planning committee 21/04/2015 moss nook, …moderngov.sthelens.gov.uk/documents/s43888/moss...

Planning Committee 21/04/2015

P/2011/0058

NO: P/2011/0058 LOCATION: MOSS NOOK, WATERY LANE, ST HELENS PROPOSAL: Application under S73 to vary conditions 4, 33, 34, 35

and 36 and remove conditions 31 and 32 attached to planning permission P/2003/1574 in order to revise the parameters plan and the highways requirements associated with it. Alteration to the S106 Obligation to remove reference to the Blockworks, as well as replacing some Schedules with conditions, and providing more flexibility. Also delete conditions 7 and 20 and vary conditions 8, 26, 37 and further vary conditions 33, 35 and proposed condition 38.

WARD: Town Centre PARISH: N/A CASE OFFICER: Johndaniel Jaques AGENT(S) / APPLICANT(S):

BANKS PROPERTY LTD, (MR JUSTIN HANCOCK), INKERMAN HOUSE, MEADOWFIELD, DURHAM, DH7 8XL

DEVELOPMENT PLAN ALLOCATION:

Part area specific allocation that indicates safeguarded land to include a significant element of residential development; part greenway; part open space (private recreation facility and publicly available open space), part unallocated; identified strategic footpath and cycleway; identified site of community wildlife interest – banks of Sutton Brook.

BACKGROUND PAPERS: See Section 4 Policy Context See Section 5 Consultation Responses See Section 6 Representations Application file P/2003/1574

REPRESENTATIONS: 6 objections received RECOMMENDATION: Grant planning permission subject to the successful

completion of a planning obligation pursuant to section 106 of the Town and Country Planning Act 1990 and conditions.

/ 1 APPLICATION SITE 1.1 The application relates to a large site located between Parr and Sutton

Village. It covers 54.19 hectares. The majority is previously developed land. Areas surrounding the site 1.2 To the north of the site is relatively high density residential development,

predominantly on Cromdale Grove and Fleet Lane. Also to the north/north west is Parr Industrial Estate, being separated from the application site by Sutton Brook.

1.3 To the east of the application site is again relatively high density residential

development, specifically on Meadow Lane and Pool End. St Cuthberts School and playing fields are also adjacent. The school itself fronts Berrys Lane. Housing located on the the former Sutton Rolling Mill site is located to


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the east. Sutton Brook and Sutton Oak Primary School occupy the remainder of the area.

1.4 To the south is predominantly industrial and commercial development on

Worsley Brow and Sutton Road. This area includes Virridor Richardsons at the junction between Sutton Road and Lancots Lane. There is also some vacant land located off Sutton Road. Beyond is the former railway line and Hayes Chemicals. To the south west is Morrisons Supermarket.

1.5 To the west of the site is commercial and industrial development. There is

also a small area of residential development fronting Sutton Road and Bentinck Street.

The Application Site

1.6 A number of uses characterise the application site itself, although much of it is vacant. The majority of the site has been occupied in the past by a number of potentially contaminative uses including railway lines, a chemical works, coal pit, colliery and concrete pipeworks. There are also two former landfills recorded within the site, but these are thought not to be within 500 metres of the boundaries.

1.7 There are three areas of existing residential development within the site that

are not included in the proposals. These are: a row of seven dwellings on Watery Lane; two dwellings on Oak Street; and a larger area of housing fronting Morris Street. All are located within the south of the site. To the south and south east of dwellings on Watery Lane is an area developed for surface water attenuation of the site, with an area of open space on the other side of Sutton Brook.

1.8 Since the last report to Committee the concrete blockworks factory located in

the north eastern part of the site has been demolished. A former United Utilities depot fronts Sutton Road in the south of the site and appears to be vacant. A BT Depot that is in use is located to the south west of the site, also fronting Sutton Road.

1.9 Beechams playing fields are located to the north west of the site, and at

present are used by Penlake Football Club. An area of informal open space is located in the north of the site, facing dwellings on Cromdale Grove, but is separated from the rest of the site by Sutton Brook. There is however a bridge that provides a physical link.

1.10 Land levels vary across the site. In general, the site generally slopes upwards

away from Sutton Road and Watery Lane, with a particularly sharp change in levels to the rear of the United Utilities site and dwellings on Oak Street. There is a depression within the centre of the site. Other areas, such as the existing playing fields, the open space at Cromdale Grove and the blockworks are generally flat.

1.11 There are a number of groups of trees on the site. The main groups can be

found mainly in and around the areas of open space, specifically Cromdale Grove, Beechams playing fields, and open space to the south east of Watery Lane. There is also tree planting along the Watery Lane and Sutton Road frontages of the site.


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2 BACKGROUND 2.1 Members may recall that planning permission was granted on this site on the

18th July 2007 by the Secretary of State following an Inquiry held in November 2006. Permission was granted subject 42 conditions and to a planning obligation pursuant to section 106 of the Town and Country Planning Act 1990, that was agreed between the parties. The proposal was a hybrid, with planning permission granted as follows:

� Outline planning permission, with all matters reserved, for residential

development and commercial uses as follows: - Residential development of a maximum of 1200 dwellings; - Provision of 2.7 hectares of usable open space in areas of not less

than 1.5 hectares within the main residential area; and - Commercial development located to the south of the spine road

adjacent to the junction with Morrisons roundabout.

� Full planning permission for the demolition of existing buildings, provision of sports and recreation facilities, access roads and associated infrastructure, engineering works and open space, as follows: - Spine road running east to west, creating a t-junction with Watery lane

and linking into the existing Morrisons Roundabout; - spine road running north to south from east west described above; - Provision of formal playing pitches on the existing open space at

Cromdale Grove to compensate for the loss of the Beechams playing fields, including the provision of changing facilities and car parking, with access through the site;

- Sutton Brook retained as open space with a footway/cycleway developed adjacent; and

- Area between Sutton Brook and Watery Lane to the south of the site to be developed as surface water attenuation.

2.3 It was envisaged that the development would take place in three phases.

Phase 1 would be the residential development of the area between Sutton Road, Watery Lane and the new east-west spine road, the commercial area, the surface water attenuation scheme, and the replacement pitches at Cromdale Grove. Phase 2 would be residential development of the Beechams playing fields and the area to the north of the site between Sutton Brook and the blockworks. Phase 3 was to be those sites not yet within the applicant’s ownership including the BT Depot and the Blockworks.

2.4 Following the grant of planning permission, the applicant discharged pre-

commencement conditions and implemented the full permission in relation to the remediation and regrading of the site in relation to phase 1 of the development it being that part of the site closest to Watery Lane. The surface water attenuation ponds at Watery lane have also been constructed.

2.5 The original application was accompanied by an Environmental Statement.

Prior to the submission of this application, a screening opinion was submitted to determine whether a further Environmental Statement should be submitted. The Council formally determined that it was not required.

2.6 Following the original application, the applicant applied under this application

(P/2011/0058) for alterations to conditions. This was considered by Planning Committee previously on 26th April 2011, who resolved to grant permission


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subject the successful completion of a S.106 planning obligation and conditions.

2.7 The site is highlighted in the Liverpool City Region strategic Local Investment Plan as a major housing site and identified as a large scale stalled site within the City Region. The Council has been working with the Local Enterprise Partnership, Housing and Communities Agency and the Housing and Spatial Planning Board to try to kick start development on site, but unfortunately, it has not progressed.

2.8 In addition, the applicant has not been able to get the owners of the former Blockworks land to sign the S106 obligation. Also the applicant has set out the following issues that have prevented them bringing further development forward on the site.

2.9 The original S106 obligation indicated that 10% of the housing should be affordable. However, as costs have increased and house values reduced the position is that costs of bringing the site forward exceed the value of the land. Therefore the applicant considers that there is very limited prospect of the viability of later phases to enable significant levels of affordable housing. However, the applicant has suggested that a phased approach to viability could be employed, whereby affordable housing requirements could be re-appraised before each phase of the development comes forward.

2.10 They have requested that a number of elements of the S106 Obligation are instead dealt with by condition, and that triggers within a number of conditions are relaxed so that it is easier for them to progress development. Specific details are set out in section 3 below.

3 THE APPLICATION

3.1 The application is made in accordance with section 73 of the Town and

Country Planning Act 1990, which allows the determination of applications without compliance with conditions previously attached. In this case, the applicant has requested that further consideration is given to the following matters:

Alterations to S106

Schedule 4 – Transport measures 3.2 Requests that this can be altered to allow procurement of a bus service once

dwellings within 400m walking distance of bus stops on Sutton Road or Watery Lane plus 50 dwellings have been constructed instead of provision of the bus service prior to occupation of the 100th house.

Schedule 5- Provision of maintenance of open space

3.3 The developer requests that part 1 relating to the management of open space (excluding water attenuation areas) is replaced by condition and reference to the Blockworks is removed. Paragraph 2 which relates to long term management of the Water Attenuation Area is to be retained within the S106.


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Schedule 6 – Affordable housing 3.4 This is to be removed from S106 and dealt with by condition. This would allow

agreement on a phased basis on the need for and viability of affordable housing, with a maximum of 10% overall being affordable.

Schedule 7 – Commercial Area

3.5 The applicant requests that this is removed from the S106 and dealt with by condition. Further it should refer to the Commercial Area being developed prior to the occupation of the 700th dwelling instead of completion of the 900th dwelling.

Schedule 8 – Site Liaison Committee

3.6 It is proposed by the applicant that this is replaced by a condition.

Schedule 9 – Council’s Covenants 3.7 The developer asks if paragraph 1 should be removed, as landscaping is to

be dealt with by condition. Additional Schedule - Adaptive Procedures Scheme 3.8 This relates to condition 35 which deals with a Highway Improvement

Scheme at Sutton Road/Sherdley Road/Marshalls Cross Road/Peasley Cross Lane junction. It requires the payment of £25,000 towards undertaking the Scheme.

Alterations to Conditions Condition 7 – Hays Chemicals Hazardous Substances Consent 3.9 Delete the condition as the Hays Chemicals Hazardous Substances Consent

has been formally rescinded. Condition 8 – Design Brief 3.10 The applicant requests that reference to eco-housing is removed, as this is

dealt with in other legislation. Condition 20 – Site Waste Management Plans 3.11 The applicant asks if these are still relevant. Condition 26 – Habitat Creation and Management Plan 3.12 This plan may need to be reviewed and updated, so would like to see the

condition providing for this.

Condition 33 – Roundabout junction on Watery Lane 3.13 This originally related to visibility splays from the spine road along Watery

Lane but the Highways Advisor recommended that this was altered to refer to the construction of a roundabout junction on Watery Lane in accordance with details that had been provided. Planning Committee at its meeting of 26th April 2011 agreed that was appropriate. The applicant considers designing this would be costly, and it would help if it could be moved further back in the programme.


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Condition 35 – Highway Improvement Scheme at Sutton Road/Gaskell Street/Jackson Street junction

3.14 The design of this would be costly and it would help the applicant if it could be moved further back in the programme.

Condition 37 – Scheme for controlled pedestrian/cycle crossing on Sutton

Road 3.15 The design of this would be costly and it would help the applicant if it could be

moved further back in the programme.

Condition 38 – Scheme for new footway between spine road and Watery Lane

3.16 The routing of the footpath on Watery Lane could depend on the outcome of CPO processes so it would help the applicant if it could be moved further back in the programme.

4 POLICY CONTEXT 4.1 The application has been considered having regard to Article 1 of the First

Protocol of the Human Rights Act 1998, which sets out a persons rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.

4.2 This application has been considered in relation to Section 17 of The Crime

and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme, but no comments have been received.

4.3 The application has been considered in accordance with the St Helens

Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.

4.4 Section 38(6) of Planning and Compulsory Purchase Act 2004 (2004 Act)

requires, where an accepted or approved development plan contains relevant policies, that an application for planning permission or an appeal shall be determined in accordance with the plan, unless material considerations indicated otherwise. The development plan for the area comprises the adopted Core Strategy (2012) and the saved policies of the adopted St Helens Unitary Development Plan (1998)

St Helens Core Strategy

4.5 The following policies are relevant in this case:

• CSS 1 – Overall Spatial Strategy • CIN 1 – Meeting St Helens’ Infrastructure Needs • CSD 1 – National Planning Policy Framework – Presumption in

Favour of Sustainable Development • CAS 1 – St Helens Core Area Strategy


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• CP 1 – Ensuring Quality Development in St Helens • CP 2 – Creating an Accessible St Helens • CH 1 – Meeting St Helens’ Housing Requirements • CH 2- Meeting St Helens’ Housing Needs • CQL 3 – Biodiversity and Geological Conservation

St Helens Unitary Development Plan (1998)

4.6 The following policies are relevant in this case:

• GEN 6 – Incidental Open Space Provision

National Planning Policy Framework 4.7 The National Planning Policy Framework (NPPF) is a material consideration

in planning decisions. Paragraph 14 sets out that there is a presumption in favour of sustainable development. This means where development proposals accord with the development plan they should be approved without delay.

4.8 Paragraph 19 says that significant weight should be placed on the need to

support economic growth through the planning system. 4.9 The NPPF promotes sustainable transport; the delivery of a wide choice of

high quality homes; good design; healthy communities, and seeks to meet the challenge of climate change, flooding and coastal change.

4.10 Paragraph 206 of the National Planning Policy Framework states “Planning

conditions should only be imposed where they are:

necessary; relevant to planning and; to the development to be permitted; enforceable; precise and; reasonable in all other respects.”

4.11 The policy requirement above is referred to in this guidance as the six tests. Planning Practice Guidance 4.12 The Planning Practice Guidance sets out that:

The objectives of planning are best served when the power to attach conditions to a planning permission is exercised in a way that is clearly seen to be fair, reasonable and practicable.

4.13 It also sets out that Section 70(1)(a) of the Town and Country Planning Act

1990 enables the local planning authority in granting planning permission to impose “such conditions as they think fit”. This power must be interpreted in light of material factors such as the National Planning Policy Framework, this supporting guidance on the use of conditions, and relevant case law.


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5 CONSULTATIONS 5.1 The Council’s Highways Planning Advisor raises no objections to the

proposed alterations 5.2 Merseytravel raises no objections to the principles of the proposed

alterations. 6 REPRESENTATIONS 6.1 The application was publicised by neighbour notification letter. 6 objections

have been received, which raise the following concerns:

• Schedule 5- Maintenance of open space - If the Blockworks are removed from the plans how can the site accommodate 900 houses? The remaining site would not be large enough to accommodate all these houses.

• Schedule 6 – Affordable housing – Being replaced with a condition. This was dealt with at the Public Inquiry in 2006 in great detail. The area is in desperate need of affordable housing.

• Schedule 8 - Site Liaison Committee - Being replaced by a condition.

There is no reason for any change. The Liaison Committee should not be removed. It was set up as part of the Public Inquiry in 2006. Banks agreed to keep the Committee informed of any changes or works, which has not happened. The Committee meetings are well attended and give residents the ability to raise matters that impact on them. Banks do not seem to act on basic requests for action, hence this amendment.

• Condition 38 – Scheme for new footway between the spine road and Watery Lane

7 PLANNING HISTORY 7.1 The following application is of relevance:

P/2003/1574 Outline planning permission, with all matters reserved, for residential development and commercial uses; Full planning permission for the demolition of existing buildings, provision of sports and recreation facilities, access roads and associated infrastructure, engineering works and open space. Granted by Secretary of State 18th July 2007.

P/2011/0058 Application under S73 to vary conditions 4, 33, 34, 35 and 36

and remove conditions 31 and 32 attached to planning permission P/2003/1574 in order to revise the parameters plan and the highways requirements associated with it. Planning Committee resolved to grant subject to conditions and the completion of a S106 Obligation 26th April 2011.


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8 ASSESSMENT 8.1 Committee considered the original application and resolved to grant it subject

to conditions and the completion of a S106 Obligation. However, as set out earlier the applicant has not been able to get the owners of the former Blockworks land to sign the S106 obligation. Although technically Committee would be revisiting the considerations that were considered previously when the application went before it in April 2011, this report does not set out this again. Instead the previous report is appended to this report.

8.2 Therefore this report provides detailed consideration of the further issues as

described in the second paragraph of the description of the development. For the sake of clarity that is:

Alteration to the S106 Obligation to remove reference to the Blockworks, as well as replacing some Schedules with conditions, and providing more flexibility. Also delete conditions 7 and 20 and vary conditions 8, 26, 37 and further vary conditions 33, 35 and proposed condition 38.

8.4 The Town and Country Planning Act 1990 states that when considering an

application made under section 73, a local planning authority shall consider only the question of the conditions subject to which planning permission should be granted. What this means is that the merits of the development as a whole cannot be considered, only the conditions that were attached to the original grant of planning permission. Refusal of the application does not mean that the development does not go ahead, it means that it has to proceed in relation to the conditions as originally attached.

8.5 On this basis, it is appropriate to consider whether the changes proposed to

the S106 Obligation and conditions are acceptable. Each can be considered in turn.

S106 Obligation

Schedule 4 – Transport measures 8.6 Currently the S106 requires the developer to agree with a transport operator

to provide a bus service from the land to both St Helens town centre and St Helens Junction railway station which would come into operation prior to the occupation of the 100th dwelling. In the event that the services could not be procured, the S106 Obligation allowed for payment to be made to enable the Council to procure such services.

8.7 In addition a sum of £15,000 was to be paid to enable the provision of a

cycleway to St Helens Junction railway station prior to the occupation of the 100th dwelling. This sum is now £19,545.

8.8 This proposal would alter the S.106 Obligation to allow the developer to

consult with the Council and Merseytravel regarding the most appropriate and cost effective means of providing bus service(s) between the site and St Helens town centre and either St Helens Junction railway station or Lea Green station.


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8.9 Payment is to be made to the Council once dwellings within 400m walking distance of bus stops on Sutton Road or Watery Lane plus 50 dwellings have been constructed.

8.10 Both Merseytravel and the Highways Planning Advisor consider that it is

reasonable to alter the requirements of the Schedule to enable procurement of a bus service later in the development process. The development would still provide a suitable bus service in accordance with Policy CP 2 of the adopted Core Strategy.

Schedule 5 - Provision of maintenance of open space 8.11 Part 1 of this Schedule requires the developer and the blockworks to either

offer open space areas for the price of £1 to the Council within 12 months of the completion of landscaping works, or they would manage the open space and play areas until such time as a Management Company was established to maintain the land. Part 2 relates to the long term management of the Water Attenuation Area is to be retained within the S106.

8.12 In terms of part 1 this is to be reworded to enable a scheme of phasing to be

submitted to the Council for the transfer of open space and play areas to a Management Company, prior to the occupation of any dwelling in each phase. Management of these areas shall remain the responsibility of the developer until the Management Company becomes responsible. This means that the Council would no longer be taking on the long term responsibility of open space and play areas. This is in accordance with Policy GEN 6 of the adopted UDP.

8.13 Objectors have raised the issue that the Blockworks are to be removed from

the plans. Whilst reference to the Blockworks is proposed to be removed from a revised condition (condition 40 as proposed), the Blockworks would still be within the application site as defined by the red line, with the ultimate aim being that the Blockworks would come forward for housing in the future.

Schedule 6 – Affordable housing 8.14 This is to be removed from S106 and dealt with by condition. It is particularly

difficult to assess the viability of a scheme of this size which is mainly in outline, and over time whether the scheme can afford to provide affordable housing may change. Therefore it is reasonable for a condition to be applied to allow agreement on a phased basis on the need for and viability of affordable housing, with a maximum of 10% overall being affordable. The proposed condition is proposed to be written to ensure that if earlier phases of the development are not viable enough to provide affordable housing, later phases would be able to make up such shortfalls if it would be viable to do so up to the maximum of 10%. This would be in accordance with Policy CH 2 of the adopted Core Strategy.

8.15 Objections have been received on the basis that affordable housing would not

be sought from the development. In line with Government guidance the developer would only have to provide affordable housing if it is viable to do so. The alteration to the condition provides the developer with a certain amount of flexibility. It may be the case that in the future the housing market would improve and therefore the development would become more profitable allowing up to 10% affordable housing to be provided in total across the site.


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Schedule 7 – Commercial Area 8.16 The applicant requests that this is removed from the S106 and dealt with by

condition. Given that the overall number of dwellings to be provided on the site has been reduced from 1200 to 900, it is reasonable that the Commercial Area should be developed prior to the occupation of the 700th dwelling instead of completion of the 900th dwelling.

Schedule 8 – Site Liaison Committee

8.17 There is no reason why this should not be controlled by condition. It is good practice that conditions should be used rather than planning obligations where possible. Indeed the Planning Practice Guidance indicates that in cases where a planning objection could be overcome equally well by imposing a condition on the planning permission or by entering into a planning obligation, the local planning authority should use a condition.

8.18 Some objections raise that the Liaison Committee should not be removed. To

clarify it would not be removed or disbanded.

Schedule 9 – Council’s Covenants 8.19 The developer asks if paragraph 1 should be removed. Given that it refers to

the open space and formal play areas being handed over to the Council, which would not happen as they would be managed by a Management Company, it is considered that this paragraph should be removed.

Additional Schedule - Adaptive Procedures Scheme 8.20 This relates to condition 35 which deals with a Highway Improvement

Scheme at Sutton Road/Gaskell Street/Jackson Street junction and requisite road safety audit. It requires the payment of £25,000 towards undertaking the Scheme. This is to be retained as part of the S106 Obligation.

Conditions

Condition 7 – Hazardous Substances Consent 8.21 Condition 7 restricted the number of dwellings that could be erected within the

middle consultation zone around the former Hays Chemicals Site which was designated as Hazardous Substances Installation. However, its status as this has now been rescinded so it is no longer relevant. Therefore the condition is no longer needed and can be deleted.

Condition 8 - Eco-homes 8.22 Condition 8 required a Design Brief to be agreed that included the provision of

eco-housing. The Code for Sustainable Homes replaced EcoHomes for the assessment of ‘new’ housing. Policy CP 1 of the adopted Core Strategy requires new developments to meet particular Code for Sustainable Homes Levels subject to viability. However, these requirements have been moved to the Building Regulations and therefore it is not considered that it is necessary to apply them under the planning permission.


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Condition 20 – Site Waste Management Plans 8.23 The applicant has queried whether these are still relevant. Although the Joint

Waste Local Plan refers to these being submitted for schemes, it is considered that given they are dealt with under other legislation, requiring one would be ultra vires. Therefore it is considered appropriate that the condition is deleted.

Condition 26 – Habitat Creation and Management Plan 8.24 The applicant says that this plan may need to be reviewed and updated, so

would like to see the condition providing for this. Although the condition recommended to Committee on 26th April 2011 referred to a specific plan that needed to be implemented, it is considered that providing the applicant with more flexibility would be reasonable. Therefore the condition is to be worded so as to refer to the original plan or other plan that has been agreed.

Condition 33 – Roundabout junction on Watery Lane

8.25 This now relates to the construction of a roundabout junction, as a condition relating to this was approved by Planning Committee at its meeting of 26th April 2011. The condition requires no development, except for site preparation to take place until a scheme for the roundabout and requisite road safety audit has been approved. The applicant considers designing this would be costly, and it would help if it could be moved further back in the programme. The Highways Planning Advisor does not have any issues with this and therefore the submission of this scheme is to be moved back to before the new site junction on Sutton Road serves more 300 occupied units, with implementation to be in accordance with a phasing plan that is to be agreed under condition 8. It is considered that this would accord with Policy CP 2 of the adopted Core Strategy.

Condition 35 – Highway Improvement Scheme at Sutton Road/Gaskell

Street/Jackson Street junction 8.26 Originally this scheme was to be submitted prior to the commencement of

development and implemented before completion of the 200th dwelling. When this application was before Committee on 26th April 2011, implementation was agreed to be on or before completion of the 300th dwelling. The applicant says that fully designing this scheme would be costly and therefore has asked if it could be moved further back in the programme. The Highways Planning Advisor does not have any issues with this and therefore the submission of this scheme is to be moved back to before occupation of the 150th dwelling with implementation before occupation of the 300th dwelling. It is considered that this would accord with Policy CP 2 of the adopted Core Strategy.

Condition 37 – Scheme for controlled pedestrian/cycle crossing on Sutton

Road 8.27 Originally this scheme was to be submitted prior to the commencement of

development and implemented before completion of the 200th dwelling. The applicant says that fully designing this scheme would be costly and therefore has asked if it could be moved further back in the programme. The Highways Planning Advisor does not have any issues with this and therefore the submission of this scheme shall be moved back to before occupation of the 150th dwelling with implementation before occupation of the 255th dwelling. It is considered that this would accord with Policy CP 2 of the adopted Core Strategy.


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Condition 38 – Scheme for new footway between spine road and Watery Lane

8.28 This condition was an additional condition that was to be attached following consideration of the application by Committee on 26th April 2011. The condition required no development (except site clearance and remediation) to take place until a new footway between the spine road and the existing adopted footway of Watery Lane to the north of the site was submitted to and approved by the Council. It was then to be implemented in accordance with a phasing plan that was to be agreed. Again the applicant has requested that this could be moved further back in the programme because the routing of the footpath on Watery Lane could depend on the outcome of CPO processes.

8.29 The Highways Planning Advisor does not have any objections to this and

therefore it is considered that it would be appropriate for such a scheme to be submitted before either of the new site junctions on Sutton Road (at its junction with Baxters Lane) and Watery Lane serve more than 300 occupied units. In terms of its construction this would be in accordance with a phasing plan to be agreed. It is considered that this would accord with Policy CP 2 of the adopted Core Strategy. An objection has been received to this condition but it is not precise about what it is objecting to. The condition is required as recommended by the Highways Planning Advisor. If it was not included the development would not be acceptable.

9 CONCLUSIONS 9.1 The proposed changes to S 106 Obligation and the conditions would provide

more flexibility to the applicant and are acceptable in the local and national planning policy.

10 RECOMMENDATION 10.1 Grant planning permission subject to the successful completion of a planning

obligation pursuant to section 106 of the Town and Country Planning Act 1990 and the following conditions. For information, that part of the development for which full planning permission has been granted has been implemented in part such that a time limit condition is not considered necessary. Some other conditions attached to the original grant of planning permission have been omitted or changed because some requirements have been met or because they have been discharged. This has meant that the numbering has changed. A number of additional conditions are also attached.

TIME LIMIT – OUTLINE PERMISSION 1. In relation to that part of the proposal for which outline planning permission is

hereby granted approval of details of (a) siting, (b) design, (c) external appearance (including materials of construction and their colour), (d) means of access, (e) landscaping (including walls and fences) of the site (herinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced. The development shall not be carried out other than in accordance with the approved details.

2. Application for approval of the reserved matters for each phase of the

development shall be made to the local planning authority before the expiration of seven years from the date of this permission. Any phase of the


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development hereby permitted shall be begun not later than whichever is the later of the following dates: a. Five years from the date of this permission. b. Two years from the date of the approval of the last of the reserved

matters to be approved for that phase of the development DEVELOPMENT PARAMETERS 3. The development shall be carried out in accordance with the parameters plan

drawing no HJB/PA511/226a, including Table 3/1 schedule of development. 4. The commercial area shall include uses within the following use classes: A1,

A2, A3, A4, A5, B1a, B1, C3 and D1. The commercial area (local centre) shall contain no more than 200 square metres of retail floor space.

5. The residential development shall incorporate not less than 2.7 hectares of

public open space laid out in areas of not less that 0.15 hectares. DESIGN BRIEF 6. No development, except for site preparation (including site clearance,

remediation, spine roads and associated drainage infrastructure) shall take place until a Design Brief, has been submitted to and approved in writing by the Council as Local Planning Authority. The reserved matters shall be designed in accordance with the approved Design Brief.

PHASING OF DEVELOPMENT

7. Notwithstanding the agreed phasing plan, no development shall take place

until further details of the phasing of the development have been submitted to and approved in writing by the Council as Local Planning Authority. Such details shall include: a plan indicating the division of the development of the site into phases; a schedule indicating when construction on each phase is expected to start and finish. The development shall not be carried out other than in accordance with the approved phasing plan unless otherwise approved in writing by the Council as Local Planning Authority.

LANDSCAPING & OPEN SPACE 8. No development, except for site preparation (including site clearance,

remediation, spine roads and associated drainage infrastructure), shall take place until full details of all proposed landscaping and planting within that phase of development have been submitted to and approved in writing by the Council as Local Planning Authority. The submitted details shall include a programme of implementation of the works and details of proposed finished levels or contours; surface treatments; means of enclosure; minor artefacts and structures (eg furniture, play equipment, refuse or other storage facilities, signs, lighting etc.); proposed and existing functional services above and below ground eg drains, electricity, gas, communications cables, pipelines etc indicating manholes, supports etc). No works shall be carried out other than in accordance with the approved details and the approved programme.

9. Soft landscape works shall include planting plans and written specifications

(including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed


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planting number/density and an implementation programme for the proposed works. No landscape works shall be undertaken other than in accordance with the approved details.

10. If, within a period of five years from the date of planting any tree and the said

tree or tree planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes seriously damaged or defective, another tree of the same species and size (where practicable) as that originally planted shall be planted at the same place, unless the Council as Local Planning Authority, gives written approval to any variation.

11. Applications for reserved matters for each phase of housing development

shall include details of proposed provision of public open space in accordance with condition 5.

12. The proposed sports pitches in the Cromdale Grove Recreation Ground

shown on the parameters plan drawing no HJB/PA511/226a shall be laid out and constructed in accordance with details which shall first have been submitted to and approved in writing by the Council as Local Planning Authority. The approved details shall include details of pitch construction, seeding and drainage, proposed finished contours including landscape mounds) landscaping and planting details and means of enclosure of the pitches. The development shall not be carried out other than in accordance with the approved details. No development shall commence on the existing on the existing sports pitches within the site (at Beechams Playing Fields) until the proposed replacement pitches have been completed and are available for use.

REMEDIATION

13. For each phase of the development, no development shall take place until a

Remedial Action Plan has been submitted to and approved in writing by the Council as Local Planning Authority.

For the blockworks land, the British telecommunications depot and United Utilities site (shown on drawing no: HJB/511/PA03) the Remedial Action Plan shall include a detailed methodology for contamination investigation including analysis suite, updated site conceptual model and risk assessment, identifying the nature and concentration of any contaminants present, their potential for migration and quantification of the risks associated with them. For all parts of the application site, the Remedial Action Plan shall include: a) A detailed scheme for the preparation of the site, remediation validation

methodology, verification and controlled waters monitoring programme, method of dealing with mine workings within the site, and mitigation of temporary potential risks to occupant of completed phases from unremediated areas of the site. This scheme shall include a clean granular material layer across the development area of at least 150mm thickness and a clean cover layer of at least 650mm thickness within the curtilage of dwellings and 400mm thickness in all other landscaped areas.

b) A methodology for dealing with variations in ground conditions or

concentrations of contaminants that are encountered during construction which differ significantly from those identified in site investigations.


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For each phase of the development, work shall be carried out and completed in accordance with the approved Remedial Action Plan, and to a timetable approved in writing by the Council as Local Planning Authority, unless otherwise agreed in writing. For each phase of the development, a Site Completion Report shall be submitted to and approve din writing by the Council as Local Planning Authority, before the condition can be discharged. It shall include details of the remediation works undertaken, validation testing of the adequacy of any remediation, certificates of the suitability of all cover materials, the destination of any evacuated material; and any planning verification monitoring programme, including details of any installed post-completion monitoring devices and measures to be undertaken should action limits be exceeded.

For each phase of the development, no development shall commence until a

Remedial Action Plan has been submitted to and approve din writing by the Council as Local Planning Authority. The Remedial Action Plan shall include:

a) For the blockworks land, the British Telecommunications depot and

United Utilities site, a detailed methodology for contamination investigation including analysis suite, updated site conceptual model and risk assessment, such assessment to be undertaken by appropriately qualified and experienced personnel in accordance with current Government and Environment Agency recommendations and guidance, to identify the nature and concentrations of any contaminants present, their potential for migration and a quantification of the risks associated with them;

b) A detailed scheme for the remediation of contamination including an

implementation timetable, remediation validation methodology, verification and controlled waters monitoring programme.

For each phase of the development, work shall be carried out and completed

in accordance with the approved remedial Action Plan, and to a timetable approved in writing by the Council as Local Planning Authority, unless otherwise agreed in writing.

Any variation found in the ground during further investigations and development works that has not been previously identified shall be immediately notified in writing to the Council as Local Planning Authority. The appropriateness of the approved Remedial Action Plan shall be reassessed and, if considered necessary by the Council, a revised Remedial Action Plan shall be submitted to and approved in writing by the Council as Local Planning Authority, and implemented prior top occupation of that phase of the development. For each phase of the development, a Site Completion Report shall be submitted to and approved in writing by the Council as Local Planning Authority. This shall include details of the remediation works undertaken, validation testing of the adequacy of any remediation, certificates of the suitability of all cover materials, the destination of any excavated material; and any planned verification monitoring programme, including details of any installed post-completion monitoring devices and measures to be undertaken


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should action limits be exceeded. The Site Completion Report shall be prepared by an appropriately qualified and experienced person.

GROUND STABILITY 14. No development shall take place on any phase of the development until a

scheme for investigating and treating disused mine shafts and shallow coal workings to ensure the stability of future buildings, structures and other parts of the development shall be submitted to and approved in writing by the Council as Local Planning Authority. The development shall be carried out in accordance with the approved scheme.

CONSTRUCTION MANAGEMENT 15. No development shall take place until details of wheel wash facilities for all

construction vehicles delivering to or removing material from the site for the phase of the development in accordance with condition 8 has been submitted to and approved in writing by the Council as Local Planning Authority. Such details shall include plan(s) showing the location(s) of the facilities, hours of operation and technical specifications of plant and equipment. Thereafter the approved facility shall be installed and operated in accordance with the approved details unless otherwise approved by the Council as Local Planning Authority.

16. No development shall take place until details of street-sweeping/cleansing arrangements to ensure that public highways are kept free from mud and other detritus associated with the construction of the development have been submitted to and approved in writing by the Local Planning Authority. Such details shall include plan(s) showing the route(s) that are to be swept/cleansed and a schedule of when the route(s) will be swept/cleansed. Thereafter the approved arrangements shall be conducted in accordance with the approved details unless otherwise approved by the Council as Local Planning Authority.

17. No development shall take place until details of the site compound(s)

associated with the development have been submitted to and approved in writing by the Council as Local Planning Authority. Such details shall include a plan(s) of the location of the site compound(s) indicating the location of all buildings, enclosures, storage areas, parking areas, plant or equipment, boundary treatment and lighting, together with information on building heights. Thereafter the site compound(s) shall be installed and laid out in accordance with the approved details unless otherwise approved by the Council as Local Planning Authority.

18. Working hours during the construction phase, including deliveries, shall be

0745 to 1900 hours on weekdays; 0800 to 1300 hours on Saturdays; with no working on Sundays, Public Holidays and Bank Holidays, inclusive of any week day.

19. No work on any phase of the development shall take place until details of a

mitigation scheme for dust suppression has been submitted to and agreed in writing by the Council as Local Planning Authority. The development shall be carried out in accordance with the approved scheme.


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DRAINAGE 20. No development shall take place on any phase of the development, except for

site preparation (including site clearance, remediation, spine roads and associated drainage infrastructure) until a scheme for the disposal of surface and foul water drainage for each phase has been submitted to and approved in writing by the Council as Local Planning Authority. Thereafter the approved scheme shall be constructed in accordance with the approved details unless otherwise approved in writing by the Council as Local Planning Authority.

NOISE MITIGATION

21. No dwelling within any phase of development shall be occupied until a

scheme of noise mitigation for that phase of development has been submitted to and approved in writing by the Council as Local Planning Authority. The submitted scheme shall include: plans showing the proposed construction, grading heights and contouring of any bunds or fences and adjacent land areas; a written schedule of the materials to be used in the construction of any approved measures; and details of noise insulation provisions in respect of individual properties. The noise mitigation measures shall be implemented in accordance with the approved scheme unless otherwise approved in writing by the Council as Local Planning Authority.

ENVIRONMENT MANAGEMENT

22. The development shall not be carried out other than in accordance with the Landscaped Areas, Habitat Creation and Management Plan, Preliminary Works Phase, dated 13/08/07, updated 28/8/07 prepared by The Appleton Group or other Plan that has first been submitted to and approved in writing by the Council as Local Planning Authority.

23. No tree felling, lopping or pruning shall take place unless a suitably licensed

and experienced bat worker is present during all operations to ensure that best practice is carried out and to handle the species if they are subsequently found to be present. The identity of the bat worker shall first have been agreed with the Council as Local Planning Authority prior to any works to trees taking place.

24. No grassland clearance or tree or hedgerow felling, lopping or pruning shall

take place from 1 March until 31 August inclusive unless it can be demonstrated by a suitably qualified and experienced ecologist to the local planning authority that no breeding birds, active nests, eggs or fledglings are present. If any areas are occupied by breeding birds during the construction phase, such areas must be clearly fenced off and left undisturbed until the young have fledged.

25. No development shall take place until a scheme for the eradication of

Japanese Knotweed within the site has been submitted to and approved in writing by the Council as Local Planning Authority. The scheme shall include details of the proposed measures and a programme for their implementation. The development shall not be carried out other than in accordance with the approved scheme.


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HIGHWAYS 26. The reserved matters for each phase of development shall include details of

proposed incorporation, diversion or closure of any existing public highways. Where existing highways are to be incorporated within the scheme, details of proposed visibility splays shall be submitted to and approved in writing by the local planning authority. Any approved visibility splay shall be kept permanently free of all obstructions exceeding 0.6 metres in height above road carriageway level other than mature trees and landscape features whose retention or provision or provision is specifically approved in writing as local planning authority.

27. Before either of the new site junctions on Sutton Road (at its junction with

Baxters Lane) serve more than 300 occupied units, a scheme for the detailed design and construction of the roundabout at Watery Lane, in accordance with the principles shown in the drawing no HJB/PA511/229, and requisite road safety audit, shall be submitted to and approved in writing by the Council as Local Planning Authority. The approved scheme shall be constructed in accordance with the phasing plan required by condition 7.

28. No development taking access from the spine road connection to Watery

Lane, except for site preparation (including site clearance, remediation, spine roads and associated drainage infrastructure) shall take place until the details of the traffic calming scheme showing in drawing number HJB/PA511/222 has been submitted to and approved in writing by the Council as Local Planning Authority. The details shall be accompanied by a report considering the potential for noise and vibration as a result of implementation of the proposed measures. Thereafter, the scheme shall be constructed in accordance with the approved details prior to the occupation of the 100th dwelling with access from Watery Lane.

29. Precise details of a highway improvement scheme (shown for illustrative

purposes only on drawing number HJB/PA511/223) at the existing traffic signal junction of Sutton Road/Gaskell Street/Jackson Street and requisite accompanying road safety audit, shall be submitted to and approved in writing by the Council as Local Planning Authority prior to the occupation of the 150th dwelling. The scheme shall be implemented in full in accordance with the details as agreed on or before occupation of the 300th dwelling.

30. Precise details of a scheme for the introduction of a controlled

pedestrian/cycle crossing facility on Sutton Road northwest of its roundabout junction with Baxters Lane shall be submitted to approved in writing by the Council as Local Planning Authority prior to the occupation of the 150th dwelling. The controlled crossing facility shall be introduced in full accordance with the approved details on or before the occupation of the 255th dwelling.

31. On or before the occupation of the 50th dwelling, the existing bus

stop/shelter infrastructure on Sutton Road within the development site frontage shall be upgraded in accordance with precise scheme details that have first been submitted to and approved in writing with the local planning authority.

32. No development except for site preparation (including site clearance,

remediation, spine roads and associated drainage infrastructure) shall commence until a Travel Plan Framework has been submitted to and


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approved in writing by the local planning authority. The Travel Plan Framework will provide for the full implementation of Full travel Plans as part of each phase of development. Such plans are to include details of the provision/encouragement of alternative modes of transport to the car, together with the phasing of measures as appropriate and a monitoring framework. The development of any phase of development shall not be carried out other than in accordance with the approved Full Travel Plan for that phase of development.


Baxters Lane) and Watery lane serve more than 300 occupied units, the development spine road that connect the two respective junctions shall be constructed in accordance with precise details that have first been submitted to and approved in writing by the local planning authority, which shall include for a system of traffic calming measures and bus stop infrastructure.

34. No dwelling hereby permitted, shall be occupied until the respective part of

the internal infrastructure, which provides access to that dwelling, has been constructed and is available for use in accordance with details that have first been submitted to and approved in writing by the local planning authority.

35. The reserved matters for each phase of the development shall include

details of the provision of dedicated pedestrian and cycle routes within that phase of development. Details shall include the provision of the cycleway routes shown on the approved parameters plan (drawing HJB/511/PA119) and a programme for the implementation of these routes. The development shall not be carried out other than in accordance with the approved details.

36. Precise details of a scheme for the detailed design and construction of a new

footway between the spine road and the existing adopted footway of Watery Lane to the north of the site shall be submitted to approved in writing by the Council as Local Planning Authority before either of the new site junctions on Sutton Road (at its junction with Baxters Lane) and Watery Lane serve more than 300 occupied units. The approved scheme shall be constructed and completed in accordance with the phasing plan required by Condition 8.

37. No development shall take place to the north of the central spine road until

details of the means of access from the central spine road to the sports facilities to be located on the open space at Cromdale Grove have been submitted to and approved in writing by the Council as Local Planning Authority. In particular, the access route shall be designed to cater for passage by Public Service Vehicles. The means of access shall be implemented in accordance with the details as agreed prior to the sports facilities being brought into use.

38. Details of the suitability of the existing bridge across Sutton Brook to cater for

vehicular access to the sports facilities shall be submitted to and approved in writing by the Council as Local Planning Authority, in accordance with the provisions of condition 12. Such details shall include plans, sections and structural calculations to prove that the bridge is capable of supporting the likely future loading and to allow for general public access. The sports facilities shall not be utilised until any required modifications to the bridge have been implemented in accordance with the approved details.


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39. No development shall take place, except site preparation (including site

clearance, remediation, spine roads and associated drainage infrastructure) until a scheme for the detailed design and construction of a footway/cycleway along the Sutton Road and Watery Lane frontages of the site has been submitted to, and approved in writing by the Council as Local Planning Authority. The approved scheme shall subsequently be constructed and completed in accordance with the phasing plan required by Condition 7.

40. The developer shall manage the open space and formal play areas identified

in each Reserved Matters Application until such time as the developer has established a Management Company to carry out management of those areas.

41. Prior to the commencement of any phase of the development subject to a reserved matter application under this outline planning permission which either (i) was approved later than 3 years from the date of this planning permission or (ii) which relates to the building of the 300th dwelling to be built under this Outline planning permission or (iii) which relates to the building of the 600th dwelling to be built under the Outline planning permission assessments covering the need for, and the viability of the provision of affordable housing within that phase of the scheme shall be submitted to the local planning authority. The assessments shall be submitted in full accordance with the details and format which is set out in Assessment Viability Framework Document (AVFD) dated …………. which is attached hereto. Where the AVFD confirms that the provision of affordable housing is viable then a minimum of 10% of the number of dwellings to be constructed in that phase shall be provided in accordance with the further details set out in the Approved Affordable Housing Document (AAHD) dated ………… which is attached hereto. The 10% minimum figure of affordable housing to be provided in any one phase shall be increased where this is shown to be viable to make up for any shortfalls in previous phases. The Affordable Housing in any one phase shall be provided such that (i) prior to the occupation of more than 60 per cent of the Open Market Dwellings in any one Phase 50 per cent of the Affordable Housing Units in that Phase shall have been constructed and shall be available for occupation unless otherwise agreed in writing with the Council and (ii) that prior to the occupation of more than 80 per cent of the Open Market Dwellings in any one Phase all of the Affordable housing units in that phase shall have been constructed and shall be available for occupation unless otherwise agreed in writing with the Council.

42. The developer shall develop the commercial area in accordance with the

planning permission prior occupation of the 700th dwelling provided that, in the case of a mixed use development, the ground floor shall be reserved for commercial use.

43. Prior to commencement of development the developer shall submit for

approval by the Council a scheme and programme for the provision of a Site Liaison Committee which shall provide for the functions and purpose of the said Committee, its membership and the frequency of its sittings.

The developer shall endeavour to ensure that the Site Liaison Committee is constituted, established and operated in full accordance with the scheme and


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programme approved by the Council pursuant to paragraph 1 of this condition.

The scheme and programme approved by the Council pursuant to paragraph 1 of this condition may be amended, modified, varied, replaced or revoked from time to time in accordance with such alternative scheme and programme as subsequently approved by the Council or as otherwise agreed by the Council in writing.


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PLANS


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P/2011/0058

APPENDIX Previous Committee Report from 2011


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NO: P/2011/0058 LOCATION: MOSS NOOK, WATERY LANE, ST HELENS PROPOSAL: Application under S73 to vary conditions 4, 33, 34, 35

and 36 and remove conditions 31 and 32 attached to planning permission P/2003/1574 in order to revise the parameters plan and the highways requirements associated with it.

WARD: Town Centre PARISH: N/A CASE OFFICER: Melanie Hale AGENT(S) / APPLICANT(S):

BANKS PROPERTY LTD, (MR JUSTIN HANCOCK), INKERMAN HOUSE, MEADOWFIELD, DURHAM, DH7 8XL

DEVELOPMENT PLAN ALLOCATION:

Part area specific allocation that indicates safeguarded land to include a significant element of residential development; part greenway; part open space (private recreation facility and publicly available open space), part unallocated; identified strategic footpath and cycleway; identified site of community wildlife interest – banks of Sutton Brook.

BACKGROUND PAPERS: See Section 4 Policy Context See Section 5 Consultation Responses See Section 6 Representations Application file P/2003/1574

REPRESENTATIONS: 13 letters from 7 households, including a ward councillor; also includes 6 cycle styled letters.

RECOMMENDATION: Grant planning permission subject to the successful completion of a planning obligation pursuant to section 106 of the Town and Country Planning Act 1990 and conditions.

/ 1 APPLICATION SITE 1.1 The application relates to a large site located between Parr and Sutton

Village. It covers 54.19 hectares. The majority is previously developed land. Areas surrounding the site 1.2 To the north of the site is relatively high density residential development,

predominantly on Cromdale Grove and Fleet Lane. Also to the north/north west is Parr Industrial Estate, being separated from the application site by Sutton Brook.

1.3 To the east of the application site is again relatively high density residential

development, specifically on Meadow Lane and Pool End. St Cuthberts School and playing fields are also adjacent. The school itself fronts Berrys Lane. Housing located on the the former Sutton Rolling Mill site is located to the east. Sutton Brook and Sutton Oak Primary School occupy the remainder of the area.

1.4 To the south is predominantly industrial and commercial development on

Worsley Brow and Sutton Road. This area includes Virridor Richardsons at


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the junction between Sutton Road and Lancots Lane. There is also some vacant land located off Sutton Road. Beyond is the former railway line and Hayes Chemicals. To the south west is Morrisons Supermarket.

1.5 To the west of the site is commercial and industrial development. There is

also a small area of residential development fronting Sutton Road and Bentinck Street.

The Application Site

1.6 A number of uses characterise the application site itself, although much of it is vacant. The majority of the site has been occupied in the past by a number of potentially contaminative uses including railway lines, a chemical works, coal pit, colliery and concrete pipeworks. There are also two former landfills recorded within the site, but these are thought not to be within 500 metres of the boundaries.

1.7 There are three areas of existing residential development within the site that

are not included in the proposals. These are: a row of seven dwellings on Watery Lane; two dwellings on Oak Street; and a larger area of housing fronting Morris Street. All are located within the south of the site. To the south and south east of dwellings on Watery Lane is an area developed for surface water attenuation of the site, with an area of open space on the other side of Sutton Brook.

1.8 There is a concrete blockworks factory located in the north eastern part of the

site. It has closed and is currently being demolished. The site has an access from Watery Lane. A former United Utilities depot fronts Sutton Road in the south of the site and appears to be vacant. A BT Depot that is in use is located to the south west of the site, also fronting Sutton Road.

1.9 Beechams playing fields are located to the north west of the site, and at

present are used by Penlake Football Club. An area of informal open space is located in the north of the site, facing dwellings on Cromdale Grove, but is separated from the rest of the site by Sutton Brook. There is however a bridge that provides a physical link.

1.10 Land levels vary across the site. In general, the site generally slopes upwards

away from Sutton Road and Watery Lane, with a particularly sharp change in levels to the rear of the United Utilities site and dwellings on Oak Street. There is a depression within the centre of the site. Other areas, such as the existing playing fields, the open space at Cromdale Grove and the blockworks are generally flat.

1.11 There are a number of groups of trees on the site. The main groups can be

found mainly in and around the areas of open space, specifically Cromdale Grove, Beechams playing fields, and open space to the south east of Watery Lane. There is also tree planting along the Watery Lane and Sutton Road frontages of the site.

2 BACKGROUND 2.1 Members may recall that planning permission was granted on this site on the

18th July 2007 by the Secretary of State following an Inquiry held in November 2006. Permission was granted subject 42 conditions and to a planning obligation pursuant to section 106 of the Town and Country Planning Act


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1990, that was agreed between the parties. The proposal was a hybrid, with planning permission granted as follows:

� Outline planning permission, with all matters reserved, for residential

development and commercial uses as follows: - Residential development of a maximum of 1200 dwellings; - Provision of 2.7 hectares of usable open space in areas of not less

than 1.5 hectares within the main residential area; and - Commercial development located to the south of the spine road

adjacent to the junction with Morrisons roundabout.

� Full planning permission for the demolition of existing buildings, provision of sports and recreation facilities, access roads and associated infrastructure, engineering works and open space, as follows: - Spine road running east to west, creating a t-junction with Watery lane

and linking into the existing Morrisons Roundabout; - spine road running north to south from east west described above; - Provision of formal playing pitches on the existing open space at

Cromdale Grove to compensate for the loss of the Beechams playing fields, including the provision of changing facilities and car parking, with access through the site;

- Sutton Brook retained as open space with a footway/cycleway developed adjacent; and

- Area between Sutton Brook and Watery Lane to the south of the site to be developed as surface water attenuation.

2.3 It was envisaged that the development would take place in three phases,

again shown on the plan attached. Phase 1 would be the residential development of the area between Sutton Road, Watery Lane and the new east-west spine road, the commercial area, the surface water attenuation scheme, and the replacement pitches at Cromdale Grove. Phase 2 would be residential development of the Beechams playing fields and the area to the north of the site between Sutton Brook and the blockworks. Phase 3 was to be those sites not yet within the applicant’s ownership including the BT Depot and the Blockworks.

2.11 Following the grant of planning permission, the applicant discharged pre-

commencement conditions and implemented the full permission in relation to the remediation and regrading of the site in relation to phase 1 of the development it being that part of the site closest to Watery Lane. The surface water attenuation ponds at Watery lane have also been constructed.

2.5 The original application was accompanied by an Environmental Statement.

Prior to the submission of this application, a screening opinion was submitted to determine whether a further Environmental Statement should be submitted. The Council formally determined that it was not required.

3 THE APPLICATION

3.1 The application is made in accordance with section 73 of the Town and

Country Planning Act 1990, which allows the determination of applications without compliance with conditions previously attached. In this case, the applicant has requested that further consideration is given to the following matters:


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Condition 4: Parameters Plan 3.2 Condition 4 requires that the development be carried out in accordance with

the parameters plan submitted with the previous application. The applicant now proposes to change the parameters plan as follows:

� Re-alignment of the east west spine road between Watery Lane and the

Morrisons Roundabout. It would connect to Watery Lane via a new roundabout located approximately 30 metres to the south of the junction previously approved, with two further roundabouts along its length. The north-south spine road would be removed (a plan showing the approved and proposed spine roads is attached) (full planning permission;

� Change in the location and size of the commercial area to the north of the spine road adjacent to a new roundabout (outline planning permission;

� Residential development of no more than 900 dwellings (outline planning permission).

3.3 The applicant states that the re-alignment of the spine road would provide a

more direct route between Sutton Road and Watery Lane that would result in both highway and amenity benefits. The approved spine road had been designed as a secondary route, and thus was a sinuous, more indirect route across the site. A comparison of the two highways are shown on a plan attached to this report. The applicant states that the proposed change would encourage traffic along this route, thus reducing traffic on Watery Lane and Sutton Road. The roundabouts would have the effect of breaking up the length of the road and thus reducing speed along it. The route would provide the main link between Watery Lane and the Morrisons Roundabout and would increase accessibility within and around the site.

3.4 Given the reduction in the number of dwellings being proposed, a revised

Transport Assessment has been submitted that has resulted in proposals to remove or alter a number of the highways conditions attached by the Secretary of State. The changes proposed are as follows:

Condition 31: Visibility at Watery Lane, Worsley Brow and Sutton Road 3.5 Condition 31 requires a visibility splay of 4.5 x 70 metres to the west at the

junction of Watery Lane with Sutton Road and Worsely Brow. The applicant proposes to remove this condition on the basis that highways standards have changed such that there is now a requirement for 2.4 x 40 metres, which already exists at the junction.

Condition 32: Forward Visibility on Watery Lane 3.6 Condition 32 requires that a minimum forward visibility distance of 60 metres

shall be provided along the Watery Lane frontage of the development. The applicant proposes to remove the condition on the basis that forward visibility is no longer required because of the introduction of the roundabout to facilitate spine road access and the provision of traffic calming on Watery Lane itself.

Condition 33: Visibility at the Junction of New Spine Road and Watery Lane 3.7 Condition 33 requires a visibility splay of 4.5 x 60 metres along Watery Lane

from the junction with the new east-west spine road. The applicant proposes to change to wording to facilitate reconfiguration and change in position of the junction by the introduction of a roundabout.


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Condition 34: Traffic Calming on Watery Lane 3.8 Condition 34 requires the submission, approval and implementation of a

scheme of traffic calming on Watery Lane between its junctions with Berrys Lane and Worsley Brow. The applicant proposes to change the wording in relation to a scheme now submitted. The submitted drawing (as attached to this report) shows speed cushions either side of the dwellings on Watery Lane.

Condition 35: Highway Improvement at Sutton Road/Gaskell Street/Jackson

Street 3.9 Condition 35 requires the submission and approval of a highway improvement

scheme at the junction of Sutton Road, Gaskell Street and Jackson Street, and that it be implemented on or before completion of the 200th dwelling. The applicant proposes to change the wording in relation to a scheme submitted with the application, but that it be implemented upon completion of the 300th dwelling.

3.14 The applicant states that the condition attached effectively requires the

widening of the existing carriageway, whereas the scheme put forward would mean infilling the bridge, thus allowing widening within the existing highway. The applicant further states that there is an economic benefit of waiting until the 300th dwelling, as it would allow development to commence.

Condition 36: Highway Improvement Scheme at Sutton Road/Sherdley Road/Marshalls Cross Road/Peasley Cross Lane

3.15 Condition 36 required the submission and approval of a highway improvement scheme at the junction of Sutton Road, Sherdley Road, Marshalls Cross Road and Peasley Cross Lane, and that it be implemented on or before completion of the 200th dwelling. Although the applicant proposes a change in the wording of the condition, it is agreed that the most appropriate way to deal with this matter is via the payment of a commuted sum of £25,000, such that the Council would carry out the work. It is established in case law that compliance with a condition cannot come about via the payment of a sum of money. This applicant has thus agreed that it be incorporated into a new planning obligation to be agreed between the parties.

3 POLICY CONTEXT 3.1 The application has been considered having regard to Article 1 of the First

Protocol of the Human Rights Act 1998, which sets out a persons rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.

3.2 This application has been considered in relation to Section 17 of The Crime

and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme, but no comments have been received.

3.3 The application has been considered in accordance with the St Helens

Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between


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people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.

3.4 Section 38(6) of Planning and Compulsory Purchase Act 2004 (2004 Act)

requires, where an accepted or approved development plan contains relevant policies, that an application for planning permission or an appeal shall be determined in accordance with the plan, unless material considerations indicated otherwise. The development plan for the area is the St Helens Unitary Development Plan, adopted July 1998 for the period up to 2001. The Council applied to the Secretary of State under paragraph 1(3) of schedule 8 to the 2004 Act to save polices of the development plan in accordance with PPS 12 ‘Local Development Frameworks: A Companion to PPS 12 and DCLG Protocol. The Secretary of State issued a direction and accompanying schedule saving 88 policies. Only the saved policies are relevant to the consideration of this application.

St Helens Unitary Development Plan (1998) 3.5 The following policies are relevant in this case:

� Policy GEN1 – Primacy of the Development Plan � Policy GEN2 – Good Environments � Policy TRA2 – Traffic Calming

North West of England Plan: Regional Spatial Strategy to 2021 (RSS)

3.6 The Coalition Government has made a commitment to abolish RSS once the

Localism Bill is enacted. Although RSS remains a material consideration, it being part of the development plan for the area, the fact that it is to be abolished is material to any decision. The relevant policies are as follows:

� DP1 – Spatial Principles � RT1 – Integrated Transport Networks

Planning Policy Statements/ Planning Policy Guidance Notes PPS1: Delivering Sustainable Development 3.7 PPS1 paragraph 33 states that good design ensures attractive, usable,

durable and adaptable places. Good design is indivisible from good planning. Paragraph 34 states that good design should contribute positively to making places better for people. Design that fails to take the opportunity for improving the quality of an area and the way it functions should not be accepted. Paragraph 35 states that high quality, inclusive design should create integrated developments that avoid segregation. This means ensuring that a place functions well and adds to the character and quality of the area.

PPS3: Housing

3.10 PPS3 paragraph 12 states that good design is fundamental to the development of high quality new housing. Paragraph 13 states that design inappropriate in its context, or that doesn’t take the opportunity to improve the character and quality of an area, should not be accepted. Paragraph 16 states that new housing developments should be well integrated with the surroundings and should be easily accessible, amongst other things.


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PPG13: Transport

3.11 PPG13 paragraph 28 states that the physical form and quality of a place are shaped by the way it is used and the way people and vehicles move through it. New development can help to create places that connect with each other sustainably. Places that work well are designed to be used safely and securely by all in the community. Paragraph 29 states that the needs and safety of all in the community, taking account of the importance of good design. Paragraph 67 states that traffic management measures should improve the quality of neighbourhoods. In making decisions, the impact of measures on the surrounding area should be taken into account.

4 CONSULTATIONS 4.1 The Council’s Highways Planning Advisor states that there are no

objections to the over-arching principle of the new parameters plan and the amendment of the original conditions. However, there are a number of issues that need to be addressed:

� Condition 4 – No objection to the proposed revised wording, however,

additional conditions will be required to ensure that adequate access to the new sports facilities north of Sutton Brook can be achieved through the development site.

� Condition 31 – No objection to the removal of this condition. The

existing visibility at the junction of Watery Lane/Sutton Road is in accordance with current guidance.

� Condition 32 – No objection to the removal of this condition. Subject to

the provision of traffic calming measures along Watery Lane, the proposed footway/cycleway along Watery lane will allow for adequate forward visibility to be achieved within the adopted highway boundary.

� Condition 33 – No objection to the amendment of this condition.

However, it is suggested that the condition be replaced with wording that not only relates to the submitted drawing, but also provides for detailed design and construction to be submitted and agreed and be the subject of a road safety audit.

� Condition 34 – No objection to the proposed revised wording. The new

roundabout and proposed speed cushions are considered appropriate traffic calming measures.

� Condition 35 – No objection to the proposed revised wording. The

reduction in the number of dwellings and the capacity assessment work carried out by the applicant’s Transport Consultant justify the amended off-site highway improvements, subject to a new £25,000 contribution to improve the actual operation of the traffic signals at Sutton Road/Gaskell Street and Sutton Road/Sherdley Road. This £25,000 contribution should be included within the revised S106 Agreement and be made payable prior to occupation of the first dwelling.

� Condition 36 – The reduction in the number of dwellings and the

capacity assessment work carried out justify the removal of this existing condition, subject to the £25,000 contribution to improve the actual


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operation of the traffic signal systems. However, the improvements to the operating system should be dealt with via the S106 contribution rather than a re-worded condition.

4.2 In addition to the comments above it is considered that the following issues

should also be addressed:

� The layout of the proposed roundabout at Watery Lane does not clearly indicate the linkage into the existing footway network north of the spine road. These footways are not currently adopted as highway and are not constructed to adoptable standards, but are within the red line boundary of the planning application. It is considered that these footways should be formally adopted as part of the development process, particularly given that they provide the link from the site to the school, medical centre and shops on Berrys Lane, a condition to secure this should be attached.

� The original parameters plan clearly showed the provision of new

footway/cycleway along Watery Lane and Sutton Road, however, these are not clearly defined on this latest submission and the following condition should be applied:

� The original parameters plan indicated that access to the new playing

pitches on the open space at Cromdale Grove would be achieved via the north/south spine road. However, this is not as clearly indicated on the latest submission. Given that it is likely that the site will be developed in separate parcels, it is essential that access to the sports facilities are protected. Conditions to secure this, including examination of the bridge over Sutton Brook in this location are recommended.

4.3 The Council’s Environmental Health Officer (Noise) has raised concerns

regarding the potential for noise and vibration generated as a result of the introduction of traffic calming in Watery Lane.

5 REPRESENTATIONS 5.1 The application was publicised by site notice and neighbour notification letter.

A total of 13 letters were received from 7 households, including a ward councillor; 6 of which were cycle styled. All are objecting to the proposals. The grounds of objection are as follows:

� The new highways proposals will impact on the residents of Watery Lane; � The proposals will cause noise for local residents; � The proposals will cause accidents on the highway; � The changes are not necessary because the applicant is a year from

completing houses in the area; � Moving the roundabout and introducing traffic calming on Watery lane will

cause tail backs, that will possibly have an impact on the privacy of residents on Watery lane;

� Why does the roundabout and traffic calming have to be so close to houses on Watery Lane;

� The roundabout is too near the houses, any build up of traffic would have traffic idling in front of houses, especially at busy times (work and school run);

� The speed bumps would cause vibration and noise;


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� The roundabout would slow traffic down; � Traffic calming has never been planned before so close to houses, so

there is no need for it now; � There is no reason for moving the roundabout, because it is not a busy

road; � There is no parking for residents on Watery Lane, so where are visitors

going to park with traffic calming in the way; � Objection to building now starting by Morrisons, rather than Watery Lane.

No builders want the land on Watery Lane; � If temporary drainage is possible at the Morrisons Roundabout, why were

‘holes’ dug at the back of houses on Watery Lane. 6 PLANNING HISTORY 6.1 There is only one relevant application:

P/2003/1574 Outline planning permission, with all matters reserved, for residential development and commercial uses; Full planning permission for the demolition of existing buildings, provision of sports and recreation facilities, access roads and associated infrastructure, engineering works and open space. Granted by Secretary of State 18th July 2007.

7 ASSESSMENT 7.1 The Town and Country Planning Act 1990 states that when considering an

application made under section 73, a local planning authority shall consider only the question of the conditions subject to which planning permission should be granted. What this means is that the merits of the development as a whole cannot be considered, only the conditions that were attached to the original grant of planning permission. Refusal of the application does not mean that the development does not go ahead, it means that it has to proceed in relation to the conditions as originally attached.

7.2 On this basis, the main issues to be considered are: whether the changes

proposed to the parameters plan as stated are acceptable; and whether the changes to highway works are also appropriate within this context. Each can be considered in turn.

Parameters Plan 7.3 One of the main aims of national and local planning policy is to provide high

quality, well-designed, usable places. It is within this context, therefore, that the changes being proposed here should be assessed.

7.4 Watery Lane and Sutton Road are substandard, particularly in terms of their

width and in the case of Watery Lane, visibility. The nature of the spine road as granted would mean that these substandard roads would continue to act as the main route for through traffic in the area. Whilst this arrangement was found to be acceptable at the time, in terms of both highway safety and amenity, it is not ideal nor would it be the best solution for access to and around the site.

7.5 The Council’s Highways Planning Advisor agrees that a re-aligned spine road

in the form now shown would act as the primary route for east-west


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movement of traffic in the area, because it would be a straight road and the most direct route between the Morrisons Roundabout and Watery Lane. This would therefore reduce the amount of traffic using Sutton Road and Watery Lane, to the benefit of highway safety on the existing network, as well as the amenity of the residents. The change in design would thus benefit how the area functions, provide better integration, and improve the quality of the development and its surroundings, in line with the requirements of PPS1, PPS3 and PPG13.

7.6 Residents have stated that introducing traffic calming on to Watery Lane and

moving the junction of Watery Lane with the new spine road would cause queuing and impact on privacy. The new junction has been moved 30 metres to the south of the t-junction approved previously. The closest dwelling to the new junction would be 58 Watery Lane, it being located 120 metres from it. Given this, and that the amount of traffic using this route is likely to decrease, it is unlikely that queuing traffic would have a detrimental impact on residents of Watery Lane.

7.7 The removal of the north-south spine road is also acceptable. However,

provision for access to the new pitches at Cromdale Grove needs to be made and maintained through the development, as direct access Fleet Lane and Cromdale Grove would not be acceptable. This can be secured by condition.

7.8 A reduction in the maximum number of dwellings from 1200 to 900 is also

acceptable. This would reflect the removal of the need to achieve a minimum density, previously contained in PPS3, and is likely to be a more deliverable within the context of the housing market, also an important factor.

7.9 Overall, the changes proposed would improve the proposed development in

terms of its overall design, effectiveness and the way in which it would integrate into the locality. It would thus accord with PPS1, PPS3 and PPS13 in this regard.

Highways Works 7.10 The removal of conditions 31 and 32 is agreed for the reasons stated in the

Highways Planning Advisor’s response at paragraph 4.1 of this report. Alteration of the wording of condition 33 concerning the visibility to be provided at the new roundabout is acceptable subject to submission and agreement of the details. Amendment of condition 35 and removal of condition 36 subject to inclusion of a payment of a commuted sum in lieu of highway works is acceptable.

7.11 Condition 34 concerns the provision of traffic calming on Watery Lane. The

Council’s Highways Planning Advisor agrees that subject to detailed submission, the proposed scheme is acceptable. The Council’s Environmental Health Officer (Noise) and residents of Watery Lane have raised concerns regarding noise generated as a result of the introduction of traffic calming. The noise generated depends upon the speed of traffic and the design of the speed cushions. As such, a condition requiring the submission of details, in order that any potential for noise can be addressed, is therefore recommended. This would accord with policy TRA2 of the adopted UDP(1998).


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7.12 The proposal to amend the conditions would be commensurate with the reduction in the amount of development now proposed. The proposal thus complies with policies GEN1 and GEN2 of the adopted St Helens Unitary Development Plan (1998), as well as the provisions of RSS and national planning policy.

Other Issues 7.13 Third parties have raised the issues of drainage and potentially commencing

the development at the Morrisons Roundabout. Neither is material to determining this application.

8 CONCLUSIONS 8.1 The proposed changes to the masterplan and highways conditions are

acceptable within the context of local, regional and national planning policy. It would improve the overall flow of traffic in the area, to the benefit of the existing highway network, and the amenities of residents in the area.

9 RECOMMENDATION 9.1 Grant planning permission subject to the successful completion of a planning

obligation pursuant to section 106 of the Town and Country Planning Act 1990 and the following conditions. For information, that part of the development for which full planning permission has been granted has been implemented in part such that a time limit condition is not considered necessary. Some other conditions attached to the original grant of planning permission have been omitted or changed because some requirements have been met or because they have been discharged. This has meant that the numbering has changed. A number of additional conditions are also attached.

TIME LIMIT – OUTLINE PERMISSION 1. In relation to that part of the proposal for which outline planning permission is

hereby granted approval of details of the layout, scale and appearance and the landscaping of the site (herinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced. The development shall not be carried out other than in accordance with the approved details.

2. Application for approval of the reserved matters for each phase of the

development shall be made to the local planning authority before the expiration of ten years from the date of this permission . Any phase of the development hereby permitted shall be begun not later than whichever is the later of the following dates: c. Five years from the date of this permission. d. Two years from the date of the approval of the last of the reserved

matters to be approved for that phase of the development DEVELOPMENT PARAMETERS AMENDED CONDITION 4 3. The development shall be carried out in accordance with the parameters plan

drawing no HJB/PA511/226a, including Table 3/1 schedule of development.


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4. The commercial area shall include uses within the following use classes: A1,

A2, A3, A4, A5, B1a, B1, C3 and D1. The commercial area (local centre) shall contain no more than 200 square metres of retail floor space.

5. The residential development shall incorporate not less than 2.7 hectares of

public open space laid out in areas of not less that 0.15 hectares. 6. Notwithstanding the parameters plan drawing no HJB/PA511/226a, not more

than 30 dwellings shall be erected within the middle consultation zone around the former Hays Chemicals site until an assessment of the risk to future residents posed by the continuing use of the site for the storage of hazardous substances has been submitted to and approved in writing by the Council as Local Planning Authority. Thereafter, the number of dwellings within the middle consultation zone shall be in accordance with the approved risk assessment.

DESIGN BRIEF 7. No development, except for site preparation (including site clearance,

remediation, spine roads and associated drainage infrastructure) shall take place until a Design Brief including provision for the inclusion of eco-housing, has been submitted to and approved in writing by the Council as Local Planning Authority. The definition of eco-housing shall be agreed in writing with the Council as Local Planning Authority before the design brief is submitted for approval. The reserved matters shall be designed in accordance with the approved Design Brief.

PHASING OF DEVELOPMENT

8. Notwithstanding the agreed phasing plan, no development shall take place

until further details of the phasing of the development have been submitted to and approved in writing by the Council as Local Planning Authority. Such details shall include: a plan indicating the division of the development of the site into phases; a schedule indicating when construction on each phase is expected to start and finish. The development shall not be carried out other than in accordance with the approved phasing plan unless otherwise approved in writing by the Council as Local Planning Authority.

LANDSCAPING & OPEN SPACE 9. No development, except for site preparation (including site clearance,

remediation, spine roads and associated drainage infrastructure), shall take place until full details of all proposed landscaping and planting within that phase of development have been submitted to and approved in writing by the Council as Local Planning Authority. The submitted details shall include a programme of implementation of the works and details of proposed finished levels or contours; surface treatments; means of enclosure; minor artefacts and structures (eg furniture, play equipment, refuse or other storage facilities, signs, lighting etc.); proposed and existing functional services above and below ground eg drains, electricity, gas, communications cables, pipelines etc indicating manholes, supports etc). No works shall be carried out other than in accordance with the approved details and the approved programme.


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10. Soft landscape works shall include planting plans and written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed planting number/density and an implementation programme for the proposed works. No landscape works shall be undertaken other than in accordance with the approved details.

11. If, within a period of five years from the date of planting any tree and the said

tree or tree planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes seriously damaged or defective, another tree of the same species and size (where practicable) as that originally planted shall be planted at the same place, unless the Council as Local Planning Authority, gives written approval to any variation.

12. Applications for reserved matters for each phase of housing development

shall include details of proposed provision of public open space in accordance with condition 5.

17. The proposed sports pitches in the Cromdale Grove Recreation Ground

shown on the parameters plan drawing no HJB/PA511/226a shall be laid out and constructed in accordance with details which shall first have been submitted to and approved in writing by the Council as Local Planning Authority. The approved details shall include details of pitch construction, seeding and drainage, proposed finished contours including landscape mounds) landscaping and planting details and means of enclosure of the pitches. The development shall not be carried out other than in accordance with the approved details. No development shall commence on the existing on the existing sports pitches within the site (at Beechams Playing Fields) until the proposed replacement pitches have been completed and are available for use.

REMEDIATION

18. For each phase of the development, no development shall take place until a

Remedial Action Plan has been submitted to and approved in writing by the Council as Local Planning Authority.

For the blockworks land, the British telecommunications depot and United Utilities site (shown on drawing no: HJB/511/PA03) the Remedial Action Plan shall include a detailed methodology for contamination investigation including analysis suite, updated site conceptual model and risk assessment, identifying the nature and concentration of any contaminants present, their potential for migration and quantification of the risks associated with them. For all parts of the application site, the Remedial Action Plan shall include: a) A detailed scheme for the preparation of the site, remediation validation

methodology, verification and controlled waters monitoring programme, method of dealing with mine workings within the site, and mitigation of temporary potential risks to occupant of completed phases from unremediated areas of the site. This scheme shall include a clean granular material layer across the development area of at least 150mm thickness and a clean cover layer of at least 650mm thickness within the curtilage of dwellings and 400mm thickness in all other landscaped areas.


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b) A methodology for dealing with variations in ground conditions or concentrations of contaminants that are encountered during construction which differ significantly from those identified in site investigations.

For each phase of the development, work shall be carried out and completed in accordance with the approved Remedial Action Plan, and to a timetable approved in writing by the Council as Local Planning Authority, unless otherwise agreed in writing. For each phase of the development, a Site Completion Report shall be submitted to and approve din writing by the Council as Local Planning Authority, before the condition can be discharged. It shall include details of the remediation works undertaken, validation testing of the adequacy of any remediation, certificates of the suitability of all cover materials, the destination of any evacuated material; and any planning verification monitoring programme, including details of any installed post-completion monitoring devices and measures to be undertaken should action limits be exceeded.

For each phase of the development, no development shall commence until a

Remedial Action Plan has been submitted to and approve din writing by the Council as Local Planning Authority. The Remedial Action Plan shall include:

b) For the blockworks land, the British Telecommunications depot and

United Utilities site, a detailed methodology for contamination investigation including analysis suite, updated site conceptual model and risk assessment, such assessment to be undertaken by appropriately qualified and experienced personnel in accordance with current Government and Environment Agency recommendations and guidance, to identify the nature and concentrations of any contaminants present, their potential for migration and a quantification of the risks associated with them;

b) A detailed scheme for the remediation of contamination including an

implementation timetable, remediation validation methodology, verification and controlled waters monitoring programme.

For each phase of the development, work shall be carried out and completed

in accordance with the approved remedial Action Plan, and to a timetable approved in writing by the Council as Local Planning Authority, unless otherwise agreed in writing.

Any variation found in the ground during further investigations and development works that has not been previously identified shall be immediately notified in writing to the Council as Local Planning Authority. The appropriateness of the approved Remedial Action Plan shall be reassessed and, if considered necessary by the Council, a revised Remedial Action Plan shall be submitted to and approved in writing by the Council as Local Planning Authority, and implemented prior top occupation of that phase of the development. For each phase of the development, a Site Completion Report shall be submitted to and approved in writing by the Council as Local Planning Authority. This shall include details of the remediation works undertaken, validation testing of the adequacy of any remediation, certificates of the suitability of all cover materials, the destination of any excavated material;


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and any planned verification monitoring programme, including details of any installed post-completion monitoring devices and measures to be undertaken should action limits be exceeded. The Site Completion Report shall be prepared by an appropriately qualified and experienced person.

GROUND STABILITY 15. No development shall take place on any phase of the development until a

scheme for investigating and treating disused mine shafts and shallow coal workings to ensure the stability of future buildings, structures and other parts of the development shall be submitted to and approved in writing by the Council as Local Planning Authority. The development shall be carried out in accordance with the approved scheme.

CONSTRUCTION MANAGEMENT 16. No development shall take place until details of wheel wash facilities for all

construction vehicles delivering to or removing material from the site for the phase of the development in accordance with condition 8 has been submitted to and approved in writing by the Council as Local Planning Authority. Such details shall include plan(s) showing the location(s) of the facilities, hours of operation and technical specifications of plant and equipment. Thereafter the approved facility shall be installed and operated in accordance with the approved details unless otherwise approved by the Council as Local Planning Authority.

19. No development shall take place until details of street-sweeping/cleansing

arrangements to ensure that public highways are kept free from mud and other detritus associated with the construction of the development have been submitted to and approved in writing by the Local Planning Authority. Such details shall include plan(s) showing the route(s) that are to be swept/cleansed and a schedule of when the route(s) will be swept/cleansed. Thereafter the approved arrangements shall be conducted in accordance with the approved details unless otherwise approved by the Council as Local Planning Authority.

18. No development shall take place until details of the site compound(s)

associated with the development have been submitted to and approved in writing by the Council as Local Planning Authority. Such details shall include a plan(s) of the location of the site compound(s) indicating the location of all buildings, enclosures, storage areas, parking areas, plant or equipment, boundary treatment and lighting, together with information on building heights. Thereafter the site compound(s) shall be installed and laid out in accordance with the approved details unless otherwise approved by the Council as Local Planning Authority.

19. No development shall take place until a site waste management plan for that

part of the development, including measures to contribute to sustainable waste treatment, to cover the construction phase of the development has been submitted to and approved in writing by the Council as Local Planning Authority. The development shall be carried out in accordance with the approved plan.


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20. Working hours during the construction phase, including deliveries, shall be 0745 to 1900 hours on weekdays; 0800 to 1300 hours on Saturdays; with no working on Sundays, Public Holidays and Bank Holidays, inclusive of any week day.

21. No work on any phase of the development shall take place until details of a

mitigation scheme for dust suppression has been submitted to and agreed in writing by the Council as Local Planning Authority. The development shall be carried out in accordance with the approved scheme.

DRAINAGE

22. No development shall take place on any phase of the development, except for

site preparation (including site clearance, remediation, spine roads and associated drainage infrastructure) until a scheme for the disposal of surface and foul water drainage for each phase has been submitted to and approved in writing by the Council as Local Planning Authority. Thereafter the approved scheme shall be constructed in accordance with the approved details unless otherwise approved in writing by the Council as Local Planning Authority.

NOISE MITIGATION

23. No dwelling within any phase of development shall be occupied until a

scheme of noise mitigation for that phase of development has been submitted to and approved in writing by the Council as Local Planning Authority. The submitted scheme shall include: plans showing the proposed construction, grading heights and contouring of any bunds or fences and adjacent land areas; a written schedule of the materials to be used in the construction of any approved measures; and details of noise insulation provisions in respect of individual properties. The noise mitigation measures shall be implemented in accordance with the approved scheme unless otherwise approved in writing by the Council as Local Planning Authority.

ENVIRONMENT MANAGEMENT

24. The development shall not be carried out other than in accordance with the Landscaped Areas, Habitat Creation and Management Plan, Preliminary Works Phase, dated 13/08/07, updated 28/8/07 prepared by The Appleton Group.

25. No tree felling, lopping or pruning shall take place unless a suitably licensed

and experienced bat worker is present during all operations to ensure that best practice is carried out and to handle the species if they are subsequently found to be present. The identity of the bat worker shall first have been agreed with the Council as Local Planning Authority prior to any works to trees taking place.

26. No grassland clearance or tree or hedgerow felling, lopping or pruning shall

take place from 1 March until 31 August inclusive unless it can be demonstrated by a suitably qualified and experienced ecologist to the local planning authority that no breeding birds, active nests, eggs or fledglings are present. If any areas are occupied by breeding birds during the construction phase, such areas must be clearly fenced off and left undisturbed until the young have fledged.


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27. No development shall take place until a scheme for the eradication of Japanese Knotweed within the site has been submitted to and approved in writing by the Council as Local Planning Authority. The scheme shall include details of the proposed measures and a programme for the their implementation. The development shall not be carried out other than in accordance with the approved scheme.

HIGHWAYS 28. The reserved matters for each phase of development shall include details of

proposed incorporation, diversion or closure of any existing public highways. Where existing highways are to be incorporated within the scheme, details of proposed visibility splays shall be submitted to and approved in writing by the local planning authority. Any approved visibility splay shall be kept permanently free of all obstructions exceeding 0.6 metres in height above road carriageway level other than mature trees and landscape features whose retention or provision or provision is specifically approved in writing as local planning authority.

AMENDED CONDITION 33 29. No development, except for site preparation, shall take place until a scheme

for the detailed design and construction of the roundabout at Watery Lane, in accordance with the principles shown in the drawing no HJB/PA511/229, and requisite road safety audit, has been submitted to and approved in writing by the Council as Local Planning Authority. The approved scheme shall be constructed in accordance with the phasing plan required by condition 9.

AMENDED CONDITION 34 30. No development taking access from the spine road connection to Watery

Lane, except for site preparation (including site clearance, remediation, spine roads and associated drainage infrastructure) shall take place until the details of the traffic calming scheme showing in drawing number HJB/PA511/222 has been submitted to and approved in writing by the Council as Local Planning Authority. The details shall be accompanied by a report considering the potential for noise and vibration as a result of implementation of the proposed measures. Thereafter, the scheme shall be constructed in accordance with the approved details prior to the completion of the 100th dwelling with access from Watery Lane.

AMENDED CONDITION 35 31. No development, except for site preparation (including site clearance,

remediation, spine roads and associated drainage infrastructure) shall take place until precise details of a highway improvement scheme (shown for illustrative purposes only on drawing number HJB/PA511/223) at the existing traffic signal junction of Sutton Road/Gaskell Street/Jackson Street and requisite accompanying road safety audit, shall be submitted to and approved in writing by the Council as Local Planning Authority. The scheme shall be implemented in full in accordance with the details as agreed on or before completion of the 300th dwelling.


remediation, spine roads and associated drainage infrastructure) shall take place until precise details of a scheme for the introduction of a controlled pedestrian/cycle crossing facility on Sutton Road northwest of its roundabout junction with Baxters Lane has been submitted to an approved


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in writing by the local planning authority. The controlled crossing facility shall be introduced in full accordance with the approved details on or before the completion of the 200th dwelling.

33. On or before the completion of the 50th dwelling, the existing bus

stop/shelter infrastructure on Sutton Road within the development site frontage shall be upgraded in accordance with precise scheme details that have first been submitted to and approved in writing with the local planning authority.


remediation, spine roads and associated drainage infrastructure) shall commence until a Travel Plan Framework has been submitted to and approved in writing by the local planning authority. The Travel Plan Framework will provide for the full implementation of Full travel Plans as part of each phase of development. Such plans are to include details of the provision/encouragement of alternative modes of transport to the car, together with the phasing of measures as appropriate and a monitoring framework. The development of any phase of development shall not be carried out other than in accordance with the approved Full Travel Plan for that phase of development.


Baxters Lane) and Watery lane serve more than 500 completed units, the development spine road that connect the two respective junctions shall be constructed in accordance with precise details that have first been submitted to and approved in writing by the local planning authority, which shall include for a system of traffic calming measures and bus stop infrastructure.

36. No dwelling hereby permitted, shall be occupied until the respective part of

the internal infrastructure, which provides access to that dwelling, has been constructed and is available for use in accordance with details that have first been submitted to and approved in writing by the local planning authority.

37. The reserved matters for each phase of the development shall include

details of the provision of dedicated pedestrian and cycle routes within that phase of development. Details shall include the provision of the cycleway routes shown on the approved parameters plan (drawing HJB/511/PA119) and a programme for the implementation of these routes. The development shall not be carried out other than in accordance with the approved details.

ADDITIONAL CONDITIONS 38. No development shall take place, except for site clearance and remediation,

until a scheme for the detailed design and construction of a new footway between the spine road and the existing adopted footway of Watery Lane to the north of the site has been submitted and approved in writing by the Council as Local Planning Authority. The approved scheme shall be constructed and completed in accordance with the phasing plan required by Condition 9.


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39. No development shall take place to the north of the central spine road until details of the means of access from the central spine road to the sports facilities to be located on the open space at Cromdale Grove have been submitted to and approved in writing by the Council as Local Planning Authority. In particular, the access route shall be designed to cater for passage by Public Service Vehicles. The means of access shall be implemented in accordance with the details as agreed prior to the sports facilities being brought into use.

40. Details of the suitability of the existing bridge across Sutton Brook to cater for

vehicular access to the sports facilities shall be submitted to and approved in writing by the Council as Local Planning Authority, in accordance with the provisions of condition 40. Such details shall include plans, sections and structural calculations to prove that the bridge is capable of supporting the likely future loading and to allow for general public access. The sports facilities shall not be utilised until any required modifications to the bridge have been implemented in accordance with the approved details.

41. No development shall take place, except site preparation (including site

clearance, remediation, spine roads and associated drainage infrastructure) until a scheme for the detailed design and construction of a footway/cycleway along the Sutton Road and Watery Lane frontages of the site has been submitted to, and approved in writing by the Council as Local Planning Authority. The approved scheme shall subsequently be constructed and completed in accordance with the phasing plan required by Condition 9.

REASONS

TIME LIMIT – OUTLINE PERMISSION 1. In order to ensure the development is satisfactory and that details of all

outstanding matters are submitted, in accordance with Section 92 (as amended) of the Town and Country Planning Act 1990.

2. Section 92 (as amended) of the Town and Country Planning Act 1990. DEVELOPMENT PARAMETERS 3. For the avoidance of doubt. 4. To ensure appropriate use of the site within its context, in accordance with

policies GEN1 and GEN2 of the adopted St Helens Untiary Development Plan (1998).

5. To ensure that an appropriate amount of open space is provided, in

accordance with the provisions of policy GEN6 of the adopted St Helens Unitary Development Plan (1998).

6. In order that an assessment of the risk to future occupants of the site is

undertaken, in accordance with police ENV28 of the adopted St Helens Unitary Development Plan (1998).


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DESIGN BRIEF 7. In order to ensure that the overall design and layout of the site is carried out

to an appropriate standard, in accordance with Planning Policy Statements1 and 3 and policies GEN1 and GEN2 of the adopted St Helens Unitary Development Plan (1998).

PHASING OF THE DEVELOPMENT 8. In order to ensure that the development is carried out in an appropriate

manner, in accordance with policy GEN1 of the adopted St Helens Unitary Development Plan (1998).

LANDSCAPING AND OPEN SPACE 9. To ensure that the development is carried out to the appropriate high

standard, in accordance with policies GEN1 and GEN2 of the adopted St Helens Unitary Development Plan (1998).

10. To ensure that the development is carried out and maintained to the

appropriate high standard, in accordance with policies GEN1 and GEN2 of the adopted St Helens Unitary Development Plan (1998).

11. To ensure that the development is carried out and maintained to the

appropriate high standard, in accordance with policies GEN1 and GEN2 of the adopted St Helens Unitary Development Plan (1998).

12. To ensure that an appropriate amount of open space is provided, in

accordance with the provisions of policy GEN6 of the adopted St Helens Unitary Development Plan (1998).

13. To ensure that the playing pitches and associated facilities are carried out in

the most appropriate manner, in accordance with policies GEN1 and GEN2 of the adopted St Helens Unitary Development Plan (1998).

REMEDIATION 14. To ensure that any contamination is treated to the satisfaction of the Local

Planning Authority in accordance with Planning Policy Statement 23 (2004) and policies GEN 1 and ENV26 of the St Helens Unitary Development Plan (1998), which seek to ensure that comprehensive measures and programmes for remedial ground treatments are undertaken for developments where appropriate.

GROUND STABILITY 15. To ensure that a detailed land stability strategy is developed and

implemented within the parameters establised in the submitted reports referred to, in accordance with Planning Policy Guidance Note 14 (1990).

CONSTRUCTION MANAGEMENT

16. To ensure that the highway network is kept clear, in the interests of highway

safety and in accordance with policy GEN1 of the adopted St Helens Unitary Development Plan (1998).


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17. To ensure that the highway network is kept clear, in the interests of highways

safety and in accordance with policy GEN1 of the adopted St Helens Unitary Development Plan (1998).

18. In the interests of the safe and secure operation of the site in accordance with

policy GEN1 of the adopted St Helens Unitary Development Plan (1998). 19. To ensure that the development is carried out to a high standard, in

accordance with policy GEN1 of the adopted St Helens Unitary Development Plan (1998).

20. In the interests of protecting the amenities of occupants of nearby

residential properties, in accordance with policies GEN1 and GEN2 of the adopted St Helens Unitary Development Plan (1998).

21. In the interests of protecting the amenities of occupants of nearby

residential properties, in accordance with policies GEN1 and GEN2 of the adopted St Helens Unitary Development Plan (1998).

DRAINAGE 22. To ensure that surface water is appropriately drained from the site, in

accordance with Planning Policy Statement 25 (2006) and policy ENV30 of the adopted St Helens Unitary Development Plan (1998).

NOISE MITIGATION 23. To ensure an appropriate standard of residential amenity for future residents

of the development, in accordance with policies GEN1 and GEN2 of the adopted St Helens Unitary Development Plan (1998).

ENVIRONMENT MANAGEMENT 24. To ensure that the development is carried out in an environmentally sensitive

manner, in accordance with policies ENV9 and ENV30 of the adopted St Helens Unitary Development Plan (1998).

25. To ensure that the development is carried out in an environmentally sensitive

manner, in accordance with policies ENV9 of the adopted St Helens Unitary Development Plan (1998).

26. To ensure that the development is carried out in an environmentally sensitive

manner, in accordance with policies ENV9 of the adopted St Helens Unitary Development Plan (1998).

27. Japanese Knotweed (Fallopia japonica) is identified as being present on the

site. The plant is included in Schedule 9 Part 2 of the Wildlife and Countryside Act 1981 (as amended) and as such, it is an offence to cause the plant to grow in the wild.


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HIGHWAYS 28. To ensure that the scheme is carried out to an appropriate standard, in


29. To ensure that appropriate and satisfactory access is made and maintained to

the site, in accordance with policy GEN1 of the adopted St Helens Unitary Development Plan (1998).

30. To ensure that the scheme is carried out to an appropriate standard, in

accordance with policies GEN1 and GEN2 of the adopted St Helens Unitary Development Plan (1998).



32. To ensure that pedestrian movement and access into the site is appropriately

implemented, in accordance with policy GEN1 of the adopted St Helens Unitary Development Plan (1998).



34. To maximise opportunities for travel to both to the Stadium and the

Superstore by modes of transport other than private car. This is in accordance with the provisions Planning Policy Statement Planning and Climate Change: Supplement to Planning Policy Statement 1 (2007) and Planning Policy Guidance Note 13 which encourage alternative modes of transport to the private car, in order to


the site, in accordance with policy GEN1 of the adopted St Helens Unitary Development Plan (1998).





ADDITIONAL CONDITIONS 38. To ensure that the scheme is carried out to an appropriate standard, in



the Cromdale Grove site site, in accordance with policy GEN1 of the adopted St Helens Unitary Development Plan (1998).


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40. To ensure that the scheme is carried out to an appropriate standard, in accordance with policy GEN1 of the adopted St Helens Unitary Development Plan (1998).




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10 IMAGES

View of Site from Sutton Road facing South East

View of site from Sutton Road facing West


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Morrisons Roundabout – Site of Proposed Access

Dwellings on Morris Street


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View North West from side of dwellings on Morris St reet

Access to Blockworks off Watery Lane


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Surface Water Attenuation off Watery Lane

View of Dwellings on Watery Lane


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View East from Watery Lane

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