Agenda item

APP/12/00513: From roundabout south of 1408 New Chester Road, Eastham to Pump House, Commercial Road Bromborough - Application for a new permission to replace extant planning permission 08/05472 (for the installation of 2 no. cross country parallel pipelines from roundabout at junction 4 of M53 motorway to Commercial Road, Bromborough) in order in order to extend the period of implementation by a further three years.

Minutes:

The Director of Regeneration, Housing and Planning submitted the above application for consideration.

 

On a motion by Councillor Elderton and seconded by Councillor Walsh it was:

 

Resolved (10:0) – That the application be approved subject to the following conditions;

 

1. The development to which this permission relates must be begun not later than the 19th August 2015.

 

2. No development shall take place until details of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

3. No development shall be commenced until full details of soft and hard landscaping have been submitted to and approved in writing by the Local Planning Authority.  The landscaping scheme shall detail the locations, species and heights of all existing and proposed trees, shrubs and hedge planting and all existing and proposed grassed and hard surfaced areas and any other natural or proposed features.

 

4. Any replacement trees or shrubs planted by virtue of the scheme referred to in condition 3 that are removed, dying, severely damaged or becoming seriously diseased within five years from the completion of the scheme shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted unless otherwise approved in writing by the Local Planning Authority.

 

 

5. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 3.  The works shall be carried out in accordance with a programme to be agreed with the Local Planning Authority;

 

6. Prior to the commencement of development, a full tree survey for the length of the pipeline route corridor shall be undertaken in accordance with the methodology to be submitted to and agreed in writing by the local authority. For the avoidance of doubt, the survey shall accord with BS58337:2005 and shall provide details of all existing tree species, height, girth, spread, condition and an assessment of their suitability for retention.

 

7. Prior to the commencement of development, a Method Statement shall be submitted to and agreed in writing by the Local Planning Authority for the proposed protection of retained trees within the route corridor. No works or development shall take place until a scheme for the protection of the retained trees (in accordance with section 7, BS59837, the Tree Protection Plan) has been agreed in writing with the LPA.  This scheme shall include:

 

A.  a plan to a scale and level of accuracy appropriate to the proposal that shows the position, crown spread and Root Protection Area (para. 5.2.2 of BS5837) of every retained tree on site and on neighbouring or nearby ground to the site in relation to the approved plans and particulars. The positions of all trees to be removed shall be indicated on this plan.

 

B.  a schedule of tree works for all the retained trees in paragraph (a) above, specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons.  All tree works shall be carried out in accordance with BS3998, 1989, Recommendations for tree work.

 

C.  the details and positions (shown on the plan at paragraph (a) above) of the Ground Protection Zones (section 9.3 of BS5837).

 

D.  the details and positions (shown on the plan at paragraph (a) above) of the Tree Protection Barriers (section 9.2 of BS5837), identified separately where required for different phases of construction work (e.g. demolition, construction, hard landscaping). The Tree Protection Barriers must be erected prior to each construction phase commencing and remain in place, and undamaged for the duration of that phase.  No works shall take place on the next phase until the Tree Protection Barriers are repositioned for that phase.

 

E.  the details and positions (shown on the plan at paragraph (a) above) of the Construction Exclusion Zones (section 9 of BS5837).

 

F.  the details and positions (shown on the plan at paragraph (a) above) of the underground service runs (section11.7 of BS5837).

 

G.  the details of any changes in levels or the position of any proposed excavations within 5 metres of the Root Protection Area (para. 5.2.2 of BS5837) of any retained tree, including those on neighbouring or nearby ground.

 

H.  the details of any special engineering required to accommodate the protection of retained trees (section10 of BS5837), (e.g. in connection with foundations, bridging, water features, surfacing)

 

I.  the details of the working methods to be employed for the installation of any accesses and paths within the RPAs of retained trees in accordance with the principles of "No-Dig" construction.

 

J.  the details of the working methods to be employed with regard to the access for and use of heavy, large, difficult to manoeuvre plant (including cranes and their loads, dredging machinery, concrete pumps, piling rigs, etc) on site.

 

K.  the details of the working methods to be employed with regard to site logistics and storage, including an allowance for slopes, water courses and enclosures, with particular regard to ground compaction and phytotoxicity.

 

L.  the details of the method to be employed for the stationing, use and removal of site cabins within any RPA (para. 9.2.3 of BS5837).

 

M.  the details of tree protection measures for the hard landscaping phase (sections 13 and 14 of BS5837).

 

N.  the timing of the various phases of the works or development in the context of the tree protection measures.

 

8. The following activities must not be carried out under any circumstances unless otherwise agreed in writing with the LPA:

 

a.  No fires shall be lit within 10 metres of the nearest point of the canopy of    any retained tree.

 

b. No works shall proceed within the areas identified where tree protection is required, as detailed within a scheme submitted to comply with Condition 7, until the appropriate Tree Protection Barriers have been put in place.

 

c. No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree.

 

d. No mixing of cement or use of other materials or substances shall take place within a RPA, or close enough to a RPA that seepage or displacement of those materials or substances could cause then to enter a RPA.

 

e. No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the LPA.

 

 

9. Prior to the commencement of development a Method Statement for all Aboricultural works, including replacement planting to mitigate for the loss of trees, shall be submitted to and agreed in writing by the Local Planning Authority. For the avoidance of doubt, the Statement shall include proposals for replacement tree planting at a minimum ratio of 2 trees for every 1 tree lost. For the avoidance of doubt the Statement shall include details of the tree species, maturity, and specific locations for proposed planting together with a detailed timetable for the implementation. The Statement shall outline a commitment to maintenance for a minimum period of 5 years. Replacement planting shall be undertaken in accordance with the agreed Method Statement.

 

10. Prior to the commencement all trees identified to be affected by the proposed development shall be surveyed by a bat specialist to confirm the presence or absence of bat species. For the avoidance of doubt the survey shall include:

 

·  Stage one bat survey: on ground survey of all the trees to assess the potential and suitability for roosting bats.

·  Stage two bat survey: aerial tree survey to inspect the trees found with potential on the stage one bat survey to confirm presence or absence of bat roosts.

·  Dawn and dusk bat detector surveys; these surveys will be required where presence or absence during the stage two bat survey could not be confirmed.

·  A report of the survey shall be submitted to the Local Planning Authority.

 

11. No tree felling, scrub clearance, hedgerow removal, vegetation management or ground clearance shall take place within the proposed temporary site compound at Commercial Road, Bromborough during the period 1 March to 31 August. If any vegetation clearance were to be undertaken outside of this period, vegetation shall be checked for the presence of breeding birds prior to removal of vegetation by a suitably experienced ecologist and an appropriate mitigation scheme shall be submitted to and approved writing by the LPA prior to the clearance works taking place.

 

12. Prior to the commencement of development, a detailed Bat Mitigation Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The mitigation scheme shall accord with the principles established in Natural England's guidance Bat Mitigation Guidelines (January 2004). The development hereby permitted shall be undertaken in accordance with the agreed details. For the avoidance of doubt, where tree felling is required it shall be undertaken outside the hibernation period (mid-march to October) under the supervision of a licensed bat specialist and in accordance with the felling procedure.

 

13. Prior to the commencement of development a detailed final Great Crested Newt Survey Report shall be submitted to and agreed in writing by the Local Planning Authority, in consultation with Natural England and the Environment Agency. The report shall detail a mitigation scheme to minimize direct threats to GCNs and compensate for any disturbance or loss of habitat as a result of the proposed development. The Survey Report shall include detail of the following mitigation measures:

 

·  Habitat creation, restoration or enhancement

·  Measures for the avoidance of disturbance, killing or injury

·  Long term habitat management and Maintenance

·  Post development monitoring

 

For the avoidance of doubt, proposed mitigation shall accord with the measures set out in English Nature's document Great Crested Newt Mitigation Guidelines (2001). The development shall be undertaken in accordance with the approved Report.

 

14. Prior to the commencement of development, and between the months of February and April, a pre-construction survey shall be undertaken of areas of known badger activity. The survey shall establish the presence of setts and badger paths that cross the proposed working corridor for the pipeline. If badger activity is confirmed, full details of a Method Statement for the avoidance of damage to setts or severance of regularly used paths shall be submitted to and approved by the Local Planning Authority prior to the commencement of work on site, including a timetable for the implementation of methods outlined. Development shall be carried out in accordance with the approved statement. For the avoidance of doubt, the Method Statement shall include the following measures:

 

·  Any holes or trenches left overnight are to have a means of escape provided for badgers.

·  Materials containing lime are to be stored so that they are inaccessible to badgers.

 

15. Prior to the commencement of any event, site clearance or development works on the site, a Habitat Management Plan for the application site shall be submitted to and approved in writing by the Local Planning Authority.  The developer shall undertake further ecological surveys of the site to investigate the presence of any protected species.  If the survey(s) confirms the presence of protected species that may be disturbed by the development works, or the use of the land as approved, a mitigation report to prevent disturbance of these species, including restoration measures shall be submitted with the Habitat Management Plan. No event, site clearance or development works shall take place until these mitigation and restoration measures have been agreed in writing with the Local Planning Authority. The application site shall be managed in strict accordance with the approved Habitat Management Plan unless otherwise first agreed in writing by the Local Planning Authority. The Habitat Management Plan shall include suitable avoidance measures for any protected species including Reptiles, Water Vole, Brown Hare, Barn Owls & Other Breeding Birds and the development shall proceed only in accordance with the approved Habitat Management Plan.

 

16.  Prior to the commencement of development, a Construction Environmental Management Plan (CEMP) shall be submitted to and agreed in writing by the Local Planning Authority in consultation with the Environment Agency. For the avoidance of doubt, the CEMP shall outline measures to manage those procedures outlined within Volume 2 Part 1 paragraph 15.3.1 to the submitted Environmental Statement. The development hereby permitted shall be undertaken in accordance with the agreed details.

 

 

17. Prior to the commencement of development, a Site Waste Management Plan (SWMP) shall be submitted to and agreed in writing by the Local Planning Authority. The development hereby permitted shall be undertaken in accordance with the agreed details

 

18. Before any works are undertaken, the site must be surveyed by an approved environmental consultant for the presence of Japanese Knotweed and a copy of this survey sent to the Local Planning Authority. Please note that Japanese Knotweed can be far more extensive than the visibleparts on the surface and that the underground parts of the plant may extend laterally up to 7 meters beyond this. Therefore, this survey must also note any knotweed adjoining the site. If Japanese Knotweed is confirmed, full details of a Method Statement for its eradication and/or control shall be submitted to and approved by the Local Planning Authority prior to the commencement of work on site, including a timetable for the methods outlined. Development shall be carried out in accordance with the approved schedule.

 

19. Prior to the commencement of development, a Traffic Management Plan shall be submitted to and agreed in writing by the Local Planning Authority. For the avoidance of doubt, the Traffic Management Plan shall include detail of those measures outlined in Table 11.12 of the Environmental Statement, notably full detail of the methods and standards to be adopted for highway reinstatement works; details of all proposed road or Public Right of Way closures, associated traffic, pedestrian and cyclist management measures to be implemented, and the requirement for notification of Wirral MBC Traffic Management. The development hereby permitted shall be undertaken in accordance with the agreed details.

 

20. Prior to the commencement of development, a full Pre-Construction Condition Survey shall be submitted to and agreed in writing by the Local Planning Authority, in accordance with a methodology to be agreed in writing by the Local Planning Authority. The Condition Survey shall be undertaken to inform the standard to be achieved for restoration/reinstatement works to each part of the proposed development. For the avoidance of doubt, the Condition Survey shall include all highways, public rights of way, sports facilities and playing fields, and agricultural land.

 

21. Prior to the commencement of development a desk study shall be submitted to and approved in writing by the Local Planning Authority that identifies previous site uses, potential contaminants associated with those uses, and any potentially high risk areas (as defined by the CIRIA Report 2 'Contaminated Land Risk Assessment: A Guide to Good Practice') that could arise from contamination at the site. No construction works should be undertaken in areas where the potential for high risks from contaminated land are identified until a site investigation scheme, intrusive investigation and risk assessment have been submitted to and approved in writing by the Local Planning Authority. Where required, a scheme of remediation to render the site suitable for use shall be submitted to the Local Planning Authority for approval prior to the commencement of construction works in areas where the potential for high risks from contamination are identified. A statement giving precise details of the nature and extent of any such remediation, together with certification that the site has been made suitable for its intended use, shall be submitted to and approved by the Local Planning Authority before commencement of construction works within the area identified. All operatives on site should be made aware of the health and safety implicationsfrom any contaminants present on the site prior to commencing work.

 

22. Prior to the commencement of development, the Local Planning Authority shall be notified of and agree in writing any alterations to the proposed working corridor as identified within the approved plans.

 

23. No development shall commence other than in accordance with a programme of archaeological work to be submitted to and approved in writing by the Local Planning Authority.  The approved programme of works shall subsequently be implemented and, where appropriate, completed in accordance with the approved details. The programme shall include written schemes of investigation for evaluation and watching briefs. For the avoidance of doubt, the evaluation and watching brief shall include the Bromborough-Eastham township boundary and those areas where there are no documented sites but, which have apparently been undisturbed since at least the 19th century.

 

24. Prior to the commencement of development, details of a proposed saline discharge environmental monitoring plan shall be submitted to and agreed in writing by the Local Planning Authority, in consultation with the Environment Agency. For the avoidance of doubt, the monitoring plan shall include details of measures to ensure the saline discharge does not increase background levels of salinity beyond 10 per cent of the current levels over a specified area of exceedence (490m up-stream or 470m down-stream depending on the tide), with significant exceedance within 30m of the diffuser. The plan shall include an indication of trigger levels at which, when exceeded, discharge would cease. The monitoring plan shall include the requirement to submit regular monitoring reports to the Council and Environment Agency.

 

25. Prior to the commencement of development, details of a proposed programme of monitoring of invertebrate communities on the intertidal areas of the Mersey Estuary SPA/SSSI/Ramsar site shall be submitted to and agreed in writing by the Local Authority in consultation with Natural England.  The monitoring plan shall include the requirement to submit regular monitoring reports to the Council and Natural England.

 

26. Prior to any works being undertaken within the Mersey Estuary, a detailed Method Statement for the proposed construction of the intake and discharge structures located within the Mersey Estuary shall be submitted to and agreed in writing by the Local Planning Authority in consultation with the Environment Agency and Natural England and following further analysis of estuary sediments. For the avoidance of doubt a direct piling method ('vibropiling') shall be used unless it has been demonstrated to the satisfaction of the Local Planning Authority that an alternative method would have no adverse impact upon the Mersey Estuary SPA. The development shall be implemented in accordance with the agreed Method Statement.

 

27. Piling works within the Mersey Estuary shall only to only be undertaken between the months of April and September, unless otherwise agreed in writing with the LPA

 

28. Prior to the commencement of development, a detailed Method Statement shall be submitted to and approved in writing including mitigation measures to prevent disturbance to overwintering birds during the construction of the Bromborough pumping station. The development shall be implemented in accordance with the agreed Method Statement.

 

29. Prior to the commencement of works within the Mersey Estuary, details shall be submitted to and agreed in writing by the local authority, in consultation with the Environment Agency, of fish monitoring equipment to be installed at Woolston Weir fish trap. The agreed monitoring equipment shall be installed prior to the commencement of works to the Mersey Estuary and shall be maintained for the duration of the development proposed. If at the time the works within the estuary are due to commence the fish monitoring has been installed, then a study into fish passage at the Woolston Weir shall be undertaken. The details of this study shall be agreed in writing by the Local Planning Authority, in consultation with the Environment Agency, prior to the commencement of works within the Mersey Estuary.

 

30. Construction works shall not take place outside the following working hours unless otherwise agreed in writing by the Local Planning Authority:

 

·  Monday to Friday 7.30am to 6pm; and

·  Saturdays 7.30am to 1pm

 

31. Vehicular Access to the Levershulme Sports Ground shall be maintained at all times.

 

32. Prior to commencement of the development a playing field restoration scheme for the Levenshulme Sports Ground and for Torr Park shall be submitted and approved in writing by the Local Planning Authority after consultation with Sport England. The restoration scheme shall provide details of the following:

 

a.  Existing and proposed ground levels

b.  Existing and proposed soil profiles

c.  Measures to strip, store and re-spread soils to avoid soil loss or damage

d.  Measures to dispose of/accommodate waste materials on the site

e.  Drainage measures including where appropriate under drainage

f.  Proposed seeding, feeding, weeding and cultivation measures

g.  Boundary treatment

h.  5 year aftercare and maintenance arrangements

i.  Installation of equipment (e.g. goal posts)

j.  Restoration and maintenance programme

 

For the avoidance of doubt, the works at Levenshulme shall be undertaken outside the Rugby Football season (September to April inclusive) and the works to the cricket pitch at Torr Park shall be undertaken outside the Cricket season (May to September inclusive) unless otherwise agreed in writing. The playing field shall be restored in accordance with approved scheme.

 

33. Prior to the commencement of development, a scheme for the temporary replacement provision of the existing rugby and football pitch at Leverhulme Sports fields and cricket pitch at Torr recreation ground which will be temporarily lost as a result of the proposed development, shall be submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. The scheme shall ensure that the pitches are at least as accessible and at least equivalent in terms of size, usefulness, attractiveness and quality and include a timetable for implementation to ensure that the replacement pitches are provided and available for use prior to the commencement of each phase of development relating to these specific sites. The approved scheme shall be complied with in full throughout each phase of the development relating to these two specific sites.

 

34. The existing playing fields, pitches and sports facilities at Leverhulme Sports fields and Torr recreation ground falling within the land edged red (but outside of the proposed working corridor edged green) as shown on drawing number 41514271/01/008/1501 Revision C shall not be used for access, parking, storage of vehicles, equipment or materials or in any other manner in connection with the carrying out of the development hereby permitted.

 

35. Access to the existing tennis courts and bowling green adjacent to the working corridor edged green on drawing number 41514271/01/008/1501 Revision C at Torr recreation ground shall be made available at all times during construction and restoration works in connection with this phase of the development.

 

36. Prior to the commencement of any development at Torr recreation ground, details of protective fencing to be erected around the existing cricket square adjacent to the working corridor edged green on drawing number 41514271/01/008/1501 Revision C, to include location, height, type and materials shall be submitted to and approved in writing by the Local Planning Authority. The fencing shall be erected in accordance with the approved details before the development commences in this location and thereafter retained and maintained during this particular phase of the development.

 

37. Prior to any construction works associated with the pipeline trunk road crossing (M53), a scheme of works confirming the detailed location, design, construction methods (including risk assessments) and carriageway condition monitoring for the pipeline trunk road crossings shall be submitted to and agreed in writing by the Local Planning Authority in consultation with the Highways Agency. The development shall be implemented in accordance with the approved scheme of works. For the avoidance of doubt, the scheme shall confirm that no trunk road network earthworks are placed at risk, and that no drainage from the proposed development will run off into the motorway drainage system nor adversely impact upon any motorway drainage.

 

38. Prior to any construction works associated with the pipeline trunk road crossing (M53), a remediation strategy shall be submitted to and agreed in writing by the Local Planning Authority in consultation with the Highways Agency to ensure that the pipeline presents no risk to the condition and operation of the trunk road network once the associated mining operations are completed. The development shall be implemented in accordance with the approved strategy.

 

39. The development hereby permitted shall be carried out in accordance with the approved plan received by the local planning authority on 18th April 2012 and listed as follows: 1254-01-01, April 2012, unless otherwise amended by virtue of a scheme submitted and approved in accordance with the provisions of Condition 22.

 

 

Supporting documents: