To be circulated separately.

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

A ward Councillor addressed the meeting.

On a motion by Councillor Dave Mitchell and seconded by Councillor John Salter it was:

Resolved (11:00) – That the application be approved subject to a Section 106 legal agreement and the following conditions;

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

2. No development shall take place until samples 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 detail.

3. The new retail floorspace in the building containing the Cinema as shown on Plans Ref. 1285_URB_LC [08] 00 02 A00 and URB_SA [08] 00 03 A00 shall not exceed 5,916 sq m gross internal floorspace (including mezzanine floorspace) and may be subdivided up to a maximum of four retail units with a minimum gross internal floor space of 604 sq m at ground floor. No subsequent subdivision into smaller units shall take place thereafter.. Prior to the first occupation and use of the retail floorspace, the details of the subdivision and extent of any mezzanine floors shall be submitted to and agreed in writing by the Local Planning Authority.  The development shall be completed in accordance with the approved details before each of the units are brought into use.

4. Notwithstanding the provisions of Class A1 to the schedule of Town and Country Planning (Use Classes Order) 1987 (or any subsequent re-enactment), none of the following goods shall be sold from the retail floorspace in the building containing the Cinema as shown on Plans Ref. 1285_URB_LC [08] 00 02 A00 and URB_SA [08] 00 03 A00 (other than ancillary to the principal use of the premises for the sale of authorised goods):

(a) Food and drink for consumption off the premises;

(b) Any clothing, footwear other than specialist items relating to the carrying out of DIY and home improvements), handbags, fashion accessories, jewellery and silverware;

(c) Books, newspapers, magazine and stationery (other than specialist publications relating to the carrying out of DIY and home improvements);

(d) Crockery, glassware, china and kitchenware;

(e) Toys (excluding outside play equipment);

(f) Sports equipment and clothing (including walking and camping equipment);

(g) Camping equipment;

(h) Cosmetics, pharmaceuticals and toiletries;

(i) Videos, DVDs, CDs, audio cassettes and records (other than specialist items relating to the carrying out of DIY and home improvements);

(j) Mobile phones and other household / personal telecommunications equipment;

(k) Electrical and gas fires, gas storage heaters, irons, vacuum cleaners, sewing machines;

(l) Tobacco;

(m) Florist items;

(n) Travel agency;

(o) Soft furnishings and household textiles (other than beds and upholstered furniture with their ancillary items)

.

For the purposes on this condition, “ancillary” is defined as not exceeding 15% of net retail floor space in any one unit.

5. New unit M3 shall be constructed as a single retail unit as shown on Plans Ref. URB_SA [08] 00 03 A00 and URB M3 [08] 00 01 A00 shall not exceed 175 sq m gross internal floorspace (including any mezzanine floorspace). No subsequent subdivision into smaller retail units shall take place thereafter.

6. Notwithstanding the provisions of Class A1 to the schedule of Town and Country Planning (Use Classes Order) 1987 (or in any provision equivalent to that Class in any subsequent legislation revoking and re-enacting that order), none of the following goods shall be sold from the new retail unit M3 shown on Plan Ref: URB_SA [08] 00 03 A00other than ancillary to the principal use of the premises for the sale of authorised goods):

(a) Food and drink for consumption off the premises;

(b) Any clothing, footwear other than specialist items relating to the carrying out of DIY and home improvements), handbags, fashion accessories, jewellery and silverware;

(c) Books, newspapers, magazine and stationery (other than specialist publications relating to the carrying out of DIY and home improvements);

(d) Crockery, glassware, china and kitchenware;

(e) Toys (excluding outside play equipment);

(f) Pets and pet products;

(g) Sports equipment and clothing (including walking and camping equipment);

(h) Camping equipment;

(i) Cosmetics, pharmaceuticals and toiletries;

(j) Audio visual equipment, computers and computer games, cameras and films, watches, electrical and non-electrical musical instruments;

(k) Videos, DVDs, CDs, audio cassettes and records (other than specialist items relating to the carrying out of DIY and home improvements);

(l) Mobile phones and other household / personal telecommunications equipment;

(m) Electrical and gas fires, gas storage heaters, irons, vacuum cleaners, sewing machines;

(n) Dishwashers, electrical and gas cookers, washing machines, microwaves, refrigerators and freezers and other cooking equipment (unless sold as ancillary to the sale of kitchen units);

(o) Tobacco;

(p) Florist items;

(q) Travel agency;

(r) Soft furnishings and household textiles (other than beds and upholstered furniture with their ancillary items)

For purpose of this condition, “ancillary” is defined as not exceeding 10% of the net retail floorspace.

7. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development Order 1995, Schedule 2, Part 3, Class A and Class C (or in any provision equivalent to that Class in any subsequent legislation revoking and re-enacting that order), the new free-standing food and drink units shown on Plan Ref. URB_SA[08] 00 03 A00 shall only be used for purposes within Use Classes A3 or A5 and for no purpose in Class A1,(except for the sale of sandwiches and associated cold food for consumption off the premises under Use Class A1 (d)) and for no purpose in Use Class A2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any subsequent legislation revoking and re-enacting that order)..

8. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development Order 1995, Schedule 2, Part 3, Class A and Class C (or in any provision equivalent to that Class in any subsequent legislation revoking and re-enacting that order), the new restaurant in the building containing the cinema as shown on Plan Ref. URB_SA[08] 00 03 A00 shall only be used for purposes within Use Classes A3 and for no purpose in Class A1 and no purpose in Use Class A2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any subsequent legislation revoking and re-enacting that order)..

9. Development shall not commence until the ten pin bowl sports facility has been relocated.

10. Works for reconfiguring the cinema shall be carried out in accordance with Plan Ref: 1285_URB_LC [08] 00 02 A00 concurrently with the remainder of the development.

11. Development shall not commence until a scheme for the provision of cycle parking has been submitted to and agreed in writing by the local planning authority.  The cycle parking facility shall be erected in accordance with the approved details prior to the occupation of the development hereby approved and retained as such thereafter.

12. Full Travel Plans for each occupier shall be submitted to and approved in writing by the Local Planning Authority within 6 months of occupation. The provisions of the Travel Plan shall be implemented and operated in accordance with the programme and shall not be varied other than through agreement with the Local Planning Authority. For the avoidance of doubt a travel plan should include, but shall not be limited to:

•  Access to the site by staff

•  Information on existing transport services to the site and planned on-site facilities

•  An action plan with suggested measures for implementation for each mode along a timescale and who will be responsible for implementation

•  Travel Plan Principles including measures to promote and facilitate more sustainable transport

•  Interim targets for modal shift or split using the TRICS database for example

•  Identification of a Travel Plan co-ordinator

•  Measures to promote the Travel Plan; and

•  Mechanisms for monitoring (which include mode share and exact numbers of staff) and reviewing the Travel Plan, including the submission of an annual review and action plan to the local planning authority.

13. No development shall be commenced until full details of soft and hard landscaping around the new units 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.

14. Any trees or shrubs removed, dying, being 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.

15. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 13. The works shall be carried out in accordance with a programme to be agreed with the Local Planning Authority

16. The development authorised by this permission shall not begin until the local planning authority has approved in writing a full scheme of works for the provision of:

•  A Puffin Crossing on Welton Road, Bromborough as shown on plan No 1053 –SK–01

•  Improved crossing facilities of Caldbeck Road at it’s junction with New Chester Road for pedestrians and cyclists shown on plan No 1053 –SK–01

•  A segregated cycleway/footway access to the retail/leisure park including widening the existing pedestrian access from New Chester Road to 3metres shown on plan No 1053 –SK-01

•  Widening of the existing footway on the western side of Welton Road between the pedestrian access and the southern boundary of the western retail terrace to 3metres to provide segregated cycleway/footway shown on plan 1053-SK-01

•  A pedestrian / mobility impaired user route from Welton Road (adjacent to Boots) to the retail terrace (adjacent to Mothercare).

•  Details of loading lay by on Welton Road to be submitted and agreed in writing with Local Authority and completed prior to first occupancy including alteration to existing loading restriction traffic regulation order.

The occupation of the development shall not begin until those works are completed in accordance with the local planning authority’s approval and have been certified in writing as complete by or on behalf of the local planning authority.