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

Lead Petitioner Keith Pritchard addressed the Committee on behalf of local residents objecting to this proposal.

Councillor A Hodson spoke in objection on behalf of the Heswall Society.

The Applicant, Michael Mansfield, addressed the Committee.

The Chair, seconded by Councillor K Hodson, moved that the application be rejected on the following grounds:

1 – The proximity of plot 1 to trees protected by a Tree Preservation Order is likely to result in pressure from future occupiers for the removal or significant pruning of these trees to secure reasonable natural light to rooms and gardens, or to remove perceived dangers to life or property, to the detriment of the health and amenity value of the trees and the wider character of the area. As such, the application is contrary to saved policies GRE1 and GR7 of the Wirral Unitary Development Plan.

2 - The proximity of plot 1 to trees protected by a Tree Preservation Order would be likely to result in a poor standard of internal and external amenity at the rear of this dwelling and within the private garden due to the sense of enclosure and shading caused by the proximity and scale of the trees and the extent of their canopies. As such, the application is contrary to saved policy HS4 of the Wirral Unitary Development Plan and paragraph 130 f) and 131 of the National Planning Policy Framework, which seeks to ensure developments create a high standard of amenity for existing and future users of land and buildings.

This was lost with 5 in favour, 7 against

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

Resolved (7:5) – that planning permission be granted with the following conditions:

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

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 (as amended).

2. The development hereby permitted shall be carried out in accordance with the approved plans received by the local planning authority on 30 June 2022 and listed as follows: 21-042-110, Rev M, 21-042-111 Rev E,21-042-112 Rev C, 21-042-113 Rev B, 21-042-120 Rev F, 21-042-123, Rev B, 21-042-121 Rev F, 21- 042-122 Rev B, 21-042-151 Rev E, 21-042-150 Rev E, 21-042-152 Rev B and 21-042-153 Rev B.

Reason: For the avoidance of doubt and to define the permission.

3. No surface water and/or land drainage shall be connected directly or indirectly to the public sewerage network.

Reason: to prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution or detriment to the environment and to comply with Policy WA1 (Development and Flood Risk).

4. The balcony screens hereby permitted shall be installed before the balconies are first bought into use. The screens shall thereafter be retained for as long as the balconies are in active use.

Reason: in the interests of the privacy of neighbouring dwellings and to comply with Policy HS14 of the Wirral UDP.

5. Prior to the occupation of the dwellings hereby approved, details of bat boxes, including their number, type and location and the timing of their installation, shall be submitted to and approved in writing by the Local Planning Authority. The bat boxes shall thereafter be installed in accordance with the approved details.

Reason: to compensate for the loss of the existing building that is considered to have moderate suitability for roosting bats and to comply with Policy NC7 of the Wirral UDP.

6. Details of external lighting for the proposed development shall be submitted to and approved in writing by the Local Planning Authority before any external lighting is installed. The lighting shall thereafter be installed only in accordance with the approved details.

Reason: in the interests of protecting bat habitats and to comply with Policy NC7 of the Wirral UDP.

7. The following reasonable avoidance measures should be put in place to ensure that there are no adverse effects on wild mammals: A pre-commencement check for wild mammals; All trenches and excavations should have a means of escape (e.g. a ramp); Any exposed open pipe systems should be capped to prevent mammals gaining access; and Appropriate storage of materials to ensure that mammals do not use them.

Reason: in the interests of protecting wild mammals and to comply with Policy NC7 of the Wirral UDP.

8. No tree felling, scrub clearance, vegetation management or building works are to 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 buildings, 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 are required to be submitted for approval.

Reason: in the interests of protecting birds and to comply with Policy NC7 of the Wirral UDP.

9. The development hereby permitted shall not be occupied until details of bird boxes to include number, type and location on an appropriately scaled plan as well as timing of installation, has been provided for approval and implemented in accordance with those details.

Reason: in the interests of protecting birds and to comply with Policy NC7 of the Wirral UDP.

10. The development hereby permitted shall be carried out only in accordance with the recommendations of the Arboricultural Method Statement and the Arboricultural Implications Assessment (dated 10 August 22 and 8 August 2022 respectively and both referenced TRE/AFHRH/Rev G).

Reason: in the interests of protecting trees on site and to comply with Policy GR7 of the Wirral UDP.

11. Prior to the commencement of site clearance, demolition, storage of plant (non-tree related), materials, machinery, including site huts and WCs, Tree Protection Barriers shall be installed immediately following tree works and Barriers shall confirm to the specification within the method statement. The Tree Protection Barriers and Ground Protection shall not be removed, breached or altered without prior written authorisation from the local planning authority or client arboriculturist, but shall remain in a functional condition throughout the entire development, until all development related machinery and materials have been removed from site. If such protection measures are damaged beyond effective functioning, then works that may compromise the protection of trees shall cease until the protection can be repaired or replaced with a specification that shall provide a similar degree of protection. The tree protection measures shall not be dismantled until all construction related machinery and materials have been removed from site and not without written authorisation from the local planning authority or client arboriculturist. Once authorisation has been given the protection measures can be removed by hand and transported off site. During which time, no machinery or vehicles shall enter the area previously protected. No excavations, storage of materials, soil stripping, the raising or lowering of levels or the laying of hard surfacing without prior approval of the arboricultural consultant and / or the local planning authority. Any issues regarding tree protection should be agreed and implemented prior to commencement of development.

Reason: in the interests of protecting trees and to comply with Policy GR7 of the Wirral UDP.

12. Before any above ground construction commences, details 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.

Reason: To ensure a satisfactory appearance to the development in the interests of visual amenity and to comply with Policy HS4 of the Wirral Unitary Development Plan.

13. Prior to first occupation of the dwellings hereby permitted, a full landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall include details of replacement tree planting on site and shall be implemented in full no later than the first planting season following first occupation. Any trees or shrubs dying within 5 years of being planted shall be replaced with an equivalent species no later than the following planting season.

Reason: In the interests of residential amenity and having regards to the Wirral Unitary Development Plan