Town and Country Planning Act 1990

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road and bridge between Chester Road (A5060) and Slutchers Lane, and ... (c) Submitted drawing number CPL-RAM-XX-ZZ-SK-J
Mr Jeff Turner, Ramboll 2nd Floor, The Exchange St. John Street Chester CH1 1DA

Professor Steven Broomhead Chief Executive 3rd Floor New Town House Buttermarket Street Warrington WA1 2NH [email protected] 01925 442819

Town and Country Planning Act 1990 Application for Planning Permission Accompanied by an Environmental Assessment

Notice of Decision Application No.: Proposal:

Location: Decision:

2017/29897 Environmental Assessment Application- Proposed Construction of a new link road and bridge between Chester Road (A5060) and Slutchers Lane, and associated works including demolition earthworks, drainage, lighting, signage and temporary construction compounds including temporary hoarding. Land off Chester Road, Slutchers Lane and Wilson Pattern Street, Warrington, WA4 6ES THE BOROUGH COUNCIL HAS DECIDED TO GRANT PERMISSION SUBJECT TO THE FOLLOWING CONDITION(S);

CONDITION (S) & REASON(S) 1)

The development hereby approved shall be commenced before the expiration of three years from the date of this permission. Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 91 (as amended) of the Town & Country Planning Act 1990.

2)

The development shall be carried out in accordance with the following documents: (a) The planning application forms, design and access statement, environmental impact assessment and additional information received by Warrington Borough Council on 06/03/2017; (b) Submitted drawing numbers CPL-RAM-ZZ-ZZ-DR-EN-0101 Revision S0; CPL-RAM-ZZ-ZZ-DR-EN-0109 Revision S0; CPL-RAM-ZZ-01-DR-S-0002 Revision O3; CPL-RAM-ZZ-ZZ-DR-EN-0110 Revision S0; CPL-RAM-ZZ-ZZ-

DNEAA warrington.gov.uk

DR-EN-0102 Revision S0; and CPL-RAM-ZZ-01-DR-S-1001 Revision D1 received on 06/03/2017 (c) Submitted drawing number CPL-RAM-XX-ZZ-SK-J-0026 revision D1.1 received on 28/04/2017 Reason: for the avoidance of doubt and to enable Warrington Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policy QE7 of the Warrington Core Strategy. 3)

None of the bridge hereby approved shall be constructed until written and photographic details of the external facing materials (including manufacturer’s details) shall be submitted to the local planning authority for approval. Materials samples shall be made available to view on site and shall NOT be deposited with the Local Planning Authority. The development shall be constructed in accordance with the approved details/samples Reason: In order to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction

4)

Construction Environmental Management Plan Prior to the commencement of any works on site, the applicant shall provide in writing a Construction Environmental Management Plan (CEMP) to the Local Planning Authority for written approval. The CEMP shall review all construction operations proposed on site and shall cover as a minimum the following areas of work on a phase by phase basis, identifying appropriate mitigation measures as necessary: Proposed locations of Site Compound Areas; Proposed Routing of deliveries to Site Compounds or deliveries direct to site; Proposed delivery hours to site, Proposed Construction Hours, Acoustic mitigation measures, Control of Dust and Air Quality on site and consideration for joining a Considerate Contractors Scheme. The CEMP shall consider in each case issues relating to construction and demolition - noise, dust, odour, control of waste materials and vibration - where not detailed in a separate condition. Once approved in writing, all identified measures within the CEMP shall be implemented in accordance with the requirements therein and shall be reviewed on a regular basis and in case of receipt of any justified complaint. Any changes to the identified CEMP mitigation measures from either the regular review process or following receipt of a complaint shall be forwarded to the Local Planning Authority within 24hrs of a change being agreed or implemented. Reason: To prevent an increase in background noise levels and protects the amenity of any residents. In accordance with: Policy QE6 of the Adopted Local Plan Core Strategy

(July 2014); Paragraph 123 of the National Planning Policy Framework (March 2012); and Sections 3 and 6 of the Environmental Protection Supplementary Planning Document (May 2013) 5)

Contaminated land: Preparatory Works No development phase approved by this planning permission shall take place until a strategy that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: 1. A preliminary risk assessment which has identified: • All previous uses; • Potential contaminants associated with those uses; • A conceptual model of the site indicating sources, pathways and receptors; • Potentially unacceptable risks arising from contamination at the site. 2. Additional site investigation (where necessary), based on (1) and existing site investigations to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longerterm monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved. Reason: To mitigate risks posed by land contamination to human health, controlled waters and wider environmental receptors on the site (and in the vicinty) during development works and after completion and to comply with the provisions of the NPPF and policy QE6 of the Warrington Borough Council Core Strategy. Disclaimer: Irrespective of any involvement by this LPA, the responsibility to address contaminated land issues, including safe (re)development and secure occupancy, resides entirely with the Landowner/Developer of the site

6)

Contaminated land completion No development phase of the permitted scheme shall be taken into use until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a long-term monitoring and maintenance plan) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved. Reason: To mitigate risks posed by land contamination to human health, controlled water and wider environmental receptors on the site (and in the vicinity) during development works and after completion and to comply with the provisions of the NPPF and policy QE6 of the Warrington Borough Council Local Plan Core Strategy. Disclaimer: Irrespective of any involvement by this LPA, the responsibility to address contaminated land issues, including safe (re)development and secure occupancy, resides entirely with the Landowner/Developer of the site

7)

The development permitted by this planning permission shall only be carried out in accordance with the following mitigation measures unless otherwise agreed in writing by the Local Planning Authority: 1. The soffit level of the proposed road bridge is to be set no lower than 8.33 m above Ordnance Datum (AOD). 2. The new link road is to have a minimum level of 8.15 m above Ordnance Datum. Reason: To reduce the risk of river flooding elsewhere and to provide safe access and egress in the event of severe river flooding and to comply with the provisions of the NPPF and policy QE4 of the Warrington Council Local Plan.

8)

No development shall commence until a detailed method statement for removing or the long-term management / control of Japanese knotweed, Himalayan balsam and Giant hogweed on the site shall be submitted to and approved in writing by the local planning authority. The method statement shall include proposed measures that will be used to prevent the spread of Japanese knotweed, Himalayan balsam and Giant hogweed during any operations e.g. mowing, strimming or

soil movement. It shall also contain measures to ensure that any soils brought to the site are free of the seeds / root / stem of any invasive plant covered under the Wildlife and Countryside Act 1981, as amended. Development shall proceed in accordance with the approved method statement. Reason: To prevent the spread of Japanese knotweed, Himalayan balsam and Giant hogweed which is an invasive species and to comply with the provisions of the NPPF. 9)

Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. Reason: To prevent pollution of controlled waters from potential contamination on site and to comply with policy QE4 of the Warrington Council Local Plan.

10)

No infiltration of surface water drainage into the ground where adverse concentrations of contamination are known or suspected to be present is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details. Reason: To prevent pollution of controlled waters from potential contamination on site and to comply with policy QE4 of the Warrington Council Local Plan.

11)

No development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to the Local Planning Authority for approval. Reason: In order to provide a reasonable opportunity to record the history of the site and to comply with Policy QE8 of the Warrington Local Plan Core Strategy and the NPPF. A pre-commencement condition is necessary as it is essential to ensure that archaeological investigations take place before construction activity starts on site.

12)

No development shall take place until it can be demonstrated that

there will be no nett negative impacts on the ecological status/potential of the River Mersey as defined by the Water Framework Directive, resulting from the construction of the Bridge and approved in writing by the Local Planning Authority. The details, as approved, shall be implemented in full in accordance with a timetable which has first been agreed in writing by the Local Planning Authority. Reason: To protect the ecological interest of the site and to comply with the provisions of the NPPF. 13)

Tree felling, vegetation clearance works, demolition work or other works that may affect nesting birds shall not be undertaken between March and July inclusive, unless the absence of nesting birds has been confirmed by further surveys or inspections approved by the Local Planning Authority. Reason: In order to avoid adverse impacts on nesting birds and to comply with the Wildlife and Countryside Act 1981 (as amended)] and the NPPF

14)

Prior to the commencement of development hereby approved a satisfactory programmed landscaping scheme which shall include hard surfacing, means of enclosure, planting of the development, indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of the development, shall be submitted to the Local Planning Authority for approval. The approved scheme shall be implemented during the first planting season following the completion of development and any tree or shrub planted which dies or is felled, uprooted, willfully damaged or destroyed in the first five year period commencing with the date of planting shall be replaced by the applicants or their successors in title. Reason: To ensure a satisfactory form of development and to enhance the visual amenities of the locality and to comply with Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction.

15)

All trees to be retained on site shall be protected in accordance with BS 5837:2012 Trees in relation to design, demolition and construction. The development shall not commence unless and until the measures required by the British Standard are implemented and all measures required shall continue until the development has been completed. Reason: To ensure that the trees on the site are protected during construction works in the interests of local amenity, and in order to comply Policy QE7 of the Warrington Core Strategy and the Warrington SPD: Design and Construction.

16)

Prior to the commencement of any development on site, full design details for the mammal passes shall be submitted to and approved in

writing by the LPA. The details shall: • Include a pass on both sides of the river; • Demonstrate that both passes are above peak flood levels; • Demonstrate connectivity up and down stream with existing riparian and in-channel habitats; • Landscaping adjacent to the passes • Measures to prevent mammals attempting to cross over the bridge • Maintenance schedules during re-establishment of vegetation either side of the bridge • Include a timescale of implementation The works shall be carried out strictly in accordance with the approved details. Reason: To protect the ecological interest of the site and to comply with the provisions of the NPPF. INFORMATIVES 1)

The Local Planning Authority operates a pre-planning application advice service. All applicants are encouraged to engage with the Local Planning Authority at pre-planning application stage. As part of the determination of this planning application the Local Planning Authority has worked proactively and positively with the applicant ensuring that upon receipt all representations and consultation responses are available to view on the Council's web site. The Local Planning Authority has considered the application and where necessary considered either the imposition of planning conditions and/or sought reasonable amendments to the application in order to deliver a sustainable form of development in accordance with the National Planning Policy Framework. The Environmental Information submitted with the application and Environmental Impact Assessment has been taken into consideration during the application process

2)

Prior to the operation of the scheme, an agreement under Section 38 of the Highways Act 1980 shall be entered into with the Highway Authority to form the adopted highway. The applicant should contact Chris Bluck (01925 442668) to action.

3)

Working Hours For Development Sites In the interests of residential amenity, the applicant/agent/developer is strongly advised to adopt the following recommended construction/demolition hours for all works on site. Works audible at or beyond the site boundary should not occur outside of Monday to Friday 08.00hrs to 18.00 hrs, Saturday 08.30hrs to 13.30hrs and at no time on Sundays or Public/Bank Holidays.

Noisy or disruptive works carried on outside of these hours are much more likely to raise objections or complaints by local residents (due to disturbance) to the redevelopment of the site which may, in turn, result in formal action being pursued by Public Protection Services to enforce the recommended hours. Contact: For more advice and guidance on recommended construction/demolition hours or construction/demolition methods, please contact an officer from Public Protection on 01925 442589. 4)

Environmental Protection Supplementary Planning Document (SPD) For advice concerning Environmental Protection matters [Contaminated Land Assessments, Air Quality Assessments, Odour Assessments, Noise or Lighting requirements] please refer to the Environmental Protection Supplementary Planning Document on the Warrington Borough Council website: https://www.warrington.gov.uk/downloads/file/4089/spd_environment al_protection Contact: For further verbal advice please contact the Contaminated Land team on 01925 442581, Mr Richard Moore regarding Air Quality on 01925 442596 or Mr Steve Smith regarding Odour, Noise or Lighting on 01925 442589.

5)

All pavements and cycleways should be located at least 10m from the roadside. There is general mention of existing public rights of way across the Centre Point area that could be used for cycling and walking but these fall outside of the red line boundary. The proposal does include pedestrian pavements at kerbside across the bridge and then to one side of the road on Slutchers Lane. The Slutchers Lane pavement, 2m wide, is separated from the kerbside by a 0.5m verge. On the opposite site there is being left a 3.5m area for future pavement and shared cycleway when the residential is proposed. The Air Quality team has a concern that there is not a single masterplan for the Centre Point area and would advise that cycle and pedestrian routes are reconsidered. To create a more attractive route to encourage cycling and walking and to reduce exposure to traffic pollution it is recommended that pavements and cycleways are placed with a wider buffer zone from the kerbside. It may be possible to remove the pavement from the road side and use existing public rights of way. It is noted that there is a right of way alongside the river that is little used that could be brought back into shared pedestrian/cycle use. It is recommended that the pedestrian/cycle provision for the area is reconsidered in the wider context of the area and is not placed close to

the kerbside. 6)

Additional tree planting should be considered along the roadside and in areas from Gainsborough Road Care Home and south along Chester Road to Walton Terrace. It is noted that there is no additional green infrastructure proposed. Existing trees will be replaced but no additional ones are planned. Green infrastructure can help absorb pollutants and reduce exposure as well as increase wellbeing of local residents. It is recommended that this is considered for areas where there is an adverse air quality impact, primarily from Gainsborough Road Care Home to the south along Chester Road.

7)

On street electric taxi vehicle charging points should be provided for the Bank Quay taxi rank. The Slutchers Lane taxi rank is proposed to be relocated and expand the existing Bank Quay rank which is located within an AQMA. It is recommended that on street electric charging points are provided at this rank for taxi use to encourage the uptake of low emission vehicles for this sector.

8)

Link the traffic signal timings of the Trans-Pennine Trail Chester Road pedestrian crossing with the proposed Chester Road/Slutchers Lane traffic light system. Currently, there is a signalised pedestrian crossing on Chester Road by the Pennine Trail. Timings of this crossing should be linked into the new junction traffic lights to not create an additional barrier to traffic flow.

9)

An 8 inch main runs near to the proposed boundary please take care not to disturb this asset. Any necessary disconnection or diversion required as a result of any development will be carried out at the developers expense. Under the Water Industry Act 1991, Sections 158 & 159, we have the right to inspect, maintain, adjust, repair or alter our mains. This includes carrying out any works incidental to any of those purposes. Service pipes are not our property and we have no record of them.

10)

A public sewer crosses this site and therefore suitable protection measures will need to be submitted to and agreed with United Utilities before work commences.

11)

As the proposal includes works which may impact the existing operational railway and in order to facilitate the above, a BAPA (Basic Asset Protection Agreement) will need to be agreed between the developer and Network Rail. The developer will be liable for all costs incurred by Network Rail in facilitating this proposal, including any railway site safety costs, possession costs, asset protection costs / presence, site visits, review and agreement of proposal documents and any buried services searches. The BAPA will be in addition to any

planning consent. The applicant / developer should liaise directly with Asset Protection to set up the BAPA. For major works / large scale developments an Asset Protection Agreement will be required with further specific requirements. [email protected] 12)

The proposal should be undertaken in accordance with the Asset Protection Outside Parties Guidance Document supplied by Network Rail in relation to asset protection measures and the railway.

----------------------------------------------------------------------------------------------IMPORTANT This decision relates solely to planning legislation, and does not grant authority under the Building Regulations, nor any other legislation that might be required. The guidance notes enclosed with this decision notice will help you to understand this decision, your rights and other things you may have to do. DATED: 18-May-2017 SIGNED: Colin Walker Development Manager Development Management

NOTES 1. This decision is not an approval under the Building Regulations, nor is it a Listed Building or Conservation Area Consent for demolition or other works, consent to display advertisements, consent to lop or fell protected Trees (unless immediately required in connection with the carrying out of the development and the Council has confirmed in writing that all conditions relating to details which affect trees have been satisfied), or authority to close/divert a public right of way. It relates to the development described. Carrying out of a different form of development could result in enforcement action. You should therefore seek advice in writing on any proposed amendment or alteration. 2. The formation or alteration of footway crossings and other highway works must be to the specification of the Council as Highway Authority. Please refer to the Highways Department at New Town House, Buttermarket Street, Warrington prior to commencement. 3. The granting of planning permission should not be taken as indicating that the requirements of legislation concerned with public health, public safety, and pollution control or food hygiene have been satisfied. Please refer to the Environmental Health Section at New Town House, Buttermarket Street, Warrington prior to commencement. 4. The opening of a place of work, premises into which the public will go or an educational facility gives rise to a legal duty to make provision for the needs of the disabled. 5. If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. 6. If this is a decision to refuse planning permission for a householder application or for a minor commercial application, if you want to appeal against your local planning authority’s decision then you must do so within 12 weeks of the date of this notice. This process does not apply to any in circumstances where an appeal against the refusal to grant listed building consent or conservation area consent is submitted at the same time as an appeal against the refusal to grant planning permission. 7. If this decision relates to the same or substantially the same land and development as is or subsequently becomes the subject of an enforcement notice, if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of this notice, or within 12 weeks in the case of a householder or minor commercial application of the date of this notice whichever period expires sooner. 8. You can appeal to the Planning Inspectorate against the decision, including any conditions imposed by the Council (your formal rights are set out below). If you wish to appeal, you should do so by writing to The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.gov.uk/pcs within 6 months of the decision date.

9. If this decision relates to the same or substantially the same land and development as is or subsequently becomes the subject of an enforcement notice, if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of this notice, or within 6 months of the date of this notice whichever period expires sooner. 10. The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order. 11. If you feel your application was not dealt with properly, you can write to The Executive Director for Economic Regeneration, Growth & Environment who will investigate in accordance with the Council’s complaints procedure.