The Director of Regeneration and Place submitted the above application for consideration.

The Lead Petitioner addressed the Committee.

The Lead Principal Lawyer (Regeneration, Planning and Property), read out a statement submitted by a resident.

A representative of the Applicant addressed the Committee.

On a motion by the Chair and seconded by Councillor Steve Foulkes it was –

Resolved (5:2) – that the application be approved subject to the following conditions.

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

2. The development shall be carried out in accordance with the submitted flood risk statement (ref: October 2018/60581996 Revision 1/AECOM Ltd) and the following mitigation measures it details: construction of tidal flood protection wall approximately 1.2m height, the works are designed to remain operational in times of flood, will not result in any net loss of fluvial flood storage, nor increase flood risk elsewhere. These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/ phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

3. No development shall commence until the final sustainable drainage strategy for the management and disposal of surface water from the site in accordance with Defra’s Non-statutory technical standards for sustainable drainage systems and the principles identified in the following submission has been submitted to and approved in writing by the Local Planning Authority, in consultation with the Lead Local Flood Authority:

West Kirby Flood Alleviation Scheme - Surface Water Flood Risk Assessment (11 January 2021/ Ref: 33/2002/02/ CEUK)

4. Construction of the development shall not begin until full details of the highway works and/or amendment of the existing highway made necessary by this development has been submitted to and agreed in writing with the Local Planning Authority. The approved works shall be completed in accordance with the LPA written approval.

5. No works shall take place on the site at all until a method statement comprehensively detailing the phasing and logistics of demolition/construction has been submitted to and approved in writing by the Council as Local Planning Authority.

The method statement shall include, but not be limited to:

 Construction traffic routes, including provision for access to the site /exit from the site for visitors/contractors/deliveries

 Any Temporary Traffic Regulation Orders that may be required to accommodate the provision of safe access/egress from the site for site vehicles and deliveries

 Schedule for large vehicles delivering/exporting materials to and from site

 Storage of materials and large/heavy vehicles/machinery on site

 Location of directional signage within the site

 Siting of temporary containers

 Parking for contractors, site operatives and visitors

 Identification of working space and extent of areas to be temporarily enclosed and secured during each phase of construction

 Measures to control noise and dust/street sweeping/street cleansing/wheel wash facilities

 Details for the recycling/disposing of waste resulting from demolition and construction works

Hours of working

Phasing of works including start/finish dates

The development shall be carried out in accordance with the approved plan, unless otherwise agreed in writing with the Council as Local Planning Authority.

6. The timing of the works shall comply with the details contained within the construction schedule of works unless otherwise agreed. Specifically, the main construction period for the coastal defence is to be during the period of April to September. Specific high disturbance works must only be undertaken during the period of April to September inclusive unless previously agreed in writing by the Local Planning Authority.

7. Prior to commencement of works a Construction Environmental Management Plan is shall be submitted to and agreed in writing with the Local Planning Authority. and shall include:

i. Details of mitigation measures to be implemented to prevent noise and visual disturbance to birds during the works as set out within the HRA;

ii. Details of where, how and when Heras acoustic barriers would be employed based on table 22 of the HRA.

ii. Pollution prevention measures.

The approved scheme shall be implemented in full to the satisfaction of the Local Planning Authority.

8. Prior to commencement of works submission of a bird monitoring method statement shall be submitted to and Agreed in writing by the Local Planning Authority and shall include:

i. Details of the frequency and duration of bird monitoring visits;

ii. Details of bird behavioural trigger thresholds which would require action and mitigation;

iii. Details of action or potential action options should disturbance thresholds be triggered.

iv. Details of reporting of construction bird monitoring to the Council and Natural England

v. Post development monitoring method statement of bird numbers at the Old Bath site roost for a two year period for agreement with the Council and Natural England and its  subsequent implementation.

vi. Details of the required Ecological Clerk of Works who will be responsible for the undertaking of bird monitoring and ensuring appropriate mitigation measures are in place.

Details of the approved scheme shall be implemented in full to the satisfaction of the Local Planning Authority.

9. Prior to the commencement of development details of the proposed information boards shall be installed at the Old Bath site to help raise public awareness about the abundant wildlife present in the area and especially the use of West Kirby Beach and Marine Lake by nationally and internationally important numbers of seabirds and waders shall be submitted to and agreed in writing with the Local Planning Authority. The approved boards shall be installed within 2 months of the completion of the development and retained and maintained thereafter.

10.  No development shall take place until a Site Waste Management Plan, confirming how demolition and construction waste will be recovered and re-used on the site or at other sites, has been submitted to and approved in writing by the Local Planning Authority.  The approved Plan shall be implemented in full unless otherwise agreed in writing with the Local Planning Authority.

11. Before any construction commences, samples of the materials to be used in the external construction of this development shall be submitted to and approved in writing by the Local Planning Authority. The approved materials shall then be used in the construction of the development.

12. Prior to the commencement of development a Construction Management Plan shall be submitted to and approved in writing by the Local Planning Authority.  The provisions of the Construction Management Plan shall be implemented in full during the period of construction and shall not be varied unless otherwise agreed in writing with the Local Planning Authority.

13. Details if the proposed lighting shall be submitted to and agreed in writing with the Local Planning Authority. The approved scheme shall be implemented in full to the satisfaction of the Local Planning Authority.