, a substantially single width surfaced track accessed from Shore Road. The development has been ongoing for some considerable time and to my knowledge no concerns about traffic levels on Dib Road have ever been raised. The track has seen a number of passing places provided in recent years which accommodates the additional traffic travelling to the RSPB site to the north; these passing places appear to have been successful in allowing vehicles to pass along the length of the road and therefore there is little concern in this respect. The track is generally sufficiently wide to enable pedestrians and vehicles to pass without danger of conflict.

7.17 Dib Road widens out at the junction with Shore Road ensuring that traffic using Dib Road can pull off Shore Road to prevent stationary traffic within the main carriageway. Suitable sight lines exist at the junction.

Flood Zone

7.18 The site lies within a Flood Zone 3 area – land at high risk of flooding. The proposed use of the land is categorised as ‘water compatible’ and is not therefore subject to further scrutiny. Impact on Residential Amenity and Surrounding Land Uses

7.19 Clearly, one of the main concerns relating to the type of activity proposed is that relating to the noise generated. Initially, the application was proposed with unrestricted days of operation; this lead to the expression of significant concern as, whilst the majority of representations suggested tolerance of the existing set up – i.e. mainly Sunday shoots with less frequent additional Saturday and midweek shoots, the prospect of this potentially occurring any day or even everyday was of major concern. In response to that concern the applicant has refined the application to operate on Sundays only with shooting restricted to between the hours of 11.00 to 15.00 hrs. In addition, after several noise assessments and slight reconfiguration of the site, the applicant has suitably demonstrated that the proposed operation would not constitute a noise nuisance at the nearest and surrounding residential properties and could operate without significant impact on residential amenity in the area. The reconfiguration of the stand positions, which ensures the directional ‘crack’ element of the noise is away from residential sites – shooting in north and north-easterly directions only, and the provision of the acoustically designed stand enclosures, should see a benefit to noise levels previously experienced to provide an improvement on the previous operation. The conditional control over days and times of operation in contrast to any unrestricted use will also provide some comfort to residents in the vicinity.

7.20 In addition, studies identified that a particular size of cartridge gave rise to a significantly greater noise profile. The applicant has the ability to control cartridge type used on the site which can subsequently be controlled by planning condition. It is therefore proposed that a maximum cartridge size of 28 grams will be imposed. Given that the applicant has met the desired restrictions of the Assistant Director of Community Services I am satisfied the use can continue without noise nuisance (as defined in the EH legislation) resulting.

7.21 Representations from third parties have been received in respect of the use of the road or paths adjacent to the site. The County Surveyor has drawn attention to Section 161 of the Highways Act 1980, regarding danger or annoyance to users of highways and streets. This states that if a person without lawful authority or excuse discharges any firearm or firework within 50 feet of the centre of such a highway, and in consequence a user of the highway is injured, interrupted or endangered, that person is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale. It will be for the site operator to ensure compliance and achieve any necessary licensing or other documentation in this respect. Whilst walkers may be concerned by the presence of the activity, on the grounds that it is a countryside sport that one would not find unusually exceptional in rural localities; that one can assume the facility is appropriately managed; and, that the stands direct away from these routes, I do not consider this sufficient grounds to oppose the application. 7.22 The activity has not drawn concerns from surrounding agricultural land users in respect of any outfall of shot or clays from the site, Indeed, the use of the restricted cartridges will result in all shot falling within the site boundaries. I therefore conclude that no adverse impact occurs in this respect.

7.23 It is not envisaged that the traffic generation or other non-shooting activity associated with the use will have any significant adverse impact on residential or other land uses in the vicinity.

Impact on Trees/ Ecology

7.24 The site lies close to areas of international, national and regional importance. The relevant consultees including Natural England and the County Ecologist have been notified as well as other organisations in the vicinity of the site – The RSPB and Wildlife Trust. Some concern was initially expressed due to the potential increase in intensity of the use of the site, however, it is generally accepted that provided the site continues to be used as it has been, then no significant impact on the protected sites is likely to accrue. For clarity, shots fired within the site will fall within the site and it is only the noise issue likely to give rise to any concern. As it is not proposed to intensify the use (indeed a betterment should accrue in terms of noise generation), it is not envisaged that there would be grounds for refusal on this basis.

7.25 Within the site the beech plantation provides a woodland area of local value for wildlife including nesting habitat for birds, foraging for bats and habitat for brown hare. An ecological survey confirms that protected species or priority habitats will not be adversely affected by the use of the site but identifies that significant potential for enhancement exists thereby improving the biodiversity value of the site. It was noted that brown hare and ducks were present on the site at the time of assessment and it appears clear that the use of the site does not drive off bird and mammal species.

7.26 In respect of the impact on the woodland and tree groupings it is apparent that the practice has had an adverse impact on some trees within the site – primarily those forming a backdrop or flanking the shooting zones. This is identifiable by the peppering of stems by shot and/or damage to the tree crowns. The applicant clarifies that the woodland was planted in 1973 and has seen management at various times; further management recommendations are provided to preserve and enhance the tree stock and minimise future impact or losses. None of the woodland or individual trees have been subject to formal protection and the proposed use is very unlikely to be catastrophic to the health of the woodland as a whole bearing in mind the period over which the activity has already taken place. On that basis I am satisfied that, subject to the requirement of an active management plan for the site and replacement planting where necessary the use of the site is compatible with the requirements of Policies EN1 and EN9 in the West Lancashire Replacement Local Plan. Summary

7.27 Whilst the use of the site has carried on unlawfully for a significant period of time the submission of the application seeking to regularize this has provided the Council with an opportunity to suitably regulate this outdoor sports facility to a situation where it accords with the relevant planning legislation and is subject to appropriate controls. On the basis of the above assessment I consider the development acceptable under the terms of the West Lancashire Replacement Local Plan and other relevant material considerations and therefore recommend planning permission be granted.

8.0 RECOMMENDATION

8.1 Planning Permission be GRANTED subject to the following conditions:

Conditions

1. The use of the site shall be limited to a clay shooting facility with associated parking, storage and administration facilities and shall be used for no other use (including any other purpose in Class D2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 as amended, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting the Order). 2. The development hereby approved shall be carried out in accordance with details shown on the following plans:- Plan reference x/372/002 received by the Local Planning Authority on 3 February 2011 and timber enclosure details provided in document ref. R0198/T10/SJW by Red Acoustics received by the Local Planning Authority on 25 August 2011. 3. The use hereby approved shall take place in accordance with the following restrictions to the times and days of operation: Any Sunday between the times of 11.00 to 15.00hrs. 4. The number of shooting stands shall be limited to a maximum total of six and positioned as defined on the approved plans.

Shooting from stands 7, 8 and 9 shall be in the general direction of north +/- 20 degrees,

shooting from stands 4, 5 and 6 shall be in the general direction of north-east +/- 20 degrees;

no shot shall be allowed to fall outside the boundaries of the site. 5. Within a period of two months of the date of this decision, details of the external treatments and colours of the existing and proposed structures, containers and building on the site shall be submitted to and agreed in writing with the Local Planning Authority. Within a period of three months from the date of written approval of those details those treatments / finishes shall be applied in accordance with the approved details. The structures, containers, building shall be maintained in those colours for the duration of the development. 6. Any cartridges discharged on the site shall not exceed a weight of 28g of shot. 7. Within two months of the date of this permission a landscaping scheme shall be submitted to and approved by the Local Planning Authority. The landscaping scheme shall show the location, branch spread, and species of all proposed trees, shrubs and hedges. Trees and shrubs planted shall comply with BS. 3936(Specification of Nursery Stock) and shall be planted in accordance with BS. 4428 (General Landscape Operations). Within a period of 12 months from the date of approval of the details the approved landscaping scheme shall be carried out. All planting shall be maintained and dead or dying material shall be replaced for a period of seven years from the agreed date of planting. 8. Within a period of six months from the date of this permission a woodland and biodiversity enhancement and management scheme incorporating recommendations of the Bowland Ecology Survey dated April 2009 and the Lowther Forestry Group Arboricultural Survey dated 9 April 2009 received by the Local Planning Authority on 12.05.2009 shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the approved scheme shall be implemented in accordance with the approved details, frequencies and timescales and maintained as agreed for the duration of the development. For the avoidance of doubt this shall include: confirmation of the number, type and location of bird and bat boxes; identification of areas of beech trees for selective thinning and the timing that activity; a methodology of ditch diversion; a management regime for mowing in order to best ensure an improvement in species diversity. 9. The site operator/s shall keep precise records of the dates, times and the nature of shooting, the number of shooting participants and the number of clays launched. Such information shall be made available on request of the Local Planning Authority. 10. Within two months of the date of this permission stands 4 to 9 (inclusive) as shown on approved drawing X372/002 shall be fitted with timber acoustic enclosures with internal noise absorbent lining in accordance with the detail reference R0198/T10/SJW submitted to the Local Planning Authority on 25 August 2011 by Red Acoustics. The enclosures shall be maintained and retained for the duration of the development. 11. Noise from shooting activities shall not exceed a Shooting Noise Level of 65dB(A), as defined in Clay Target Shooting: Guidance on the Control of Noise; January 2003, by Chartered Institute of Environmental Health, on any day, at the boundary of Hesketh Lodge. Noise from shooting activities shall not exceed a Shooting Noise Level of 55dB(A), as defined in Clay Target Shooting: Guidance on the Control of Noise; January 2003, by Chartered Institute of Environmental Health, on any day, at any residential property on Guide Road.

Reasons

1. In order to avoid conflict with the Local Planning Authority's policy of strict control of development in the Green Belt and to ensure compliance with Policies DS2, EN9 and GD1 in the West Lancashire Replacement Local Plan, Policies GN1, EN2 and GN3 in the West Lancashire Local Plan Publication Document and the National Planning Policy Framework. 2. For the avoidance of doubt and to ensure compliance with the provisions of Policies DS2, GD1 and EN9 in the West Lancashire Replacement Local Plan Policies GN1, EN2 and GN3 in the West Lancashire Local Plan Publication Document and the National Planning Policy Framework. 3. To safeguard the amenity of properties in the locality and the area generally and so comply with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan Publication Document. 4. For the avoidance of doubt and to ensure compliance with the provisions of Policies GD1, EN1 and EN9 in the West Lancashire Replacement Local Plan and Policies GN3 and EN2 in the West Lancashire Local Plan Publication Document 5. To assimilate the proposed development into its surroundings and to ensure that the development complies with the provisions of Policy GD1 and DS2 in the West Lancashire Replacement Local Plan and Policies GN1 and GN3 in the West Lancashire Local Plan Publication Document 6. To safeguard the amenity of properties in the locality and the area generally and so comply with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan Publication Document. 7. To assimilate the proposed development into its surroundings and to ensure that the development complies with the provisions of Policies DS2 and GD1 in the West Lancashire Replacement Local Plan and Policies GN3 and GN1 in the West Lancashire Local Plan Publication Document 8. In the interests of nature conservation and to ensure compliance with the provisions of Policies EN1 and EN9 in the West Lancashire Replacement Local Plan and Policy EN2 in the West Lancashire Local Plan Publication Document. 9. In order to avoid conflict with the Local Planning Authority's policy of strict control of development in the Green Belt and to ensure compliance with Policies DS2, EN9 and GD1 in the West Lancashire Replacement Local Plan, Policies GN1, EN2 and GN3 in the West Lancashire Local Plan Publication Document and the National Planning Policy Framework. 10. To safeguard the amenity of properties in the locality and the area generally and so comply with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan Publication Document. 11. To safeguard the amenity of properties in the locality and the area generally and so comply with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan Publication Document.

Reason for Approval

1. The Local Planning Authority has considered the proposed development in the context of the Development Plan including in particular the following Policy/Policies in the West Lancashire Replacement Local Plan and West Lancashire Local Plan Publication Document:

DS2 – Protecting the Green Belt SC1 – Sports, Recreational, Leisure and Cultural Facilities EN1 – Biodiversity EN3 – Coastal Zone EN9 – Protection of Trees and Woodlands EN10 – Flood Risk

and

together with Supplementary Planning Guidance and all relevant material considerations. The Local Planning Authority considers that the proposal complies with the relevant Policy criteria and is acceptable in the context of all relevant material considerations as set out in the Officer's Report. This report can be viewed or a copy provided on request to the Local Planning Authority. No.7 APPLICATION NO. 2012/0692/FUL LOCATION Land Bounded By Ruff Lane And Scarth Hill Lane Edge Hill University St Helens Road Ormskirk Lancashire L39 4QP PROPOSAL Variation of condition no. 2 imposed on planning permission 2011/0504/FUL to vary phasing of development and consequential variation of condition nos. 3, 5, 17, 18, 19, 20, 21, 22, 28, 30 and 31. Variation of condition nos.14 (car parking management strategy) and 27 (use of new access) imposed on planning permission 2011/0504/FUL. APPLICANT Edge Hill University WARD Derby PARISH Unparished - Ormskirk TARGET DATE 20th September 2012

1.0 PREVIOUS RELEVANT DECISIONS

1.1 2012/0317/FUL GRANTED (29.05.2012) - Extension to existing theatre to provide new entrance, box office and landscaped external performance space.

1.2 2012/0178/FUL GRANTED (24.04.2012) - Extension to existing theatre to provide new social space, bar and meeting area and creation of a patio area facing the arboretum.

1.3 2011/1129/COU GRANTED (09.12.2011) - Retention of use of land for the temporary storage of clay, top-soil and sub-soil for a period of twelve months.

1.4 2011/1079/FUL GRANTED (29.02.2012) - Erection of student accommodation (384 units) comprising six separate three storey blocks including associated landscaping.

1.5 2011/0504/FUL GRANTED (27.02.2012) - Provision of new sports & recreation complex incorporating: erection of sports building and outdoor sports facilities, pitches and games courts, associated landscaping, lighting and boundary treatments. Formation of new signal-controlled junction with the A570 St Helens Road and internal access road to serve as the principal entrance to the whole campus. The provision of permanent car parking (708 from temporary to permanent and 230 new permanent spaces) and associated lighting and landscaping. Creation of woodland planting, wetland pond and trim-trail. Engineering works to re-profile the site and to facilitate the development. 1.6 2010/1028/FUL GRANTED (27.10.2010). Extension to entrance and provision of access ramp to gymnasium.

1.7 2010/0999/FUL REFUSED (15.10.2010). Use of land as a temporary car park.

1.8 2010/0786/FUL GRANTED (14.10.2010). Erection of new campus building. (the Hub).

1.9 2010/0526/FUL REFUSED (30.07.2010). Use of land as temporary car park.

1.10 2009/1151/FUL GRANTED (19.01.2010). Extension to provide new gym

1.11 2009/1052/FUL GRANTED (10.02.2010). Erection of student accommodation (144 units) comprising three separate blocks of between two and three storeys in height; associated access roads and landscaping.

1.12 2009/0606/FUL GRANTED (07.09.2009). Use of land for temporary car park.

1.13 2009/0605/FUL GRANTED (07.09.2009). Retention of existing temporary car park.

1.14 2009/0481/FUL GRANTED (07.09.2009). Erection of two storey facilities management and IT building together with stand-alone sub station. Associated car parking and landscaping.

1.15 8/2008/0460//FUL ALLOWED ON APPEAL (29.05.09). Demolition of 87 and 89 St Helens Road and erection of student accommodation (240 units) comprising four separate blocks of between three and four storeys in height; associated drop off and parking area and landscaping.

1.16 8/2007/1502/FUL GRANTED (21.02.2008). Erection of three-storey business school building.

1.17 8/2007/0834/FUL GRANTED (30.07.2007). Use of land for temporary car parking (501 spaces) and associated internal road improvements.

1.18 8/2006/0734 GRANTED (15.08.2006). Extension to existing car parking area and erection of bus shelter.

1.19 8/2006/0433 GRANTED (26.06.2006). Erection of two and three storey general teaching and learning building and associated lecture theatre. 1.20 8/2004/1259 GRANTED (13.12.2004). Erection of Performing Arts Centre consisting of 3 storey teaching block, additional storey above existing two storey Arts and Science building, link to existing Rose Theatre including main entrance area, foyer and ancillary accommodation.

1.21 8/2003/0413 GRANTED (22.05.03). Reserved Matters – Erection of part two storey/part three storey building for educational/teaching use.

1.22 8/2002/0200 GRANTED (13.02.03). Outline. Erection of three 2 – 3 storey buildings for educational/teaching use (including siting and means of access).

1.23 8/2002/0093 GRANTED (30.04.2002). Erection of three-storey building for teaching purposes & associated landscaping works.

1.24 8/2002/0087 GRANTED (16.05.2002). Creation of lake with associated groundworks; access road with car parking facilities; landscaping and mounding.

2.0 OBSERVATIONS OF CONSULTEES

2.1 ENVIRONMENTAL PROTECTION AND COMMUNITY SERVICES MANAGER (18.07.12) – Due to the proximity to local housing of the site and related noise issues emanating from the playing of competitive sports, recommends the planning conditions imposed on application 2011/0504/FUL should not be changed. That is that the hours of operating for artificial sports pitches should be 9am to 9pm on all days; and use of sports pitch floodlighting should only take place between 9am and 9pm all days.

(21.09.12) - The lighting is installed to light the pitches. Fast moving games require sufficient light and thus the lighting is angled down to take account of this. Lighting engineers try to ensure that light is not "wasted" lighting the side of the pitch etc. I appreciate that one of the pitches has moved, however, there is a good distance between this and the road. Our comments have been based on our assessment in relation to the domestic premises thus, given that there is a good distance between the columns and the properties, the lighting will be pointing towards the pitches, and there is a proposed finish time of 21.00 we consequently do not consider the proposals to be an issue for residents. With respect to lighting levels on Ruff Lane, the information from the applicant to support the latest application includes a prediction (from a computer model) of the levels of light on and around the pitches. This demonstrates an area (marked in red) where the direct influence of the floodlighting is predicted to cease. In summary (if the lights are installed in accordance with the manufacturers instructions), the prediction shows that there will be no lighting which directly reaches Ruff Lane. I have compared the two applications and the one from 2012 predicts that the direct influence of the lights is further away from Ruff Lane and is therefore an improvement on the previous application. 2.2 L.C.C HIGHWAYS (24.09.12) - No objections in principle to variation of conditions 3, 5, 8, 9, 14,17, 18, 19, 20 ,21, 30 and 31. For variation of condition 2 and consequential variation of condition 22 and condition 27 further information is required regarding details of temporary parking provision for both cycles and vehicles post completion of the sports phases and prior to the completion of phase 4 and details of how any effects on the local highway network caused by the re-phasing of the car parking facilities will be dealt with.

3.0 OTHER REPRESENTATIONS

3.1 SOUTH LATHOM RESIDENTS ASSOCIATION (27.07.12) – Object for the following reasons: - unacceptable changes are hidden amongst a plethora of time-related but relatively insignificant changes. - planning permission was only granted earlier this year against strong and widespread local opposition. - members of the public are disillusioned with the planning process, especially as it is being applied to Edge Hill. - concerns about the effects of lighting are real and substantial and SLRA are therefore opposed to the proposal to extend the hours of use of sports pitches, on the grounds that it would remove a vital element of protection for neighbouring residents, together with a wider area of West Lancs and for local wildlife. For the University to make such an application before the facilities have been operational is quite insulting. - so far as changing the positions of sports pitches is concerned, there is nothing essential caused by development phasing changes to merit such positional amendments to the plans. It is late in the day for Edge \Hill managers to have second thoughts about the layout and the proposals subject Ruff Lane to a wider frontage of illuminated pitches. - not opposed to changes of work sequences.

3.2 ORMSKIRK COMMUNITY PARTNERSHIP (30.07.12) – Object for the following reasons: - The original planning permission was supposed to be masterplanned and a number of conditions imposed on this permission should be adhered to in order to allay environmental and social concerns. It appears the original application is not the masterplanned one we were lead to believe. - the application seeks to realign an internal road “to improve student amenity in respect of the accommodation”. It is considered that realignment is not necessary. - the knock on effect of the realignment necessitates the reconfiguration of the full size synthetic hockey and football pitches. In the new proposals, both pitches have their long sides parallel to Ruff Lane, giving more pitch frontage and so illuminated area in front of Ruff Wood. - a further knock-on effect is that the 5-a-side pitch (also with lighting) is now positioned alongside one of the synthetic pitches and so too presents an illuminated frontage to Ruff Lane. - there is no justification to seek to reinstate a 10pm cut off time and vary conditions 8 and 9. - permission is also being sought to vary condition 14 which requires the submission and approval of a car parking management strategy prior to development and condition 27 to complete the car park before the new access is brought into use. Both of these conditions were deemed to be necessary by planners and Councillors and so to seek to vary them at this stage would appear to be unreasonable. - the alterations will have detrimental environmental and social consequences and will destroy the open aspect the University say is an important attribute of this locality.

3.3 27 letters of objection have been received to the proposal for the reasons summarised as follows: - mistakes in the ecological survey, which is now out-of-date. - impacts on Ruff Wood both on the wildlife in the woods and the enjoyment of the woods. - floodlighting will impact on neighbouring residents privacy. - University seeking to amend conditions without explanation. - Pitches are now nearer to houses than the original ones and this will increase noise and light to the houses. - road realignment is not necessary. - no reasons given about what the over-riding public need is when development impacts on a Biological Heritage site. - the amendment to the condition to complete the car park before the new access is brought into use should be refused as many of the points in supporting the original application were to improve traffic flow and no reasons are given why this should be amended. - the original acceptance of the plan was to minimise the effect on the landscape so changes to it should not be accepted as the plan has a major impact on the sight of the building and new location of lighting and times. - alterations are not minor and do not protect and enhance the environment around Ruff Wood. - longer frontage to Ruff Wood which will damage its habitat and is contrary to Policy EN1. - increased traffic along Ruff Lane. - increased noise and light pollution. - if new proposals approved, public’s confidence in planning would be undermined. - unacceptable for the University to now change the layout and vary the conditions. - car park management strategy should be approved before development. - unsightly tall floodlit poles. - harmful impact on the “heritage asset” of Ruff Wood and the Ruff Lane Conservation Area. - the facility will not be used much. - floodlights will be a dangers to drivers. - proposed metal fence around the boundary not in keeping with area. 4.0 SUPPORTING STATEMENT

4.1 The applicant has submitted the following supporting information which comprises the Environmental Assessment submitted with the original planning permission 2011/0504/FUL and includes a number of core reports with supporting appendices and technical reports, some of which have been updated since submission of the 2011/0504/FUL application. The core reports comprise:

- Planning Statement - Environmental Statement incorporating an Archaeological Assessment, Landscape and Visual Assessment, Noise and Vibration Assessment, Light Obtrusion Impact Assessment, Construction Management, Ecological Survey and Assessment, Flood Risk Assessment, Arboricultural Survey, Surface Water Resources Assessment, Ground Condition Survey, Air Quality Assessment and Socio-Economic and Community Impact Assessment. - Design and Access Statement - Transport Assessment - Traffic, Parking and Management Strategy - Park and Ride Appraisal - Agricultural land Classification Assessment - Sustainability Statement - Statement of Community Involvement - Utilities Statement - Foul Drainage Statement - Crime Impact Statement - Economic Impact report

4.2 The applicant has provided further supporting evidence in an e-mail dated 24th September 2012 to address concerns regarding the re-orientation of the synthetic hockey and football pitches, located to the north of the application site and the relocation of the synthetic 5-a-side MUGA to part of the application site which was originally envisaged to be a training area under the current planning permission. The additional supporting information can be summarised as follows:

4.3 Ecology - The ecological assessment was carried out by an experienced team of ecologists.

- The Environmental Statement submitted as part of the application was thorough and comprehensive. - With regards to bats, there have been many surveys undertaken within and near to the proposed development site in recent years. The results clearly show that the proposed development site is presently of very limited conservation interest for these animals, which is as expected given the habitat conditions. The fauna almost entirely comprising feeding/commuting Common Pipistrelles in small numbers (itself a very common species nationally). There is some small-scale concentration of feeding around the existing balancing pond within the development site, which will be retained fully within the scheme. The habitat created by the development will provide significant areas of good quality foraging habitat for bats, including significant new woodland planting and a new pond complex, whilst roosting opportunities will be provided in the new sport building by the incorporation of specialist bat roosting units (‘Schwegler 2FR Bat Tubes’). These matters are described clearly within the ES and the commitment to implement these measures have also been reaffirmed in the Biodiversity Management Plan that has been submitted for approval under planning condition 25 of the original planning permission.

- Concerning the impact of light upon Ruff Wood, the isolux contours of the original layout (Drawing No 60046525/SD/EX001 Rev A) show that the 0 Lux contour falls short of Ruff Wood by a minimum distance of about 10 m. The isolux contours for the revised layout (Drawing No 60046525/SD/EX001 Rev B) show that the 0 Lux contour falls short of Ruff Wood by a minimum distance of about 20 m. Therefore, the proposed development will have no effect on artificial light levels within Ruff Wood.

4.4 Noise from Sporting Activities The realignment and re-ordering of the sporting facilities to the north of the application site does not result in the facilities moving closer towards Ruff Wood or any residential properties. Although the proposals include the re-orientation of the proposed sports pitches, there has not been any increase in the total number of sports pitches. Therefore there is not expected to be any increase in the number of people using the sports pitches as a result of the proposed changes and so it is considered that the usage scenarios assessed in the ES are relevant and valid. The training pitch (which has now been replaced by MUGA) would have been used as such and therefore would have an associated noise activity through use – this was assessed in the original ES. The distance between sports pitches and the nearest noise sensitive receptors on Ruff Lane (Holly House and The Firs), Scarth Hill Lane and St Helens Road that were covered in the original ES has not changed significantly, and so the noise levels predicted at these residential properties as a result of activities on the sports pitches are still considered to be valid and the conclusions of the original ES are unchanged by the updated proposals. The proposals do result in the Multi-use Games Area (MUGA) being located closer to the properties 59, 61, 63 and 69 Ruff Lane. Based on the same methodology as outlined in the original ES, predictions have been made of the resultant noise levels of these properties on Ruff Lane when the MUGA pitches are in use. These results and conclusions do not differ to those set out in the original ES or ES update and the relocated MUGA would not result in significant noise disturbance over and above the approved scheme.

4.5 Light Obtrusion

Updated lighting assessment plans and an ES update confirming the existing ES conclusions remain have been submitted . The sports pitch lighting will utilise best available technology and has been designed in line with CIBSE Lighting Guide 4: Sports Lighting, which pitch floodlighting working independently from each other thereby allowing each court / pitch floodlighting to be switched off when not in use and further minimises obtrusive light and energy consumption. The sports pitch lighting will be controlled by time-clock and photocell and all columns will be hinged to enable quick and unobtrusive maintenance without the need for a mobile elevated work platform.

In respect of noise and light obtrusion, it is noted that the Council’s Environmental Health Officer has raised no objections to the current application subject to the existing planning conditions (numbers 8 and 9) which limits the operation of the synthetic pitches/floodlighting to 9.00pm.

5.0 RELEVANT POLICIES

5.1 National Planning Policy Framework (NPPF):

5.2 West Lancashire Replacement Local Plan: DS1 – Location of Development DS2 – Protecting the Green Belt GD1 – Design of Development SC1 – Sports, Recreational, Leisure and Cultural Facilities SC4 – Educational Facilities SC6 – Roads SC7 – Public Transport SC9 – Cycling and Walking Facilities SC10 – Infrastructure, Services and Utilities SC12 –Renewable Energy EN1 – Biodiversity EN2 – Protection of Agricultural Land EN6 – Archaeological Heritage EN9 – Protection of Trees and Woodland EN10 – Flood Risk EN11 – Protection of Water Resources 5.3 West Lancashire Local Plan 2012-2027 Publication Document: SP1 – A Sustainable Development Framework for West Lancashire GN1 – Settlement Boundaries GN3 – Criteria for Sustainable Development EC4 – Edge Hill University IF3 – Service Accessibility and Infrastructure for Growth EN2 – Preserving and Enhancing West Lancashire’s Natural Environment EN3 – Provision of Green Infrastructure and Open Recreation Space EN4 – Preserving and Enhancing West Lancashire’s Built Environment

Supplementary Planning Document – Design Guide (January 2008) Natural Areas and Areas of Landscape History Importance 2007

6.0 OBSERVATIONS OF BOROUGH PLANNER

The Site

6.1 Edge Hill University is located approximately 1km south east of Ormskirk Town Centre on the A570 St Helens Road. The existing campus is broadly rectangular in shape and comprises three main areas – the western campus mainly concealed from public view and landlocked by existing residential properties along St Helens Road and Ruff Lane and which includes modern academic buildings and student accommodation set amongst landscaped areas, the central campus containing the main 1930’s buildings and other academic and accommodation buildings which have been recently redeveloped, and the eastern campus which mainly includes engineered terraces and accommodates synthetic and natural playing pitches and campus car parking.

6.2 The 30ha site included in this application comprises the existing car parks located south east of the Forest Court Halls of Residence adjacent to the St Helens Road frontage, the grass rugby pitch on the south eastern side of the present playing field and also includes the wider agricultural land extending from the eastern boundary of the existing campus up to Scarth Hill Lane to the east, Ruff Lane to the north and St Helens Road along the southern boundary. It lies to the east of the existing hard surfaced tennis courts and the grass hockey pitches within the existing campus and within the Green Belt. It is important to note that the area of land which now includes newly built student accommodation blocks is excluded from the site.

6.3 The current application site is located upon a south facing slope which gently rises from St Helens Road up towards Ruff Lane. The majority of the land is arable agricultural land but contains a defined hedge along St Helens Road and a mature tree belt which at present denotes the eastern and northern spread of the existing campus. There are intermittent trees and hedgerows along the St Helens Road and Scarth Hill Lane road frontages but the site remains open along the Ruff Lane frontage. 6.4 Beyond the north boundary of the site and on the opposite side of Ruff Lane is Ruff Wood, an area of Council owned publicly accessible mixed woodland and Biological Heritage Site. There are also, to the north east edge of the site, detached dwellings between Ruff Lane and Vicarage Lane. Along Scarth Hill Lane are groups of dwellings interspersed with fields and at the southern-most corner of the site where Scarth Hill Lane meets St Helens Road, there is a cluster of residential properties and the prominent concrete water tower, a distinctive local landmark. On the opposite side of St Helens Road lies Rose Cottage and isolated farms and cottages with open agricultural fields beyond.

The Proposal

6.5 In 27th February 2012, planning permission was granted, subject to 31 conditions, for the redevelopment of this site (2011/0504/FUL) comprising, in essence:

- The provision of a new sports and recreation complex to serve both the University and the wider community set within an extensive landscape belt. - The formation of a new signal-controlled junction on the A570 St Helens Road and access road into the site to serve as the new principal entrance to the site. - The provision of permanent car parking. - Engineering and landscaping works.

6.6 It is now proposed to vary the existing planning permission through relatively minor alterations to the site layout along with a variation to the development's phasing programme. As a result this application seeks to vary the plans condition number 2, (which has an impact upon the wording of conditions 3,5,17,18,19,20,21,22,28,30 and 31) and to vary conditions 14 and 27. This application therefore seeks the following amendments to the approved scheme:

1. The re-alignment of the internal access road. 2. The re-configuration of the synthetic full size football and hockey pitches to the north of the site. The pitches will “swop” round and, whilst one pitch remains in the same position as previously approved, the other (hockey) pitch is rotated so that the “long” side fronts Ruff Lane. 3. The re-location of the synthetic 5-a-side football pitch to the north-west corner of the site (where a grass unlit training pitch was located under 2011/0504/FUL). 4. The re-location of the combined netball and tennis courts to where the synthetic 5-a-side football pitches were previously between the full size synthetic football pitch and the sports building. 5. Minor amendments to the internal entrance road design, landscaping and entrance signage and walls. 6. The variation of Condition 14 to require that a car park management strategy is submitted and agreed prior to occupation of the development, rather than the present requirement for the strategy to be submitted and agreed prior to the commencement of development. 7. The variation of Condition 27 to require that the car park be completed at a late stage in the construction programme, rather than before the new access is brought into use. 8. The revision of the original phasing plan, which was; Phase 1 – new entrance and upgrades to car park; Phase 2a – earthworks to establish pond/footpath/mounding and planting; Phase 2b – planting/meadow creation; Phase 2c – remove shelter belt; Phase 2d – synthetic pitches/natural pitches/planting and landscaping; Phase 3 – sports building. The proposed new phasing plan is: Phase 1 – new entrance, internal access road and development of synthetic 5-a-side pitch and full size synthetic hockey pitch, part of earthworks/mounding and landscaping; Phase 2 – earthworks, pond and installation of remaining 2 synthetic pitches, all other grass pitches, mounding, landscaping and trim trail; Phase 3 – sports building; Phase 4 – upgrades to car park.

NB The original proposal to extend the playing hours and floodlighting from 9am to 9pm to 9am to 10pm (Conditions 8 and 9) has now been deleted from this application.

Principle of Development

6.7 Since planning permission 2011/0504/FUL was granted for a very similar development on the site, the only material change in circumstance has been the publication of the National Planning Policy Framework (NPPF). The NPPF sets out a clear presumption in favour of sustainable development and whilst the protection of the Green Belt is also paramount, in my view, there is no significant change in policy considerations as a result of the publication of the NPPF than what was considered at the time of the original planning application. Furthermore, the details contained within the Draft NPPF were fully considered at that time. In addition, the Draft Local Plan, previously at Preferred Option stage, has progressed to the Publication stage and I consider this application is generally in accordance with the future aspirations of the Council as set out within this document. As such, I consider that the principle of the development has been established and I do not intend to re-visit this issue.

Re-alignment of internal access road

6.8 It is proposed to amend the internal road layout leading from the new access road along St Helens Road, past the proposed sports building, curving round the north side of the recently constructed student accommodation blocks and south of the proposed synthetic pitches, to end south of the proposed 5-a-side synthetic football pitch. Whilst the altered road alignment results in a knock on effect for some of the pitches, the amended form of the road in itself is considered to be a minor alteration which does not impact outside the site. It is not any wider or longer than that originally approved and therefore has no greater visual impact upon the surrounding area. I consider this aspect of the proposal acceptable. Re-configuration of the synthetic full size football and hockey pitches

6.9 It is proposed to “swop” round the full size synthetic pitches to the north of the site and, whilst one pitch remains in the same position as previously approved, the other (hockey) pitch is rotated so that the “long” side fronts Ruff Lane. Each of these pitches also contains 8no. 15m high floodlights. The proposed synthetic football pitch will be sited in the same position as the approved hockey pitch and as such, I consider there to be no further impact upon the area. However, the proposed hockey pitch, which will be sited on part of the footprint of the approved football pitch, will be re-orientated so that the “long” side of the pitch runs parallel with Ruff Lane, where previously only the “short” side of the pitch did. It is necessary to consider what, if any, further impact this has on the overall visual impact of the development, the impact upon neighbouring residents and the impact upon the adjacent BHS of Ruff Wood.

6.10 At its closest point, the proposed synthetic hockey pitch will be 40m from Ruff Lane and at is furthest point will be 60m; this compares to the approved respective distances of 40m and 50m. The revised position of the pitch is therefore no closer to Ruff Lane than the approved pitch. Although there will be more of the “long” side fronting Ruff Lane (approximately 30m more) this part of the pitch will be between 50m and 60m from Ruff Lane and will be set approximately 5m lower than Ruff Lane with an approximate 1.5m high mound and landscaping in between. Where there have been two approved 15m high floodlight stanchions closest to Ruff Lane, there will be four. I am satisfied that there would be no significant visual impact of the proposed amended pitch layout upon the surrounding area and whilst I acknowledge that two of the floodlight stanchions would be closer to Ruff Lane than is the case in the approved scheme, again, I do not consider the visual impact to be so significant to warrant refusal.

6.11 Noise from sporting activities associated with the proposed development is considered to be significant in terms of its impact upon the closest residential properties to the site and to the peaceful enjoyment of Ruff Wood. No detailed standard exists for the assessment of noise from sporting activities but it is generally considered to be impulsive and includes shouts and whistles. In consideration of the approved scheme, measured noise data for sports activities was assessed to predict the impact upon the nearest noise sensitive dwellings, the nearest of which, at that time, was on Ruff Lane at a distance of approximately 90m from the closest sports pitch, on Scarth Hill Lane it was 78m from the closest sports pitch and on St Helens Road was 70m from the closest sports pitch. The proposals include raised earthworks around the perimeter of the site to provide some acoustic and visual screening of the proposed repositioned pitches and due to the sloping site, the pitches lie at a lower level to Ruff Lane. 6.12 Taking this into account, noise data was originally modelled in line with different scenarios for the use of the pitches. Predicted noise levels from the synthetic hockey and football pitches, although audible at 90m, fell below the identified maximum noise criterion required to preserve conditions suitable for rest or sleep, in accordance with BS8233 and World Health Organisation guidelines. As the closest residential property to the revised position of the hockey pitch, 63 Ruff Lane is approximately 135m from this pitch, which is much further than the 90m already assessed as being acceptable, provided the hours of use and lighting of this pitch remain as per the approved scheme (until 9pm on any day) then, as confirmed by the Council’s Environmental Health Officer, I am satisfied that the re-positioned pitch will not result in any significant noise disturbance to nearby residents over and above that approved such to warrant refusal of the revised application.

6.13 Turning to the impact upon the adjacent BHS of Ruff Wood, concern has been expressed that the original ecological information was incorrect and that there would be an adverse impact upon the biodiversity of Ruff Wood due to the close proximity of floodlights, particularly with reference to bats and their commuting paths. The original ecological surveys were carried out on the site in 2009/2010. These surveys indicated that the site is relatively low in ecological value, having been farmed for a number of years. The existing hedgerows and pond area, whilst providing some habitat value, are not species-rich and the site does not support any protected species, although the pond provides a locally important bat feeding area and Common Toads and the trees and hedgerows support a typical breeding bird community. The revised proposals do not include built form on any previous area of agricultural or landscaped land but merely re-position pitches on, or close to approved pitches. As such, I am satisfied that there is no materially different impact on the biodiversity of the site itself over and above that which has previously been considered and found to be acceptable. The substantial new planting with the creation of mixed woodland on currently arable land, the creation of a new pond complex, wildflower grassland and the creation of swales in order to promote biodiversity was previously welcomed by English Nature and is in accordance with Policy EN1 of the Local Plan. Overall, on the site itself, it is considered that the proposal will provide a net benefit to biodiversity and nature conservation.

6.14 The main cause of concern is the additional impact the re-positioning of the pitches and their associated floodlighting will have upon the adjacent BHS at Ruff Wood. Within Ruff Wood there is record of at least one red squirrel sighting and three nearby. Light pollution by spillage from sports floodlighting onto Ruff Wood has the potential to reduce the quality of this habitat for wildlife species such as bats. However, the revised position of the pitches results in no increase in artificial light levels within Ruff Wood as demonstrated by the assessment carried out by the applicant, which indicates that the amount of light trespass, sky glow and building luminance is well within best practice with lux levels at the boundary of the site being the same on the proposed plans as the approved scheme. Whilst the lighting columns themselves will be clearly visible, the amount of luminance and sky glow (due to use of best available lighting technology) will not significantly impact upon the biodiversity of Ruff Wood. 6.15 Furthermore, additional areas of woodland are proposed along the northern boundary of the site, which at present contain no such areas, and will provide a habitat link across to Ruff Wood. As such, in terms of the ecological value of Ruff Wood, I am satisfied that there will be no undue harm caused to protected species. To ensure that the biodiversity value of the site is enhanced and maintained, it is recommended that a condition be imposed, as was the case with the previous application, which requires submission of a Landscape and Biodiversity Management Plan.

Re-location of the synthetic 5-a-side football pitch

6.16 It is also proposed to relocate the approved 5-a-side synthetic football pitch to the north-west corner of the site, upon which a grass training pitch was approved under 2011/0504/FUL. The 5-a-side pitch includes 8no 10m high floodlit stanchions. Again it is necessary to consider whether or not this element of the amended application results in any significant harm to visual amenity, residential amenity or biodiversity. The overall extent of the playing pitches does not encroach westwards beyond that approved under 2011/0504/FUL, nor does the proposed 5-a-side pitch extend any closer to Ruff Lane. The main issue is therefore whether or not the use of floodlights on this pitch, where the approved schemes shows none, is acceptable visually and also upon the adjacent BHS, and whether or not the resultant noise from the synthetic pitch is likely to be significantly worse than noise generated from use of the approved grass pitch such that it would be detrimental to residential amenity.

6.17 The floodlights are 10m high approximately 60m from Ruff Lane and the base of the lighting stanchions approximately 5m lower than Ruff Lane. The proposed floodlights will be no closer to Ruff Lane than any of the approved floodlights. I consider that as only 5m of the floodlights will be above existing road level at a distance of 60m away and seen against the background of other floodlights and recently constructed three storey student accommodation blocks and mature trees to the west and south, the visual impact of the re-located 5-a-side pitches will be limited and not significantly worse than the scheme approved. Furthermore, in terms of the additional impact upon neighbouring properties, particularly 63 Ruff Lane 100m away, whilst I acknowledge that there will be an increased occurrence of noise in the evenings in the winter months (due to a floodlit pitch), as stated in paragraph 6.12, in my view, provided hours of use are restricted to 9pm, the increased noise impact would not be so significant to warrant refusal of the application in this instance.

6.18 With regards the impact of this amendment to the approved scheme upon the adjacent BHS of Ruff Wood, I would re-iterate paragraphs 6.13, 6.14 and 6.15. I would also draw attention to observations from the Council's Environmental Protection and Community Services Manager who confirms that the direct influence of the proposed floodlighting is further away from Ruff Lane in this scheme than the approved scheme. Re-location of the combined netball and tennis courts

6.19 It is proposed to re-locate the combined netball and tennis courts to where the synthetic 5-a-side football pitches were previously approved, between the full size synthetic football pitch and the sports building. The netball/tennis pitch includes 10no. 12m high floodlights. This alteration is considered minor as the netball/tennis court will be sited upon the land approved to be used as a 5-a-side football pitch with 10m high floodlights and no part of the re-located pitch is any closer to the boundaries of the site.

Amendments to the internal entrance road design, landscaping and entrance signage and walls.

6.20 The amendments to the internal entrance road are considered to be minor in nature, relating mainly to materials and position of the entrance wall and sign, which is to be 1.6m high incorporating brick with a granite coping and a smooth natural stone finish to the element of the entrance wall containing the Edge Hill sign and emblem. I am satisfied with the design and appearance of this element of the amended scheme and consider it will not have a discernable impact upon the surrounding area from that originally approved.

Variation of Condition 14 to require that a car park management strategy is submitted and agreed prior to occupation of the development, rather than the present requirement for the strategy to be submitted and agreed prior to the commencement of development.

6.21 This condition has now been discharged (2012/0683/CON) and a satisfactory car park management strategy has been approved in consultation with LCC Highways. This will be implemented upon use of the new access.

Variation of Condition 27 to require that the car park be completed at a later stage in the construction programme, rather than before the new access is brought into use.

6.22 It is intended that the full size car park will be available for use as soon as the new access is brought into use; however, it is proposed that it is not surfaced and marked out until the end of the construction/phasing programme. Provided that the car park is useable and monitored in accordance with the approved Car Park Management Strategy, then I am satisfied that sufficient car parking will be readily available for use once the new access is brought into use. However, I consider it important to ensure that the car park is properly laid out, surfaced and marked out prior to occupation of the final built phase of the development, the sports building. Revision of the original phasing plan

6.23 The approved development included a phasing plan which identified the following phases of development: - Phase 1 – new entrance and upgrades to car park; - Phase 2a – earthworks to establish pond/footpath/mounding and planting; - Phase 2b – planting/meadow creation; - Phase 2c – remove shelter belt; - Phase 2d – synthetic pitches/natural pitches/planting and landscaping; - Phase 3 – sports building.

6.24 It is now proposed to amend this to the following: - Phase 1 – new entrance, internal access road and development of synthetic 5-a-side pitch and full size synthetic hockey pitch, part of earthworks/mounding and landscaping; - Phase 2 – earthworks, pond and installation of remaining 2 synthetic pitches, all other grass pitches, mounding, landscaping and trim trail; - Phase 3 – sports building; - Phase 4 – upgrades to car park.

6.25 Whilst it would have been preferable to ensure all earthworks, mounding and planting were carried out prior to any built form or laying out of pitches, in view of the scale of the development proposed, it is not unreasonable for phasing to ensure that any present facilities lost to previous developments on the campus are decanted/replaced as soon as possible, as is the case with the hockey pitch whilst also minimising construction traffic disruption and pedestrian/vehicle conflict around the accommodation blocks. I would, however, require that the upgrade to the car park is undertaken prior to the occupation of the sports building and would therefore restrict the occupation of Phase 3 until Phase 4 is completed.

Summary

6.26 It is disappointing that the University have chosen to amend the approved development on this part of the campus so soon after the granting of the planning permission 2011/0504/FUL. However, whilst this may appear to some as so unreasonable in itself to warrant refusal of the current proposal, it is imperative that each aspect of the amendments is carefully considered against the approved scheme. Only where significant changes are proposed which result in unacceptable harm should the application be refused. I have found there to be no such materially unacceptable impacts of the revised proposal such to warrant refusal of the application and consider the proposed revised development compliant with the NPPF and all relevant Local Plan policies. 7.0 DEPARTURE APPLICATION

7.1 In my view this proposal is considered to include alterations to the approved development that do not fundamentally alter the principle of the development in the Green Belt. Since the previous application has already been referred to the Secretary of State who did not “call-in” the application, I consider referral unnecessary in this instance if the Council is mindful to grant approval.

8.0 RECOMMENDATION

8.1 That planning permission be GRANTED subject to the following conditions:

Conditions

Turley Associates Site Location Plan Ref: EDGM2004 received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 024 (Masterplan) received by the Local Planning Authority on 20th June 2012.

Milieu Landscape Design Drawing No 08 Rev A (Trial Hole Locations) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 09 Rev A (Trial Hole Depth Charts) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 12 Rev B (Layout) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 13 Rev B (Layout) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 14 Rev B (Layout) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 15 Rev B (Layout) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 16 Rev B (Layout) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 17 Rev A (Layout-Piazza) received by the Local Planning Authority on 26th April 2011. Milieu Landscape Design Drawing No 18 Rev A (Layout-Pond Area) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 25 Rev A (Design Sections) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 27 Rev - (3D Sketch Design) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 28 Rev C (Planting Layout) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 29 Rev C (Planting Philosophy) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 30 Rev A (Car Park Detail and Tree Planting) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 32 Rev A (Indicative Cut _ Fill Layout Plan) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 33 Rev A (Cut _ Fill Cross Sections) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 34 Rev A (Cut _ Fill Cross Sections) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 37 Rev A (Synthetic _ General Surface Details) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 38 Rev A (Synthetic Pitch & Fencing/gate Details) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 39 Rev A (Landscape Structures) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 40 Rev - (Eastern campus interim plan) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 41 Rev (Existing and Proposed landscape Profiles) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 01-8_01 Rev B (Masterplan-Circulation) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 01-8_02 Rev C (Masterplan-Boundary Treatments) received by the Local Planning Authority on 26th April 2011. Milieu Landscape Design Drawing No 01-8_03 Rev B (Masterplan-Planting) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 01-8_04 Rev C (Masterplan-Biodiversity) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 01-8_05 Rev B (Masterplan-Hard finishes) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 023 (Development Phasing) received by the Local Planning Authority on 20th June 2012.

Milieu Landscape Design Drawing No 01-8_07 Rev D (Tree and Hedgerow losses) received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No 01-8_11 Rev A (Keyplan) received by the Local Planning Authority on 26th April 2011.

ABW Architects Ltd Drawing No. 3615 PL001, 2,3,4,5,6,7,8,9, (building plans) received by the Local Planning Authority on 26th April 2011.

ABW Architects Ltd Drawing No. 3615 PL003 received by the Local Planning Authority on the 17th June 2011. Lancashire County Council Drawing No. 16191/01/RevA (general arrangement and location plan) received by the Local Planning Authority on 26th April 2011.

Savell Bird _ Axon Drawing No. N91627-PL020 received by the Local Planning Authority on 26th April 2011.

Milieu Landscape Design Drawing No. 005 Rev A (Phase 1 Layout Drawing Sheet 1) received by the Local Planning Authority on 20th June 2012.

Milieu Landscape Design Drawing No. 006 Rev A (Phase 1 Layout Drawing Sheet 2) received by the Local Planning Authority on 20th June 2012.

Milieu Landscape Design Drawing No. 019 Rev C (Entrance Walls Design Layout) received by the Local Planning Authority on 17th September 2012.

Milieu Landscape Design Drawing No. 021 Rev A (Entrance Sign Detail) received by the Local Planning Authority on 20th June 2012.

Milieu Landscape Design Drawing No. 022 (Parkland Fence) received by the Local Planning Authority on 20th June 2012.

AECOM Proposed External Lighting Layout Drawing Number SD/EX001 Rev B received by the Local Planning Authority on 18th September 2012.

AECOM Post Curfew External Lighting Layout Drawing Number SD/EX002 Rev B received by the Local Planning Authority on 18th September 2012. 3. No part of the sports building hereby permitted (as defined on approved phasing plan Ref. 023 as phase 3) shall be constructed until full details and samples of brickwork, cladding and roofing materials have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 4. No development shall take place until a Method Statement detailing measures to be taken during construction to protect the health of the existing trees has been submitted to and approved in writing by the Local Planning Authority. The measures contained in the approved Method Statement shall be fully implemented during construction. 5. Prior to each phase of development as defined by the approved phasing plan (Ref. 023), a landscaping scheme for that phase shall be submitted to and approved by the Local Planning Authority. The landscaping scheme shall show the location, branch spread, and species of all existing trees and hedges; the location, species and number of all proposed trees, shrubs and hedges; and the location of all existing and proposed grassed and hard surfaced areas. Trees and shrubs planted shall comply with BS.3936 (Specification of Nursery Stock) and shall be planted in accordance with BS. 4428 (General Landscaped Operations). The landscaping scheme shall also set out a timetable for implementation. The approved scheme shall be carried out in full accordance with the approved details. All planting shall be maintained and dead or dying material shall be replaced for a period of seven years from the agreed date of planting. 6. No development shall take place until a scheme for the disposal of foul and surface water and for the installation of oil and petrol separators in car parking areas has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved. 7. No development shall take place on the site until the applicant, or their agent or successors in title, has secured the implementation of a programme of archaeological work. This must be carried out in accordance with a written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority. 8. The artificial sports pitches shall only be used between the hours of 09.00 to 21.00. 9. The use of all sports pitch floodlighting shall only take place between the hours of 09.00 to 21.00 10. No development shall take place until a scheme for the construction of the site access has been submitted to, and approved in writing by the Local Planning Authority. 11. No part of the development shall take place until a scheme for the provision, operation and maintenance of permanent traffic counters at all points of access/egress to the University has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the mechanism to provide the traffic counters, details of location, maintenance, and liability and all data collected shall be recorded and supplied to West Lancashire Borough Council on an annual basis. The agreed scheme shall be implemented and retained thereafter. 12. No part of the development hereby approved shall be occupied/operational until the approved scheme referred to in Condition 10 has been constructed and completed in accordance with the scheme details. 13. No part of the development hereby approved shall be occupied/operational until the approved scheme referred to in Condition 11 has been constructed and completed in accordance with the scheme details. 14. No part of the development hereby approved shall be occupied/operational until a Car Park Management Strategy has been submitted to, and approved in writing by, the Local Planning Authority. The Strategy shall include all areas of parking, maximum duration of stay, where appropriate and onsite parking enforcement. Car park layouts shall include the appropriate number of spaces for motorised and non motorised vehicles and user types and agreed numbers shall not be exceeded. The car parking management strategy shall be carried out in accordance with the approved details. 15. Prior to construction a Construction Plan shall be submitted to, and approved in writing by, the Local Planning Authority. The Plan shall include the method and details of construction, including vehicle routing to the site, vehicle cleaning and construction traffic parking. The approved Construction Plan shall be implemented and adhered to during the construction of the development. 16. Prior to the first use of the development, a delivery, collections and servicing strategy shall be submitted to and approved in writing by the Local Planning Authority. The agreed strategy shall be implemented as such thereafter and the servicing/refuse areas shall be kept free at all times. 17. Prior to the commencement of phase 2 of development: (i) A detailed assessment of ground conditions of the land proposed for the sports facility shall be undertaken (including drainage and topography) to identify constraints which could affect playing field quality; and (ii) Based on the results of this assessment to be carried out pursuant to (i) above of this condition, a detailed pitch specification to ensure that the playing fields will be provided to an acceptable quality shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be complied with in full prior to commencement of the remainder of the permitted development. 18. Prior to the occupation of the final sports phase of development (as defined on approved phasing plan Ref. 023 as phase 3), a Management and Maintenance Scheme for a period of 10 years to include measures to ensure the replacement of all artificial surface/s within the next 10 years and, management responsibilities, a maintenance schedule and a mechanism for review shall be submitted to and approved in writing by the Local Planning Authority. The measures set out in the approved scheme shall be complied with in full, with effect from commencement of use of the development. 19. Prior to the occupation of the final sports phase (as defined on approved phasing plan Ref. 023 as phase 3), details of the design and layout of all indoor and outdoor sports facilities as shown on drawing number 024 Masterplan, which shall comply with Sport England/NGB Technical Design Guidance Notes), shall be submitted to and approved in writing by the Local Planning Authority. The indoor and outdoor sports facilities shall be constructed in accordance with the approved design and layout details. 20. Prior to the occupation of the final sports phase (as defined on approved phasing plan Ref. 023 as phase 3), a Sports Development Programme shall be submitted to and approved in writing by the Local Planning Authority, which secures the delivery of the proposals for sport development set out in the planning application and includes a mechanism for review. The Programme shall be carried out and implemented in full in accordance with the approved details. 21. Prior to the occupation of the final sports phase (as defined on approved phasing plan Ref. 023 as phase 3), a Community Use Agreement shall be submitted to and approved in writing by the Local Planning Authority. The Agreement shall include details of pricing policy, hours of use, access by non-college users, management responsibilities and include a mechanism for review. The approved Agreement shall be implemented upon commencement of use of the development. 22. Prior to the occupation of the final sports phase (as defined on approved phasing plan Ref. 023 as phase 3), a scheme for the provision of cycle stands and cycle- route sign posting throughout the campus shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented upon commencement of use of the sports building. 23. The development shall be implemented in strict accordance with the details of levels, including the finished floor levels of all buildings, as indicated on the approved plans. 24. Lighting of the development hereby approved shall be in accordance with the details specified within paragraphs11.25 and 11.33 of the Environmental Statement, Volume 1 and Plan Refs: AECOM 60046525/SD/EX001 Rev B; AECOM 60046525/SD/EX002 Rev B received on 18th September 2012; CU Phosco Lighting LS6321-1-3; CU Phosco Lighting LS6321-2-1; CU Phosco Lighting LS6321-3-2 and CU Phosco Lighting LS6321-4-1; received by the Local Planning Authority on 26th April 2011, in particular and in accordance with paragraph 11.32, the lighting installed shall be automatically switched off at, or prior to the curfew imposed by Condition 9 of this planning permission. 25. The ecological mitigation measures shall be implemented in accordance with the specifications contained within paragraphs 14.74 to 14.86 of Volume 1 of the Environmental Statement and Plan REFs: MLD_0916_1.8-4 Rev C (Biodiversity) received by the Local Planning Authority on 26th April 2011. 26. No development shall commence until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall indicate the mitigation measures required to protect the water environment and include measures to control and manage silt- laden runoff and mud deposition on local roads and minimise the use of herbicides. Development shall be carried out in accordance with the approved plan thereafter. 27. Prior to occupation of Phase 3 (as defined on approved phasing plan Ref. 023), the car park indicated on plan ref:MLD-0916 RevA shall be laid out, surfaced and marked out in accordance with the details provided on that plan and shall be maintained as such thereafter. 28. Prior to the occupation of the final sports phase (as defined on approved phasing plan Ref. 023 as phase 3), a Biodiversity Management Plan shall be submitted to and agreed in writing by the Local Planning Authority. The agreed Plan shall be implemented thereafter. 29. The public pedestrian access and trim trail indicated on Plan Ref MLD_0916 RevH shall be constructed in accordance with the approved plan, prior to the sports pitches in phase 2 being brought into use and shall thereafter be retained. 30. Prior to the occupation of the sports phase of the development (as defined on approved phasing plan ref. 023 as phase 1, 2 and 3) a revised Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include details of the revised Traffic and Parking Management Strategy. The approved travel plan shall be implemented in accordance with the timetable contained therein. The agreed Travel Plan shall be reviewed annually thereafter and any revisions agreed in writing with the Local Planning Authority. Records of implementation shall also be made available annually to the Local Planning Authority. 31. Notwithstanding the approved plans and prior to the sports phase being brought into use (as defined on approved phasing plan ref. 023 as phase 1, 2 and 3) a post and rail fence and hedgerow shall be provided at the boundary of the site fronting Scarth Hill Lane and Ruff Lane, the details of which shall be submitted to and approved in writing by the Local Planning Authority. The fence and hedge shall be provided in accordance with the approved details.

Reasons

1. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. 2. For the avoidance of doubt and to ensure compliance with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 3. To ensure that the external appearance of the building(s) is satisfactory and that the development therefore complies with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 4. To safeguard the health of the trees and so ensure that the proposed development complies with the provisions of Policy EN9 in the West Lancashire Replacement Local Plan and Policies GN3 & EN2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 5. To assimilate the proposed development into its surroundings and to ensure that the development complies with the provisions of Policy DS2 in the West Lancashire Replacement Local Plan and Policy GN1 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 6. To prevent pollution of water resources in accordance with Policy EN10 and EN11 of the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 7. To ensure and safeguard the recording and inspection of matters of archaeological/historical importance associated with the site and in accordance with policy EN6 of the West Lancashire Replacement Local Plan and EN2 in the West Lancashire Local Plan 2012-2027 Development Plan Document – Publication Document. 8. In the interests of residential amenity and to comply with Policy GD1 of the West Lancashire Replacement Local Plan and GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document – Publication Document.. 9. In the interests of residential amenity and to comply with Policy GD1 of the West Lancashire Replacement Local Plan and GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document – Publication Document.. 10. In order to satisfy the Local Planning Authority and the Highway Authority that the final details of the highway scheme/works are acceptable before work commences on site in accordance with Policy SC6 and GD1 of the West Lancashire Replacement Local Plan and Policy IF2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 11. In order to satisfy the Local Planning Authority and the Highway Authority that the final details of the scheme are acceptable before work commences on site in accordance with Policy GD1 and SC6 of the West Lancashire Replacement Local Plan and Policy IF2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 12. In order that the traffic generated by the development does not exacerbate unsatisfactory highway conditions in advance of the completion of the highway scheme/works in accordance with Policy GD1 and SC6 of the West Lancashire Replacement Local Plan and Policy IF2 in the West Lancashire Local Plan 2012- 2027 Development Plan Document - Publication document. 13. In order that the traffic generated by the development can be fully monitored in advance of the completion of the highway works and to ensure that the business case of no impact is reasonable, justified and the development does not exacerbate unsatisfactory highway conditions in accordance with Policy SC6 of the West Lancashire Replacement Local Plan and Policy IF2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 14. To allow for the effective and efficient use of the existing parking areas, and to maintain flow of traffic on local roads when the development is operational in accordance with Policy GD1 of the West Lancashire Replacement Local Plan and Policy IF2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 15. To maintain the operation of local streets and the through routes in the area during construction in accordance with Policy GD1 of the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 16. In order to maintain flow of traffic on local roads when the development is operational in accordance with Policy GD1 of the West Lancashire Replacement Local Plan and Policy IF2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 17. To ensure that site surveys are undertaken for new or replacement playing fields and that any ground condition constraints can be and are mitigated to ensure provision of an adequate quality playing field and to accord with the National Planning Policy Framework (NPPF). 18. To ensure that new facilities are capable of being managed and maintained to deliver a facilities which are fit for purpose, sustainable and to ensure sufficient benefit of the development to sport (National Planning Policy Framework (NPPF))

Informative: It is strongly recommended that the ground condition survey, pitch specification, maintenance and management scheme is undertaken by a specialist turf grass consultant. 19. To ensure the development is fit for purpose, subject to high quality design standards and sustainable and to accord with the National Planning Policy Framework (NPPF). Informative: Technical Design Guidance can be found on Sport England’s website http://www.sportengland.org/facilities__planning/design_and_cost_guidance.aspx 20. To secure sufficient benefits to the development of sport and to accord with the National Planning Policy Framework (NPPF). 21. To secure well managed safe community access to the sports facility, to ensure sufficient benefit to the development of sport and to accord with the National Planning Policy Framework (NPPF). Informative: A model Community Use Agreement can be found on Sport England’s website http://www.sportengland.org/support__advice/building_schools_and_sport/acces sing_school_facilities.aspx 22. To allow for the effective and efficient use of cycling facilities within the campus in accordance with Policy GD1 of the West Lancashire Replacement Local Plan and Policy IF2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 23. To ensure that the external appearance of the building(s) is satisfactory and that the development therefore complies with the provisions of Policy GD1 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 24. To ensure that the external appearance of the land is satisfactory and that the development therefore complies with the provisions of Policy DS2 in the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 25. To safeguard protected species and biodiversity value of the site and so ensure that the development complies with the provisions of Policy EN1 in the West Lancashire Replacement Local Plan and Policy EN2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 26. To safeguard protected species and biodiversity value of the site and so ensure that the development complies with the provisions of Policy EN1 in the West Lancashire Replacement Local Plan and Policy EN2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 27. To allow for vehicles visiting the site to be parked clear of the highway and to assimilate the new car parking areas within the site and to ensure that the development complies with the provisions of Policy SC6 in the West Lancashire Replacement Local Plan and Policy IF2 in the West Lancashire Local Plan 2012- 2027 Development Plan Document - Publication document 28. To safeguard the biodiversity of the site and so to ensure that the development complies with the provisions of Policy EN1 in the West Lancashire Replacement Local Plan and Policy EN2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 29. To assimilate the proposed development into its surrounding and to ensure incorporation of facilities for pedestrians and to ensure that the development complies with the provisions of Policies DS2 and SC9 in the West Lancashire Replacement Local Plan and Policy IF2 in the West Lancashire Local Plan 2012- 2027 Development Plan Document - Publication document. 30. In order to ensure the development addresses the sustainability of the site and to ensure compliance with Policy SC6 in the West Lancashire Replacement Local Plan and Policy IF2 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document. 31. In order to deter parking along Scarth Hill Lane and Ruff Lane in the interests of highway safety and to ensure compliance with Policy SC6 of the West Lancashire Replacement Local Plan and Policy GN3 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document.

Reason for Approval

West Lancashire Replacement Local Plan: DS1 – Location of Development DS2 – Protecting the Green Belt GD1 – Design of Development SC1 – Sports, Recreational, Leisure and Cultural Facilities SC4 – Educational Facilities SC6 – Roads SC7 – Public Transport SC9 – Cycling and Walking Facilities SC10 – Infrastructure, Services and Utilities SC12 –Renewable Energy EN1 – Biodiversity EN2 – Protection of Agricultural Land EN6 – Archaeological Heritage EN9 – Protection of Trees and Woodland EN10 – Flood Risk EN11 – Protection of Water Resources West Lancashire Local Plan 2012-2027 Publication Document: SP1 – A Sustainable Development Framework for West Lancashire GN1 – Settlement Boundaries GN3 – Criteria for Sustainable Development EC4 – Edge Hill University IF3 – Service Accessibility and Infrastructure for Growth EN2 – Preserving and Enhancing West Lancashire’s Natural Environment EN3 – Provision of Green Infrastructure and Open Recreation Space EN4 – Preserving and Enhancing West Lancashire’s Built Environment

No.8 APPLICATION NO. 2012/0780/FUL LOCATION Gerard Hall Prescot Road Aughton Ormskirk Lancashire L39 6TA PROPOSAL Temporary siting of a 50m high meteorological mast. APPLICANT Empirica Investments Limited WARD Aughton And Downholland PARISH Aughton TARGET DATE 9th October 2012

1.0 REFERRAL

1.1 This application was to be determined under the Council’s delegation scheme, however, Councillor Mrs. Atherley has requested it be referred to the Committee to consider the impact of the development on the visual amenity of the area.

2.0 PREVIOUS RELEVANT DECISIONS

2.1 2010/0981/FUL REFUSED (15.11.2010) - Erection of a 5kw wind turbine on a 12m high hinged tower. That decision was appealed and ALLOWED (29.06.2011).

3.0 CONSULTEE RESPONSES

3.1 NATS (12.09.12) – no safeguarding objections 3.2 Aughton Parish Council (18.09.12) – objects

Members considered the proposal would be grossly obtrusive in this location. An organised site visit was considered desirable to allow members of the Planning Committee to assess the impact on the landscape, visual amenity and residential amenity.

4.0 OTHER REPRESENTATIONS

4.1 One letter from nearby residents received objecting on following grounds:

Adverse impact on the visual amenity of the green belt particularly in combination with the existing wind turbine and railway mast. Existing turbine very visible.

Potential threat to the wintering wildfowl and spring nesting birds that use this farm land.

5.0 SUPPORTING INFORMATION

5.1 The following documents have been submitted in support of the application:

Landscape and Visual Impact Assessment Design and Access Statement

6.0 LOCAL PLAN ALLOCATION

6.2 The site is designated as DS2 – Green Belt in the West Lancashire Replacement Local Plan.

Relevant West Lancashire Replacement Local Plan Policies DS2 – Green Belt SC12 – Renewable Energy GD1 – Design of Development

6.3 Relevant West Lancashire Local Plan (2012-2027) Publication Document Policies GN1 – Settlement Boundaries GN3 – criteria for Sustainable Development EN1 – Low Carbon Development and Energy Infrastructure EN2 – Preserving and Enhancing West Lancashire’s Natural Environment 7.0 SUMMARY OF ISSUES

The Site

7.1 The application site lies within the north-western corner of an agricultural field in an area of low undulating open agricultural fields. The location is approx. 750 m west of Prescot Road, 255 m east of the Ormskirk-Kirkby railway line, 200 m north of footpath 17 and 270 m south of footpath 18. The site is within the Green Belt.

The Proposal

7.2 The application seeks the construction of a 50 metre high meteorological monitoring mast secured by guy-lines. The mast is a slimline 165 mm diameter steel pole with small-scale monitoring equipment mounted on perpendicular arms of 1.5 metres in length at various heights. Temporary planning permission is sought for a period of up to 12 months.

Principle of Development

7.3 Policy DS2 Protecting the Green precludes development within the Green Belt which is considered inappropriate unless very special circumstances can be demonstrated. Wind turbines and monitoring masts are not listed amongst the types of development identified as appropriate in the Green Belt. The development is therefore, by definition, harmful to the Green Belt.

7.4 Policy SC12 in the WLRLP indicates that proposals for renewable schemes will be approved provided that they do not have an adverse impact on the character and value of the landscape and on areas of natural and built heritage, including their settings and meet other polices set out in the plan.

7.5 The NPPF (paragraph 91) discusses renewable technologies within the Green Belt and confirms that they may represent inappropriate development - which has been identified in this case. The Framework advises of the need to demonstrate very special circumstances and such circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources.

Very Special Circumstances and Impact on Green Belt

7.6 Only where very special circumstances exist and those circumstances outweigh any harm to the Green Belt will the proposal be in line with adopted planning policies. In assessing the case for very special circumstances the environmental benefit of the sustainable generation of energy as supported by guidance contained in the NPPF and Local Plan Policies SC12 and GD1 is considered sufficient to achieve this. This was confirmed in the appeal decision referred to above. 7.7 The need to increase renewable energy sources in the local area and nationally is paramount. Whilst in this instance the proposed development will not result in the production of any renewable energy it will facilitate consideration of whether or not this particular area is suitable for future wind energy developments. This end development would help to reduce carbon emissions and to provide energy to feed into the national grid and thereby contribute to the need to increase renewable energy sources in the local area and nationally.

7.8 In respect of the resultant harm, this is limited to the extent of the development and its visual impact on the locality. The siting of the mast lies outside any recognised quality landscape designations and the relatively remote location ensures that most views from public vantage points are over long distances where the impact of the development is seen within the panoramic scale of the landscape – and therefore very limited. The slimline structure, the grey colour finish and its static nature ensure that it does not unduly draw the eye and, whilst it will be visible, it affords no visual weight. Given the temporary nature of the structure, the reversibility of the development and its limited visual impact I consider the harm to the openness and visual amenity of the Green Belt is limited and conclude that that harm is outweighed by the circumstances stated.

Impact upon other land uses

7.9 The nearest residential properties lie some 500 metres away from the site; whilst no significant noise generation results or is anticipated from the structure this is more than sufficient distance to ensure no noise nuisance will result in terms of wind whistle or the anemometer elements. As described above, the development will not be injurious to visual outlook.

7.10 The development is unlikely to have any significant impact on the surrounding agricultural land uses; whilst it may cause operational difficulty to tending the field using large machinery due to the guy lines this is a problem for the applicant and not a significant planning concern.

Other Impacts

7.11 The structure has little impact on the ground on which it stands, which in any case is managed agricultural land with very limited habitat value. Given the static nature of the structure it is not envisaged that birds and bats will be adversely affected and I am therefore satisfied no significant impact will result in this respect.

Summary

7.12 In summary, I consider the development aligns with the relevant West Lancashire Replacement Local Plan Policies and national guidelines and therefore recommend that a temporary planning permission be granted. 8.0 RECOMMENDATION

That temporary planning permission be GRANTED subject to the following conditions:

Conditions

1. The development must be begun not later than the expiration of three years beginning with the date of this permission. 2. This permission is valid for a limited period only expiring on the date twelve calendar months from the first date of its erection on the site. The Local Planning Authority shall be notified in writing of that date before works take place on the site and acknowledge it in writing. After the stated period the structure hereby authorised shall be removed from the site and the land reinstated unless a further permission for this development has been granted by the Local Planning Authority. 3. The development hereby approved shall be carried out in accordance with details shown on the following plans:- Plan references 50m Meteorological Mast Revision 2 and site location plans (x2) received by the Local Planning Authority on 16 July 2012.

Reasons

1. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990. 2. The application seeks temporary planning permission for the term specified. 3. For the avoidance of doubt and to ensure compliance with the provisions of Policies DS2 and GD1 in the West Lancashire Replacement Local Plan and Policies GN1, GN3 and EN1 in the West Lancashire Local Plan 2012-2027 Development Plan Document - Publication document.

Reason for Approval

DS2 - Green Belt SC12 - Renewable Energy GD1 - Design of Development

and

GN1 - Settlement Boundaries GN3 - Criteria for Sustainable Development EN1 - Low Carbon Development and Energy Infrastucture together with Supplementary Planning Guidance and all relevant material considerations. Whilst the Local Planning Authority recognises that the proposal does not fully comply with Policy/Policies DS2 in the West Lancashire Replacement Local Plan it feels that special circumstances exist, namely the production of renewable energy. It is considered that these special circumstances justify approval of the application as set out in the Officer's report. This report can be viewed or a copy provided on request to the Local Planning Authority.