The Director of Technical Services submitted the above application for consideration.

On a motion by Councillor Redfern and seconded by Councillor Mitchell it was:

Resolved (11:0) - 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  The development hereby permitted shall not be commenced until such time as a scheme to improve the existing surface water disposal system has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved detail

3  The development hereby permitted shall not be commenced until such time as a datum for measuring land levels has been submitted to and agreed in writing by the Local Planning Authority. Full details of existing and proposed ground levels and proposed finished floor levels shall be taken from that datum, notwithstanding any such detail shown on previously submitted plans. The development shall be carried out in accordance with the approved details and retained as such thereafter.

4  Notwithstanding the details submitted, the development authorised by this permission shall not be commenced until the Local Planning Authority has approved in writing a full scheme of works to provide vehicle access from the highway into the development site, including:

·  Alterations to the signalised junction of Hoylake Road / Reeds Lane / Fender Lane including pedestrian arrangements, cycle infrastructure and all necessary pedestrian guardrails, road markings and Traffic Regulation Orders;

·  A full scheme of traffic signal control for the site access including phasing arrangements;

·  Removal and reinstatement of existing vehicle accesses rendered obsolete by the development;

·  Relocation of the existing Speed Enforcement Camera and associated markings on Hoylake Road to an agreed location;

·  Relocation of the bus stop, and associated shelter and road marking on the south side of Hoylake Road fronting the development site, to a location to be agreed in writing by Merseytravel, to the appropriate standard.

The occupation or use of any part of the development shall not begin until those works have been completed in accordance with the Local Planning Authorities’ approval and have been certified in writing as complete on behalf of the Local Planning Authority.

5  Notwithstanding the details submitted, the development authorised by this permission shall not be commenced until the Local Planning Authority has approved in writing a full scheme of works to improve kerb radius to the east side of Stavordale Road at its junction with Hoylake Road, including:

·  Retention of a minimum footway width of 2 metres at the radius;

·  All necessary tactile paving and dropped kerbs at the pedestrian crossing points on both sides of the junction;

·  All necessary road markings and traffic signs;

The occupation or use of any part of the development shall not begin until those works have been completed in accordance with the Local Planning Authorities’ approval and have been certified in writing as complete on behalf of the Local Planning Authority.

6  Notwithstanding the details submitted, the development authorised by this permission shall not be commenced until the Local Planning Authority has approved in writing a full scheme of works to provide direct cycle access between the development site and Stavordale Road, including all signing, road markings, and Traffic Regulation Orders necessary. The occupation or use of any part of the development shall not begin until those works have been completed in accordance with the Local Planning Authorities’ approval and have been certified in writing as complete on behalf of the Local Planning Authority.

7  Notwithstanding the details submitted, the development authorised by this permission shall not be commenced until the Local Planning Authority has approved in writing a full scheme of works to provide direct cycle access between the development site and Hoylake Road, including all signing, road markings, and Traffic Regulation Orders necessary. The occupation or use of any part of the development shall not begin until those works have been completed in accordance with the Local Planning Authorities’ approval and have been certified in writing as complete on behalf of the Local Planning Authority.

8  The development shall be implemented in accordance with the commitments contained within the submitted Framework Travel Plan (reference 782-01-02a dated 28th October 2009).

9  A Full Travel Plan shall be submitted to and approved in writing by the Local Planning Authority within 6 months of occupation of the development hereby approved. 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:

·  A commitment to the principals outlined in the Framework Travel Plan (reference 782-01-02a dated 28th October 2009);

·  Any changes to the existing transport services to the site;

·  Results of the initial staff travel survey;

·  Details of visitor travel patterns;

·  Revised targets for modal shift or split based upon the travel survey;

·  Identification of a Travel Plan co-ordinator;

·  An action plan of measures with a timescale for implementation;

·  Detail of measures and resource allocation 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.

10  Notwithstanding the submitted details, the development authorised by this permission shall not begin until the Local Planning Authority has approved in writing the details of a cycle parking scheme. The occupation of any part of the development shall not begin until those works have been completed in accordance with the approved details.

11  The premises shall be closed between 20.00 hours and 08.00 hours Monday to Saturday, and between 17.00 hours and 10.00 hours on Sundays and Bank Holidays.

12  All deliveries and servicing of the premises shall only take place between the hours of 07.00 and 22.00 Monday to Saturday. On Sundays and Bank Holidays, deliveries and servicing of the premises shall only take place between the hours of 09.00 and 17.00.

13  Commercial waste collection shall only take place between the hours of 08.00 and 21.00, and shall be carried out within the service area south of the store as indicated in approved drawing 0180NES100 Rev K, dated 18th February 2010.

14  Deliveries to the store shall be carried out in strict accordance with the Aldi Stores Ltd. letter submitted 23rd March 2010 and Servicing Regime Statement received by the Local Planning Authority 7th April 2010. For the avoidance of doubt servicing shall be undertaken in accordance with the following unless otherwise agreed in writing by the Local Planning Authority:

·  All loading and unloading shall take place internally within a delivery vehicle ‘docked’ within the enclosed service bay canopy;

·  No waste, products or pallets shall be stored externally;

·  Prior to entering the store site or car park, all refrigeration plant and reverse sounder units shall be switched off and deactivated.

15  A scheme of works to be submitted to and agreed in writing by the Local Planning Authority showing details of all mechanical extraction/ventilation units, air conditioning units, chillers and cooler systems. The scheme should include the sound power levels for each piece of equipment. All works to be completed in accordance with the approved scheme prior to the commencement of business.

16  Notwithstanding the submitted details, and having regard to the submitted Design Out Crime Advice, the development authorised by this permission shall not begin until the Local Planning Authority has approved in writing the details of measures to be incorporated for the prevention of crime. The detail shall include the following measures:

·  ANPR and CCTV cameras to be installed to the building and car park;

·  Roller shuttering to be installed to glazed areas;

·  A grade 2/3 European Standard alarm with grade 4 signalling system (Duel Comm).

The development shall be implemented in accordance with the approved details, and retained as such thereafter.

17  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.

18  The remainder of the undeveloped land within the curtilage of the site shall be suitably landscaped in accordance with a scheme to be submitted to and approved by the Local Planning Authority prior to commencement of any demolition/construction work on the site. Such landscaping work shall be completed prior to the first use of the the building hereby permitted and thereafter maintained to the satisfaction of the Local Planning Authority. Any trees and shrubs planted in accordance with the landscaping scheme which, within 5 years of planting are removed, dying, seriously damaged or become diseased shall be replaced to the satisfaction of the Local Planning Authority, by trees and shrubs of similar species.

19  Details of all fencing, walls, gateways and means of enclosure shall be submitted to and approved by the Local Planning Authority before the development hereby approved is completed and the work shall be carried out prior to first use in accordance with the details so approved, and subsequently maintained to the satisfaction of the Local Planning Authority.

20  All existing trees which are not directly affected by the building(s) and works hereby approved shall be clearly located and described in the required landscaping scheme. Such trees shall be retained and shall not be lopped, topped, felled, pruned, have their roots severed or be uprooted without prior approval of the Local Planning Authority.  Any such tree which subsequently dies, becomes seriously diseased or has to be removed as a result of carrying out this development shall be replaced with a tree of a species and size and in such position, as the Local Planning Authority may require, in conjunction with the general landscaping required herein.

21  Prior to the commencement of demolition/construction the trees to be retained on the site shall be protected by chestnut paling fences 1.5 metres high erected to the full extent of their canopies or such lesser extent as may be approved by the Local Planning Authority, the fencing to be removed only when the development (including pipelines and other underground works) has been completed; the enclosed areas shall at all times be kept clear of excavated soil, materials, contractors' plant and machinery.

22  Prior to the commencement of development approved by this planning permission the following components of a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved, in writing by the Local Planning Authority:

1) A preliminary risk assessment which has identified:

·  All previous uses

·  Potential contaminants associated with those uses

·  A conceptual model of the site indicating sources, pathways and receptors

·  Potentially unacceptable risk arising from contamination at the site

2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site

3) The site investigation results and the detailed risk assessment (2) and, based on remediation measures required and how they are to be undertaken

4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements

for long-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved.

23  No development shall commence until details of the proposed measures to be incorporated within the building to achieve 10% of the predicted energy requirements of the site from renewable sources have been submitted to and agreed in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and operated as such thereafter.

24  Not withstanding the provisions of the Town and Country Planning (General Development Procedure) Order 1995 (or any subsequent re-enactment) there shall be no creation of additional floor space, including any mezzanine floor space, within the building hereby permitted as shown on the approved plans. The retail unit shall have gross internal floor space no greater than 1,342m2 with a net trading area no greater than 900m2, as shown in the approved drawings. Sub division of the unit to form smaller retail outlets is not permitted.

25  Notwithstanding the provisions of Class A1 of the schedule to the Town and Country Planning (Use Classes Order) 1987 (or any subsequent re-enactment), only convenience goods (other than those ancillary to the principal use of the premise) shall be sold from the premises hereby approved.

26  The development shall be implemented in accordance with the approved plans, drawing numbers: 180NES 100K; 180NES 102C; 180NES 103G; 180NES 105E; 180NES 106E; 180NES 110B; VLO180 101D, and; 2240/G/102.