Minutes:
The consultation procedure undertaken was outlined in the report together with background information in respect of the site.
Officers reported a number of corrections in the report as follows:
·
Paragraph
4.1 – the date for the public exhibition was 25 November 2015 and not 2016 as
printed;
·
Paragraph
2.12 and 6.55 – includes a list of the main documents submitted with the
application. These were shown to include
a waste management plan, material management plan and landscape environmental
management plan. These had been included
in error and should be deleted as they were included in the documents to be
required by condition as detailed within the recommendation. For the avoidance of doubt the submitted construction
environmental management plan (CEMP) is draft only and the detailed CEMP was
listed to be required by condition within the recommendation;
·
Page 54
– reference is made to various SUDS measures to be included. These were listed in error and are not
proposed but just examples of SUDS measures.
By way of update Officers advised that a number of scheme refinements
were outlined within the report as summarised at 2.11 in the report. As a result of those refinements and in
particular the marginal increase in floor space, the detailed breakdown for the
development and cumulative floorspace figures should
be read from section 2.2 of the report.
Also for the avoidance of doubt the proposal description at page 17 of
the report was the description of the development as originally applied for and
does not take account of the scheme refinements.
It was reported that Knowsley Borough Council
had requested that additional conditions be added to the recommendations:
·
That a
physical barrier be required to restrict use of the emergency and bus link to Halebank prior to commencement of use. The recommended conditions include a
restriction on use of this access and submission and agreement of details but
it was recommended that the condition suggested be accepted to require
installation prior to occupation; and that
·
Further
consideration be given to cycle links connecting the end of Lovel’s
Way with the site. This had been agreed
by Halton’s Highways Officers and it was therefore
recommended that an additional condition be included to secure this.
Officers confirmed that the animal remains had now been removed from the
site. A detailed verification report was
awaited to confirm this as required by conditions 23 and 24 listed in the
recommendation. Finally Members were
advised that a response had been provided to the queries from the Lead Local
Flood Authority as outlined in the report.
This was noted that all outstanding issues could be secured through the
terms of condition 8 as listed in the recommendation.
The Committee was addressed by local resident and homeowner Mr Killen, who objected to the scheme. He suggested that Halton Council had used bullying tactics and treated the people of Halebank like second class citizens during the consultation period for the application. Mr Killen was a businessman with local knowledge of businesses in the area and he refuted the claims that this development would bring local jobs for local people, as he claimed that more foreign nationals were employed in this type of industry than local people. He further stated that the development would cause an increase in traffic; pollution and noise pollution; destroy wildlife, hedgerows and trees; and reduce the standard of living of local people.
Councillor Ian Hastie, from Halebank Parish Council, then addressed the Committee objecting to the application. He referred to the previous application and expressed his concern that the Officer recommendations to approve were unlawful. He stated that no planning consultation had taken place and the development was contrary to the 2011 Localism Act. He also stated that the report made false claims and did not highlight the environmental impacts with regards to the greenbelt; habitat and hedgerows; newts and other wildlife. He urged the Committee to consider the application carefully from a legal aspect as it was a departure from the Council’s own Policy.
Mr Gilmore, a representative on behalf of the applicant then addressed the Committee. He presented reasons in support of the application, which was a transport and technology facility which would maintain and modify trains and also act as a training facility, as well as support for the UK operation. He stated that the development would bring economic development to a deprived area; initially 150 jobs would be created which would increase to 400 - 600 on completion. It was hoped that the facility would attract further development in the area. He advised that the scheme would bring environmental benefits and landscaping and public access to the site upon completion.
Officers referred Members to the material conditions (paragraph 7) at the end of the report and confirmed that the payment of money referred to on page 67 was not a material condition. Members were also advised that all aspects of the consultation had been adhered to and confirmed that the application was a departure.
Members queried the legality of the application in comparison to the previous application that came before the Committee. It was confirmed that although all policies had been satisfied, there could be no guarantee of the outcome of a legal challenge.
In response to Members’ queries, it was confirmed that the hours of operation for deliveries by rail would be between 7am and 11pm and that Lovel’s Way was developed for the use of vehicles to the site. Conditions would be in place to restrict access to Halebank; any breach of which would be enforced by the Council. With regards to the phasing of the project, this was requested by the applicant as discussed in the report. Officers clarified the departure status in that it was designated B8; uses for storage and distribution facilities, so had now changed to manufacturing and assembling of trains. With regards to the status of the Greenbelt and Greenfield, Officers explained the site as shown in the layout plans 1B, 1C and 1D in the report pack.
After taking the representations made at the meeting into consideration, together with the Officer’s report and updates provided at the meeting, Members agreed to approve the application subject to the following conditions.
RESOLVED: The Committee is satisfied that
a) The payments referred to in the Financial Contributions section of this report would be secured as part of the sale of land; and
b) The application be approved subject to the following conditions.
1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990.
2) The development hereby approved shall be carried out in accordance with the application and all approved plans and associated supporting information, the Environmental Statement (Reference RG/eab/CHHB15 dated 3 May 2015) and recommendations and mitigation measures contained therein.
Reason: To define the permission, to ensure that the development is carried out in accordance with the approved details, in order to minimise risk to the environment and impact on nearby residents and to comply with inter alia Policy BE1 of the Halton Unitary Development Plan.
3) The development hereby approved shall be carried out in accordance with the approved phasing plans, hereinafter called Phase 1, Phase 2A and Phase 2B (“Phase”).
Reason: To define the permission and to ensure that the nature of the phasing hereby approved is understood.
4) Prior to the commencement of any development hereby approved the following shall be submitted and agreed in writing by the Local Planning Authority:
1. A Construction Environmental Management Plan to include pollution and silt pollution control measures and specific measures to minimise and mitigate impacts including noise, light, odour and dust.
2. A plan for the control of routing, access / egress to/from the site, parking and waiting for all construction traffic including plant and deliveries. For the avoidance of doubt the routing, access / egress to/from the site, other than in the case of emergency or unavoidable road closure, shall take place via the dedicated link road to A5300 / A562 only and not Halebank Road.
3. Wheel cleansing facilities for heavy commercial and site vehicles to be used by all heavy commercial and site vehicles with an operating weight greater than 3 tonnes before leaving the site throughout the construction period of the development.
The development shall be carried out in accordance with the approved details.
Reason: to allow the Local Planning Authority to ensure that sufficient regard is given to minimising potential impacts on neighbours and the environment. It would not be good practice to deal with the matters referred to in this condition on a phased basis. This is prior to commencement style condition in the interest of good planning.
5) Prior to the commencement of any development hereby approved, a programme of archaeological work in accordance with a written scheme of investigation and recommendations shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme.
Reason: to ensure the proper investigation of the site due to its historic importance. It would not be good practice to deal with the matters referred to in this condition on a phased basis. This is a prior to commencement style condition in the interests of good planning.
6) Prior to the commencement of any development hereby approved a Site Wide Waste Management Plan and a Materials Management Plan to cover the ground and earth works and construction phases of the development shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and such details as are agreed shall be implemented in full throughout the course of the development.
Reason: to allow the Local Planning Authority to ensure that sufficient regard is given to the consideration for minimising and re-use of waste materials. It would not be good practice to deal with the matters referred to in this condition on a phased basis. This is a prior to commencement style condition in the interests of good planning.
7) Prior to the commencement of any development hereby approved an Environmental Landscape Management Plan shall be submitted to and agreed in writing by the Local Planning Authority. That Plan shall include:
· A Landscape management and maintenance plan, including long term design objectives and maintenance schedules for all landscaped areas; and
· A detailed method statement for the translocation of vegetation/aquatic fauna from the existing ponds within the site to the newly created replacement ponds required by condition of this planning permission.
The development shall be carried out in accordance with the approved details and such details as are agreed shall be implemented in full throughout the course of the development.
Reason: to ensure that pond mitigation is carried out as approved and that sufficient regard is given to the long term maintenance and management of the site in the interests of biodiversity. It would not be good practice to deal with the matters referred to in this condition on a phased bases. This is a prior to commencement style condition in the interests of good planning.
8) Prior to commencement of any drainage work hereby approved and required for any phase, a detailed drainage scheme for the phase shall be submitted to and approved in writing by the Local Planning Authority. The drainage scheme for the phase shall include full details of the re-profiling of Pond A as defined on the approved plans. The scheme as approved shall be fully implemented prior to commencement of the use of the development comprised in the phase, hereby approved and shall then thereafter be maintained.
Reason: to ensure that satisfactory provision is made for drainage, to prevent the increased risk of flooding.
9) Notwithstanding any description of materials in the application prior to the implementation or installation of any hard surfacing works in any phase, full details of the materials to be used in the finished surfaces of that phase shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: to ensure the appropriate use of quality materials in the interests of visual amenity.
10) Prior to the commencement of construction of any pond an Environmental Management Plan (EMP) shall have been submitted to and agreed in writing by the Local Planning Authority to include detailed habitat and planting schedules to render the pond unattractive to birds potentially moving from the estuary (gulls, waders and waterfowl). Such designs may include the establishment of reeds, proximity of trees and managing potential flightlines and sightlines through appropriate location and design of landscaping bunds etc. Such details shall include details of a scheme for monitoring the use of the site by gulls, waders and waterfowl to be undertaken through the vegetation establishment period and methods of reporting results to the Local Planning Authority and agreeing additional measures deployed as required. These could include netting of the waterbodies.
Reason: In the interests of aerodome safeguarding, to minimise potential for birdstrike.
11) Notwithstanding any description of materials in the application no above ground construction works shall take place in respect of any building in any phase hereby approved until samples and/or full specification of materials to be used externally on the buildings have been submitted to and agreed in writing by the Local Planning Authority. Development shall be carried out as approved.
Reason: to ensure the use of appropriate external finishing materials in the interests of visual amenity.
12) Prior to the implementation or installation of any sprinkler tanks, pump houses, Ring Main Unit, Gas Governor, Primary Substation Station, bus stops or security barriers as detailed on the approved plans, full specification details, including colour coating of that feature shall be submitted to and agreed in writing by the Local Planning Authority. Any such feature shall be installed in full accordance with those approved details and the approved plans and so maintained.
Reason: the application is deficient with regards this detail, to ensure the appropriate design and quality of those ancillary features in the interests of visual amenity.
13) Unless such works do not cause existing ambient noise levels to be exceeded there shall be no construction work associated with the development on the site at any time on any Sunday, Bank Holiday or other Public Holiday or on any other day except between the following hours:
0730 – 1900 Monday to Friday
0730 – 1300 Saturdays
Reason: to ensure that the development is carried out as submitted and approved, to minimise nuisance caused to nearby residents.
14) No Heavy commercial Vehicle or any other vehicle which has an operating weight greater than 3 tonnes associated with the construction of the development shall enter or leave the site at any time on any Sunday, Bank or Public Holiday or on any other day except between the following hours:
0730 – 1900 Monday to Friday
0730 – 1300 Saturdays
Reason: to ensure that the development is carried out as submitted and approved, to minimise nuisance caused to nearby residents.
15) The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment and Surface Water Drainage Strategy (FRA) November 2015/R.151667.F001/Hydrock Consultants Limited and the following mitigation measures detailed within the FRA:
1. Limiting the developed area to Flood Zone 1 (low risk of fluvial and tidal flooding).
2. Construction of finished ground floor levels of buildings at a minimum level of 8.5m AOD.
3. Surface water discharge rates from the site to be restricted to current ‘Greenfield’ levels.
4. On-site surface water attenuation to be provided up to 100 year (20% return period) event.
5. Site contouring and topography to ensure overland exceedance flow routing to be retained on site but away from building locations.
The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.
Reason: to reduce flood risk, both on the site and elsewhere to an acceptable level.
16) No trees or hedgerows shown to be retained shall be felled, pruned, lopped, topped, uprooted or damaged in any way as a result of carrying out the development hereby approved without the prior written consent of the Local Planning Authority.
Reason: in order to avoid damage to the trees and hedgerows on and adjoining the site, in accordance with the provisions of Section 197 of the Town and Country Planning Act 1990, in the interests of visual amenity.
17) If at any time during the course of carrying out the development hereby approved, contamination not previously identified in the contamination report is found to be present at the site then no further development shall be carried out until a remediation strategy detailing how this unanticipated contamination shall be dealt with has been submitted to and agreed in writing by the Local Planning Authority. The remediation strategy shall thereafter be implemented as approved.
Reason: to ensure a safe form of development which poses no unacceptable risk of pollution.
18) The soft landscaping works associated with any phase shall be carried out prior to the occupation of that phase or in accordance with a timetable to be agreed in writing by the Local Planning Authority.
Reason: in the interest of visual amenity.
19) Prior to the commencement of use of any part of the building hereby approved a detailed travel plan including timescale for implementation shall be submitted to and agreed in writing by the Local Planning Authority. The details submitted shall include measures to discourage cycle journeys to the A562 and A5300. Such details as are agreed shall be implemented in full and in accordance with the submitted timescale.
Reason: to ensure provision for a range of transport options in the interest of sustainable development.
20) No part of the development hereby approved shall be occupied until space has been laid out within the site for the safe and secure parking of bicycles in accordance with the approved plans.
Reason: to ensure the satisfactory provision for cycle parking to encourage alternatives and sustainable means of travel and to comply with Policy TP6 of the Halton Unitary Development Plan and Core Strategy Policy CS15.
21) Prior to the occupation of any premises hereby approved in any phase the vehicle access, service and parking area related to that phase shall be laid out and surfaced in accordance with the approved plans, and shall be retained at all times thereafter within the curtilage of the site for use exclusively in connection with the development hereby approved.
Reason: to ensure the satisfactory development of the site in the interests of highway safety.
22) No part of the development hereby approved shall be brought into use until details of a silent warning device and/or methodology to be used during the movement of trains has been submitted to and agreed in writing. Any train movements within the site shall be carried out using the agreed silent warning device and/or methodology. At no time shall audible warning devices be used in connection with train movements within the site.
Reason: to minimise potential noise disturbance to surrounding residents in accordance with the submitted noise report.
23) Prior to the commencement of use of the development hereby approved, a Remediation Verification Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall provide detailed verification methodology and data in order to identify all material unsuitable for use as fill or re-use on site, to demonstrate that works for the excavation and removal of all such material and pollutant linkages have been completed in accordance with the Environmental Statement and identifying any requirements for longer term monitoring of pollutant linkages, maintenance and arrangement for contingency action.
Reason: to allow the Local Planning Authority to ensure the development is carried out as agreed in a safe form that poses no unacceptable risk of pollution.
24) Prior to the commencement of use of the development hereby approved, upon completion of the site remedial works, a verification report containing the data collected in accordance with the verification plan required by condition of this planning permission shall be submitted to and agreed in writing by the Local Planning Authority.
Reason: to allow the Local Planning Authority to ensure the development is carried out as agreed in a safe form that poses no unacceptable risk of pollution.
25) No part of the development hereby approved shall be brought into use until rail sidings have been provided within the application site to a standard providing operational connectivity to the rail network in accordance with the approved plans and Rail Connectivity Plan. Such sidings shall be retained for the lifetime of the development.
Reason: to ensure adequate provision is made to secure rail access to the site, to encourage movement of freight by rail.
26) Prior to the commencement of the use of any phase a detailed Operational Waste Management Plan including details of facilities to collect and store Bulk wasters generated as a result of the use of that phase shall be submitted to and agreed in writing by the Local Planning Authority. Such a Plan shall be implemented in accordance with the approved details.
Reason: to allow the Local Planning Authority to ensure that sufficient regard is given to the consideration for minimising and re-use of water materials.
27) No part of the development hereby approved shall be brought into use until a scheme of pond replacement to provide 3 no. ponds within the site has been implemented in full and in accordance with a detailed scheme submitted to and agreed in writing by the Local Planning Authority. Such details as are submitted shall include detailed design and pond profiles and a detailed maintenance and management plan. The ponds shall be so managed and maintained for the lifetime of the permission.
Reason: to ensure that satisfactory mitigation is provided for the ponds to be lost as a result of the development.
28) The development hereby approved shall be used for the purpose of a transport and technology facility as described and any other purpose including any purpose within use class B2.
Reason: for the avoidance of doubt as to the extent of this permission.
29) There shall be no outdoor storage or display of equipment, plant, goods or material within the site other than as detailed in the approved plans.
Reason: in the interests of visual amenity.
30) Except to provide access/egress for emergency vehicles and public transport vehicles, no motorised traffic shall at any time be permitted to gain access to or egress from Halebank Road using the section of roadway identified as Emergency Access on the approved plan.
Reason: in order to prevent traffic using the local highway network in the interests of highway safety and to minimise impacts on local residents.
31) There shall be no deliveries or dispatch of materials or trains to or from the site whether by road or by rail or movement of trains within the site during the hours 2300 and 0700 hours.
Reason: to minimise potential noise disturbance to surrounding residents in accordance with the submitted noise report. To be consistent with the period of noise assessment within the noise report.
32) No use of any part of the development hereby approved shall be commenced until physical control measures have been provided between the emergency and bus access route as defined on the approved plans and Lovel’s Way in accordance with details submitted to and agreed in writing by the Local Planning Authority. Such barrier shall be designed to prevent access to through traffic other than for access / egress for emergency vehicles and public transport as allowed by condition of this permission.
Reason: In order to prevent traffic using the local highway network in the interests of highway safety and to minimise impacts on local residents.
33) Notwithstanding the details within the plans hereby approved no part of the development hereby approved shall be brought into use until a footway and cycleway has been provided between the boundary of the site where it joins the end of Lovel’s Way and the cycle storage area within the western carpark in accordance with details submitted to and agreed in writing by the Local Planning authority. Such a footway and cycleway shall be so maintained throughout the life of the development.
Reason: To ensure that opportunities for footway and cycleway connections are maximised through the development.
34) Any works hereby approved to Pond 3 as detailed within the application shall only take place between September and January.
Reason: To minimise potential harm to the population of common toad within that pond.