Agenda item

22/00638/FUL - Proposed development of 13 Dwellings (Use Class C3) with associated landscaping, access/egress, parking and associated works on land bounded by Church End and Town Lane, Hale, L24 4AX

Minutes:

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

 

The published AB list referred to two corrections in the report; these were noted by Members.  Also, the following additional conditions were to be added to the recommended schedule of conditions as follows:

 

·         Hedgehog highway details;

·         Carbon reduction scheme;

·         Construction dust mitigation scheme;

·         Unsuspected contamination condition; and

·         Contaminated land remediation verification condition.

 

Officers clarified two points, one relating to the matter of two trees, which are proposed to be removed.  The other relating to the values of Section 106 Agreements, which were omitted from the report.  The values were confirmed as being £3,617.38 towards recreational pressure and £17,587.14 towards off site open space. 

 

It was also reported that one further objection had been received since the publication of the agenda; the points raised in the objection are summarised as:

 

·         Proposal is for 13 dwellings, guideline states 12 dwellings;

·         How can Halton need more 4 bedroomed dwellings;

·         There is a need for affordable homes;

·         There is a need for properties to cater for older residents;

·         Danger of a road next to a school; and

·         The ancient duck pond is not preserved.

 

Responses were provided to each by the Case Officer in the following terms:

 

·         The DALP allocation carried a notional indicative capacity of 12 units;

·         The strategic housing needs of the local housing market were set out in the report. Page 159-162 of the agenda;

·         The scheme is contributing three affordable housing units as part of the proposal;

·         There is no requirement of the site allocation to cater for a specific demographic of the population;

·         A grant of planning permission would see the development proposal implemented in accordance with building regulations that require non discriminatory provisions such as level access, downstairs toilets etc;

·         A pond feature is present on site, a recent visit found it to contain water.  There are no records of Great Crested Newts within 1km of the site boundary.  The pond was recorded as dried up during a contaminated land survey.  Recent observations recorded that a large portion of the pond had paddock grass growing at its centre, supporting earlier recordings of it being dried up.  Given the lack of maintenance of the pond and its present condition, it is considered to be of low quality and low grade.  Removal of the pond would not cause harm to biodiversity that would justify refusal pursuant to paragraph 180a of the NPPF or Policy HE1 of the Halton Delivery and Allocations Plan.  The pond is located in the area where three affordable properties are proposed to be built.  Page 163 of the agenda notes the precarious viability of the scheme.  Further erosion of the viability with regard to the loss of developable land is a material consideration.  The delivery of three affordable residential units is of materially greater worth than the retention of the pond; and

·         Concerns of highways safety were addressed by the Council’s Highways Officer, who commented that full consideration had been given to the impact of the development upon the adjacent school access point. 

 

The Application was moved and seconded and the Committee approved it, subject to the conditions listed below with the addition of the 5 additional conditions mentioned above.

 

RESOLVED: That authority be delegated to the Operational Director – Planning, Policy and Transportation, to determine the application in consultation with the Chair or Vice Chair of the Committee, following the satisfactory resolution of the outstanding issues relating to HRA (Habitats Regulations Assessment) compliance.  Upon satisfactory resolution that the Application be approved subject to the following:

 

a)    Section 106 Agreement that secures the terms set out in the Legal Agreement section of the report;

 

b)    schedule of conditions set out below and recommended conditions that follow with any additional conditions recommended through the resolution of the HRA compliance issue to be added:

 

1.    Time limit;

2.    Plans;

3.    Materials to be agreed (RD3 and GR1);

4.    Submission of existing and proposed site levels (GR1);

5.    Tree protection measures (HE5);

6.    Submission of bird box scheme (CS(R)20 and HE1);

7.    Protection of mammals during construction (CS(R)20 and HE1);

8.    Electric vehicle charging points scheme (C2);

9.    Ground contamination (CS23 and HE8);

10. Visibility splays (C1 and C2);

11. Submission of a cycle parking scheme (C2);

12. Verification of the Sustainable Urban Drainage Scheme – CS23 and HE9);

13. Waste management plan (WM8);

14. Sewage disposal (HE9);

15. Construction management plan (C1);

16. Limited construction hours (GR2);

17. Detail hard standing agreed (C2 and HE9);

18. Access constructed prior to occupation (C1);

19. Landscaping (GR1, GR3 and HE5);

20. Hedgerows retained or mitigation (CS(R)20 and HE1);

21. Acoustic mitigation (GR2);

22. Hedgehog highway details;

23. Carbon reduction scheme;

24. Construction dust mitigation scheme;

25. Unsuspected contamination condition; and

26. Contaminated land remediation verification condition.

 

c)    that if the S106 Agreement or alternative arrangement is 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.

 

Supporting documents: