Agenda Reports Pack (Public) 06/11/2012, 17

Town Hall, St. Helens, Merseyside, WA10 1HP

Telephone: 01744 676106 (Miss K M Dunne)

Agenda PLANNING COMMITTEE

Date: Tuesday, 6 November 2012 Time: 5.30 pm Venue: Room 8

Membership Lab 12 Councillors Anderton, Ayres, S Glover (Chairman), Gomez-Aspron,

Grunewald, A Johnson, J Johnson, Lynch, Preston, Roberts, Robinson and Willmitt

LD 2 Councillors Pearl and Taylor

Con 1 Councillor Jones

Item Title Page

1. Apologies for Absence

2. Minutes of the meeting held on 2 October 2012 1

3. Declarations of Interest from Members

4. Planning Applications for Decision by the Committee

P/2012/0649 637 Warrington Road, Rainhill, St Helens

P/2012/0733 Car Park between 40 and 54 Dentons Green Lane, St Helens, Merseyside

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5. Current Planning Appeals 47

6. Planning Applications Determined Under Delegated Powers 51

7. Current Enforcement Cases 69

8. Quarterly Update Report on Planning Performance 73

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PLANNING COMMITTEE

At a meeting of this Committee held on 2 October 2012

(Present) Councillor S Glover (Chairman)

Councillors Anderton, Ayres, Gomez-Aspron, A Johnson, J Johnson, Jones, Lynch, Pearl, Roberts, Robinson, Taylor and Willmitt

(Not Present) Councillors Grunewald and Preston

-------40 APOLOGY FOR ABSENCE

An apology for absence was received from Councillor Grunewald.

41 MINUTES

* Resolved that the minutes of the meeting held on 4 September 2012, be approved and signed.

42 DECLARATIONS OF INTEREST FROM MEMBERS

Item Title Member(s) Interest

6 Planning Applications Determined under Delegated Powers

Councillor Lynch Declared a non pecuniary interest in the Item.

43 PLANNING APPLICATIONS FOR DECISION BY THE COMMITTEE

* Resolved that the planning applications be dealt with as shown below:

P/2012/0591 37 Park Avenue, Eccleston Park, St Helens Outline application for demolition of 37 Park Avenue, erection of 2 detached dwellings and creation of vehicular access from Park Avenue.

Delegate to the Head of Regeneration the decision to grant planning permission subject to the conditions set out in the report and any additional conditions relating to the completion of the bat survey. 1. The development must be begun within three years of the date of this

decision notice, or two years from the approval of the last reserved matter, whichever is the later;

2. No development shall take place until details of the reserved matters set out below have been submitted to and approved in writing by the Council as Local Planning Authority: (a) layout; (b) scale; (c) appearance; (d) access; and (e) landscaping.

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The development shall be carried out in accordance with the reserved matters as approved;

3. No development shall take place until a scheme identifying areas of parking for not less than 3 cars to be stored clear of the highway within the curtilage of each dwelling, has been submitted to and approved in writing by the Council as Local Planning Authority. The development shall not be brought into use until the areas identified have been surfaced, drained and permanently marked out or demarcated in accordance with the details agreed. The parking areas shall be retained as such thereafter;

4. Details for the temporary measures to provide physical protection of all trees, hedges and shrubs to be retained (both on and adjacent to the site) shall be submitted in writing to the Council as Local Planning Authority and implemented prior to the commencement of the development as such. The provision of total exclusion zones must be achieved by the erection of protective fencing to not less than the minimum standard contained in British Standard BS5837 (2012). 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;

5. A landscaping scheme must be submitted in writing to the Council as Local Planning Authority for the site; the landscaping scheme shall include details of hard landscaping, planting plans, written specifications (including cultivation and other operations associated with trees, shrub, hedge or grass establishment), schedules of plants noting species, plant sizes and proposed numbers / densities and an implementation and maintenance programme. Tree planting should be included along the boundary with Park Avenue and other boundaries around the site;

6. No tree felling, scrub clearance, hedgerow removal, vegetation management, ground clearance, or building demolition should take place during the period 1 March to 31 August inclusive to protect breeding birds;

7. Demolition and construction works shall take place Mondays to Fridays 0700 to 1800 hours, Saturdays 0800 to 1300 hours with no working on Sundays, Public Holidays or Bank Holidays, inclusive of any week day;

8. All construction traffic shall travel to and from the site via the junction of Park Avenue/Portico Lane and not from Central Avenue; and

9. No development shall take place until a scheme for the identification and the eradication of Japanese Knotweed has been submitted to and approved in writing by the Council as Local Planning Authority. The scheme shall include details of the proposed measures and a programme of implementation. The development shall be carried out in accordance with the approved scheme.

44 CURRENT PLANNING APPEALS

A report was submitted which informed Members of the current position with regard to the planning appeals that were pending or had recently been concluded. Members discussed the report and requested updated information in relation to the following current planning appeals: AP/2012/0400 – Garage to the rear of 1 Seddon Street (Windle) AP/2012/0167 – 89 Duke Street (Town Centre) * Resolved that:

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(1) the report be noted; and

(2) a progress report be circulated to the Committee on two current

planning appeals, reference AP/2012/0400 and AP/2012/0167. Councillor A Johnson here declared a non pecuniary interest on the following item.

45 PLANNING APPLICATIONS DETERMINED UNDER DELEGATED POWERS

A report was submitted which informed Members of planning applications determined under delegated powers for the period of 24 August 2012 to 20 September 2012. * Resolved that the report be noted.

46 CURRENT ENFORCEMENT CASES

A report was submitted which informed Members of the current position with regard to enforcement cases. * Resolved that the report be noted.

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Planning Committee

6 November 2012

PLANNING APPLICATIONS FOR DECISION

The Contact Officer for these reports is Melanie Hale, Town Hall, Corporation Street, St Helens, WA10 1HP Telephone: St Helens (01744 676115) Background Papers The planning application, the Council’s standard conditions and its model reasons for refusal (indicated by their short titles, in both cases) are background papers to each report. They and other background documents specific to individual reports, as listed immediately after the description of each proposal, are open to inspection in accordance with Section 100D of the Local Government Act 1972. Status of Plans Please note that plans attached to reports are provided (a) as aids to identification and (b) for illustrative purposes. They may not be complete or to a recognised scale, following reduction to A4 format, although dimensions will often be shown. Inspection of Plans Original plans and all other application documents are available for inspection at the Planning Enquiry Desk, Ground Floor, Town Hall. Financial Implications Unless specifically mentioned in a report, there are no identified financial implications, apart from the actual cost of processing each application

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Planning Committee 06/11/2012

P/2012/0649

APPLICATION NO: P/2012/0649LOCATION: 637 WARRINGTON ROAD, RAINHILL, ST HELENS PROPOSAL: Single storey extensions to the front and rear along

with a two storey rear extension. WARD: RainhillPARISH: RainhillCASE OFFICER: Paul Mellor AGENT(S) / APPLICANT(S): REGENIC BUILDING DESIGN, MR MARK

FAIRHURST, ALEXANDRA BUSINESS PARK DEVELOPMENT PLAN ALLOCATION: Unallocated

BACKGROUND PAPERS:

National Policy:

North West Regional Spatial Strategy to 2021:

St Helens Core Strategy

St Helens Unitary Development Plan:

National Planning Policy Framework

DP1: Spatial Principles DP2 Promote Sustainable Communities DP7 Promote Environmental Quality

CP1 Ensuring Quality Development in St Helens CP2 Creating an Accessible St Helens

ENV11 Tree Surveys ENV12A Development Affecting Trees

REPRESENTATIONS: 7 letters of objection and 1 letter making comment.

RECOMMENDATION: Grant Permission subject to conditions:

1.0 Application Site

1.1 The site is an existing part two-storey, part single storey nursing home building situated on Warrington Road, the A57 trunk road running through Rainhill. There are residential properties surrounding the site with houses on both sides. The rear elevations and rear gardens of houses on Mossdale Drive face the rear of the site. The property itself has approximately 650 sq m of floorspace, and the entire plot is 2230 sq m in area. The property has been extended several times in the past with various extensions to the side and rear. There are car parking spaces in front of the building with an in/out access arrangement off Warrington Road. There are some mature trees to the front and rear of the site which are protected by a Tree Protection Order.

2.0 The Application

2.1 The application proposes several extensions comprising approx. 95 sq m of floorspace:

i. A single storey extension at the front to provide office, boiler room and wc.

ii. A single storey extension to extend 3 existing bedrooms

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iii. The demolition of an existing conservatory and the erection of a new single storey sun lounge.

iv. A two-storey extension to extend 4 existing bedrooms.

2.2 The planning application also shows extensions that already have planning permission approved under ref P/2011/0962. The previous planning application granted was for 110 sq m of floorspace and proposed 6 new bedrooms on the northwest side of the building. This extension has not been built but the permission is still extant.

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, but no comments have been received.

3.3 The application has been considered in accordance with the St Helens Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between 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 National Planning Policy FrameworkPlanning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. In assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development.

3.5 The Northwest Regional Spatial Strategy remains part of the development plans for the area, albeit the intention to abolish the document has been made clear. Policies DP1 Spatial Principles, DP2 Promote Sustainable Communities and DP7 Promote Environmental Quality are relevant.

3.6 St Helens Core StrategyThe relevant parts of Policy CP 1 ‘Ensuring Quality Development in St Helens’ states that all proposals for development will be expected to, where appropriate, meet the following standards as a minimum:

1. Quality of the Built Environment

i. Maintain of enhance the overall character and appearance of the local environment (with regard to siting, layout, massing, scale, design, materials, building to plot ratio and landscaping);

ii. Safeguard and enhance the built and historic environment;

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iii. Be sympathetic to surrounding land uses and occupiers, avoiding detrimental impact on the amenities of the local area, in particular residential amenities,

2. Protection of Natural and Historic Environment

iv Safeguard or enhance landscape character, including historic landscape and townscape

3.7 The relevant parts of Policy CP2 ‘Creating an Accessible St Helens’ states that all proposals for development will be expected to meet the following principles:

3. Safe and adequate access to and from the public highway by:

i The provision of safe and adequate vehicular, cycle and pedestrian routes to and from, and circulation with, a site;

ii The provision of adequate on-site parking, which should not exceed the Council’s adopted maximum standards, unless it is proven to be essential to avoid highway danger

3.8 St Helens Unitary Development Plan Saved Policies ENV11 ‘Tree Surveys’ states that proposal affecting trees or woodlands will

normally require applications to be submitted with a tree survey.

3.9 EN12A’ Development Affecting Trees’ states that proposals affecting existing trees and woodlands will not normally be permitted if they:

I result in a significant loss of trees Ii do not incorporate measures for the successful retention of

existing trees Iii do not make adequate provision for replacement planting to

compensate for ant losses as a result of development

4.0. Consultations

4.1 Environmental Health Contamination Officer - No Objection subject to the inclusion of an advisory note

4.2 Trees and Woodlands Officer – No Objection. The submitted survey is acceptable. Tree protection measures should be conditioned. Arboricultural works to T1 and T2 (located adjacent to the northwest side boundary with 635a Warrington Road) as specified in the tree report should be conditioned.

4.3 Highways Officer – No Objection. The proposed extension does not significantly affect the existing parking/servicing provision, and given the availability of such there is not deemed to be any significant highway implications.

5.0 Representations

5.1 The application was publicised by neighbour notification letters and a site notice. Seven letters of objection and 1 letter of comment have been received. The objections are summarised as follows:

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• Insufficient separation distance between the extension and rear boundary. • Detrimental impact on amenity of residents. • Loss of privacy from the upstairs of neighbours’ properties. • Affect on property values. • Increase in residents causing an increase in traffic. • Concern about whether the nursing home can be run properly with an

increase in size. • Previous extensions have altered the character of what was a residential

house.• Out of character with surrounding houses. • Concerns about impact on trees, tree survey should be carried out. • Assurances on security matters are required. • No openings on the rear elevation facing 84 and 86 Mossdale Drive should be

conditioned. • The proposed door on rear elevation should be of solid construction. • Concern about the wall that runs along the rear boundary. • Following a refusal of permission in the 1990s the residents were assured

that no further development would be considered. • Massing of building would be disproportionate to the plot size and shape. • No objection provided that the border between the site and 637 is conditioned

as in the previous planning permission.

6.0. Planning History

The following planning applications are relevant to this planning application. There are also a number of works to protected trees applications that are not listed.

P/2011/0962 – Single storey pitched roof extensions to the front and rear of existing care home – Granted 19-01/2012. (Not implemented)

0595/060 – Erection of laundry room extension, conservatory to rear and first floor bedroom extension. – Granted 07/09/1995

0592/083 – Erection of first floor rear extension to enlarge existing nursing home from 24 to 29 bedrooms, with two storey staircase wing and single storey lounge extension – Refused 21/9/1992

0990/043 – Retention of single storey extension to nursing home and conversion of existing detached garage to additional bedrooms without compliance of conditions 5,8 and 9 of permission 0789/036 – Granted 14/12/1990.

0789/036 – Single storey rear extension to residential home, and conversion of detached garage to 4 bedrooms – Granted 16/10/1989.

0788/0106 – Single storey side and rear extension to residential home. Refused – 22/09/1988.

0388/028 – Two storey extension to form 13 bedroom extension to existing residential home for the elderly – Refuse 04/05/1988.

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0786/058 – Conversion of residential house to residential home for the elderly – Granted October 1986

7.0. Assessment

7.1 Character and AppearanceThe care home has been extended substantially in the past with various extensions to the rear and side of the original building. The size of the original building has been increased significantly. However there are still substantial garden areas to the rear and side of the building. Consideration must be given to whether the proposed extensions would alter the character of the site or whether it would result in the building becoming disproportionate compared to the size of the plot.

7.2 The extensions would increase the size of the building further by creating an additional 95 sq m of additional floorspace. This is in addition to the extensions granted planning permission in January 2012 for 6 new bedrooms (110 sq m) (see Ref P/2011/0962). The extensions proposed in this new application are to increase the size of existing bedrooms and to replace the conservatory at the rear with a new lounge. To the front of the property another single storey extension would provide office, wc and boiler facilities.

7.3 The extensions have been designed as sub-ordinate additions to the main building and it is considered they would not alter the character of the building significantly. The majority of the garden land surrounding the building would still remain, meaning that the open feel of the plot would be retained. It is considered that the extensions would be in keeping with the appearance of property. The appearance of the front of the building would be improved with a new pitched roof over the single storey extension to the side. The proposed extensions are considered in accordance with policy CP1 ‘Quality of the built environment’ and ‘Protection of the Natural and Historic Environment’ of the St Helens Core Strategy

7.4 Residential AmenityThe site backs onto the rear boundaries of the properties of Mossdale Drive. The nearest single storey rear extension to the rear boundary would be the proposed lounge extension, which would be 16m away from the rear boundary, and 23m away from the rear elevation of the facing property (90 Mossdale Drive). The proposed two-storey extension would be approximately 30m away from the facing rear elevation of 90 Mossdale Drive. These distances are in accordance with the Council’s interface distance standards in the adopted Residential Development SPD. Taking this into account it is considered that the impact on the neighbouring properties would not be detrimental to the amenity of the occupants. The proposed extensions would not significantly affect their privacy and there would be no overshadowing or undue dominance of the neighbours’ properties. It is considered the proposed extensions would be in accordance with policy CP1 ‘Quality of the built environment’ of the St Helens Core Strategy.

7.5 Trees

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The site has a number of protected trees on it and a tree survey has been submitted with the application. In line with comments received from the Trees and Woodlands Officer it is considered that the proposed building would not harm the existing protected trees. The main issue is that the trees are protected whilst construction is taking place and with the implementation of suitable measures it is considered that this can be achieved. Should permission be approved tree protection measures can be conditioned, as can the recommended works to the existing trees as detailed in the Tree Report.

7.6 It is considered that there is scope to rejuvenate the landscaping at this property, particularly around the side and rear boundaries of the site. Therefore should planning permission be granted it is considered a landscaping scheme should be conditioned.

7.7 It is considered the application is in accordance with CP1 ‘Protection of Natural and Historic Environment’ of the St Helens Core Strategy and policy ENV11 ‘Tree Surveys’ and ENV12A ‘Development Affecting Existing Trees’ of the St Helens UDP.

.7.8 Highways

Although there is no formalised parking layout at the front of the property, there is existing parking provision for approximately 8-10 cars within the curtilage of the site. The number of bedrooms would not be increased as a result of this proposal, above that already permitted. In line with comments received from the Highways Officer it is considered there are no significant highways implications with this application and that the application is in accordance with policy CP2 ‘Creating an Accessible St Helens’ of the St Helens Core Strategy.

7.9 Other MattersOther matters highlighted by local residents include whether the nursing home can be run properly with an increase in its size. This is a matter that cannot be assessed as a material consideration of this planning application.

7.10 Security issues have also been raised, however it is considered that the security of the site or the surrounding properties would not be affected by the erection of the proposed extensions.

7.11 Another matter raised in the residents’ objections related to any future windows in the rear elevation of the extension. The insertion of any new windows or doors into the rear of the property would require planning permission and would therefore be assessed if such an application was made.

7.12 The local residents have been assured in the past by a former Councillor that no new further developments would be considered on this particular property. This is a matter that cannot be given weight as a material consideration. Any new development proposals have to be assessed on their own merits by the Local Planning Authority.

8.0. Conclusions The proposed extensions have been assessed in conjunction with an earlier planning permission for single storey side and rear extensions. The proposals are considered in scale with the plot size and do not detrimentally affect the

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character or appearance of the existing property or the area in general. It is considered the amenity of the neighbours’ would not be detrimentally affected by the proposed extensions. The protected trees on site would be unaffected by the development and would be retained.

9.0. Recommendation

Grant Permission subject to the following conditions:

1. The development must be begun within three years of the date of the decision notice.

2. 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.

3. This permission shall relate to the application drawing number 2137-201C.

4. Temporary measures to provide physical protection of all trees, hedges and shrubs shown to be retained shall be in accordance with the Report on Arboricultural Issues Cranford Care Home 637 Warrington Road, Rainhill, Prescot, L35 0QR January 2012, produced by Pinnacle Environment Ltd, with particular reference to Drawing No 241.12.01 Tree Survey, submitted with this application. The provision of total exclusion zones must be achieved by the erection of protective fencing as identified in the Arboricultural Issues document and in British Standard BS5837 (2012) and be installed prior to any development taking place on site. 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. The St. Helens Trees and Woodlands Officer must be notified once the tree protection fencing has been installed so it can be inspected and approved in writing prior to any development taking place on site.

5. Arboricultural work should be carried out to trees T1 and T2 as specified in Appendix 1 of the Report on Arboricultural Issues Cranford Care Home 637 Warrington Road, Rainhill, Prescot, L35 0QR January 2012, produced by Pinnacle Environment Ltd. All works must be carried out to BS3998:2010 Tree Work Recommendations with the St Helens Trees and Woodlands Officer notified when tree work is to commence and be completed prior to the commencement of development work on site.

6. No development shall take place until a landscaping and boundary treatments scheme has been submitted to and agreed in writing with the Local Planning Authority. This shall indicate the size, species and spacing of planting, the areas to be grassed, and the treatment of hardsufaced areas. Any such planting which within a period of 5 years of implementation of the landscaping die, removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size or species, unless the Local Planning Authority gives written consent to the variation. The scheme shall include boundary treatment details to the side boundary with 635a

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Warrington Road. The approved scheme shall be fully implemented prior to the first occupation of any buildings.

7. Precise details of the windows in the northwest facing side elevation shall be submitted to and approved in writing by the Local Planning Authority. The windows shall then be constructed in accordance with the approved details.

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10.0 Images

Proposes site for front extension at the northwest side of property

Northwest side elevation of property facing 735a Warrington Road

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Facing boundary with 735a Warrington Road

Rear elevation of property,

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Rear boundary facing 86, 88 and 92 Mossdale Drive

Rear boundary facing 84 and 86 Mossdale Drive

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P/2012/0733

APPLICATION NO: P/2012/0733 LOCATION: CAR PARK BETWEEN 40 AND 54 DENTONS

GREEN LANE, ST HELENS, MERSEYSIDE. PROPOSAL: Erection of a single storey building to be used as a

veterinary surgery and a retail unit with associated parking, fencing and landscaping.

WARD: Windle PARISH: CASE OFFICER: Jeff Eaton AGENT(S) / APPLICANT(S): YP4U (YORKSHIREPLANS4U) MR PAUL

PARSONS BROOMHALL DEVELOPMENT PLAN ALLOCATION:

National Planning Policy Framework (2012)

North West Plan Regional Spatial Strategy for the North West (2008)

St Helens Unitary Development Plan (1998)

St Helens Core Strategy (2012)

DP1 Spatial Principles DP2 Promote Sustainable Communities DP3 Promote Sustainable Economic Development W1 Strengthening the Regional Economy W5 Retail Development

ENV 12A Development affecting Existing Trees.

CSS1 Overall Spatial Strategy CAS1 St Helens Core Area Strategy CP1 Ensuring Quality Development in St Helens CP2 Creating an Accessible St Helens CE1 A Strong and Sustainable Economy

BACKGROUND PAPERS: See sections 3, 4, 5 and 6 REPRESENTATIONS: Nine individual letters of objection received at the

time of writing this report. RECOMMENDATION: Grant planning permission subject to conditions

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1.0 Application Site

1.1 The application site relates to a car park that is located on the edge of the town centre, it is unallocated in the Unitary Development Plan. The site lies to the northern side of the Denton’s Green Lane (A570), a main thoroughfare into the town.

1.2 The area surrounding the site is of a mixed character, to the west and north of the site are dense residential terrace dwellings, whilst to the east and south there is a mixture of offices, retail units and other businesses. The business to the south and east of the site are a mix of single storey and two storey buildings.

1.3 The site is currently covered in bitmac and has provision for 42 car parking spaces, it is enclosed by a knee high rail and gate to the front and side and there is a mature tree in the northwest corner of the site. The car park has

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traditionally been used as a ‘common’ car park for visitors to the adjacent Deaf Resource Centre and other businesses to the south and east of the site.

2.0 The Application

2.1 This application proposes the re-development of the car park and the erection of a 381m2 single storey building, which would be divided between a retail unit (a floor area of 195m2) and a veterinary surgery (a floor area of 186m2).

2.2 It is proposed that the building would be sited to the eastern side of the site with car parking to the west, and service area to the rear. An area of landscaping and a totem sign would be sited at the front of the site (although the sign would be the subject of a separate application for advertisement consent).

2.3 The design of the building is relatively simple, it would be single storey with a hipped roof. A part of the building would sit forward of its main bulk and this would contain the entrance to the veterinary surgery and have a gable above the entrance. The building would be finished in contrasting brick and grey tiles.

2.4 This application follows on from the refusal of planning application P/2012/0362 on 21/06/12, which was for a development of the same description as the current proposal. The reason for refusal is set out in paragraph 6.1 of this report.

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, but no comments have been received to date.

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.

National Planning Policy Framework

3.4 The National Planning Policy Framework (NPPF) sets out the Government’s planning policies for England and provides guidance on how they should be applied. It states that planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The NPPF is a material planning consideration and it advises that Local Planning Authorities (LPAs) should apply a presumption in favour of

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sustainable development when assessing and determining planning applications.

3.5 The presumption in favour of sustainable development means that applications, which accord with the development plan and relevant material considerations, should be approved without delay. In cases of where the development plan is absent, silent or 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 NPPF; or specific policies within the NPPF indicate that development should be restricted.

3.6 The NPPF states that the Government is committed to ensuring that the planning system does everything it can to support and operate to encourage sustainable economic growth. Significant weight should be placed on the need to support economic growth through the planning system.

3.7 Paragraph 23 of the NPPF states that planning policies should be positive and promote competitive town centre environments. Paragraph 24 states that LPAs should require applications for main town centre uses to be located in town centres, and that a sequential test should be applied to applications for main town centre uses that are not in an existing centre and not in accordance with an up to date local plan.

3.8 Where an application fails to satisfy the sequential test or is likely to have a significant adverse impact on town centre vitality and viability or impact on planned investment in the town centre, planning permission should be refused.

Regional Spatial Strategy

3.9 Under the provisions of the Planning and Compulsory Act 2004, the North West Plan Regional Spatial Strategy (RSS) for the North West, formerly Regional Planning Guidance, forms part of the statutory development plan for the area. However, the Government has indicated its intention to revoke RSS through provisions contained in the Localism Act 2011. This intention to revoke is also to be taken into account.

3.10 The following RSS policies are relevant:

• DP1 Spatial Principles • DP2 Promote Sustainable Communities • DP3 Promote Sustainable Economic Development • W1 Strengthening the Regional Economy • W5 Retail Development

St Helens Unitary Development Plan (1998)

3.11 The following policy is relevant:

• ENV 12A Development affecting Existing Trees

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St Helens Core Strategy (2012)

3.12 The following policies are relevant:

• CSS1 Overall Spatial Strategy • CAS1 St Helens Core Area Strategy • CP1 Ensuring Quality Development in St Helens • CP2 Creating an Accessible St Helens • CE1 A Strong and Sustainable Economy

4.0. Consultations

4.1 Highways Officer: The car park that is proposed to be developed, currently serves the Mega Mart business, and presumably other businesses and the local community, and is generally well used. The development of the car park does give cause for concern, given the potential displacement of vehicles elsewhere, and raises questions about the future developability of the current adjacent site nearby, which will be left with no parking provision. This needs to be carefully considered.

4.2 As there is no formal planning link between the car park and Mega Mart, or any other local business, in planning terms, the loss of the car park in itself, would not justify objection, or refusal of the application on such grounds.

4.3 Notwithstanding this, whilst the proposal does not provide for the full Council adopted parking standards, given the accessibility of the site in terms of links to public transport and other local amenities, the levels proposed are considered acceptable, and would not warrant highway objection.

4.4 The proposal seeks to provide a double access arrangement, which provides adequate servicing options, and enables delivery vehicles to enter and leave the site in forward gear.

4.4 Environmental Health (Air Quality Officer): No objection to the proposal.

4.5 Merseyside Fire & Rescue Service: Commercial developments of this type should have a water supply capable of delivering a minimum flow of 20 to 75 litres per second to the development site.

4.6 Environmental Health (Contaminated Land Officer): The 1849 OS map shows that the site is located near the Green Lane Colliery and therefore a condition requiring a contaminated land assessment to be undertaken is recommended.

4.7 Environmental Health (Noise Officer): No objection to the proposed development subject to the attachment of a condition relating to working hours for the demolition and construction phase.

4.8 Trees & Woodlands Officer: The tree at the rear of the site will need to be felled. The tree should be replaced with three new trees to be planted at the front of the site.

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4.9 United Utilities: No objection to the development. If possible the site should be drained on a separate system with only foul drainage connected to the foul sewer.

5.0 Representations

5.1 The application was advertised by way of 61 individual neighbour letters posted on 2nd October and a site notice displayed outside of the site on Dentons Green Lane on 3rd October. Nine individual letters of objection were received from the publicity given to the application. A summary of the issues raised is below:

• The proposal would cause disruption and is an accident waiting to happen.

• It would compromise traffic dispersal. • Pedestrian safety would be compromised by virtue of the servicing

arrangements. • It would have a significant impact on vehicles parking on street in the

area. Loss of car parking area. A CPO should be considered to secure it.

• It would have a detrimental impact on local businesses. • Insufficient car parking would be provided contrary to the requirements

of the Transport Statement. Inadequate servicing provision • The site would not be able to accommodate delivery vehicles larger

than 7.5 tonnes. • A veterinary surgery and a convenience store in this location is

unnecessary. Vets already in the area. • The proposal would have a detrimental impact on nearby residents in

terms of noise, light and anti-social behaviour especially due to the likely opening hours for the retail unit.

• The proposal would have a negative impact on property values. • There was a contamination issue with the first application. Where is

the report? Inadequate consultation ob n the application.• Loss of Tree, which is the subject of a Tree preservation Order.• Over intensive development of the site.• Out of centre site, inappropriate in the context of Town Centre

vacancies. Future users not identified. What is the connection between the two buildings?

• Concern about the operating hours of the retail unit.• Impact of commercial bins behind peoples houses.

6.0. Planning History

6.1 P/2012/0362 – Erection of a single storey building to be used as a veterinary surgery and a retail unit with associated parking, fencing and landscaping – Refused on 21/06/12 for the following reason:

The proposed development fails to provide a sufficient level of on site car parking or adequate on site servicing facilities. It would therefore result in vehicles waiting on and/or manoeuvring into the site from the A570 causing obstruction to the free and safe flow of traffic to the detriment of highway safety. The proposed development is contrary to the provisions of Policies GEN 1, GEN 9 and RET 2 in the St Helens Unitary Development Plan and the Ensuring a Choice of Travel Supplementary Planning Document which seek

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to ensure that new developments make adequate and safe on site provision for parking and servicing.

6.2 P/2012/0041 - Erection of a single storey building to be used as a veterinary surgery and a retail unit with associated parking, fencing and landscaping – Withdrawn by the applicant 02/03/12 because no sequential test was submitted with the application and the design was considered to be unacceptable.

6.3 1089/086 – Change of use from shop to tyre, exhaust and MOT depot – Planning permission granted 11/05/90 – This application was not implemented – This application relates to the Mega Mart site

6.4 0789/061 - Change of use from shop to tyre, exhaust and MOT depot – Planning permission refused 27/10/061– This application relates to the Mega Mart site

6.5 H108974 – Formation of car park – Planning permission granted 20/05/80 – This was an independent unit not conditioned to any other use

6.6 H104697 – Office and Amenity Block – Planning permission granted 19/10/77 – This application relates to the Deaf Resource Centre adjacent to the application site

6.7 H103939 – Covered car sales – Planning permission granted 27/04/77 – This application relates to the Mega Mart building. The car park was not proposed in this application nor was it in use at this time

7.0. Assessment

Loss of the Car Park

7.1 The application proposes the redevelopment of a car park that has space for 42 vehicles. Historically the car park was used to serve the Mega Mart business at 10-30 Dentons Green Lane, other local businesses and the residents of Keswick Road.

7.2 ‘Megamart’, is an indoor bazaar that comprises a number of stalls housed in one building. For the purposes of this application ‘Certificate A’ has been signed by the applicant, which states that they own the car park site.

7.3 Despite the historic use of the site as a car park, and its recent links with Megamart, the two sites do not fall under the same planning unit because they are under separate ownership, were constructed independently of each other and are not inextricably linked due to the car park having ‘common’ usage.

7.4 The Mega Mart building was granted planning permission in 1977 for covered car sales. When permission was granted its parking was to the rear and the site which is the subject of this application was still occupied by terraced dwellings.

7.5 Planning permission was granted for the demolition of 44-54 Dentons Green Lane and the formation of a car park in 1980, it was not tied to the Mega Mart building by way of planning condition or legal agreement.

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7.6 A later planning application, 1089/086, identified the car park and Mega Mart building as separate sites, indeed the car park was annotated as a ‘shared car park’ on the location plan submitted with the application.

7.7 Given the above, there is no planning requirement (by way of condition or a legal agreement) that necessitates the car park to be used in conjunction with the Megamart site. Therefore if the owner of the car park chose to, they could close it at any time and Megamart and the other local businesses could lawfully operate without it. Essentially, the applicant has a fall back position where if this planning application were refused due to the loss of the car park, they could close it anyway.

7.8 It is acknowledged that the car park is important locally, and that its loss could lead to the displacement of parking elsewhere in the local area, particularly as Dentons Green Lane has double yellow lines to ensure it operates effectively as a distributor road. However, as there is no planning requirement for the car park to remain open to allow a local business to continue to operate, it would be unreasonable to refuse this application due to the loss of the car park.

Principle of a Retail Unit

7.9 The application site is considered an out of centre site as it is not within 300m of the defined town centre boundary within the Core Strategy. This represents a change from the previous application (P/2012/0362) in which the site was considered edge of centre based on the town centre boundary within the Unitary Development Plan which was applicable at the time of considering that application. This application proposes the creation of approximately 195m2 of retail floor space within one of the units, the NPPF defines retail as a main town centre use.

7.10 The NPPF states that applications for main town centre uses that are not in an existing centre should be subject to a sequential test. LPAs should require applications for main town centre uses to be located in town centres, then in edge of centre locations and only if suitable sites are not available should out of centre sites be considered.

7.11 As the application site is an out of centre location, a sequential test has been undertaken and submitted with this application. The sequential test considers four existing town centre retail units, an existing retail unit in a local centre and an existing edge of centre retail unit.

7.12 The retail assessment was based upon PPS4, which has now been replaced by the NPPF. Although the Retail Statement has been based upon the policies of PPS4, it is considered adequate to meet the current requirements of the NPPF.

7.13 The Council’s retained retail consultants, White Young Green, were consulted regarding the principle of a retail development on the site at pre-application stage. They advised that because of the scale of development there is unlikely to be any significant impact on hierarchy of centres.

7.14 The sequential test has not identified any sequentially preferable locations for the proposed retail unit and your officers consider that it has been completed

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in an acceptable manner. The scale of the proposal means that it is unlikely to affect the vitality and viability of the town centre.

7.15 The retail element of the proposal is therefore considered to comply with the NPPF, as the creation of 195m2 of retail floor space in this location, would be unlikely to harm the vitality and viability of the town centre and it has been adequately demonstrated that there are no sequentially preferable sites.

Principle of the Veterinary Surgery

7.16 The proposed veterinary surgery is not identified as a main town centre use in the NPPF and therefore there is no requirement for it to be located in the town centre or for a sequential test to be undertaken.

7.17 The application site is previously developed land that is considered to lie in a sustainable location with good access to public transport and local amenities. The proposed veterinary surgery would be a form of economic development, which the NPPF seeks to encourage.

7.18 Local residents and businesses have raised concerns that there are existing veterinary surgeries in the local area, and that the provision of an additional surgery would effect the viability of other veterinary businesses.

7.19 “The Planning System: General Principles”, advises LPAs that; “The planning system does not exist to protect the private interests of one person against the activities of another. The basic question is not whether owners and occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings which ought to be protected in the public interest.”

7.20 Consequently, competition between similar local businesses is a private concern; it is not a matter, which would affect amenities or the use of land, and businesses, which ought to be protected in the public interest. Therefore this matter is not a material planning consideration in this instance.

7.21 The principle of a veterinary surgery is therefore considered to comply with Policy CP 1 in the Core Strategy and the NPPF, as it would secure economic development, on previously developed land in a sustainable location.

Residential Amenity

7.22 The proposed building would project approximately 12m beyond the rear of the neighbouring dwelling, number 54 Dentons Green Lane, albeit in a dogleg with part of it set in 4m from the boundary. Number 54 does not have any ground floor habitable windows that would be affected by the proposal through dominance or overshadowing. Furthermore due to the eaves height of the building, its hipped roof and the set in from the boundary, it is not considered that it would detrimentally affect the enjoyment of the neighbouring yard area.

7.23 The building has been designed with a high parapet in the centre of the roof, this is to allow the necessary plant and machinery to be hidden from view and will prevent noise from breaking out.

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7.24 Local residents have raised concerns regarding the storage of animal corpses and the potential impacts on health and general amenity. Typically the carcases are stored in a mortuary where they are double bagged and frozen until they are collected. This practice will be sufficient to ensure that there are no odours or flies. If any odour or pest complaints arose from the proposed practice this would be dealt with by the Council’s Environmental Health section. The collection of deceased animals is a management issue.

7.25 Environmental Health have advised that veterinary surgeries can sometimes increase barking in and around the building, and howling from when dogs come around from anaesthetics. A condition has been recommended to require a scheme of insulation to be submitted and installed to ensure that the potential noise affect amenity.

7.26 Concerns have also been raised about the siting of the bin store at the rear of the site and the potential for smells and pests to emanate from it. Your officers consider that the rear of the site would be an appropriate location for the storage of the bins and that it would not significantly affect amenity.

7.27 Given the proximity of residential properties to the application site, it is considered reasonable in this instance to restrict the hours of operation for both the veterinary surgery and the retail unit. It is also considered reasonable to restrict the hours of construction in the interests of residential amenity. This can be secured by condition.

7.28 The proposal is therefore considered to comply with Policy CP 1 of the Core Strategy, which seeks to ensure that new developments avoid significant loss of residential amenity or other adverse impact on the environment, and protect existing good environments from the adverse external effects of new developments.

Design and Appearance

7.29 Although it provides a functional use as a car park, the site along with the other retail units to the east, does not make a positive contribution to the character of the area. This application provides an opportunity to improve the character and appearance of the local area through the redevelopment of the site, securing urban regeneration on a main thoroughfare into town.

7.30 The general design of the building is quite generic, but given its context your officers consider that it would not detract from the character and appearance of the local area. It is proposed to face the building in contrasting red brick and grey roof tiles to match buildings in the local area.

7.31 The scale of the building, in particular the bulk of its roof, has been significantly reduced from the previous proposals, which proposed a building with a ridge height of around 8m. The proposed building would now be of a single storey with a ridge height of approximately 6m and an eaves height of around 3.8m. When viewed against the adjacent dwelling and deaf resource centre the top of the building would be around eaves level.

7.32 Whilst the unit would be lower than the two adjacent buildings, it would not be out of character with the appearance of its surroundings as there are a variety

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of building heights. Furthermore, a two-storey unit of equivalent height to the adjacent buildings would not be functional/suitable for the uses proposed.

7.33 The site has been laid out presenting a frontage onto Dentons Green Lane, with an area of car parking to the side. The building has also been constructed so that main windows present onto the side and front elevation. Your officers consider that this enhance the appearance of the local area.

7.34 The proposal is therefore considered to comply with Policy CP1 of the Core Strategy and the NPPF, which expect new developments to maintain or enhance the character and appearance of the local environment and identify good design as a key aspect of sustainable development.

Parking and Highway Safety

7.35 The loss of the existing car park has been discussed earlier at paragraphs 7.1-7.8, this section will deal with the highways implications of the proposed development.

7.36 In an attempt to overcome the previous reason for refusal (P/2012/0362), the amount of development has been reduced by 51sqm and a double access arrangement which provides further servicing options and would enable delivery vehicles to enter and exit the site in forward gear. This application has been accompanied by a Transport Statement to demonstrate the suitability of the current proposal.

7.37 Provision has been made for 16 parking spaces within the site for customers

and staff. The Transport Statement correctly identifies that the total maximum number of spaces required in this case is 19 with the proposal being to provide 16 spaces. The Transport Statement seeks to demonstrate that this provision is appropriate given that there would be some vehicular “pass by” trade, much of its custom will come from the surrounding residential area located within walking distance and therefore, a reduced demand for parking spaces. The Council’s Senior Transport Officer has considered the above and is of the opinion that the level of car parking provision is commensurate with the scope and scale of the proposed development and accords with the Council’s Parking Standards in the Ensuring a Choice of Travel Supplementary Planning Document.

7.38 Given the size of the units and a likely frequency of servicing vehicles visiting the site, it is not considered that the servicing of the units would be to the significant detriment of pedestrian safety.

7.39 This proposal now seeks to provide a double access arrangement, which provides further servicing options and would enable delivery vehicles to enter and leave the site in forward gear. The Senior Transport Officer has no objections to this arrangement in terms of highway safety and represents an improvement over the scheme previously refused.

7.40 The proposal is therefore considered to comply with Policy CP 2 of the Core Strategy, which states that new developments should make adequate and safe provision for access, and provide suitable on site provision for car parking.

Other Matters

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7.41 The development would lead to an increase in the number of animals, particularly dogs, in the local area and there is potential for increased fouling on pavements. Under the Clean Neighbourhoods and Environment Act (CNEA) 2005 it is an offence to fail to remove dog faeces from pavements and the LPA should expect the relevant legislation to be used to deal with the matter.

7.42 There is a mature sycamore tree to the rear of the site, which is protected under TPO 86, and this development would necessitate its loss. The tree is of good quality, however, as it is set way back from the highway, its amenity value is limited and the Trees & Woodlands Officer has advised that provided that three replacement trees are planted at the front of the site there would be no objections to its loss. This would ensure compliance with Policy ENV 12A of the Unitary Development Plan.

7.43 The site is located within a Coal Risk Referral Area and there is a requirement for a Coal Mining Risk Assessment to accompany the planning application. This has been requested, however has not been provided with the application. It is not considered that a refusal on this basis could be sustained, however it would reasonable to attach a condition requiring a Coal Mining Risk Assessment to be submitted for approval prior to the commencement of development, thereby meeting the requirements of the NPPF.

7.44 With regard to the issue of need, the proposal has demonstrated that the proposed retail unit would not harm the vitality and viability of the town centre and the planning system has to allow market forces to prevail and a refusal on the basis of there being no need for the development cannot be sustained in this instance.

7.45 As stated in paragraph 4.6 of this report, it is acknowledged that the 1849 OS map shows that the site is located near the Green Lane Colliery and in order to ensure that the ground contamination is being dealt with in an appropriate manner, a condition requiring a contaminated land assessment to be undertaken is considered reasonable in this instance.

8.0. Conclusions

8.1 The provision of a new veterinary surgery and retail unit would help to secure economic growth, providing 10 new jobs within the Borough, and enable the redevelopment of a visually unattractive site securing an improvement to the character and appearance of the local area. Although the development will regrettably lead to the loss of a well used car park there is no planning requirement for it to remain open. The proposals would not have a significant impact upon residential amenity and appropriate provision has been made for parking and servicing.

9.0. Recommendation

9.1 Grant planning permission subject to the following conditions:

1. The development must be begun within three years of the date of this decision notice.

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2. The development shall be carried out in accordance with the following application drawings:

• Site Location Plan – Scale 1:500 – Drawing No: 11-071 / P / 01 – Date January 2012.

• Site Plan as Existing – Scale 1:100 – Drawing No: 11-071 / P / 02 – Date January 2012.

• Site Plan as Proposed – Scale 1:100 – Drawing No: 11-071 / P / 03 – Revision A – Date July 2012.

• Elevations as Proposed – Scale 1:100 – Drawing No: 11-071 / P / 04 – Revision C – Date January 2012.

3. No development shall take place until precise details of the external facing materials and finishes to be used have been submitted to and approved in writing by the Council as Local Planning Authority. The development shall be constructed in accordance with the agreed details and retained as such thereafter.

4. No development shall take place until a landscaping and boundary treatments scheme has been submitted to and agreed in writing with the Council as Local Planning Authority. The scheme shall include the following:

� Layout drawing/planting plans � Planting Schedule (indicating size, species, spacing, number and density

of plants), including replacement tree planting. � Written specifications � Tree pit specifications � Ground condition enhancement (including cultivation and other operations

associated with trees, shrub, hedge or grass establishment) � Areas of hard standing � Method statements � Implementation and maintenance programme � Management and monitoring plans � Drainage details, where appropriate. � Proposed finished site levels

The agreed scheme shall be implemented prior to any part of the development being brought into use.

Any planting which within a period of 5 years of implementation dies, is removed, or becomes seriously damaged or diseased shall be replaced during the next planting season with others of a similar size or species, unless the Council as Local Planning Authority gives written consent to a variation.

Should replacement planting be necessary, the Council shall be notified in writing not less than 7 days prior to the planting taking place. Notification shall include details of the problem with the implemented scheme and the specification and timing of the replacement planting.

5. No tree felling, lopping or pruning shall take place from 1st March to 31st

August inclusive.

6. No works shall take place on the site at all until a method statement comprehensively detailing the phasing and logistics of demolition/construction

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has been submitted to and approved in writing by the Council as Local Planning Authority. The method statement shall include but not be limited to:

� Construction traffic routes, including provision for access to the site � Entrance/exit from the site for visitors/contractors/deliveries � Location of directional signage within the site � Siting of temporary containers � Parking for contractors � Identification of working space and extent of areas to be temporarily

encosed and secured during each phase of demolition/construction � Temporary roads/areas of hard standing � Schedule for large vehicles delivering/exporting materials to and from

site � Storage of materials and large/heavy vehicles/machinery on site � Details of street sweeping/street cleansing � Hours of working � Phasing of works

The development shall be carried out in accordance with the approved plan, unless otherwise agreed in writing with the Council as Local Planning Authority.

7. No development shall take place until details of wheel wash facilities for all vehicles visiting the site have been submitted to and approved in writing by the Council as Local Planning Authority. Such details shall include plan(s) showing the location(s) of the facilities, hours of operation and technical specifications of plant and equipment. Thereafter the wheel wash facilities shall be installed and operated in accordance with the approved details unless otherwise approved by the Council as Local Planning Authority.

8. Demolition and construction works shall take place Mondays to Fridays 0800 to 1800 hours, Saturdays 0900 to 1300 hours with no working on Sundays, Public Holidays or Bank Holidays, inclusive of any weekday.

9. The premises shall only be used as a veterinary surgery and a retail unit and for no other purpose.

10. The veterinary surgery shall only be open to customers during the following hours:

� 0830 – 1900 Mondays – Fridays � 0830 – 1230 Saturdays

11. The retail premises shall only be open to customers during the following hours:

� 0800 - 2200 Mondays – Saturdays � 0900 - 1600 Sundays � 0900 - 1600 Public & Bank Holidays

12. No development shall take place until a scheme of sound insulation works has been submitted to and agreed in writing by the Council as Local Planning Authority. The agreed scheme shall be implemented prior to the development being brought into use, and shall be retained as such thereafter.

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13. No development shall take place until the following has been undertaken:

a) A Phase I site investigation shall be carried out that includes a desk study, site walkover, and human health and environmental risk assessment. The assessment shall be submitted to and agreed in writing by the Council as Local Planning Authority.

b) An investigation and assessment methodology shall be carried out that includes analysis suite and risk assessment methodologies. The assessment shall be submitted to and agreed in writing by the Council as Local Planning Authority prior to any site investigations being carried out.

c) A site investigation and assessment shall be carried out by an appropriately qualified and experienced person or persons. This shall determine the status of contamination, including chemical / flammable or toxic gas / asbestos/ physical hazards / other contamination at the site. 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, the potential for migration and risks associated with them. This is to include a risk assessment with regard to controlled waters. Results of the investigation shall subsequently be submitted to and agreed in writing by the Council as Local Planning Authority.

d) A remediation strategy shall be formulated that includes a timetable for implementation, monitoring proposals and remediation validation methodology. This shall be submitted to and approved in writing by the Council as Local Planning Authority.

e) The agreed remediation strategy shall be demonstrably and successfully completed in accordance with the details agreed above before the proposed use commences.

A Site Validation/Completion Report shall be submitted to and approved in writing by the Council as Local Planning Authority within 4 weeks of the completion of the implementation of the agreed strategy, and shall be completed by a suitably qualified professional. This shall include details on the remediation works undertaken; validation testing of the adequacy of the remediation; certificates of the suitability of the imported cover materials from a suitably qualified independent person; the fate of any excavated material; and any necessary verification-monitoring programme including details of any installed post-completion monitoring devices, together with measures to be undertaken should action limits be exceeded.

14. No part of the development shall be brought into use until visibility splays of 2 metres by 2 metres have been provided on each side of the access. The depth shall be measured from the back of footway/verge; and the width measured outward from the edges of the access. The splays shall be created clear of obstructions to visibility. Once created, the visibility splays shall be maintained clear of any obstruction and shall be retained at all times.

15. The development shall not be brought into use until the areas indicated on the submitted plans to be set aside for parking and servicing have been surfaced, drained and permanently marked out or demarcated in accordance with the

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details and specifications shown in drawing number 11-071 / P / 03 Revision A. The parking and servicing areas shall be retained as such thereafter.

16. No part of the development hereby approved shall commence until a scheme for the design and construction of the site access arrangement, in accordance with the principles of the approved drawings has been submitted to, and approved in writing by, the Council as Local Planning Authority. The double access arrangement shall include pedestrian crossing points and tactile paving. The approved scheme shall subsequently be constructed and completed prior to first use.

17. Prior to the commencement of development, precise details of vehicular visibility spays along Dentons Green Lane from the site access shall be submitted to and agreed in writing with the Council as Local Planning Authority. The agreed visibility splays shall be implemented prior to the first use of the building and be kept clear of any obstructions over 900mm thereafter.

18. No part of the development hereby approved shall commence until any required remedial works have been completed which have been informed by Coal Mining Risk Assessment which has first been submitted to and approved in writing by the Council as Local Planning Authority.

Informatives

Highway Informatives 1. It is an offence to carry out any works within the public highway without

permission of the Highway Authority. The grant of planning permission will require the applicant to enter into a S278 Agreement with the Council as Highway Authority. The applicant is advised to contact Mike Taylor, Transport Planning, Town Hall, Victoria Square, St Helens WA10 1HP (Tel 01744 676187) to ascertain the details of such an agreement and the information to be provided.

2. 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.

3. 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.

Merseyside Fire & Rescue Service Informative Your attention is drawn to the attached response from Merseyside Fire & Rescue Service.

Landscaping Informative The landscaping and boundary treatments scheme required by condition number 4 should include at least two new heavy standard, container grown trees, secured with

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tree ties and stakes on the western side of the site adjacent to no.54 Dentons Green Lane. They should be set back from the house and boundary and only small compact species used. Sorbus aucuparia Cardinal Royal or acer campestre Queen Elizabeth would be appropriate.

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10.0 Images

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Photograph showing the building located to the south east of the application site.

Photograph showing how the application site relates to the residential properties on Keswick Road to the rear of the site.

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Photograph showing the application site and the protected tree located to the rear of the site.

Photograph showing the side elevation of no.54 Denton’s Green Lane and its relationship to the application site.

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Photograph showing the building located opposite the application site.

Photograph showing the application site as viewed from Denton’s Green Lane.

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Photograph showing the application site as viewed from Denton’s Green Lane.

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PROPOSED SITE PLAN

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PROPOSED ELEVATIONS

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2

7

71

72



QUARTERLY UPDATE REPORT ON PLANNING PERFORMANCE

1 INTRODUCTION

1.1 This report sets out the performance of the Development Control (Planning Applications and Enforcement) and Development Plans over the first two quarters of the financial year for 2012/13.

2 DEVELOPMENT CONTROL

Planning Applications Statistics 1st April to 30th September

TARGET 2011/2012 2012/13 All Applications Received n/a 628 550

All Applications Determined n/a 626 551

% Major Applications determined within 13 weeks

75 71.4 75

% Minor Applications determined within 8 weeks

90 94 91.4

% Other Applications determined within 8 weeks

95 97.1 95

% of Applications Submitted Online

50 59 63

% of Appeals Allowed 30 0 10

Table 1: Performance in Relation to Planning Applications and Appeals

2.1 Although the number of applications received and determined has decreased over the same period last year, performance remains on target and continues to improve. In terms of appeals, only one out of ten decisions received so far this year has been allowed. As the table shows, submission of applications online and use of the internet remains a successful part of the service.

Enforcement 1st April to 30th September

TARGET 2011/12 2012/13 No of Complaints Received n/a 233 241

Complaints Resolved n/a 193 249

% Site visits carried out within 5 working days

87 84.5 90.9

% Cases with Initial Action within 13 weeks

91 90.7 91.7

Table 2: Performance in Relation to Enforcement Cases

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73


2.2 As with the first quarter, and despite receiving more cases for investigation this year than during the same period last year, Table 2 shows that performance continues to be well above target and an improvement on the corresponding period in 2011. Table 3 below further shows that although the number of complaints has increased, the number of notices served is generally lower. This is most likely as a result of resolution through negotiation, submission of planning applications and a number of cases where no breach has been found.

TYPES OF NOTICE 2011/12 2012/13 Stop Notice 0 0 Temporary Stop Notice 0 0 Enforcement Notice 4 1 Breach of Condition Notice 1 1 Planning Contravention Notice 4 2 Section 215 1 0 Direct Action (Inc Eviction of travellers from Land)

1 0

Prosecutions 1 2 S106 0 0

Table 3: Notices Served

3 DEVELOPMENT PLANS

Planning Policy

3.1 In relation to the Core Strategy, the Council has received the Inspector’s Report, and has found the document to be sound with some minor modifications. It is to be considered for adoption at the Full Council meeting to be held on the 31st October 2012. If adopted, it will be the first in the Liverpool City Region and only one of a handful in the North West region as a whole.

3.2 There have been 123 housing completions this year, including 40 affordable units. A further 243 units are under construction, 77 of which are affordable. Affordable housing provision going forward is 32% of the total.

3.3 The scoping consultation on the Local Economy Supplementary Planning Document has commenced. It is due to close on the 12th November 2012.

Transport

3.4 A number of the major Local Sustainable Transport Fund (LSTF) schemes have now commenced. These include: � Development of walking and cycling improvements on the A580 � Cycling hub at Bold Miners Centre � Feasibility design work on St Helens Linkway and access to Haydock

Industrial Estate � Development of a Travel Trainer support package to enable access to

employment from public transport, particularly for those with disabilities and access problems

3.5 Development of Mid Mersey LSTF Schemes including: � Procurement of extended bus services to create a direct link between St

Helens and Daresbury Science Innovation Centre

8

74


� Design work on the conversion of the mineral railway line into a walking and cycling route

3.6 Implementation of other key components of the LSTF work is also being undertaken including installation of cycle parking facilities at numerous businesses; a car share website for Haydock and Lea Green; and upgrading the path including lighting on Kilbuck Lane to connect people by foot and cycle with Haydock Industrial Estate.

3.7 The Transport Development Control team now deals with the evaluation and monitoring of Travel Plans for developers.

Environment

3.8 The key issues stage for the Bold Forest Park Area Action Plan has been completed.

4 RECOMMENDATION

4.1 That Members note the content of the report.

4.2 The Contact Officer for this report is Melanie Hale, Urban Regeneration & Housing Department, Town Hall, St.Helens, 01744 676115

8

75

76


Agenda Reports Pack (Public) 06/11/2012, 17

Documents

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