Agenda and minutes

            The Minutes of the meeting held on 7 June 2021, having been circulated, were taken as read and signed as a correct record.

The consultation procedure undertaken was outlined in the report together with background information in respect of the site.

 

The Committee was advised that a response from Natural England (NE) on the Habitats Regulations Assessment was still outstanding, so the Council was not in a position to adopt the Assessment until NE had confirmed their acceptance of this. 

 

The Committee agreed that the decision on the application be delegated as described in the condition below.

 

RESOLVED:  That

 

a)    delegation be given to the Operational Director – Policy, Planning and Transportation, in consultation with the Chair or Vice Chair of the Development Management Committee, to make a decision once the Habitats Regulations Assessment has been adopted by the Council, as the competent authority, to show how the Council has engaged with the requirements of the Habitats Directive and the attachment of any additional conditions necessary, following further observations from Natural England; and

 

b)    subject to the following conditions:

 

1.    Time limit – full permission;

2.    Approved plans;

3.    Implementation of external facing materials (BE1 and BE2);

4.    Parking and servicing (BE1);

5.    Electric Vehicle charging point scheme (CS19);

6.    Cycle parking (BE1 and TP6);

7.    Breeding birds protection (GE21 and CS20);

8.    Evidence of infiltration testing (PR16 and CS23);

9.    Verification report for sustainable urban drainage system PR16 and CS23);

10. Foul and surface water on a separate system (PR16 and CS23); and

11. Waste water infrastructure protection scheme (PR5 and CS23).

The consultation procedure undertaken was outlined in the report together with background information in respect of the site.

 

It was reported that since the publication of the report the applicant had made some minor amendments to the proposal layout, to address reservations made by the Highways Authority.  These were described in the published AB Update List, together with details of the ‘Be Lean – Energy Efficient Design Measures’ that were being used by the applicant.

 

Officers also recommended an additional condition to those listed, shown at number 22 below.

 

The Committee was addressed by Bernadette Tarry, Clerk to the Sandymoor Parish Council, who on behalf of local residents, outlined three main areas of concern:

 

·         The application address was land opposite Stalbridge Drive. Could it be confirmed that, although the development of the site was opposite Stalbridge Drive, there would be no vehicular access from Stalbridge Drive;

·         Access for emergency vehicles from Keckwick Lane. This lane had poor visibility and was a narrow lane used by cyclists and pedestrians. Could a flashing signal be installed when the lane was being used by emergency vehicles;

·         It appeared on the plans that the existing natural screening/hedgerow near to the bridal path was to be removed. As part of the development there needed to be a scheme to reinstall the existing plantation/hedgerow in this area.

 

            In response, Officers confirmed that the site address had now been updated. There would be no vehicular access from Stalbridge Drive and, with regards to emergency link onto Keckwick Lane, access would be for blue light services and potential temporary use by residential traffic if highway maintenance works on site deemed its use necessary. If that is to be the case,  control measures, such as Temporary Traffic Management, would be put in place to prevent the access point being used as a rat run and materials are to be agreed and of a type so that it did resemble an access point per se. In respect of the concern regarding landscaping, existing boundary treatments would be retained. Officers would report to Members and the Parish Council regarding boundary treatment conditions.

 

The Committee agreed that the application be approved, subject to the conditions listed below.

 

RESOLVED: That the application be approved subject to the following:

 

a)    the entering into a legal or other agreement relating to securing financial contribution towards the deliver costs of local infrastructure.

 

b)    conditions relating to the following:

 

1.    Standard time limits condition (BE1);

2.    Approved plans condition (BE1 and TP17);

3.    To be carried out in accordance with acoustic report and mitigation measures;

4.    To be carried out in accordance with Flood Risk Assessment, associated mitigation measures and drainage strategy (PR16 and CS23);

5.    Detailed design and management details of drainage system (PR16 and CS23);

6.    Submission and agreement of a submission of a construction traffic management plan which will include wheel cleansing details, hours of construction and deliveries (BE1);

7.    Submission and agreement of a Construction Environmental Management Plan  ...  view the full minutes text for item 10.

The consultation procedure undertaken was outlined in the report together with background information in respect of the site.

 

Officers advised that since the publication of the report the applicant had provided a statement that outlined the design approach to mitigating the effects of the development on climate change.  The full details were presented in the published AB update list. 

 

It was reported that the bat survey had now been received and reviewed by Merseyside Environment Advisory Service (MEAS) who advised that the Council did not need to consider the proposals against the three Habitats Regulations tests.  The two additional recommended conditions relating to the requirement for ecological supervision and installation of bat boxes were noted.

 

The Committee was addressed by Mr Moorhouse who spoke in support of the application. Mr Moorhouse provided a background to the application (a previous application was refused by the Committee on the basis of parking/highway safety concerns in July 2020 however the decision was appealed and an Inspector had set out highways considerations for the development). He reiterated the findings of the Inspector, and he explained that, as part of the development, the new pharmacy could offer improved vaccination facilities. Councillor Philbin had requested additional electric vehicle charging points and this could be considered and the applicant had signed a Section 106 agreement regarding affordable housing.

 

RESOLVED:  That the application be approved subject to:

 

a)    entering into a legal or other agreement relating to securing a commuted sum in lieu of onsite open space provision and affordable housing.

 

b)    conditions relating to the following:

 

1.    Time limit – full permission;

2.    Approved plans;

3.    Existing and proposed site levels (BE1);

4.    External facing materials (BE1 and BE2);

5.    Soft landscaping scheme (BE1);

6.    Boundary treatments scheme (BE1);

7.    Hours of construction (BE1);

8.    Electric vehicle charging points scheme (CS19);

9.    Provision and retention  of parking (BE1);

10. Provision and retention of cycle parking;

11. Implementation of noise mitigation measures (PR2);

12. Ground contamination (PR14);

13. Drainage strategy / conditions (PR16);

14. Bat mitigation;

15. Provision of a leaflet in relation to European sites;

16. Waste audit;

17. Restricting use of commercial unit to pharmacy use and retail floor space;

18. Submission and agreement of mechanical plant;

19. Restricting external shutters;

20. Ecological supervision is required during removal of roost features; and

21. Details of bat boxes for installation on the proposed building.

 

And,

 

c)    that if the satisfactory amended plans and / or S106 Agreement or alternative arrangement was not executed within a reasonable period of time, authority be delegated to the Operational Director – Policy, Planning and Transportation, in consultation with the Chair or Vice Chair of the Committee to refuse the application.

The consultation procedure undertaken was outlined in the report together with background information in respect of the site.

 

            The Committee was advised that since the publication of the report comments had been received from Merseyside Environmental Advisory Service (MEAS); these were presented in the published AB update list.  Further, updates from the Council’s Ecological Advisor, the applicant (in relation to lower energy usage and carbon reduction) and the Highway’s Officer were included in the list.

 

The Committee agreed that the application be approved subject to the addition of conditions resulting from the updates mentioned and subject to the conditions below.

 

RESOLVED: That the application is approved subject to the following:

 

a)    entering into a legal or other agreement relating to securing a commuted sum in lieu of onsite open space provision and affordable housing where required.

 

b)    conditions relating to the following:

 

1.    Time limit – full permission;

2.    Approved plans;

3.    Site levels;

4.    Materials;

5.    Contaminated land – site investigation;

6.    Drainage – SuDS;

7.    Boundary details to be agreed / implemented;

8.    Waste audit / management plan;

9.    Highway works

10. Hours of construction;

11. Breeding birds protection;

12. Hedgehogs;

13. Ecologically sensitive lighting scheme;

14. Cycle storage to be agreed / implemented;

15. Landscaping to be implemented;

16. Replacement tree planting;

17. Affordable housing scheme (where required);

18. Drainage verification report;

19. Access implementation;

20. Electric vehicle charging to be agreed / installed;

21. Bat boxes to be agreed / installed;

22. Bird boxes to be agreed / installed;

23. Information packs for new residents; and

24. Use restriction.

 

And,

 

c)    that if the updated Habitats Regulation Assessment / S106 Agreement or alternative arrangement was not executed within a reasonable period of time, authority be delegated to the Operational Director – Policy, Planning and Transportation, in consultation with the Chair or Vice Chair of the Committee to refuse the application.

 

 

The consultation procedure undertaken was outlined in the report together with background information in respect of the site.

 

            It was confirmed that since the publication of the report the applicant had submitted the requested documents, as listed in the AB update list, which prevent the need for pre-commencement conditions.  These were accepted by MEAS. 

 

The Committee was addressed by Ms Gabrilatsou on behalf of the applicant Aldi Foodstore Ltd, who spoke on behalf of the application. The application was for a commitment to invest £4.1m on the development a new fit for purpose Aldi store on the existing site and Ms Gabrilatsou outlined to the Committee the improvements the new store would bring.

 

Arising from the discussion the Committee queried if there would be a limited stay parking provision on the car park. Officers agreed to clarify this and report back to the Committee.

 

RESOLVED:  That the application is approved subject to:

 

a)    satisfactory land ownership notification and resolution of the outstanding flood risk issues; and

 

b)    conditions relating to the following:

 

1.    Time limits;

2.    Approved plans

3.    Construction management plan (BE1);

4.    Existing and proposed site levels (BE1);

5.    External facing materials (BE1 and BE2);

6.    Landscaping and boundary treatments scheme (BE1 and BE22);

7.    Tree protection measures (GE27);

8.    Breeding birds protection (GE21 and CS20);

9.    Bird and bat boxes scheme (GE21 and CS20);

10. Electric vehicle charging points scheme (CS19);

11. Offsite highway works (BE1, TP6, TP7, TP12, TP15 and TP17);

12. Parking, access and servicing provision (BE1, TP12 and TP15);

13. Ground contamination (PR14 and CS23);

14. Flood risk and drainage strategy (PR16 and CS23);

15. Foul and surface water on a separate system (PR16 and CS23);

16. Cycle parking (TP6);

17. Reasonable avoidance measures (RAMs) for hedgehogs (BE1, GE21 and CS20);

18. External lighting scheme (BE1, GE21 and CS20);

19. Invasive species method statement (BE1, GE21 and CS20);

20. Use restriction (BE1); and

21. The development to be carried out in accordance with the documents listed on page 6 of the supplementary information.

The Committee was advised that the Tree Preservation Order (TPO) concerned individual, group and woodland protection of a selection of existing trees at Widnes Golf Course.

 

The consultation procedure undertaken was outlined in the report together with background information in respect of the site.

 

RESOLVED: That the TPO be approved and confirmed.