APPLICATION NUMBER: 2020/37393

D E L E G A T E D O F F I C E R R E P O R T

W a r r i n g t o n B o r o u g h C o u n c i l P l a n n i n g D e p a r t m e n t

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APPLICATION NUMBER: 2020/37393

Ward: Poulton North

Date Registered: 21-Jul-2020

Case Officer Elizabeth Snead

Applicant: S Fallon, Praya Homes Ltd

Location: STATION GOODS YARD SITE, GREEN LANE, POULTON-WITH-FEARNHEAD, WARRINGTON

Proposal: Variation of Condition (Major) Proposed variation of Condition 2 (Approved Plans and documents) on previously approved application 2016/29398 to amend house types , minor alterations to the layout and to provide all dwellings as 100% affordable homes

Recommendation: Approve subject to Conditions

Conditions and/or Reasons

1. The development shall be carried out in accordance with the following documents: (a) The planning application forms and additional information received by Warrington Borough Council on 21/07/2020 (b) Submitted drawing numbers P20-1553-50 - Housetype Birch - Semi Detached; P20-1553-51 - Housetype Birch - Detached; P20-1553-52 - Housetype Cherry - Semi Detached; P20-1553-54 - Housetype Hazel - Detached; P20-1553-55_01 - Housetype Hazel - Semi Detached (sheet 1); P20-1553-55_02 - Housetype Hazel - Semi Detached (Sheet 2); P20-1553-56_01 - Apartment Block - Aspen (Sheet 1) and P20-1553-56_02 - Apartment Block - Aspen (sheet 2) received on 21/07/2020 (c) Submitted drawing number P20-1553-001C - Site Layout received on 24/07/2020 Reason: for the avoidance of doubt and to enable Warrington Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policy QE7 of the Warrington Core Strategy.

2. None of the buildings hereby approved shall go above slab level until written and photographic details of the external roofing and facing materials (including manufacturer’s details) shall be submitted to the local planning authority for approval. Materials samples shall be made available to view on site and shall NOT be deposited with the Local Planning Authority. The development shall be constructed in accordance with the approved details/samples Reason: In order to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction

3. The works on site shall be undertaken in accordance wtih the following document:; Construction Environmental Management Plan dated 23rd May 2018 Reason: In order to comply with Policy QE6 of the Warrington Core Strategy.



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4. Contaminated Land Condition: Characterisation & Remediation Strategy No development (other than demolition and site clearance works) shall take place until the steps in Sections A and B below are undertaken: A: CHARACTERISATION: With specific consideration to human health, controlled waters and wider environmental factors, the following documents must be provided (as necessary) to characterise the site in terms of potential risk to sensitive receptors: o Preliminary Risk Assessment (PRA or Desk Study) o Generic Quantitative Risk Assessment (GQRA) informed by a Intrusive Site Investigation o Detailed Quantitative Risk Assessment (DQRA) o Remedial Options Appraisal Completing a PRA is the minimum requirement. DQRA should only to be submitted if GQRA findings require it. B: SUBMISSION OF A REMEDIATION & VERIFICATION STRATEGY: As determined by the findings of Section A above, a remediation strategy (if required) and verification (validation) strategy shall submitted in writing to and agreed with the LPA. This strategy shall ensure the site is suitable for the intended use and mitigate risks to identified receptors. This strategy should be derived from a Remedial Options Appraisal and must detail the proposed remediation measures/objectives and how proposed remedial measures will be verified. The actions required in Sections A and B shall adhere to the following guidance: CLR11 (Environment Agency/DEFRA, 2004); BS10175 (British Standards Institution, 2011); C665 (CIRIA, 2007). Reason: The information is required prior to commencement of development on site to ensure that risks posed by land contamination to human health, controlled water and wider environmental receptors on the site (and in the vicinity) are mitigated against during development works and after completion. To comply with with Policy QE6 of the Adopted Local Plan Core Strategy (July 2014); Paragraph 121 of the National Planning Policy Framework (March 2012), and Section 4 of the Environmental Protection Supplementary Planning Document (May 2013). Disclaimer: Irrespective of any involvement by this LPA, the responsibility to address contaminated land issues, including safe (re)development and secure occupancy, resides entirely with the Landowner/Developer of the site.

5. Contaminated Land Condition: Completion The development shall not be taken into use until the following requirements have been met and required information submitted to and approved by the Local Planning Authority (LPA): A: REMEDIATION & VERIFICATION: Remediation (if required) and verification shall be carried out in accordance with an approved strategy. Following completion of all remediation and



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verification measures, a Verification Report must be submitted to the LPA for approval. B: REPORTING OF UNEXPECTED CONTAMINATION: All unexpected or previously-unidentified contamination encountered during development works must be reported immediately to the LPA and works halted within the affected area(s). Prior to site works recommencing in the affected area(s), the contamination must be characterised by intrusive investigation, risk assessed (with remediation/verification measures proposed as necessary) and a revised remediation and verification strategy submitted in writing and agreed by the LPA. C: LONG-TERM MONITORING & MAINTENANCE: If required in the agreed remediation or verification strategy, all monitoring and/or maintenance of remedial measures shall be carried out in accordance with the approved details. The site shall not be taken into use until remediation and verification are completed. The actions required to be carried out in Sections A to C above shall adhere to the following guidance: CLR11 (Environment Agency/DEFRA, 2004); BS10175 (British Standards Institution, 2011); C665 (CIRIA, 2007). Reason: To mitigate risks posed by land contamination to human health, controlled water and wider environmental receptors on the site (and in the vicinity) during development works and after completion and to comply with Policy QE6 of the Adopted Local Plan Core Strategy (July 2014); Paragraph 121 of the National Planning Policy Framework (March 2012), and Section 4 of the Environmental Protection Supplementary Planning Document (May 2013). Disclaimer: Irrespective of any involvement by this LPA, the responsibility to address contaminated land issues, including safe (re)development and secure occupancy, resides entirely with the Landowner/Developer of the site.

6. Glazing Specification – Entire Site A minimum glazing specification which achieves at least 28dB Rw+Ct shall be implemented across the entire site in accordance with paragraph 4.2 of the E3P Acoustic report titled ‘Noise and Vibration Impact Assessment, Station Goods Yard, Padgate’, Report reference 50-208-R1-1 and dated 16th October 2020. Reason: To protect the amenity of future occupiers from the effects of noise from the nearby road and rail network and to comply with Policy QE6 of the Adopted Local Plan Core Strategy (July 2014); and Paragraphs 170(e) & 180(a) of the National Planning Policy Framework (February 2019); and Section 6 of the Environmental Protection Supplementary Planning Document (May 2013)

7. Ventilation Specification – Entire Site Details of the proposed ventilation treatments to properties and apartments concluded as necessary within the E3P acoustic report in accordance with paragraph 4.2.1, 4.2.2 and 5.2 of the E3P Acoustic report titled ‘Noise and Vibration Impact Assessment, Station Goods Yard, Padgate’, Report reference 50-208-R1-1 and dated 16th October 2020, shall be submitted to the Local Planning authority for written approval. Once approved, the agreed ventilation systems shall be installed prior to first occupation and shall be retained and maintained thereafter.



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Reason: To protect the amenity of future occupiers from the effects of noise from the nearby road and rail network and to comply with Policy QE6 of the Adopted Local Plan Core Strategy (July 2014); and Paragraphs 170(e) & 180(a) of the National Planning Policy Framework (February 2019); and Section 6 of the Environmental Protection Supplementary Planning Document (May 2013)

8. Garden Area Acoustic Protection Details of a 1.8m high acoustic barrier/wall/fence in accordance with paragraph 5.1 and figure 4 of of the E3P Acoustic report titled ‘Noise and Vibration Impact Assessment, Station Goods Yard, Padgate’, Report reference 50-208-R1-1 and dated 16th October 2020, shall be submitted to the local planning authority in writing for approval. Once approved, the acoustic barrier/wall/fence shall be erected prior to first occupation of any individual dwelling and shall be maintained/retained thereafter. Reason: To protect the amenity of future occupiers from the effects of noise from the nearby road and rail network and to comply with Policy QE6 of the Adopted Local Plan Core Strategy (July 2014); and Paragraphs 170(e) & 180(a) of the National Planning Policy Framework (February 2019); and Section 6 of the Environmental Protection Supplementary Planning Document (May 2013)

9. Prior to the buildings going above slab level a detailed scheme of landscaping and boundary treatment shall be submitted to and agreed in writing by the Local Planning Authority. The agreed scheme shall be provided prior to first occupation and retained thereafter to safeguard highway safety, particularly visibility splays and forward visibility and prevent passage of vehicles from the sub-station. Reason: To ensure adequate visibility at the site and to comply with Policy QE6 of the Warrington Local Plan Core Strategy

10. Prior to first occupation, the approved grit bin shall be installed on site and retained thereafter, the details of the location of the grit bin shall be submitted to and agreed in writing by the Local Planning Authority prior to its implementation. Reason: In order to achieve secure a complete and satisfactory form of development in accordance with Policies QE6 and MP3 of the Warrington Local Plan Core Strategy.

11. Prior any development above ground level, a detailed scheme for the speed management feature and adjacent bin collection area shall be submitted to and agreed in writing with the Local Planning Authority. Prior to occupation the agreed scheme(s) shall be provided and retained thereafter. Reason: In order to achieve secure a complete and satisfactory form of development in accordance with Policies QE6 and MP3 of the Warrington Local Plan Core Strategy.



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12. Prior to the occupation of any of the 31 dwellings hereby approved, an affordable housing scheme for the provision of all 31 dwellings to be provided as affordable housing for rent in accordance with the definition of affordable housing for rent in Annex 2 of the National Planning Policy Framework (2019), shall be submitted to and approved in writing by the local planning authority. The affordable housing scheme shall include: 1. A confirmation that all 31 properties are to be made available at affordable rent levels in accordance with the definition for affordable housing for rent in Annex 2 of the NPPF; 2. the arrangements for the transfer of the affordable housing to a registered affordable housing provider; 3. the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and 4. the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced. Once approved, the affordable housing shall be occupied in accordance with the approved affordable housing scheme for the lifetime of the development. Reason: In order that the proposal accords with Policy SN2 of the Warrington Core Strategy and the National Planning Policy Framework.

13. No infiltration of surface water drainage into the ground where contamination has been identified is permitted other than with the written consent of the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure a safe form of development which poses no unacceptable risk of pollution and to comply with policy QE4 of the Warrington Borough Local Plan.

14. Piling / investigation boreholes using penetrative methods shall not be carried out other than with the written consent of the local planning authority. The development shall be carried out in accordance with the approved details. Reason: To ensure a safe form of development which poses no unacceptable risk of pollution and to comply with policy QE4 of the Warrington Borough Local Plan.

15. Prior to the commencement of any development (excluding demolition), a detailed surface water drainage and attenuation scheme, based on the hierarchy of drainage options in the National Planning Practice Guidance with evidence of an assessment of the site conditions, shall be submitted to and approved in writing by the Local Planning Authority. Reason: To promote sustainable development, to secure proper drainage and to manage the risk of flooding and pollution in accordance with Local Plan Core Strategy (2014) policies QE4 and QE6 (Environment and Amenity Protection), the Framework and Planning Practice Guidance.

16. During the first planting season following the commencement of development hereby approved the landscaping details as indicated on the approved plans shall be carried out to the satisfaction of the local planning authority. Any trees, plants or shrubs so planted which die or are felled,



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uprooted, willfully damaged or destroyed within five years of the date of planting shall be replaced by the applicants or their successors in title. Reason: To ensure a satisfactory form of development and to enhance the visual amenities of the locality, and to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction.

17. All trees to be retained on site shall be protected in accordance with BS 5837:2012 Trees in relation to design, demolition and construction. The development shall not commence unless and until the measures required by the British Standard are implemented and all measures required shall continue until the development has been completed. Reason: To ensure that the trees on the site are protected during construction works in the interests of local amenity, and in order to comply Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction.

18. Tree felling, vegetation clearance works, demolition work or other works that may affect nesting birds shall not be undertaken between March and July inclusive, unless the absence of nesting birds has been confirmed by further surveys or inspections approved by the Local Planning Authority. Reason: In order to avoid adverse impacts on nesting birds and to comply with the Wildlife and Countryside Act 1981 (as amended)] and the NPPF

19. The development shall be undertaken in accordance with the following approved document: • Plan for the Creation of Local Employment Opportunities dated 23 May 2018 Reason: To maximise the benefits of the development in terms of the local economy and to comply with Local Plan Core Strategy (2014) policy PV3.

20. Prior to the occupation of the development, details of a scheme of electric vehicle charging points to serve the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the electric vehicle charging points have been laid out in accordance with the approved details, and shall be made available for use and retained as such thereafter. Reason: To provide adequate charging for alternative methods of transport and to comply with the provisions of the NPPF.

21. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification): (i) no external alterations shall be carried out to the dwelling(s) (ii) no gates, walls, fences or other structures shall be erected along any boundary to the curtilage of the dwelling(s) (iii) no windows or dormer windows shall be added to the dwelling(s) other than those expressly authorised by this permission, unless planning permission for such development has been granted by the Local Planning Authority.



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Reason: In the interests of visual amenity and in order to protect the amenities of the occupiers of neighbouring properties and to comply with Policy QE6 of the Warrington Local Plan Core Strategy.

22. The windows in the first floor side elevation of any of the dwellings hereby approved shall at all times be non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. The windows shall also be fitted with obscure glass (to a minimum level of 3) only . Any replacement window frame shall also be non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed and be fitted with obscure glass of an equal degree of obscurity to that which was first approved. Reason: In the interests of visual amenity and in order to protect the amenities of the occupiers of neighbouring properties and to comply with Policy QE6 of the Warrington Core Strategy.

23. Prior to the installation of any external lights, the details of these lights including location and lux levels shall be submitted to and approved in writing by the Local Planning Authority. The lights are to be installed wholly in accordance with the approved details. Reason: To preserve the ecological interest of the site and to comply with the provisions of the NPPF and policy QE5 of the Warrington Core Strategy.

24. The Reasonable Avoidance Measures in relation to amphibians as outlined in section 5.18 of the submitted ecological report labelled Millman's Coaches, Padgate, Warrington - Ecological Appraisal undertaken by Bowland Ecology shall be implemented on site. If any protected species are found then works shall stop and Natural England should be contacted. Reason: To ensure the adequate protection of a species and its habitat protected by law that may exist on the site in accordance with Circular 06/05, Wildlife and Countryside Act 1981 (as amended) and the Habitats (Natural Habitats, &c.) Regulations 2010 and in order to comply with the NPPF and Policy QE5 of the Warrington Core Strategy

25. The measures and mitigation in relation to bats as outlined in sections 5.9 to 5.14 of the submitted ecological report labelled Millman's Coaches, Padgate, Warrington - Ecological Appraisal undertaken by Bowland Ecology shall be implemented on site. If any protected species are found then works shall stop and Natural England should be contacted. Reason: To ensure the adequate protection of a species and its habitat protected by law that may exist on the site in accordance with Circular 06/05, Wildlife and Countryside Act 1981 (as amended) and the Habitats (Natural Habitats, &c.) Regulations 2010 and in order to comply with the NPPF and Policy QE5 of the Warrington Core Strategy



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26. Prior to the commencement of development (excluding demolition), a re-inspection of the area identified as having Japanese knotweed should be taken and a 7 metre buffer zone identified and fenced off from any growing parts of the plants. A program of control measures should be submitted to and agreed in writing by the local Planning Authority. Reason: To ensure the adequate protection of a species and its habitat protected by law that may exist on the site in accordance with Circular 06/05, Wildlife and Countryside Act 1981 (as amended) and the Habitats (Natural Habitats, &c.) Regulations 2010 and in order to comply with the NPPF and Policy QE5 of the Warrington Core Strategy

27. Prior to the occupation of the dwellings hereby permitted, details of the bird boxes to be placed on site shall be submitted to and agreed in writing by the Local Planning Authority. The boxes shall be installed on site and maintained in perpetuity. Reason: To mitigate for the habitat loss on site and in order to comply with the NPPF and Policy QE5 of the Warrington Core Strategy

28. Before the development hereby approved is first brought into use the car parking areas shall be surfaced and marked out as indicated on the approved plan to the satisfaction of the Local Planning Authority. The parking area shall be maintained in the approved manner thereafter. Reason: In order to ensure that there is adequate car parking provision clear of the public highway in the interests of the safety of users of the highway and in order to comply with Policy QE6 of the Warrington Core Strategy and Warrington SPD: Standards for Parking in new Development.

29. The works onsite shall be carried out inaccordance with the following approved document: Submitted badger survey from Ebsford Environmental received 19/06/2020 Reason: Badgers are a highly mobile animal and their setts are protected and to preserve the biodiversity interest of the site and to comply with policy QE5 of the Warrington Borough Council Local Plan Core Strategy and the provisions of the NPPF.

1. The Local Planning Authority operates a pre-planning application advice service. All applicants are encouraged to engage with the Local Planning Authority at pre-planning application stage. As part of the determination of this planning application the Local Planning Authority has worked pro-actively and positively with the applicant ensuring that upon receipt all representations and consultation responses are available to view on the Council's web site. The Local Planning Authority has considered the application and where necessary considered either the imposition of planning conditions and/or sought reasonable amendments to the application in order to deliver a sustainable form of development in accordance with the National Planning Policy Framework.

2. For advice concerning Environmental Protection matters [Contaminated Land Assessments, Air Quality Assessments, Odour Assessments, Noise or Lighting requirements] please refer to the Environmental Protection Supplementary Planning Document on the Warrington Borough



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Council website: https://www.warrington.gov.uk/downloads/file/4089/spd_environmental_protection Contact: For further verbal advice please contact Mrs Angela Sykes regarding Contaminated Land on 01925 442557, Mr Richard Moore regarding Air Quality on 01925 442596 or Mr Steve Smith regarding Odour, Noise or Lighting on 01925 442589. Disclaimer: Irrespective of any involvement by this LPA, the responsibility to address contaminated land issues, including safe (re)development and secure occupancy, resides entirely with the Landowner/Developer of the site.

3. Installation of Lighting Schemes The external lighting should be designed and installed by competent persons. The system should be designed according to best practice in respect of glare, light spill and efficiency. Advice can be obtained from: Institution of Lighting Professionals Regent House Regent Place Rugby CV21 2PN https://www.theilp.org.uk/home/

4. Working Hours for Development Sites In the interests of residential amenity, the applicant/agent/developer is strongly advised to adopt the following recommended construction/demolition hours for all works on site. Works audible at or beyond the site boundary should not occur outside of Monday to Friday 08.00hrs to 18.00 hrs, Saturday 08.30hrs to 13.30hrs and at no time on Sundays or Public/Bank Holidays. Noisy or disruptive works carried on outside of these hours are much more likely to raise objections or complaints by local residents (due to disturbance) to the redevelopment of the site which may, in turn, result in formal action being pursued by Public Protection Services to enforce the recommended hours. Contact: For more advice and guidance on recommended construction/demolition hours or construction/demolition methods, please contact an officer from Public Protection on 01925 442589.

5. Section 278: In order to advance the design of the new access junction, new road openings and internal highway, a Section 278 agreement will need to be entered into. The applicant should contact John Drake in the Council’s Highway team on 01925 442628 to start this process.



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6. The developer is to submit directly to Network Rail, a Risk Assessment and Method Statement (RAMS) for all works to be undertaken within 10m of the operational railway under Construction (Design and Management) Regulations, and this is in addition to any planning consent. Network Rail would need to be re-assured the works on site follow safe methods of working and have also taken into consideration any potential impact on Network Rail land and the existing operational railway infrastructure. Review and agreement of the RAMS will be undertaken between Network Rail and the applicant/developer. The applicant /developer should submit the RAMs directly to: [email protected]

7. All surface water is to be directed away from the direction of the railway. Soakaways, as a means of storm/surface water disposal must not be constructed near / within 20 metres of Network Rail’s boundary or at any point which could adversely affect the stability of Network Rail’s property. Once water enters a pipe it becomes a controlled source and as such no water should be discharged in the direction of the railway. • Storm/surface water must not be discharged onto Network Rail’s property or into Network Rail’s culverts or drains. • Suitable drainage or other works must be provided and maintained by the developer to prevent surface water flows or run-off onto Network Rail’s property. • Proper provision must be made to accept and continue drainage discharging from Network Rail’s property. • Suitable foul drainage must be provided separate from Network Rail’s existing drainage. • Drainage works could also impact upon culverts on developers land. Water discharged into the soil from the applicant’s drainage system and land could seep onto Network Rail land causing flooding, water and soil run off onto lineside safety critical equipment / infrastructure; or lead to de-stabilisation of land through water saturation.

8. As the proposal includes works which may impact the existing operational railway and in order to facilitate the above, a BAPA (Basic Asset Protection Agreement) will need to be agreed between the developer and Network Rail. The developer will be liable for all costs incurred by Network Rail in facilitating this proposal, including any railway site safety costs, possession costs, asset protection costs / presence, site visits, review and agreement of proposal documents and any buried services searches. The BAPA will be in addition to any planning consent. The applicant / developer should liaise directly with Asset Protection to set up the BAPA. [email protected]

Site Description The application site is approximately 0.82 hectares in size and is bounded to the north by the

railway and then Padgate Railway Station and to the south by existing houses. The western boundary of the site is Green Lane and the eastern boundary of the site is more railway sidings. The site was previously in use as a coach depot and development has commenced on the site. The site is generally flat and there are a number of trees on the site. There are a number of containers on the site and the site is generally covered in hard standing.



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Proposal A variation of conditions application is sought to the previously approved application to allow changes in layout, house types and to provide all dwellings as 100% affordable rent homes. The breakdown in property types is now:

- 2 - detached property; - 20 - semi-detached properties; and - 9 - apartments

The proposed properties are two stories and the apartment block is proposed to be three stories high. Policies National Planning Policy Framework Warrington Core Strategy Policy CS1 – Overall Spatial Strategy – Delivering Sustainable Development Policy CS2 – Overall Spatial Strategy – Quantity and Distribution of Development Policy CS3 – Overall Spatial Strategy – Maintaining a 10 Year Forward Supply of Housing Land Policy CS4 – Overall Spatial Strategy – Transport Policy SN1 – Distribution and Nature of New Housing Policy SN2 – Securing Mixed and Inclusive Neighbourhoods Policy QE1 - Decentralised Energy Networks and Low Carbon Development Policy QE3 – Green Infrastructure Policy QE5 – Biodiversity and Geodiversity Policy QE6 – Environment and Amenity Protection Policy QE7 – Ensuring a High Quality Place Policy MP1 – General Transport Principles Supplementary Planning Documents Design and Construction Environmental Protection Standards for Parking in New Development Relevant History 2020/38167 - Discharge of Condition - Proposed discharge of condition 5 (Characterisation, Remediation and Verification) on previously approved application 2016/29398 (Dwellings) – pending consideration 2020/37189 - Discharge of Condition - Proposed discharge of Condition 12 (Speed Management Feature), Condition 16 (Surface water drainage), Condition 27 (Japanese Knotweed) and Condition 30 (Badgers) on previously approved application 2016/29398 (New Dwellings) – part discharged / part not discharged 2020/37110 - Deed of Modification to Section 106 - to vary the trigger points for educational contributions associated to 2016/29398 – approved subject to s106 agreement 2019/34685 - Variation of conditions (Major) - To allow changes in layout and house types including reduction of three storey dwellings to two storey dwellings and removal of one



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detached dwelling and changes to the apartment block to allow creation of 2 bed apartments and revisions to garage locations, road alignment and parking following previously approved application 2016/29398 – approved subject to s106 agreement 2018/33038 - Discharge of Condition - Application for approval of details reserved by Condition 4 (Construction Environmental Management Plan) and Condition 20 (Local Employment Scheme) following Planning Approval 2016/29398 – part discharged / part not discharged 2018/32745 - Discharge of Condition - Application for approval of details reserved by Condition 5B (Remediation Strategy) following Planning Approval 2016/29398 – condition not discharged 2016/29398 - Full Planning (Major) - Proposed demolition of buildings and construction of 31 dwellings (22 houses and 9 apartments) including access from Green Lane and associated landscaping – approved subject to section 106 agreement 97/36498 – Proposed erection of 27 2/3 bedroom flats – refused – lack of information regarding impact of noise and vibration of adjacent railway line on flats 81/11292 – Outline application – erection of buildings for light industrial use together with associated serving and landscaping – approve subject to conditions 80/10000 – Outline application for proposed garden centre including retail sales and storage of caravans - refuse 77/4460 – Retrospective application for storage of pipe and fittings, fabrication work and site huts - refused Responses to consultation Ecology Officer – no objection to the changes to the conditions Education – Contribution of £116,361 required for primary education Employment Development Manager – no objection subject to the proposed conditions Environment Agency – no objection to the changes Environmental Protection – No objection to the changes to the conditions Highways Officer – No objection to the changes HSE – Do Not Advise Against Development Network Rail – No objection Street Lighting Team – no objection Responses to Notification Site notices were posted on Green Lane and individual notification letters sent to all of the dwellings which surround the application site. Neighbours



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3 neighbour letters were received and are summarised below:

Impact on highway safety;

Limited pedestrian crossing for train passengers will increase likelihood of accidents;

Prefer the existing access to be used not a new one created;

Can the location of the junction not be changed;

Doesn’t show the existing pedestrian access to the railway platform Observations Principle of Development The National Planning Policy Framework is clear in its intention to boost significantly the supply of new housing and emphasises that housing applications should be considered in the context of presumption in favour of sustainable development. The Council cannot demonstrate a 5 year housing land supply and therefore any relevant polices for the supply of housing as contained in the Local Plan Core Strategy are not to be considered up-to-date. (This includes the targets set out in Local Plan Core Strategy policy CS2 for at least 80% of all new homes in the Borough to be delivered on previously developed land; and the focus of Inner Warrington for the delivery of new residential development at around 60%.) The NPPF provides that where relevant policies are out-of-date planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework. Local Plan Core Strategy policy CS1 is consistent with this approach. The site is classed as being previously developed land and is subject to an existing consent for residential on this site. This application only seeks to alter the appearance of the properties and to change the tenure. The principle of the development was therefore found to be acceptable through the granting of the 2016 consent. Delivery of Infrastructure Planning Obligations The Planning Obligations SPD sets out the approach to seeking planning obligations for the provision of affordable housing, biodiversity, education, flood risk, green infrastructure/open space, pitch sports/recreation, health, local job/employment opportunities and transport/travel infrastructure required as a result of a new development. Para 56 of the NPPF sets out the tests on the use of planning obligations that Regulation 122 of The Community Infrastructure Levy Regulations 2010 puts into law. These are that a planning obligation is:

1. necessary to make the development acceptable in planning terms; 2. directly related to the development; and 3. fairly and reasonably related in scale and kind to the development

The Planning Obligations SPD requires that where necessary a development offsets the impact of the development. An obligation which requires the provision of each of the following matters is necessary to make the development acceptable.



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Affordable Housing

Local Plan Core Strategy (LPCS) policy SN2 seeks to ensure a mix of housing types and tenures to help secure mixed and inclusive neighbourhoods. Further detail is provided in the Planning Obligations Supplementary Planning Document (SPD). This is consistent with the Framework at paragraph 50 which seeks to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities. The current application seeks to alter the mix of affordable units being provided on the site. The proposal is for all of the properties on the site to be affordable rent. Policy SN2 requires 30% affordable housing provision on this site of which 50% should be affordable for rent and 50% intermediate. Since the LPCS was adopted, the Housing and Planning Act 2016 been published and the National Planning Practice Guidance (NPPG) has been updated in respect of planning obligations. The Council’s Supplementary Planning Document: Planning Obligations has now been adopted and this takes into account the new legislation and guidance and is a material consideration in the determination of this application. The Council’s latest Local Housing Needs Assessment (LHNA), published in March 2019, identifies a current need for affordable housing of 377 dwellings per annum. The level of delivery of affordable units over the last 5 years is outlined in the table below:

There has obviously been a significant under delivery of affordable housing in recent years and as a result this is significant pressure on ensuring that affordable housing is delivered in Borough to meet the increasing deficit of units being provided versus need. The proposal is for 31 affordable rent properties which would make a valuable contribution to the affordable housing delivered across the authority. The Council’s Housing Officer has confirmed that the alteration to all affordable rent is acceptable. The proposal is therefore policy compliant and therefore the proposal complies with the SPD and LPCS policy SN2. Education Residential developments of 11 or more units are required to provide a contribution in order to secure delivery of appropriate enhancements to existing education facilities in the local area where there is insufficient capacity to meet the increase in school age children generated by the development.

Affordable Housing Delivery

Year Units Need Deficit Source of Need

2014/15 101 172 71

2015/16 162 220 58 Mid Mersey SHMA (Jan 2016)

2016/17 72 220 148 Mid Mersey SHMA ()

2017/18 86 230 144 Mid Mersey SMHA Update (May

2017)

2018/19 112 377 265 Warrington LHNA (Mar 2019)



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The objectives of the Local Plan Core Strategy include; reducing unemployment and inequalities in the borough through developing a qualified and skilled workforce (Objective E2)

and ensuring the timely and co‐ordinated provision of high quality infrastructure that supports future growth (INF2). Policy MP10 of the LPCS seeks to ensure that future growth is supported and enhanced through the timely delivery of the necessary infrastructure required to

support both strategic and site‐specific development, as set out in the Infrastructure Delivery Plan. Increase in demand for school places is placing significant pressures on existing levels of provision, particularly at primary school level but also increasing at secondary school level. New development in the borough places further pressure on the borough’s education facilities. The Council’s Education Admissions and Planning Team advise that a development of 31 units would result in a child yield of 9 primary pupil places and 6 secondary pupil places. The existing secondary school has sufficient capacity to cater for this requirement so there is no requirement for a secondary contribution, however there is a requirement for a contribution of £116,361 for primary school. These contributions are necessary to increase the capacity to meet the increase in school age children by the development and ensure that capacity can be provided within an appropriate distance to the application site for school children (and their families) to travel. It is considered that each of the planning obligations set out above are necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development thus meeting the tests set out in the CIL Regulations. Viability The level of contributions necessary to offset the impact of the development and make the development acceptable in planning terms have been shared with the applicant. The applicant has indicated that the development would not be viable if the education contributions set out above is provided and has submitted a viability appraisal to demonstrate that the scheme cannot viably afford the education contribution along with providing all the properties as affordable rent. The viability assessment submitted by the applicant has been reviewed by an independent assessor appointed to support the Council. Following lengthy discussions between all parties an agreed position on the outcomes of the viability review has been reached and this has proved that the site cannot support the education contribution along with providing 100 percent affordable rent properties. A decision was taken at the Local Plans Board regarding the provision of affordable housing at this site versus the financial contributions sought towards education – as set out above. The conclusions of this group were that it is recommended that the offer of 100 percent onsite affordable units is accepted due to the significant need for affordable units, in particular homes available for affordable rent across the Authority which outweighs the other requirements in this instance. On the basis of this conclusion, the proposal is considered to comply with policy SN2 of the Local Plan and the provisions of the contributions SPD.



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Design Considerations A key design objective for new housing development is to create a place with a locally inspired or otherwise distinctive character. Policy QE6 of the Warrington Core Strategy states that the Council would only support development which would not lead to an adverse impact on the environment and would not have an unacceptable impact on the surrounding area. Policy QE7 requires development to reinforce local distinctiveness and enhance the character, appearance and function of the street scene, local area and wider townscape.

The planning application includes a Design and Access Statement which demonstrates how the proposal enhances the existing local character. The general character of the area is detached houses which include gable facing elements and have a mixture of brick and render. There is no distinctive architectural style evident in the area as each element of the development has its own architectural style but there are some common materials / features such as brick and roof materials, porches etc. that are fairly wide spread. A common palette of materials, colours and features similar to that of neighbouring properties has been incorporated into the design of the proposed houses. This provides a coherent integrated appearance and sense of identity to the development. The proposed dwellings have been designed to fit into the character of the area as they replicate details from the wider area while having their own identity as a development. There are a mix of heights of dwellings proposed which would add positively to the diversity of the site and its setting. The eastern part of the application site is at the same height as the railway line with the platform located on a higher level. Elements of Green Lane are is located on a higher level as the ground rises to a bridge over the railway line. The properties on Wenlock Close are located at a 90 degree angle to the application site so their side walls face the rear walls of the application site and they are located over 13 metres away and the mix of property heights is considered to be acceptable in visual terms. The proposed properties are considered to be in keeping with the character and appearance of the area and comply with policies QE6 and QE7 of the Warrington Core Strategy and the provisions of the NPPF. Impact on Residential Amenity The National Planning Policy Framework requires that new development should secure a good standard of amenity for all existing and future occupants. Core Strategy Policy CS1 identifies the need to safeguard public amenity, while QE6 identifies that consideration should be had to the need to respect the living conditions of existing neighbouring residential occupiers and future occupiers of new housing schemes in relation to overlooking/loss of privacy, outlook, sunlight, daylight, overshadowing, noise and disturbance. The application site has residential properties to the south which are located adjacent to the site and to the north is the railway line. To the south of the site is Wenlock Close and the two neighbouring properties located at the head of cul-de-sac of Wenlock Close are located at a 90 degree angle to the application site. The development has been designed to meet the required separation distances between properties and the proposal is not considered to have an unacceptable detrimental impact on the residential amenity of the neighbouring properties through overshadowing, overlooking and loss of privacy.



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The remainder of the residential properties to the south are located on Whitchurch Close and these properties are a variety of different types. The separation distances between properties is observed with the separation distance between rear and side elevation being a minimum of 13 metres and the separation distance back to back being a minimum of 22 metres. The proposal is not considered to have an unacceptable detrimental impact on the residential amenity of the neighbouring properties through overshadowing, overlooking and loss of privacy In relation to the residential amenity of the future occupiers of the estate, the properties have been designed so that there is adequate separation distances between the habitable windows of the properties. The layout has been designed to allow for adequate private amenity space to be provided for each of the individual dwellings and the properties have been designed so that any first floor side windows facing adjacent properties can be obscurely glazed. The site is adjacent to an active railway line and the application has been submitted with a noise report. It is considered that with the proposed acoustic measures the living conditions of the future occupiers will be preserved and it is considered necessary to condition that these measures be implemented. The layout has been designed with the internal road adjacent to the railway line. The residential properties will shield most of the garden areas from an element of the noise from the railway line. The application includes cycle parking for the flats and while there is no private amenity space proposed for the flats there are a number of open spaces within walking distance from the site. It is considered that that the proposal would not have an unacceptable impact on the living conditions of the existing neighbouring residential properties and that with the proposed conditions the living conditions of the future occupiers of the site is preserved. Highways The proposal does not include any alterations to the previously approved vehicular access to the site and the proposal alterations are in relation to the internal layout of the site only. The existing access is to be retained to provide access to the existing sub-stations which border the site. As there are no changes to the visibility splays they are considered to be acceptable. However, it is considered necessary to retain the condition requiring that there are no structures placed within the visibility splays. It is considered that the traffic resulting from the proposed development would not result in unacceptable congestion/harm to highway safety. A swept-path has been provided which shows that the bin lorry and large vehicles can access the site and are considered to be acceptable. The level of pedestrian access to the site is also considered to be acceptable. The existing pedestrian access from Green Lane is maintained as the footbridge is outside the red line of the application site. The dwellings proposed provide off street parking in accordance with the Councils’ adopted standards, (in this case 2 parking spaces for units of 2 bed or more). There are also 2 visitor spaces provided on the site and rear access is proposed to each dwelling allowing for secure cycle parking and the bins to be stored to the rear of the site. With the proposed conditions, the parking and access arrangements are deemed to be acceptable and therefore it is not considered that the proposal would raise any significant issues from a highway safety perspective. The proposed development is therefore considered



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to be in accordance with policies CS1, QE6, MP1 and MP7 of the Warrington Borough Council Core Strategy. Impact on ecology Bats - The applicant’s survey indicates that no Bats or signs of bats were found during the survey and the site was considered to have a low potential to support roosting bats. The Councils Ecological consultants agree with such findings and consider that harms to bats is unlikely to result. It is also recommended that conditions relating to mitigation for bats are added to any permission in line with the recommendations made in the submitted ecological report.

Birds- The mature trees and scrub vegetation on the site all have potential to be used by foraging and breeding birds. The nests of breeding birds are protected and it is recommended that the recommendations in the ecology report are conditioned in relation to the site clearance occurring outside the bird nesting season and compensation being provided on the site in relation to the landscaping provided on site. Bird boxes should also be erected on the houses or retained trees on the site. Great Crested Newts – It is considered that there is an extremely low probability of Great Crested Newts being affected by the development. However, it is recommended that the recommendations in the ecological report be agreed and that the Reasonable Avoidance Measures proposed would also protect any reptiles found on the site. Invasive Species – invasive species have been identified on the site and it is recommended that a condition be added to any permission to deal with them. Trees – There are no objection to the trees that are proposed to be removed, the trees to be removed are considered to be scrub trees and the applicant has submitted tree protection measures for the trees to be retained on site and these measures will be conditioned to ensure that this happens during the construction period. The proposal also includes landscaping and it is recommended to add a condition requiring this to occur along with the submission of the details to ensure that the species proposed are acceptable. Other Issues The applicant has confirmed that the pedestrian accesses to the station platform are to be maintained and it is recommended that a condition be added to any permission requiring that the pedestrian access is to be maintained in situ. The Environment Agency has reviewed the submitted information and no issues have been raised by them in relation to flooding. Recommendation: Approve subject to conditions

Date Report Completed:

13 January 21 Elizabeth Snead

Date Agreed by 14 January 2021 Matt Carney



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