Planning Committee 2 nd November 2010 P/2010/0855 APPLICATION NO: P/2010/0855 LOCATION: RED BANK COMMUNITY HOME WINWICK ROAD NEWTON LE WILLOWS ST HELENS PROPOSAL: Demolition of existing residential, administration and staff accommodation buildings and erection of 32.no bed secure childrens home with reception, admissions and management area and associated secure perimeter wall / fence, external areas, landscaping and access / road layout proposals. WARD: Newton PARISH: CASE OFFICER: Joanne Sheridan AGENT(S) / APPLICANT(S): ST HELENS COUNCIL STUART RAINBOW 5TH FLOOR WESLEY HOUSE DEVELOPMENT PLAN ALLOCATION: ADOPTED UNITARY DEVELOPMENT PLAN (1998): NATIONAL PLANNING POLICY GUIDANCE/STATEMENT: Green Belt location Within 250m of a landfill site S1 Green Belt S1A Green Belt Objectives GEN 1 Primacy of the Development Plan GEN 2 Good Environments GEN 4 Security and Crime Prevention GEN 7 Institutional and Communal Uses GEN 9 Parking and Servicing GB 1 General Criteria for Development Control in the Green Belt GB 2 General Criteria for Development Control in the Green Belt TRA 7 Cycling ENV 11 Tree Surveys ENV 12A and 12B Development Affecting Existing Trees ENV 13 New Tree Planting on Development Sites ENV 21 Environmental Improvements within Transport Corridors ENV 26 Contaminated Land ENV 30 Drainage PPS 1 Delivering Sustainable Development PPG 2 Green Belts BACKGROUND PAPERS: See Section 3.0 Policies See Section 4.0 Consultations See Section 5.0 Representations See Section 6.0 Planning History REPRESENTATIONS: No representations received RECOMMENDATION: Subject to the Secretary of State not wishing to intervene following referral of the application to the Government Office for the North West grant planning permission subject to conditions.
Transcript
Planning Committee 2nd November 2010
P/2010/0855
APPLICATION NO: P/2010/0855 LOCATION: RED BANK COMMUNITY HOME WINWICK ROAD
NEWTON LE WILLOWS ST HELENS PROPOSAL: Demolition of existing residential, administration and
staff accommodation buildings and erection of 32.no bed secure childrens home with reception, admissions and management area and associated secure perimeter wall / fence, external areas, landscaping and access / road layout proposals.
WARD: Newton PARISH: CASE OFFICER: Joanne Sheridan AGENT(S) / APPLICANT(S):
ST HELENS COUNCIL STUART RAINBOW 5TH FLOOR WESLEY HOUSE
DEVELOPMENT PLAN ALLOCATION: ADOPTED UNITARY DEVELOPMENT PLAN (1998): NATIONAL PLANNING POLICY GUIDANCE/STATEMENT:
Green Belt location Within 250m of a landfill site S1 Green Belt S1A Green Belt Objectives GEN 1 Primacy of the Development Plan GEN 2 Good Environments GEN 4 Security and Crime Prevention GEN 7 Institutional and Communal Uses GEN 9 Parking and Servicing GB 1 General Criteria for Development Control in the Green Belt GB 2 General Criteria for Development Control in the Green Belt TRA 7 Cycling ENV 11 Tree Surveys ENV 12A and 12B Development Affecting Existing Trees ENV 13 New Tree Planting on Development Sites ENV 21 Environmental Improvements within Transport Corridors ENV 26 Contaminated Land ENV 30 Drainage PPS 1 Delivering Sustainable Development PPG 2 Green Belts
BACKGROUND PAPERS: See Section 3.0 Policies See Section 4.0 Consultations See Section 5.0 Representations See Section 6.0 Planning History
REPRESENTATIONS: No representations received RECOMMENDATION: Subject to the Secretary of State not wishing to
intervene following referral of the application to the Government Office for the North West grant planning permission subject to conditions.
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The application is made by the Council’s Chief Executive Department and is presented to the Planning Committee because it is an application made by the Council and is also a departure to the provisions of the Unitary Development Plan (UDP, 1998). 1.0 Application Site 1.1 The application relates to Red Bank Community Home situated to the west of
Winwick Road. The site is bounded by residential development to the north, the West coast mainline to the west, Red Bank Farm to the south and Winwick Road to the east. Redbank Community Home and proposed site of the development is sited within the Green Belt.
1.2 Red Bank Community Home is a secure facility for boys and girls aged 10 –
17 years and has been in operation and in use for over 50 years and currently accommodates 29 young persons.
1.3 The application site cannot be viewed from Winwick Road, as there is a
boundary along Winwick Road of approximately 1.6-1.8m high hedgerow. The application site would be visible from the residential estate to the north and the farm to the south of the site. Given the nature of the use, the site has security fences 5.2m in height. The location of the proposed building is not enclosed and is within the open Green Belt, albeit adjacent to the built up area of the site.
1.4 Red Bank Community Home is an important regional resource in providing
secure accommodation for young offenders. 1.5 The site itself has several buildings, including Vardy House (residential),
Sports Hall, the main Secure Unit (Newton/Willows building – education and residential), numerous office accommodation buildings and residential properties. The buildings were built at different stages (ranging from 1960’s to the more recent open education unit approximately 2002/03.) and lack uniformity in appearance, design and materials within the site.
2.0 The Application 2.1 The application seeks the demolition of existing residential, administration
and staff accommodation buildings and erection of 32.no bed secure childrens home with reception, admissions and management area and associated secure perimeter wall / fence, external areas, landscaping and access / road layout proposals.
2.2 Demolition of the existing Newton and Willow residential units (21 bed) and
the administration blocks are included as part of the proposal. 2.3 The following units are to be retained:
- Secure Education Unit; - Sports Hall; - Open units; - Vardy House (8 bed); and - Remaining staff accommodation houses.
2.4 The building has been designed for functionality and security. The building
would be used for accommodation education and provides four wings – the
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circulation between which is managed by and monitored at the central communal area by Red Bank staff.
3.0 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 – see section 4.6.
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 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 SoS issued a direction and accompanying schedule saving 88 policies on 27th September 2007. Only the saved policies are relevant to the consideration of this application.
3.5 National Policies:
PPS 1 Delivering Sustainable Development PPG 2 Green Belts
3.6 Adopted Unitary Development Plan Policies (1998):
The main policies to consider are: S1 Green Belt S1A Green Belt Objectives GEN 1 Primacy of the Development Plan GEN 2 Good Environments GEN 4 Security and Crime Prevention GEN 7 Institutional and Communal Uses GEN 9 Parking and Servicing GB 1 General Criteria for Development Control in the Green Belt GB 2 General Criteria for Development Control in the Green Belt TRA 7 Cycling ENV 11 Tree Surveys ENV 12A and 12B Development Affecting Existing Trees ENV 13 New Tree Planting on Development Sites
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ENV 21 Environmental Improvements within Transport Corridors ENV 26 Contaminated Land ENV 30 Drainage
4.0 Consultations 4.1 Environmental Health: Contaminated Land: No objections subject to a
standard condition to investigate contaminated land and a standard informative. Environmental Health: Noise: No objections subject to a condition requiring noise mitigation measures. Environmental Health: Pollution: No objection subject to a condition regarding dust mitigation.
4.2 Highways Advisor: No objections subject to three conditions and three informatives.
recommendations bat and bird boxes; 4.4 Environment Agency: No objections subject to two conditions and an
informative. 4.5 Trees and Woodlands Officer: No objection subject to three conditions
relating to trees and their protection. 4.6 Architectural Liaison Officer (ALO): No objections. As the development will
be built under NHS and Home Office standards for secure units. The ALO has no comments, as these standards are fire higher than the Police Architectural Liaison Officer can request under the Secure by Design accreditation scheme.
4.7 Merseyside Fire & Rescue Service: Advice provided. 4.8 Merseytravel: No objections to the proposal. Advise that a travel plan be
requested; ensure that the demolition and construction phase do not impeded the passage of bus services along Winwick Road; the Council should be satisfied that all traffic can be accommodated within the local highway network without resulting in congestion; and ensure the development would accord with the aspirations of the Disability Discrimination Act.
5.0 Representations 5.1 The application has been publicised by forty-three individual neighbour
notification letters, three site notices and press advertisement. No representations were received as a result of the publicity given to the application.
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6.0 Planning History 6.1 P/2001/1202: Extension of existing perimeter fence around existing secure
unit. Granted planning permission 21/12/2001. 6.2 P/2004/1770: Two storey extension to special unit to form new teaching,
shower and wash room, reconfiguration of and new 5.2m high security fence and new bitmac surface. Granted planning permission 07/01/2005.
6.3 P/2004/1907: Construction of a car park for 56 no. car parking spaces and
associated lighting (consisting of 4no. 6m galvanised hockey stick columns with 0.5m bracket arm and lantern). Granted planning permission 09/05/2005.
6.4 P/2005/0533: Change of use of a pair of semi detached houses to a
maintenance workshop. Granted planning permission 21/06/2005 6.5 P/2008/0881: Construction of single storey secure education unit and secure
perimeter fencing, with associated external areas, erection of acoustic fence and extension to existing separate switch room building and services compound. Granted planning permission 31/10/2008.
6.6 P/2009/0294: Erection of a sprinkler tank and secure fence enclosure.
Granted planning permission 22/05/2009. 7.0 Assessment 7.1 Local and National Planning Policy:
Red Bank Community Home is located within the Merseyside Green Belt. Policies GB1 and GB2 contained within the St Helens Unitary Development Plan (1998) (UDP) are the relevant policies for development in the Green Belt. These local policies follow the guidance contained in Planning Policy Guidance note 2: Green Belts. PPG2 states that the essential characteristics of Green Belt are their permanence and their openness; as such, there is a general presumption against inappropriate development in the Green Belt. Such development should not be approved except in very special circumstances. To meet the aims of the Green Belt policy it is essential that the open and rural character of the Green Belt be protected.
7.2 The UDP does not specifically identify the redevelopment of such facilities,
(including educational) in the Green Belt. The redevelopment of Red Bank Community Home including encroachment into the open Green Belt has been advertised as a departure from the local UDP.
7.3 Inappropriate Development:
PPG2 Annex C part 4 makes particular allowances for the extension/redevelopment of major developed sites such as, education establishments. Although the site is not allocated in the UDP as a major development site, however, it is considered reasonable to consider the proposal against this criteria. Annex C states that such proposals are not considered to be inappropriate development in the Green Belt providing that redevelopment: - Has no greater impact than the existing development, on the openness of
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the Green Belt and the purposes of including land in it, and where possible have less;
- Contributes to the achievement of the objectives for the use of the land in Green Belts;
- Should not exceed the height of the existing buildings; - Should not occupy a larger area of the site than the existing buildings.
The proposed redevelopment extends into open Green Belt land. It is considered that the proposal fails to satisfy the above criteria and the proposed building is considered to be ‘inappropriate development’ in the Green Belt and therefore consideration needs to be given as to whether there are very special circumstances to justify the proposed education building, within the Green Belt.
7.4 Case for Exceptional Circumstances:
Red Bank Community Home is an important regional and national resource in providing secure accommodation for young offenders.
Red Bank Community Home has provided a ‘Supporting Planning Statement’ to support their submission, which outlines the role Red Bank Community Home. Red Bank Community Home is of significant importance in providing secure accommodation for young offenders. Red Bank has a reputation for providing quality education and care. In order to continue to do so, it is crucial that the young people be afforded the facilities that will mean they are not placed at a disadvantage to their mainstream peers.
Independent inspections of the existing facilities have demonstrated the
fundamental need to develop new and improved accommodation. The facility has been subject to individual additions and adaptations since he 1960’s in order to address education and accommodation requirements. These numerous changes have led to a lack of space, flexibility and privacy, which cannot be sustained in the long-term.
A number of OFSTED reports highlight the need for improvement to the accommodation provided at Red Bank:
OFSTED Report June 2006: - The building is ageing and will require replacement, but efforts are made to make the most of all aspects of the physical resources. - The buildings are old and will eventually require replacement. OFSTED Report November 2007: - The buildings are old and require considerable investment to bring them up to modern standards. Extensive improvement work has been done to make the residential units more comfortable. - The limitations imposed by the premises continue to make an impact on the quality of care that the staff are able to deliver. The young people’s bedrooms do not have any en-suite arrangements, and privacy is an issue when young people are bathing. OFSTED Report January 2009: - The premises and facilities at Red Bank fulfil their task, but are ageing and no longer ideal for an evolving and developing service for young people. OFSTED Report May 2009:
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- The building is ageing and does not meet the requirements of a modern secure children’s facility. The young people have to share washing and toilet facilities, and there is a shortage of appropriate communal space. OFSTED Report May 2010: - The building and housing living accommodation is ageing and does not meet the requirements of a modern secure children’s facility. Shared washing and toilet facilities are a feature throughout due to lack of any en-suite facilities.
The closure of secure facilities in the North West has left the area short of secure places based on Youth Justice Board (YJB) projections. Failure to provide adequate facilities at Red Bank may result in youngsters needs failing to be met necessitating them being accommodated away from the region and outside the 50 mile radius of home that YJB good practice demands.
It is considered that all of the above provide a case for special circumstances that could justify the granting of planning permission.
7.5 Alternative option:
The ‘Supporting Planning Statement’ has given consideration to alternative sites within the Red Bank catchment area and within the current Red Bank site boundary. It is written that although a number of non Green Belt sites within the catchment area, and specifically within the St Helens target area, can be identified as potentially suitable, these have been discounted as unfeasible. The primary reasons for these sites have been discounted are economic viability and the need to disaggregate the facility, which would result in young people being required to travel back to the Red Bank site to attend secure education/sports building. The security implications of this would be wholly unacceptable.
In order to ensure that the service offered by Red Bank is not disaggregated by the redevelopment, the applicant has then considered how the proposed facility may be developed within the existing site and ownership area. Four alternative sites within the overall site were considered in total. The siting of the building subject of this application is the site of the existing car park and former observation/assessment centre. The applicant has stated that the site is suitable for the following reasons: - The site is of a size that would allow an appropriate level of accommodation to be provided in single storey blocks - Development would be central to the existing core facilities at Red bank, and an appropriate distance from the Secure Education Unit and Sports Hall to allow for the safe and secure movement of children; - The site is a reasonable distance away from existing residential properties and the railway line to ensure that amenity would not be detrimentally affected; - The site would allow the continued use and easy phasing of children as the new facility is constructed.
It is accepted that the redevelopment of Red Bank is the only feasible option in the vicinity. To allow the redevelopment would allow Red Bank to function without interruption and without the site being disaggregated, which would have wide significant issue in terms of safety and security of young people and staff.
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7.6 Principles of the proposed design: The proposal in the Green Belt is of a sensitive nature; it is inappropriate development in the Green Belt. The design of any proposal in the Green Belt should aim to reduce its impact on the openness in the Green Belt. With that said, given the nature of the use of the site, security and functionality are at the forefront of the design of the proposed building rather than the design of the building trying to reduce the impact of the Green Belt. All new Secure Units must adhere to stringent design standards and principles as contained within the Secure Children’s Home Design Guide by Atkins Consultants Ltd, on behalf of the Department for Children.
Each residential unit would be single storey and provide living areas and
bedrooms with en suite facilities. The Design and Access Statement states that it is a fundamental design requirement that no new unit has facilities for use by young people above the ground floor for safety and security reasons.
The height of the residential block is 7.84m from finished ground level to ridge and where roof lights are provided for essential ventilation, this increases to 8.72m, which is higher than a traditional single storey building. A minimum eaves level of 4.2m is proposed with a 1.5m overhang to prevent access onto the roof by young people. Given the secure nature of the facility and the requirement to provide safe spaces free from ligature points and the potential for harm/self harm, all services including fixings, pipe work, ductwork need to be located in the roof space above the ground floor accommodation. In order to provide safe access for maintenance, routes through the plant rooms must be properly delineated and be clear from obstructions and require a minimum height of 2.1m.
The residential units would be supported by a central facilities and reception/admission area which will form the ground floor of the two storey central area. The first floor would provide office accommodation for staff. It is the aim of the applicant to achieve a “very good” BREEAM (BRE Environmental Assessment Method) rating. To achieve of this, a series of vertical roof lights are located along the roof ridge of each residential unit. These would enable mechanical ventilation to be reduced by introducing natural ventilation into the building. As well as being integral to the ventilation strategy, the roof lights provide the only means of day lighting the bedroom corridors.
7.7 Highways: As the proposal involves an increase of only 3 beds on the existing secure home the level of traffic generation will be similar to the existing situation and there will be no adverse impact on the highway situation.
The proposal involves an improvement to the existing access point and the installation of a pedestrian refuge facility to assist pedestrian movement across Winwick Road and these will assist both vehicular and pedestrian movement to and from the site and provide better linkage to the public transport network.
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The existing car parking facilities are scattered throughout the existing site and, whilst the proposal involves a slight reduction in the number of spaces, the proposed layout offers a consolidation of the parking areas in a centralised location and to a level that is considered acceptable and commensurate with the operation of the site. The internal layout also provides adequate space for occasional overflow parking if required.
The parking proposed would comply with Supplementary Planning Guidance ‘Ensuring a Choice of Travel.’
7.8 Landscaping:
The Trees and Woodlands Officer has provided comments on the proposed scheme and largely supports the proposal and believes that information relating to tree protection and landscaping has been provided to a high standard. Whilst some trees will be lost because of the scheme, every effort has been made to minimise impacts and indeed significant changes were made to help retain particularly good trees. The landscaping does provide a lot of new tree planting and several new garden areas. Twenty-five trees have been identified in the Arboriculture Implications Assessment as required to be removed to facilitate development. Proposals illustrate 80 new trees to be planted. Improvements to the boundaries of the site have also been proposed, including the planting along the railway boundary and alongside the farm. The amended landscape plan KD-Z(90)X-00-103 Rev A also shows the additional hedgerow and tree planting along the eastern boundaries. Impacts on trees could potentially be significant on this site during construction. A good quality tree protection plan has been specified but the key to it will be its strict implementation and maintenance during the project. It is also stated in the Arboricultural Implications Assessment under 6.1 and 7.3 that special above ground construction will be required within the Construction Exclusion Zones (CEZ) of Trees T2 and T3. These trees will be key features of the landscaping and so their protection with good quality fencing and consideration of construction in the CEZ’s will be required (also known as Root Protection Areas – RPA). It may also be the case that works may be required to trees that are being retained on site and as such the developer may need works to make them both safe and avoid causing nuisance with the new layout as such the provision of an arboricultural method statement would be beneficial.
The replacement trees proposed would comply with and exceed the requirements contained in the UDP Policy 12B.
7.9 Boundaries:
Ensuring a secure boundary to the facility is paramount to re-development. Secure perimeter walls/fences are 5.2m high, with walls and fences within the perimeter 4.2m high. This is in accordance with the existing boundaries on the site and also Atkins Design Guide for Secure Children’s Homes.
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7.10 Construction/phasing: The facility must remain functional throughout the building programme. A phasing plan was submitted with the application, which includes a temporary car parking area to the east of the site. Should this planning application be granted, the parking area would be permitted development in accordance with The Town and Country Planning (General Permitted Development) Order 1995 Part 4 Class A ‘Temporary Buildings and Uses.’
7.11 Noise:
No objections were received from Environmental Health Noise Officer, subject to a condition requiring mitigation measures as stated in paragraph 6 of the Azymuth Acoustics noise report dated 25/11/2009.
7.12 Flood Risk:
The application was accompanied by a Flood Risk Assessment, as required for development sites that are more than 1 hectare, as this site is. The Environment Agency recommended two conditions (numbers 10 and 11) to ensure surface water is managed to prevent flooding in accordance with PPS 25 ‘Development and Flood Risk.’
8.0 Conclusions 8.1 On balance, it is considered that a case for the justification of exceptional
circumstances has been met. The potential detriment on the openness and character of the Green Belt is outweighed by a genuine need to improve facilities and re-organise the existing provision of specialised secure accommodation facilities at this regionally significant facility. The facility will greatly enhance the quality of accommodation provided to the young people and thus enhance their ability to re engage with education, training and employment opportunities in their own communities a vital element in achieving the overall objective of prevention of further offending. It would be operationally inappropriate for the secure educational facilities to be located off site, as this would introduce an inappropriate level of risk into the management of Young People to and from the remote facility.
9.0 Recommendation 9.1 That subject to the Secretary of State not wishing to intervene following
referral of the application to the Government Office for the North West grant planning permission subject to the following conditions:
1. T10 The development must be begun within three years of the date of the decision notice.
2. NON STD The proposal hereby permitted shall be carried out in accordance with the following plans, unless otherwise agreed in writing with the Council as Local Planning Authority: Drawing No. KD-G (90)X-00-007 Proposed Location Plan 1:500; Drawing No. KD-G (90)X-00-001 Rev 02 Proposed Site Plan 1:500;
Drawing No. 60150464-SK-009 Rev – Overall Site Layout 1:500; Drawing No. KD-G (90)X-00-004 Rev 00 Phasing Plan 1:500 Drawing No. KD-G (00)X-00-001 Rev 07 Plan Ground Floor 1:200 Drawing No. KD-G (00)X-01-001 Rev 06 Plan First Floor 1:200
Drawing No. KD-G (00)E-01-001 Rev 00 Plan - Administration First Floor 1:100 Drawing No. KD-G (00)A-00-001 Rev 00 Plan - Residential Unit A Ground Floor 1:100
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Drawing No. KD-G (00)B-00-001 Rev 00 Plan - Residential Unit B Ground Floor 1:100 Drawing No. KD-G (00)C-00-001 Rev 00 Plan - Residential Unit C Ground Floor 1:100 Drawing No. KD-G (00)D-00-001 Rev 00 Plan - Residential Unit D Ground Floor 1:100 Drawing No. KD-G (00)E-00-001 Rev 01 Plan - Central Facilities Ground Floor 1:100 Drawing No. KD-G (00)X-RL-001 Rev 05 Plan - Roof 1:200 Drawing No. KEP-G (04)A-X-001 Rev 00 Residential Unit A Elevations A1+A2+A3 1:100 Drawing No. KEP-G (04)B-X-001 Rev 01 Residential Unit B Elevations B1+B2+B3 1:100 Drawing No. KEP-G (04)C-X-001 Rev 00 Residential Unit C Elevations C1+C2+C3 1:100
Drawing No. KEP-G (04)D-X-001 Rev 00 Residential Unit D Elevations D1+D2+D3 1:100 Drawing No. KEP-G (04)E-X-001 Rev 02 Central Facilities Elevations E1+E2+E3
Drawing No. KEP-G (05)A-X-001 Rev 00 Residential Unit A Sections A1+A2+A3 1:100 Drawing No. KEP-G (05)B-X-001 Rev 00 Residential Unit B Sections B1+B2+B3 1:100 Drawing No. KEP-G (05)C-X-001 Rev 00 Residential Unit C Sections C1+C2+C3 1:100 Drawing No. KEP-G (05)D-X-001 Rev 00 Residential Unit D Sections D1+D2+D3 1:100 Drawing No. KEP-G (05)E-X-001 Rev 01 Central Services E Sections E1+E2+E3+ E4+E5 1:100 Drawing No. KD-G (90)X-00-005 Rev 01 Proposed Site Plan Fence Details 1:500 Drawing No. 60150464/E/009 Rev - Indicative External Lighting Layout 1:250 Drawing No. 60150464/E/009 Rev - External Lighting 1:250 Drawing No. KD-G (90)X-00-006 Rev 00 Topographical Survey 1:500 Drawing No. KD-Z (90)X-00-103 Rev A (Amended Plan) Landscape Masterplan 1:500 Drawing No. KD-M (90)X-00-106 Rev - General Landscape Layout - Unit D Garden Area 1:100 Drawing No. KD-M (90)X-00-10 Rev - General Landscape Layout - Unit D Neutral Area 1:100 Drawing No. 01 Rev A Drainage Sketch Layout 1:250 (Preliminary) Drawing No. 05 Rev A Drainage Sketch Layout 1:250 Drawing No. KD-X (90)X-XX-001 Rev 00 3D Image Site Perspective Drawing No. KD-X (90)X-XX-002 Rev 00 3D Image Site Perspective Drawing No. KD-X (90)X-XX-003 Rev 00 3D Image Site Perspective Drawing No. KD-X (90)X-XX-004 Rev 00 3D Image Site Perspective
3. M02 Precise details of the external facing materials and finishes to be used shall be submitted to and approved in writing by the Council as Local Planning Authority prior to the commencement of any site works. The works hereby approved shall be constructed to those agreed details and retained as such thereafter.
4. NON STD No part of the development hereby permitted shall commence until ground contamination issues have been addressed as detailed below:
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a) a investigation and assessment methodology, including analysis suite and risk assessment methodologies, has been agreed in writing by the Local Planning Authority prior to site investigations. b) a site investigation and assessment has been carried out by the appropriate qualified and experienced personnel to determine the status of contamination [including chemical / radiochemical / flammable or toxic gas / asbestos / biological / physical hazards / other contamination] at the site and submitted to the Local Planning Authority. The investigations and assessment shall be in accordance with current Government and Environment Agency recommendations and guidance and shall identify the nature and concentration of any contaminants present, their potential for migration and risks associated with them. c) a remediation scheme, which shall include an implementation timetable, monitoring proposals and remediation validation methodology, has been agreed with the Local Planning Authority and The agreed remediation scheme shall be demonstrably and successfully completed before the proposed use commences. It is important that remediation is undertaken in accordance with the proposed remediation strategy, and that accurate documentary evidence is maintained so that it can be summarised along with validation testing as part of a site completion report. Any variation found in the ground should trigger the immediate notification of the developer’s consultant, the Planning Department and the Council’s Environmental Protection Section. A Site Completion Report shall be submitted to the Local Planning Authority and approved in writing before this condition will be discharged. This shall include details on: the remediation works undertaken; validation testing of the adequacy of any remediation; certificates of the suitability of the imported cover materials (from a suitably qualified independent person); the fate of any excavated material; and any planned verification monitoring programme including details of any installed post-completion monitoring devices with measures to be undertaken should action limits be exceeded. This report forms the most important documentary evidence that the site has been remediated to a ‘suitable for use’ standard, and should be conducted by a suitably qualified professional.
5. NON STD Noise mitigation measures shall be fully implemented to the satisfaction of the Council as Local Planning Authority as stated in paragraph 6 of the Azymuth Acoustics Noise Report dated 25/11/2009
6. NON STD Prior to the commencement of development, a dust management scheme for the demolition and construction phase of the development shall be submitted to and agreed in writing by the local planning authority. The scheme shall identify the best practicable means for minimizing dust generated by the demolition and construction activities, including the movement of vehicles across the site and access roads. The development shall be implemented in accordance with the approved scheme.
7. NON STD Except for site clearance and remediation, no part of the development hereby approved shall commence until a scheme for the design and construction of the works of highway improvement has been submitted to, and approved in writing by, the Planning Authority. For avoidance of doubt the works of highway improvement comprise: i. Improved site access to Winwick Road incorporating 6m radii and width of 5.5m for 15m from the channel line of Winwick Road. ii. Construction of a pedestrian refuge facility within Winwick Road in the vicinity of the site access. The approved schemes shall subsequently be constructed and completed prior to first occupation.
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8. NON STD Prior to first use of the premises for the purpose hereby permitted, the areas indicated on the submitted plans to be set aside for parking and servicing needs shall be surfaced, drained and permanently marked out/demarcated in accordance with the details and specifications shown, unless the Planning Authority agrees to any variation in writing. The approved parking/servicing areas shall be retained for those uses thereafter.
9. NON STD Prior to first use of the premises for the purpose hereby permitted, cycle parking provision in line with the Council’s current standards shall be provided in accordance with details which shall have first been submitted to, and approved in writing by, the Planning Authority. The approved cycle parking provision shall be kept free for that specific use thereafter. Notwithstanding the provisions of the Town and Country Planning Act (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) no Building works, which reduce this provision, shall take place except following the express grant of planning permission by the Council.
10. NON STD The development hereby permitted shall not be commenced until such time as; a scheme to limit the surface water run-off generated by the proposed development, has been submitted to and approved in writing by the Local Planning Authority.
11. NON STD The development hereby permitted shall not be commenced until such time as a scheme to manage the risk of flooding from overland flow of surface water, has been submitted to and approved in writing by the Local Planning Authority.
12 NON STD Temporary measures to provide physical protection of all trees, hedges and shrubs shown to be retained on the submitted plans (and detailed within the document Land at Redbank Community House Newton-le-Willows Arboricultural Implications Assessment Report Ref:TEP.2189.001 Revision A July 2010) shall be agreed in writing with the Council as Local Planning Authority and implemented prior to the commencement of the development as such. (The St.Helens Trees and Woodlands Officer should be notified so all tree Protection Fencing can be inspected and approved prior to work commencing on site). The provision of construction exclusion zones (Root Protection Areas) must be achieved by the erection of protective fencing using either the closed board method or secured Herris fencing method as described in British Standard BS5837 (2005). The areas so defined shall be kept free of machinery, stored materials of all kinds and any form of ground disturbance not specifically catered for in the agreed measures, for the duration of site and building works.
13. NON STD Method statement should be provided detailing the construction methods for any construction of paths and other structures within the Construction Exclusion Zones (Root Protection Areas) of trees on site. This should clearly indicate construction methodology and in particular those measure designed to minimise impacts on adjacent trees and seek to avoid any excavation. This should be produced in conjunction with an Arboricultural consultant and approved by the St.Helens Trees and Woodlands Officer prior to construction commencing on site. The method statements should also clearly indicate the level of arboricultural supervision that will be present on site during key works in areas near trees and the mechanism for reporting on progress with works.
14. NON STD An Arboricultural Method Statement, should be provided, prior to construction taking place on site detailing all tree works to be carried on site. This should be produced in conjunction with an Arboricultural consultant and approved by the St.Helens Trees and Woodlands Officer prior to construction commencing on site and the tree works shall be carried out in accordance
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with the current version of British Standard BS3998 (Recommendation for Tree Work).
15. L03 The approved landscaping scheme shall be carried out within 6 months of the date of the first occupation of any building or completion of the development whichever is the sooner unless otherwise agreed in writing by the Local Planning Authority. Any trees or plants, or grassed areas which within a period of 5 years from the date of planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size, species or quality, unless The Local Planning Authority gives written consent to the variation.
16. NON STD All weatherboards, soffits and barge boards must be removed by hand. If at any time bats are found then work must be halted immediately and an ecologist consulted.
17. NON STD No development shall take place until a scheme for the biodiversity enhancement recommendations as stated in Bat and Bird Survey, July 2010, TEP has been submitted to and approved in writing by the Council as Local Planning Authority. The scheme should include: - Provision of bat bricks / boxes or slates - Provision of bird boxes, including House sparrow nest boxes on new buildings, - Native tree and shrub planting - Green trellising on new buildings. The approved scheme shall be fully implemented in prior to the first occupation of the building and kept in situ unless otherwise agreed in writing.
18. NON STD No tree, scrub or hedgerow felling, management and/or cutting operations should take place during the period 1 March to 31 August inclusive to protect breeding birds.
Reasons
1. R02 Section 91 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
2. NON STD For the avoidance of doubt. 3. R08 To ensure satisfactory appearance, in accordance with Policy GEN 1 (i)
‘Primacy of the Development Plan’ of the adopted Unitary Development Plan (1998), which seeks to maintain or enhance the character of the local environment, in particular through layout, scale, design, materials and landscaping.
4. R38 To ensure that any contamination is treated to the satisfaction of the Local Planning Authority in accordance with Policy GEN 1 (viii) ‘Primacy of the Development Plan’ of the Unitary Development Plan (1998), which seeks to ensure that comprehensive measures and programmes for remedial ground treatments are undertaken for developments where appropriate.
5. R36 To safeguard local environmental conditions in accordance with Policy GEN 2 (ii) ‘Good Environments’ of the adopted Unitary Development Plan (1998) which seeks to safeguard existing good environments form the adverse external effects of new built developments and other proposals including changes of use and extensions.
6. R36 To safeguard local environmental conditions in accordance with Policy GEN 2 (ii) ‘Good Environments’ of the adopted Unitary Development Plan (1998) which seeks to safeguard existing good environments form the adverse external effects of new built developments and other proposals including changes of use and extensions.
7. NON STD To ensure that the highway network is adequate to cater for the development proposed and in order that the traffic generated by the development does not exacerbate unsatisfactory highway/transportation
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conditions; in accordance with Policies GEN 1 – Primacy of the Development Plan, GEN 2 – Good Environments, TRA 2 – Traffic Calming of the adopted Unitary Development Plan.
8. NON STD To ensure that adequate on-site provision is made for traffic generated by the use of the premises, including allowance for the safe circulation, manoeuvring, loading and unloading of vehicles, as well as parking, and that hard-surfaced areas are satisfactory in appearance in accordance with the provision of Policy GEN 9 - Parking and Servicing of the adopted Unitary Development Plan.
9. NON STD To establish measures to encourage more sustainable non-car modes of transport, to encourage the benefit of natural surveillance and security in order to actively deter criminal activity, including vandalism; in accordance with the provision of Policies S7 – Sustainable Development, TRA 7 – Cycling and GEN 4 - Security and Crime Prevention of the adopted Unitary Development Plan.
10. NON STD To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.
11. NON STD To reduce the risk of flooding to the proposed development and future occupants.
12. R19 To ensure that the development is carried out with minimum loss of existing landscape features which are important to the character and amenity of the surrounding area and, in particular, that mature trees suffer minimum disturbance in accordance with Policy ENV 12B (iii) ‘Development Affecting Existing Trees’ of the adopted Unitary Development Plan (1998), which requires retained trees and woodland to be protected and managed before, during and for a prescribed period after construction.
13. R19 To ensure that the development is carried out with minimum loss of existing landscape features which are important to the character and amenity of the surrounding area and, in particular, that mature trees suffer minimum disturbance in accordance with Policy ENV 12B (iii) ‘Development Affecting Existing Trees’ of the adopted Unitary Development Plan (1998), which requires retained trees and woodland to be protected and managed before, during and for a prescribed period after construction.
14. R19 To ensure that the development is carried out with minimum loss of existing landscape features which are important to the character and amenity of the surrounding area and, in particular, that mature trees suffer minimum disturbance in accordance with Policy ENV 12B (iii) ‘Development Affecting Existing Trees’ of the adopted Unitary Development Plan (1998), which requires retained trees and woodland to be protected and managed before, during and for a prescribed period after construction.
15. R18 To safeguard the amenities of neighbouring properties and improve the appearance of the site in accordance with the provision of Policy GEN 1 (iv) ‘Primacy of the Development Plan’ of the adopted Unitary Development Plan (1998), which requires new developments to provide landscaping (including means of enclosure) as an integral component, whenever appropriate and wherever possible, contribute to new wildlife habitats.
16. R50 To safeguard the habitats of protected species in accordance with Policy ENV 9 ‘Species Protection Policy’ of the adopted Unitary Development Plan (1998), which seeks to ensure that protected species and their habitats are adequately safeguarded.
17. R50 To safeguard the habitats of protected species in accordance with Policy ENV 9 ‘Species Protection Policy’ of the adopted Unitary Development Plan (1998), which seeks to ensure that protected species and their habitats are adequately safeguarded. Also to contribute towards targets set within the UK
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and North Merseyside Biodiversity Plan and would be in keeping with the principles of PPS 9.
18. R50 To safeguard the habitats of protected species in accordance with Policy ENV 9 ‘Species Protection Policy’ of the adopted Unitary Development Plan (1998), which seeks to ensure that protected species and their habitats are adequately safeguarded.
Informatives
1. With effect from 1 April 2009, Government legislation introduced new national procedures for the discharge of conditions relating to planning permissions. Where planning permission is granted subject to conditions, it is the responsibility of the applicant, or any subsequent developer, to ensure that the terms of all conditions are met in full at the appropriate time. For each request to discharge one or more conditions, on a householder planning application the fee payable is currently £25.00. For all other planning applications, the fee payable is currently £85.00 per request. * It should be noted that any number of conditions, relating to the same planning application, can be discharged at one time and therefore will only incur the one applicable fee. If conditions are discharged individually, a fee will be payable for each request made. Requests to discharge conditions can be made in writing, or on the appropriate 1 APP form (this can be downloaded by following the link: http://www.sthelens.gov.uk/page.htm?id=2655), and sent with supporting plans/information to St Helens Council, Town Hall, Development Control Section, Victoria Square, St Helens, WA10 1HP or via email [email protected]. Should you wish to discuss or seek advice in advance of the submission, you should contact the planning case officer who dealt with the application in the first instance, or contact the general office number 01744 456159 so that your query can be appropriately directed. * Please note that fees payable in relation to formal planning determinations are subject to national regulations which prescribe the amounts payable, these may be subject to change.
2. Environmental Protection Act 1990 - Part IIA:
It is strongly recommended that the applicant considers the status of the site under Part IIA of the EPA 1990 at the same time as assessing its suitability for use under the planning process and that the advice of the LPA and Environment Agency is routinely sought. This approach is advised to minimise the potential for any future regulation from uncharacterised issues. The applicant should also have regard to the following statement in Planning Policy STATEMENT 23 (section 2.51) “As a minimum, after carrying out the development and commencement of its use, the land should not be capable of being determined as contaminated land under Part IIA of the EPA 1990.”
3. It is an offence to carry out any works within the public highway without
permission of the Highway Authority. This consent requires the construction of a pedestrian refuge and construction, improvement or alteration of an access to the public highway. Under Section 184 of the Highways Act 1980 the Highway Authority must specify the works to be carried out and only the Highway Authority or contractor approved by the Highway Authority can carry out the works. Therefore prior to commencing any works that affect the access you must contact Danny Gordon, Streetworks Manager, Wesley House, Corporation Street, St Helens WA10 1HF (Tel No. 01744 676382) for further details.
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4. Prior to commencement of development a joint inspection between the applicant and the Highway Authority of the condition the existing footways/carriageways within the vicinity of the site should be carried out. The applicant is advised to contact Danny Gordon, Streetworks Manager, Wesley House, Corporation Street, St Helens WA10 1HF (Tel 01744 676382) for further details.
5. The applicant is reminded that it is an offence to allow material to be carried
from the site and deposited on or cause damage to the highway from uncleaned wheels or badly loaded vehicles. The Highway Authority will seek to recover any expenses incurred in clearing, cleaning or repairing highway surfaces and will prosecute persistent offenders under Sections 131, 148 & 149 of the Highways Act 1980.
6. During times of severe rainfall overland flow of surface water could cause a
flooding problem. The site layout is to be designed to contain any such flooding within the site, that new buildings are not affected and that safe access and egress is provided. The discharge of surface water from the proposed development is to mimic that which discharges from the existing site. If surface water is to discharge to mains sewer, the water company should be contacted for confirmation of the acceptable discharge rate. For discharges above the allowable rate, attenuation will be required for up to the 1% annual probability event, including allowances for climate change. The discharge of surface water should, wherever practicable, be by Sustainable Drainage Systems (SuDS). SuDS, in the form of grassy swales, detention ponds, soakaways, permeable paving etc., can help to remove the harmful contaminants found in surface water and can help to reduce the discharge rate.
7. See letter from Merseyside Fire & Rescue Service.
8. Your attention is drawn to the legal responsibility of the developer with
respect to ensuring the protection of species protected under European and British law. It is an offence under the Wildlife and Countryside Act 1981(as amended) intentionally to kill, injure or take any wild bird, damage or destroy a nest while it is in use or being built, or to take or destroy an egg of any wild bird. Applications, which affect species protected under the Conservation (Natural Habitats and c.) Regulations 1994 must be submitted with suitable ecological surveys and appropriate mitigation measures.
Bats All species of bats are fully protected under Schedule 2 of the Conservation (Natural Habitats and c.) Regulations 1994 and Schedule 5 of the Wildlife and Countryside Act 1981 (as amended). Bats live in new and old buildings; barns, bridges, tunnels and also trees. If you know or suspect the presence of bats please seek advice. If you discover bats while you are undertaking work you must STOP work immediately and contact: The Planning Department, St. Helens Council, Town Hall, Victoria Square, St Helens Merseyside WA101HP. Tel:01744 456000 For further information on bats please contact: Stan Irwin –12 Tyrers Close, Formby, Merseyside L37 4BE (01704 385735); or
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Paul Rooney –32 Ellaby Close, Rainhill, Merseyside (Tel: 0151 426 1490); or Merseyside Bat Group c/o Phil Witter, Liverpool Museum, William Brown Street, Liverpool (Tel: 0151 207 0001).
