APPLICATION NO: LOCATION: PROPOSAL: WARD: PARISH: CASE...

Planning Committee14/07/2015

P/2015/0306

APPLICATION NO: P/2015/0306LOCATION: 800 WARRINGTON ROAD RAINHILL ST HELENSPROPOSAL: Erection of 6no dwellings with associated

landscaping.WARD: Rainhill PARISH: Rainhill CASE OFFICER: John WaddelowAGENT(S) / APPLICANT(S): MSA ARCHITECTS MR KEITH SUMMERS

NEWTON-LE-WILLOWSDEVELOPMENT PLAN ALLOCATION: Unallocated site within a primarily residential

area.The following development plan policies are relevant .

St Helens Local Plan Core Strategy 2012.CSS1 ‘Overall Spatial Strategy’CSD1 ‘NPPF – Presumption in Favour of Sustainable Development’CAS1 ‘St Helens Core Area Strategy’CP1 ‘Ensuring Quality Development in St Helens’CP2 ‘Creating an Accessible St Helens’CH1 ‘Meeting St Helens’ Housing Requirement’CH2 ‘Meeting St Helens’ Housing Needs’CQL2 ‘Trees & Woodlands’CQL3 ‘Biodiversity and Geological Conservation’CQL5 ‘Social Infrastructure’

Saved St Helens UDP policies.The following policies are relevant:GEN6 ‘Incidental Open Space Provision’ENV1 ‘Protection of Open Space’ (Public and educational)ENV11 Tree Surveys ENV12A and12B Development Affecting existing trees.ENV13 New Tree Planting on Development Sites.

BACKGROUUND PAPERS Planning history referred to see section 6.0REPRESENTATIONS: See section 5.0RECOMMENDATION: Grant subject to conditions

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1.0 Application Site.

The application site consists of a large detached dwelling (800 Warrington Road) located on the outskirts of Rainhill. The property lies on the bend directly adjacent to the Ship Inn facing St Ann’s lodge which forms part of Loyola Hall. The site frontage is characterised by a large sandstone wall with the existing dwelling largely obscured form view. At the moment the plot has two vehicular access/egress points. The first of these is a gated access/egress located directly at the apex of the blind bend in Warrington Road directly adjacent the Ship Inn car park. The second point of access


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egress is through the public house car park itself and is remote from the public highway.

2.0 The Application

2.1 The planning application is made for the demolition of the existing dwelling house, followed by redevelopment of the site with 6 detached dwellings. As amended the application would permanently close the access/egress at the apex of the bind bend in Warrington Road. Retain the access to the Ship Inn car park and create a new access from Warrington Road .The new access/egress from Warrington Road would be the primary access /egress to serve the new dwellings. The site entrance gates would be set back by 5m from the rear of footway on Warrington Road. The boundary wall would be reduced in height to 900mm to maximise highway visibility splays. The internal road layout design has been modified to ensure that all cars and normal service vehicles would be able to enter and leave the site in a forward gear.

2.2 The site has a width of 65 m and a depth varying between 22 and 41 m. There is significant tree cover on the site and there are trees on the Ship Inn adjacent which are the subject of a Tree Preservation Order. To the rear of the site (south) are existing houses on Porter Close. These properties are currently screened by a lleylandii hedge, which it is intended to manage and keep, but the proximity of the properties to the common shared boundary should be noted .The distance from the rear elevation of these existing properties to common boundary is approximately 5.6- 6.0 m.

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 person’s 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 The adopted development plan for St Helens consists of the St Helens Local Plan Core Strategy (adopted 2012); saved policies in the St Helens Unitary Development Plan (adopted 1998); and the Joint Merseyside and Halton Waste Local Plan (adopted 2013). The following policies are relevant to the determination of the planning application.


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St Helens Local Plan Core Strategy 2012

CSS1 ‘Overall Spatial Strategy’CSD1 ‘NPPF – Presumption in Favour of Sustainable Development’CAS1 ‘St Helens Core Area Strategy’CP1 ‘Ensuring Quality Development in St Helens’CP2 ‘Creating an Accessible St Helens’CH1 ‘Meeting St Helens’ Housing Requirement’CH2 ‘Meeting St Helens’ Housing Needs’CQL2 ‘Trees & Woodlands’CQL3 ‘Biodiversity and Geological Conservation’CQL5 ‘Social Infrastructure’

Saved St Helens UDP Policies

The following policies are relevant:GEN6 ‘Incidental Open Space Provision’ENV1 ‘Protection of Open Space’ (Public and educational)ENV11 Tree Surveys ENV12A and12B Development Affecting existing trees.ENV13 New Tree Planting on Development Sites.

4.0. Consultations

4.1 Merseyside Environmental Advisory Service - The applicant has submitted a bat roost potential survey report in accordance with Local Plan Policy CQL3. The report is acceptable and will be forwarded to the Merseyside Bio Bank. The application site is within the recently updated Natural England impact risk zone (IRZ.) However, the proposal does not meet any of the consultation triggers and therefore Natural England does not need to be consulted. There are records of common pipistrelle bats from within a 250m radius of the site. There are no designated nature conservation sites within the zone of influence of the site.

4.2 The application is supported by a bat roost potential survey, which has been undertaken by a suitably qualified person. No evidence of roosting bats was recorded. However, features were observed which provide opportunities for crevice dwelling bats. The building has moderate roosting potential. The applicant has submitted a bat survey report in accordance with Local Plan Policy CQL3 (Bat Report, Ascerta, June2015, Rev A). The survey is acceptable and will be forwarded to Merseyside Bio Bank. The survey report states that no evidence of roosting bats was recorded during the survey. A bat mitigation scheme will not be required and the Council does not need to consider the proposals against the three tests (Habitats Regulations). Due to the transient nature of bats, an updated bat survey would be required if demolition works have not commenced by 1st July 2016. This can be secured by a suitably worded condition. The bat survey report makes several recommendations including the installation of bat roosting boxes and the minimisation of external lighting. The applicant may wish to follow these recommendations. There are trees on the site which would be removed as a result of the proposed works. The majority are not mature enough to have developed features suitable for use by roosting bats. All the trees were considered to be category 3 (no bat roost potential). No further assessment of the trees for bats will be required. The applicant, their advisors and contractors should be made aware that if an European Protected Species are


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found , then as a legal requirement, work must cease and advise sought from a licensed specialist.

4.3 The breeding bird condition will be required because of the vegetation removal.

4.4 Trees and Woodlands Officer - The submitted tree survey is satisfactory. A tree protection condition is required. The landscaping proposals are schematic and therefore the details should be submitted as part of a condition discharge.

4.5 Highways Advisor – The revised proposals include the closure of the south-eastern most existing access, with particularly poor visibility, with the entire development now proposed to be served from a single point of access, which provides for enhanced visibility splays to those previously indicated. The contents of the technical note prepared by the applicant’s consultants and submitted in support of the application with regard to the proposed means of access and visibility is noted. Whilst the visibility splays now proposed are best achievable, given the land within the applicant’s control, they do not meet the standards, but are considered an improvement on the existing outline consent for a lesser residential development. The current proposal secures the closure of a historic poor quality access, with obvious benefits for prospective residents of the development and highway users alike. Whilst the best achievable visibility is below the current standards, given the existing outline consent, as well as the improvements now proposed, highway objection is not considered sustainable. If minded to approve it should be the subject of conditions, (see conditions section below).

5.0 Representations

5.1 The application has been advertised by site notice and individual neighbour notification letter. As a result of the publicity given to the application 18 letters of objection have been received from members of the public. The grounds of objection are summarised as follows:

Overdevelopment of the site. Highway dangers –traffic and pedestrians on a major route between

the Motorway and Whiston Hospital. Poor visibility and the gated access will create additional dangers caused by waiting vehicles. Inadequate turning provided on the site.

Danger within 200m of Rainhill High School Existing access to the site from Warrington Road has not been used in

recent history Frequent crashes in the vicinity of the site. Three storey developments should be resisted as out of keeping with

the area. Demolition of building of historic value should be resisted. Was used

as worker accommodation for the Ship Inn when it was a stabling point as part of the Turnpike Road.

Area should be protected by the designation of a Conservation Area. Loss of sand stone wall is of concern. A revised application retaining the cottage would be viewed more

favourably. Adverse impact on trees.


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5.2 Rainhill Parish Council objects to the application. Both accesses are located close to other junctions and lack adequate site splays. It is a busy road close to a secondary school. The proposal is considered to represent a danger to highway safety, contrary to Core Strategy policy CP2 (3). Further six dwellings are considered to be overdevelopment of the site.

5.3 Rainhill Civic Society raises an objection. It is over intensive. Although similar to Porter Close adjoin the previous scheme; retention of the existing plus 3 new units was more practical. The increased number could affect trees and cause more traffic movements at or near the sharp bend. Traffic movements should be viewed in the context of future proposals for Loyola Hall opposite.

6.0. Planning History (relevant)

P/2012/0305- Outline consent for the retention of the existing dwelling and the erection of 3 additional units with new vehicular access to Warrington Road – Granted 4.7.2012.

P/2005/0608- Formation of new access onto A57 – Approved 21/07/2005.

P/2004/1500 Demolition of the existing dwelling and replacement with 14 apartments- refused 23/11/2004

P/1998/0587 Two storey rear extension approved 11/09/1998.

7.0 Assessment

The Principle of the Development

7.1 The site is located within the built up area of Rainhill, it is unallocated on the development plan but can be regarded as being in a primarily residential area. Currently the site is that of a single dwelling house. The redevelopment of the plot has been accepted in the past, through the granting of outline planning consent P/2012/0305. Reserved matters have not been submitted pursuant to the outline, but it remains a material consideration in the assessment of the current application. However, the application was different because the proposal retained the existing building and proposed three new dwellings. Two of the dwellings would have been served by the existing site access at /near the apex of the bend in Warrington Road adjacent to the Ship Inn and the other two from a new access at a mid-point on the Warrington Road frontage.

7.2 As originally submitted the current application proposed the demolition of the existing dwelling and the redevelopment of the site with six dwellings. Two of the units were proposed to be serviced from the access at the apex of the bend in Warrington Road and the others (4) served from an access at a mid- point on the Warrington Road frontage.

7.3 The application has now been amended; it still allows for the demolition of the existing house and proposes the redevelopment of the site for six units. However, in its amended form all units would gain access via the new access


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at the central point on the Warrington Road frontage. The existing access to Warrington Road at the apex point would be permanently closed. This is achieved by extending the private drive through the rear of the site, parallel to the rear boundaries of the houses on Porter Close which are located at the rear.

7.4 In this form the development would serve 6 dwellings from a private drive which is more than the 5 units normally permitted. In our view this is acceptable in this instance because the closure of the existing entrance at the apex of the bend is a demonstrable improvement in highway safety terms from the current situation and that which was permitted in the permission P/2012/0305. In addition to the new access from Warrington Road the secondary service entrance to the Ship Inn would be retained. This access can be used for construction traffic and large non routine service vehicles. The applicant confirms that they have a legal right to uses this access point.

7.5 It is essential that the site access to Warrington Road has adequate forward visibility in accordance with the standards set out in Manual for Streets 2 or if this cannot be achieved that they are suitably justified. On the basis of the amended plans the visibility splays have been improved as far as possible, whilst not fully meeting current standards.

7.6 The visibility splays are achieved by reducing the existing boundary wall to 900mm in height over much of the site frontage and the retention of these is the subject of a condition. It is proposed that the site is gated at the Warrington Road entrance and it is advisable to condition that any gates are set back form the highway edge a sufficient distance, to allow cars entering and leaving the site to be stationed clear of the highway.

7.7 On this basis it is considered that the development is satisfactory from a highway point of view.

Housing Layout and Accessibility.

7.8 The houses presented in the application are typically detached house types with integral garages, with two external car parking spaces. All of the houses are two and half storey, with rooms in the roof. The houses are proposed to be laid out in a pattern of 4 units in the narrower part of the site, presenting gables to Warrington Road and the rear of the properties on Porter Close. At the closest point the first floor gable separation distances would be 12m and 13m’s respectively for plots 2 and 4.

7.9 In the deeper part of the site, the buildings would be laid out to be parallel to 35 Porter Close and with the rear elevations facing the gable of 28 Porter Close. The building on plot 5 is designed so it would not affect the amenity of number 35 as it is out with a 45 degree line drawn from the rear elevation of that property. At its closest point the first floor separation of gable to rear elevation of plot 5 would be approximately 10m. This is short but is mitigated by the fact that there is not a complete overlap of rear elevation to gable.

Ecology and Trees.

7.10 The site has extensive tree cover and there are trees on the boundary with the Ship Inn, which are the subject of a Tree Preservation Order. The


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application is accompanied by a tree survey and the Trees and Woodlands Officer is satisfied with its provisions subject to a suitably worded tree protection condition. The new development will need a suitably worded condition with regard to future site landscaping.

7.11 The existing buildings and trees have been examined for the presence of European Protected species most notably bats. The surveys which have been completed have been carried out by suitably qualified persons and no bats have been found to be present. Consequently, there is no need for precautions or mitigation to be employed as part of the proposals. Furthermore , because bats are not present there is no need to screen the proposals against the provisions of the Habitat Regulations.

8.0. Recommendation

8. It is recommended that planning permission is granted subject to the following conditions.

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

2. The development shall be carried out in accordance with the following application drawings:Planning layout 1411/Pl/001 Rev JHouse types : Plot 1, 1411 PL101-104.Plot 2,1411 PL201A-204APlot 3,1411 PL301-304Plot 4,1411 PL401-404Plot 5 and Plot 6,1411 PL601-604

3. No part of the development hereby approved shall be occupied until the visibility splays defined on MSA Architects Drawing No. 1411/PL/001 Rev I are cleared of all obstructions to visibility exceeding 900mm in height above footway level. The visibility splays shall subsequently be maintained free of any visual obstruction thereafter.

4. No development shall take place until a scheme to permanently close off the existing vehicular access on to Warrington Road has been submitted to and agreed in writing by the Council as Local Planning Authority. The scheme shall be implemented as agreed before any part of the development has been brought into use, unless otherwise agreed in writing by the Council as Local Planning Authority.

5. 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.

6. No works shall take place on the site at all until a method statement comprehensively detailing the phasing and logistics of demolition/construction has been submitted to and approved in writing


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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 siteEntrance/exit from the site for visitors/contractors/deliveriesLocation of directional signage within the siteSiting of temporary containersParking for contractorsIdentification of working space and extent of areas to be temporarily enclosed and secured during each phase of demolition/constructionTemporary roads/areas of hard standingSchedule for large vehicles delivering/exporting materials to and from siteStorage of materials and large/heavy vehicles/machinery on siteDetails of street sweeping/street cleansingHours of workingPhasing 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. The development shall not be implemented until the surface water drainage of the site has been designed to prevent the discharge of water on to the public highway. The drainage design shall be submitted to, and approved in writing by, the Council as Local Planning Authority.

8. Precise details of the external facing materials and finishes to be used shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any site works. The work hereby approved shall be constructed to those agreed details and retained as such thereafter.

9. Prior to the commencement of development precise details of all boundary treatments including gates,( with special reference to the Warrington Road frontage) shall be submitted to and approved in writing by the local planning authority. The development shall be completed in accordance with the approved details. The approved boundary treatments shall remain unaltered unless prior approval is first given by the local planning authority.

10. No development shall take place until a landscape and boundary treatments scheme has been submitted to and agreed in writing by the local Planning Authority. The scheme shall indicate the size, species and spacing of planting, the areas to be grassed and the treatment of hard surfaced 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 approved scheme shall be implemented prior to the first occupation of the dwellings.

11. Temporary measures to provide physical protection of all trees, hedges and shrubs shown to be retained shall be in accordance with details submitted with the planning-tree protection drawing P.270.12.02B. The


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provision of total exclusion zones must be achieved by the erection of protective fencing to not less than the standards indicated 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 the site and building works. Once the tree protection fencing has been erected the St Helens Trees and Woodlands Officer must be notified, so the tree protection fencing can be inspected and approved before the development can commence.

12. No grassland clearance or tree or hedgerow felling, lopping or pruning shall take place from 1st March to 31st August inclusive, unless a survey for breeding birds has been undertaken and the results, together with a scheme of mitigation and protection measures has been submitted to and approved in writing by the Council as Local Planning Authority. Should grassland clearance, tree or hedgerow felling take place between the dates stated above, the agreed mitigation and protection measures shall be implemented in full and retained through the duration of the relevant works.

13. No dwelling within the development hereby approved shall be occupied or any first use commenced until that part of the internal highway infrastructure, which provides access to the to the individual dwelling, has been constructed to binder course surfacing level (or block paved) and is available for use in accordance with the approved plans.

14. The parking provision shown within the curtilage of each dwelling on the approved plans shall be provided prior to first occupation of the dwelling to which it relates. The parking provision shall not be used for any other purpose other than the parking of vehicles. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, (or any Order revoking or re-enacting that order), no building works, which would reduce this provision, shall take place except following the express grant of planning permission by the Council.

15. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, (or any Order revoking or re-enacting that order), the garage shall not be converted to living accommodation or used for any purpose that would preclude the storage of a car except following the express grant of planning permission by the Council.

16. Notwithstanding, the provisions of the Town and Country Planning (General Permitted Development) Order 2015, (or any order revoking or re -enacting that order) no works to the dwellings under schedule 2 part 1 classes A, B, C, D, E shall be carried out unless permission is sought from and granted by the Council acting as Local Planning Authority.

Informatives.

Standard Highways.


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If demolition pursuant to this permission takes place after 1/7/2016 a new bat survey will be required.

10.0 Images


P/2015/0306

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