The Senior Planning Officer presented the report of the Director of Regeneration and Place in relation to the above application for consideration.

Councillor A Hodson spoke against the application.

Jeremy Forsey spoke as the applicant.

In line with Standing Order 9.1, in the Council’s Constitution the Chair asked Members to indicate if they wished to continue to deal with all items on the agenda in full, dispose of them briefly or defer them.

Resolved (unanimously) –

That the meeting continue until the conclusion of the agenda.

Councillor K Hodson moved, seconded by Councillor M Jordan, that the application be refused on the following grounds:

That the proposal would result in an unneighbourly form of development due to its scale and close proximity to habitable windows within the neighbouring property 9 Pipers End. This would result in an unacceptable loss of light and overbearing impact which would have a harmful and detrimental impact upon the amenities of existing and future occupiers. The proposal is therefore considered to be contrary to the Wirral Unitary Development Plan policy HS4 and the National Planning and Policy Framework.

This was voted on and lost (4:8).

On a motion by Councillor P Stuart and seconded by Councillor J McManus, it was –

Resolved (8:4) – that planning permission be granted subject to the following conditions:

1. The development must be begun not later than the expiration of three years beginning with the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990, as amended by the Planning & Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in accordance with the following approved plans: Proposed Site Layout Ref F1528-3C rec 08.09.2022 Proposed Floor Plans Ref F1528-1 rec 06.07.2022 Proposed Elevations Ref F1528-2A rec 31.08.2022 Proposed Double garage Ref F1528-4 rec 06.07.2022 Badger Pathways V2 rec 16.08.2022

Reason: For the avoidance of doubt having regard to WMBC UDP Policy HS4 (New Housing Development) and TR9 (Requirements for Off-Street Parking)

3. The materials to be used on the external surfaces of the development (brickwork, cladding and roofing materials along with materials used in any hard surface) shall be as outlined on the following plans and documents, unless otherwise agreed in writing by the Local Planning Authority: Proposed Elevations Ref F1528-2A rec 31.08.2022

Reason: To ensure the appearance of the development is satisfactory having regard to WMBC UDP Policy HS4 (New Housing Development)

4. The two en-suite windows on the western side elevation and the en-suite and kitchen window on the eastern elevation will be of the development hereby permitted must be; a) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed, and; b) fitted with glass which has been rendered permanently obscured to Group 5 level of privacy or equivalent. Thereafter, those window(s) must be retained to this specification throughout the lifetime of the development.

Reason: To preserve the amenities of neighbouring properties, having regard to WMBC UDP Policy HS4 (New Housing Development)

5. The Badger protection measures described in Badger Pathways V2 rec 16.08.2022 shall be implemented prior to first occupation of the development herby permitted and maintained in perpetuity for the lifetime of the development. This shall include two-way opening badger gates in the location shown, a minimum of 500mm wide badger pathway in the location shown and a clearance of the garage from the side fence, in the location shown, to allow these pathways of between 0.81m and 0.98m in width.

Reason: To preserve the foraging and dispersal habits of badgers, a protected species, and having regard to WMBC UDP Policy NC7 (Species Protection).

6. No external lighting shall be used until a scheme for external lighting has been submitted in writing and approved by the Local Planning Authority.

Reason: To mitigate potential impacts to the foraging and commuting habitats of bats and having regard to WMBC UDP Policy NC7 (Species Protection).

7. The submitted landscaping plan and details described in: Proposed Site Layout Ref F1528-3C rec 08.09.2022 Shall be implemented prior to first occupation of the development hereby approved and shall be maintained for at least a period of 7 years after first occupation of the development.

Reason: In the interests of visual amenity and having regard to WBMC UDP Policy HS4 (New Housing Development).

8. Prior to the commencement of development, a Construction Environment Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The provisions of the CEMP 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. The CEMP should be accessible to site managers, all contractors and sub-contractors working on site as a simple point of reference for site environmental management systems and procedures, and should include Pollution control measures to protect the adjacent Wirral Way Local Wildlife Site and adjacent habitats, particularly trees. This should include precautionary measures in respect of breeding birds and avoidance measures for badgers, hedgehogs, amphibians and reptiles. These should incorporate any appropriate mitigation measures suggested in the submitted ecological reports in addition to those suggested below. Specific mitigation measures raised by WMBC MEAS consultation response that should be included in the CEMP include: For the protection of Badgers and Hedgehogs: A pre-commencement check for badger and hedgehog; The Installation of protective fencing to prevent badgers entering the construction area; Construction work should be limited to daylight hours to avoid disturbing badger commuting in the vicinity of the development site; All trenches and excavations should be covered or have a means of escape (e.g. a ramp); Any exposed open pipe systems should be capped to prevent mammals gaining access; Appropriate storage of materials to ensure that mammals do not use them; Chemicals or harmful materials stored on site should be kept in secure compounds away from access by animals. For the protection of Amphibians and Reptiles: Existing vegetation on the site will be gradually cut and removed under ecological supervision to encourage any amphibians / reptiles present to move away from the affected areas; The working area, together with any storage areas, will be kept clear of debris, and any stored materials will be kept off the ground on pallets so as to prevent amphibians / reptiles from seeking shelter or protection within them; and Any open excavations (e.g. foundations / footings / service trenches etc) will be covered with plywood sheeting (or similar) at the end of each working day. The edges of these sheets will be covered with a thick layer of topsoil or similar) to prevent amphibians / reptiles from seeking shelter beneath them. Any excavation must be infilled and made good to ground level with compacted stone or similar at the earliest opportunity, so as to remove any hazard to amphibians / reptiles. For the protection of breeding birds: No tree felling, scrub clearance or vegetation management should take place during the period 1 March to 31 August inclusive. If it is necessary to undertake works during the bird breeding season then all trees, scrub and vegetation are to be checked first by an appropriately experienced ecologist to ensure no breeding birds are present. If present, details of how they will be protected should be submitted for approval.

Reason: To mitigate the risk of accidental damage or pollution to the Wirral Way Local Wildlife Site that adjoins the southern boundary and to protect badgers, hedgehogs, amphibians, reptiles and breeding birds and to and comply with WMBC UDP Policy NC7 (Species Protection).

9. An ecological enhancement of 2 bird nesting boxes (including sparrow and/or swift boxes on new buildings) shall be installed prior to first occupation and retained as such thereafter.

Reason: To improve bird breeding habitat and comply with UDP Policy NC7 (Species Protection).

10. PRIOR TO COMMENCEMENT OF DEVELOPMENT, detailed drawings indicating the finished site and ground floor levels intended at the completion of the development in relation to the existing site levels and the levels of the adjoining land shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details.

Reason: To ensure that the development is satisfactorily sited and designed in relation to adjacent properties having regard to Wirral Unitary Development Plan Policy HS4.