Minutes:
The consultation procedure undertaken was outlined in the report together with background information in respect of the site.
It was noted that outline planning permission for up to 50 dwellings was granted on this site by the Committee in 2013; therefore the principle of residential development on the site was already established.
In relation to the first application, Officers advised that further to the representations referred to in the report; a Ward Councillor had requested that a green buffer of planting be introduced between the Foxley Heath Estate and the development site. Although Officers advised that this was not necessary, condition number 5 could be amended to secure the submission of a landscaping scheme if the Committee requested. Further, two additional independent material planning objections had been received since the production of the report. These representations raised no new issues to those already discussed in the report.
The second application proposed to discharge Clause 5.2 of Section 106 Agreement dated 28 April 1995, between Liverpool Roman Catholic Archdiocesan Trustees Incorporated; Cheshire County Council; ICI Chemicals and Polymers Ltd; and Halton Borough Council. The Clause related to the land which was attached to the Section 106 Agreement being used as greenspace only. The land subject of the full planning application fell within this area and therefore the discharge was requested.
The Committee was addressed by Mr Symes who objected to the development on behalf of local residents. He argued that no public consultation had been carried out in respect of the proposal and therefore the residents were not aware it. He stated that the area did not benefit from adequate sporting facilities as stated in the report and that the fields of the proposed site were well used by locals. He referred to a covenant in a Section 106 Agreement and objected to its removal. Also he said that brownfield sites should be used over greenfield sites and that the development would cause an increase in traffic on Liverpool Road and therefore an increase in pollution.
Mr Artis addressed the Committee on behalf of the applicant. He stated that he understood the concerns of local residents but reassured them that the applicant had worked closely with the Council and addressed all concerns raised by them. He also stated that Sports England had raised no objections to the application as stated in the officer’s report.
In response to Mr Symes’ reference to a covenant on the land, the Council’s Legal Representative informed the Committee that the covenant which had existed under the Section 106 Agreement no longer existed and was defunct. The wording was being removed for purely technical reasons.
Members considered the application, representations and updated information presented to them, and agreed that the application be approved subject to an amendment to condition number 5 to include the submission of a landscaping scheme.
RESOLVED: That
a) Application 15/00013/FUL – the application be approved subject to the following conditions:
1. Time limit – full permission;
2. Plans approved;
3. Site levels (BE1);
4. Facing materials to be agreed (BE1 and BE2);
5. Submission, implementation and maintenance of a landscaping scheme (BE1);
6. Implementation of boundary treatments scheme(BE1);
7. Implementation and management of Public Opens Space (BE1);
8. Breeding birds protection (GE21);
9. Hours of construction (BE1);
10. Dust suppression during construction (BE1);
11. Construction Management Plan (Highways) (BE1);
12. Visibility splay (vehicles) – (BE1);
13. Provision and retention of parking for residential development (BE1);
14. Retention of garages (BE1);
15. Off-site highway improvements (BE1);
16. Construction of site access (BE1);
17. Speed camera relocation scheme (BE1);
18. Biodiversity enhancements (GE21);
19. Bat friendly lighting scheme (GE21);
20. Drainage strategy (PR16); and
21. Ground contamination (PR14).
b) Application 15/00100/106MOD – clause 5.2 of Section 106 Agreement between Liverpool Roman Catholic Archdiocesan Trustees Incorporated; Cheshire County Council; ICI Chemicals and Polymers Ltd and Halton Borough Council be discharged.