Approval of the details of the access, appearance, landscaping, layout, and scale for the development (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced

No later than 22 years following the date of this permission, all outstanding applications shall have been submitted to the Local Planning Authority for the Approval of Reserved Matters.

All outstanding reserved matters approvals shall be implemented no later than 23 years from the date of this permission or two years from the date of the final Reserved Matters application, whichever is the later.

i.  The first reserved matters application for the first phase of development shall be submitted within 5 years of the date of this planning permission, and shall include a minimum quantum of development of 60,000 square metres of floorspace, for uses including housing (Use Class C3); office floorspace (Use Class B1); or major education, civic or cultural (Use Class D1) component of the development.  Within the 60,000 square metres there shall be a minimum of 500 dwellings (Use Class C3) and 30,000 sq m of floorspace for use as offices and (or) research and development of products and processes (Use Class B1 of the Town and Country Planning (Use Classes)(Order) 1987, or any re-classification in legislation revoking, re-enacting or modifying that Order).

This permission shall lapse unless the first Reserved Matters application is made within five years from the date of this permission.

Thereafter a quantum of development containing a minimum floorspace of 30,000 square metres for use as offices and (or) research and development of products or processes within Use Class B1 shall be commenced, in accordance with the approved details, not later than whichever is the later of the following dates:

a)  six (6) years of the date of this permission; or

b)  the expiration of two (2) years from the date of approval of the first reserved matters approved.

This permission shall lapse unless the second Reserved Matters application is made within ten years  from   the date of this permission.

ii.  A reserved matters application for the second phase of development shall be submitted within 10 years of this permission and shall include a minimum quantum of development of 50,000 square metres of floorspace, for uses including housing (Use Class C3); office floorspace (Use Class B1); or major education, civic or cultural (Use Class D1) component of the development.  Within the 50,000 square metres there shall be a minimum of 30,000 sq m of floorspace for use as offices and (or) research and development of products and processes (Use Class B1.

  The second phase of development, as approved, shall not commence until development containing a minimum of 30,000 square metres floorspace for use as offices and (or) research and development of products or processes within (Use Class B1) is complete and available for occupation.

Thereafter, the third phase and any subsequent phases of development, as approved, shall not commence until development containing a minimum of 60,000 square metres floorspace for use as offices and (or) research and development of products or processes within (Use Class B1) is complete and available for occupation in accordance with approved details.

The Development hereby approved shall be in general conformity with the dimensions shown in the approved Parameters Plans.

Prior to the submission of an application for any reserved matters  a scoping report on the need for additional and (or) updated information in relation to the following matters (herein called the Comprehensive Planning Documents) shall be submitted to and approved in writing by the Local Planning Authority:

i.  Reconciliation Masterplan (updating the Working Masterplan from the outline planning permission) and Design & Access Statement including:

a)  a report showing how the finding of an independent Design Review Panel  have been taken into account;

b)  details of the specific spatial phase of the proposals for consideration- (East Float Neighbourhood wide, quarter(s) wide or development parcel);

c)  the extent of design considerations on the scale of proposals- including layout, primary and secondary roads, pedestrian and cycle routes based on an area wide walking and cycling study scale; the overall layout of principal open spaces;

d)  the extent of landscaping and public realm works;

e)  infrastructure;

f)  the areas or components of the reserved matters application that will be subject to design coding and design briefs

g)  a detailed phasing construction programme and reconciliation trajectory for the wider East Float Neighbourhood or any Phase of the development shall include:

1.  a comparison against the ‘working trajectory’ of the Outline permission and the three main assessments periods of 2015, 2030 and 2050;

2.  an assessment (including EIA as may be necessary) of the implications of any significant departure from the Working Trajectory or most recently approved Reconciliation Trajectory;

3.  A detailed spatial phasing plan for the site or part of the site for which Reserved Matters approval is sought, together with an update of any implications for the spatial phasing of the development;

ii.  an updated Environmental Impact Assessment Scoping Report.

iii.  a detailed Sustainability Strategy setting out the objectives for each phase of the scheme including the identification of requirements and targets for each subsequent reserved matters stage.

iv.  full details of a contaminated land investigation which identifies Remediation Zones and Sub-Zones for the site, along with schedules of earthworks and soil treatment activities relevant to each zone,

v.  a housing delivery strategy assessed for compliance with the Council’s housing  Policy based on Strategic Housing Market Assessment.

vi.  an updated FrameworkTravel Plan;

vii. a Strategic Transport Assessment to include strategic studies on area-wide walking, cycling and highway mitigation works.  This shall be accompanied by a timetable for future reviews of the Strategic Scoping Study, the Monitoring Strategy, the Strategic Transport Assessment and the East Float Transport Plan. For the avoidance of doubt, the Monitoring Strategy shall include;

a)  Vehicle, cycle and pedestrian surveys of the development site and surrounding public highway,

b)  Public transport provision and use,

c)  Parking provision and use,

d)  The impact of committed development,

e)  Details of how the system of monitoring shall be implemented and maintained,

f)  Details of the monitoring equipment and how the data will be collected,

g)  Details of how the data obtained through implementation of the Monitoring Strategy shall be used to inform the Strategic Transport Assessment and the Travel Planning process, and

viii.  an East Float Transport Plan (based on the Strategic Transport Assessment) with details of transport, highway interventions and funding by the developer for future maintenance linked to a timetable of works and method for implementation. This shall include provision for (initially but not limited to) works at the following locations:

·  Wallasey Dock Link / Poulton Bridge Road / Dock Road – junction capacity improvements;

·  Gorsey Lane / Kingsway Tunnel – introduce signal control;

·  Dock Road link – widening between Poulton Bridge Road and the former grain warehouses;

·  Duke Street / Dock Road / Gorsey Lane – junction capacity improvements;

·  Duke Street link – widening to dual carriageway status, including replacement of Duke Street Bridge with a dual carriageway bridge;

·  Duke Street / Corporation Road – junction capacity improvements;

·  Dock Road / Tower Road / Birkenhead Road – junction capacity improvements including improved pedestrian and cycle routes;

·  Tower Road link – widening between Tower Wharf and Rendell Street;

·  Tower Road / Canning Street / Corporation Road / Rendell Street – junction upgrade and capacity improvements including improved pedestrian and cycle links and toucan crossing facilities;

ix.  a strategy for providing facilities for pedestrians, cycling, vehicle parking, public transport, servicing and delivery arrangements and monitoring of highway mitigation works;

x.  a detailed Port Relocation Strategy, including a timetable for implementation, detailing proposals for the methodology and arrangements to facilitate or support the relocation of existing businesses/tenants within the site to be satisfactorily relocated either within the regeneration area or to suitable alternative premises; 

xi.  a Social and Community Infrastructure Plan to address the need for:

a.  Primary school education;

b.  Secondary school education;

c.  Health centres;

d.  Community facilities;

e.  Neighbourhood Police centres; and

f.  Child Care facilities;

xii.a communications infrastructure plan showing how radio, television, broadband and telecommunications facilities and equipment will be incorporated throughout the development;

xiii.  a Sustainable Energy Plan linked to a programme of works showing:

a.  how the development will be connected to an energy supply from decentralised, low and zero carbon sources, and

b.  design solutions to ensure future occupiers can have reduced energy requirements.

The Comprehensive Planning Documents shall be updated in accordance with the approved scoping report prior to the submission of the first reserved matters application.  Thereafter, the approved Comprehensive Planning Documents shall be reviewed via further scoping reports, which are to be re-submitted to and agreed in writing by the Local Planning Authority prior to the submission of subsequent reserved matters.

Applications for reserved matters approval shall made in accordance with the approved documents with provision for critical infrastructure within the each Phase or Sub-Phase being consistent with the parameters and principles for the layout of the wider scheme.

Applications for the reserved matters for each stage of the development hereby approved shall include the following information:

(i)  a statement to demonstrate how the development will conform with the updated Environmental Statement;

(ii)  an updated Design & Access Statement based on the reconciliation masterplan setting out how the findings of an independent Design Review Panel have been taken into account;

(iii)  a detailed Reconciliation Masterplan for the Quarter(s) in accordance with the principles and parameters described and illustrated in sections 6 and 7 of the Design and Access Statement (July 2010);

(iv)  a Design Code (as identified in the approved scoping report) to demonstrate how the proposed development will relate to neighbouring sites and or quarter(s) (as defined in Chapter 8 of the Design and Access Statement, July 2010);,

(v)  a detailed Design Brief (as identified in the Parameter Plans and section 6 and 7 of the Design and Access Statement, July 2010) for development of any part of Sky City Park, the Point and Point Tower;

(vi)  An updated Economic Impact Assessment when:

a.  the overall floor space for purposes within Use Class B1 (a) Offices would exceed 75,000 square metres;

b.  the overall floor space for purposes within Use Class B1 (a) Offices would exceed 150,000 square metres;

(vii)  a scaled layout plan showing of the mix of type and size of units for uses within Use Class B1, B2 and B8;

(viii)  a housing delivery plan linked to scaled drawings (for applications involving residential development) showing:

a.  the number, size, type and tenure mix for each dwelling;

b.  the tendering/procurement stage for any social rented, shared ownership and key worker sub market rented units;

c.  the dates for the start of construction and completion;

d.  the ownership and management arrangements for each tenure of affordable housing units;

e.  the number, unit size and mix of wheelchair accessible homes and their storey, level,

f.  and the quantity and type of private residential amenity space;

(ix)  applications involving residential development shall provide for affordable housing to be delivered at a rate of 40% (or at a rate set in any future Council policy based on Strategic Housing Market Assessment when the application is determined);

(x)  the heads of terms for securing affordable housing  through a legal agreement (for applications involving residential development);

(xi)  an updated retail assessment for retail development within Use Classes A1 to A5;

(xii)  an updated heritage statement linked to scaled drawings for any development affecting the setting of listed buildings, parks and conservation areas including precise details of:

a.  the proposed granite wall and granite bollards within the site;

b.  the glazed beacon, glazed cube and the rear glazed extension,

c.  how the rough hewn stone copings from the existing boundary wall to the south of the site are to be retained and re-used within the site;

d.  how the date stone from the Tug Office and Surveyors Office is to be retained and re-used within the site;

e.  alterations to the stonework on the Hydraulic Tower;

f.  how the clock faces to be re-instated on the Hydraulic Tower;

(xiii)  a Designing Out Crime Assessment, demonstrating the measures to be incorporated to enable the development to achieve Secure by Design (or such national measure of assessment that replaces that scheme);

(xiv)  a comprehensive lighting strategy including details of all external lighting, the  beam orientation and the proposed lighting hours linked to scaled drawings and a schedule of the equipment to be used within the scheme;.

(xv)  precise details of the sustainable construction techniques, energy efficiency and renewable energy measures to be incorporated into the scheme;

(xvi)  a scheme for monitoring ground water levels;

(xvii)  precise details of scheme of works for the construction of a pedestrian refuge and associated work at the access to the development site (s);

(xviii)  precise details of a scheme of works for the removal of any section of track within the site;

(xix)  full details and samples of materials be used on all external surfaces including hard surfacing;

(xx)  proposals for monitoring of Groundwater Levels;

(xxi)  a Sustainable Water Efficiency Strategy with measures to reduce water consumption;

(xxii)  a Sustainable Urban Drainage scheme including:

a.  a timetable of implementation, and

b.  a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable urban drainage scheme throughout its lifetime;

(xxiii)  applications for landscaping shall demonstrate how the details fit with a landscape master plan which includes full details of all trees, plants and shrubs and seeded areas and new ground levels including:

a)  the specification of all plant material in accordance with the National Plant specification;

b)  the location, spacing, and mix of species

c)  details of provenance for all native species;

d)  details of plant handling, horticultural accessories and  establishment of aftercare;

e)  details of how the tree and shrub planting takes account of its contribution to lessening air flow and wind near to buildings;

f)  a scheme for green and brown roofs

g)  the layout, design and purpose of the space;

h)  the location of internal pedestrian and/or cycle routes;

i)  details of all materials to be used on external hard surfaces;

j)  the location, design or specification of any elements such as furniture, signage,

k)  lighting and other structures;

l)  Soft landscape works shall include [planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme]

m)  details of seed mixes, trees or shrubs to be planted or of vegetation to be allowed to regenerate to create semi-natural habitats in respect of Nature Parks;

n)  details of bird and bat boxes or any other artificial habitats to be installed;

o)  a wind tunnel or other assessment of pedestrian comfort

p)  details of any boundary fencing or other means of enclosure including the positions, design, materials and type of boundary treatments; and

q)  Existing and proposed finished levels or contours;

r)  car parking layouts and other vehicle and pedestrian access and circulation areas;

s)  minor artefacts and structures (e.g. furniture, play equipment, refuse or other

t)  storage units, signs, lighting etc.);

u)  proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.);

v)  retained historic landscape features and proposals for restoration, where relevant.

w)  a statement demonstrating conformity with relevant parameters and principles described in the Design & Access Statement;

x)  a detailed programme for commencing, completing and subsequent, maintenance of the scheme;

(xxiii)  landscape applications for major development shall include a scheme for Public Realm and Landscaping. The scheme shall:

·  propose as a minimum the Public Realm and Landscaping Works required to directly serve that Phase or Sub-Phase of development;

·  include an assessment of city structure infrastructure requirements arising from cumulative critical mass of the East Float development (recognising that some of the early phases of development will not be sufficiently viable to make major contributions to the city structure, and that the proportional requirement per phase is likely to increase through middle and latter phases, to allow the full city structure to be achieved by the completion of the development;

·  be presented as part of the Quarter Reconciliation Masterplan within the Design and Access Statement;

·  include a detailed programme for commencement and completion;

·  include the detailed requirements of proposed landscape/public realm

Notwithstanding the provisions of Schedule 2, Part 4, Class A of the Town & Country Planning (General Permitted Development) Order 1995 (or any legislation revoking, re-enacting or modifying that Order) full details of the siting and external design of any temporary structures/ buildings required in relation to the implementation of the development be submitted to and approved in writing by the Local Planning Authority. Any temporary structures and building shall be installed in accordance with the approved details.

No development shall commence unless and until a Code of Construction Practice has been submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, the final Code of Construction Practice & Management Plan “) should cover the following minimum requirements:

I. Site supervision;

II.  Machinery (Noise & Vibration Levels and mitigation measures, location and storage of plant, materials and fuel, access routes, access to banks etc.);

III.  Protection of areas of ecological sensitivity and importance;

IV.  Methods used for all channel and dock edge  water margin works; and

V.  Methods for the control of dust and air pollution;

VI.  Methods for the prevention of dust, dirt, debris and other deposits on the highway;

VII.  Details of security hoarding including maintenance, decorative displays and facilities for public viewing.

The approved Code and Management Plan shall be revised and be submitted for written approval from the Local Planning Authority every 3 years until construction is complete.

Construction shall be carried out strictly in accordance with the approved Code & Management Plan.

No Development shall be commenced in relation to any Phase of the Development unless and until a Demolition and Site Waste Management Planincluding a scheme for recycling/disposing of waste resulting from demolition and construction works, ,has been submitted to and approved in writing by the Local Planning Authority.

The approved Strategy and Management Plan shall be revised and be submitted for written approval from the Local Planning Authority every 3 years until construction is complete.

The development, including any related demolition works, shall thereafter only be carried out in accordance with the approved Demolition and Site Waste Management Plan.

No development shall commence until a Construction Transport Management Plan, including details of vehicle parking for site operatives and visitors, has been submitted to and approved in writing by the Local Planning Authority.

The approved Management Plan shall be revised and be submitted for written approval from the Local Planning Authority every 3 years until construction is complete.

Construction shall be carried out strictly in accordance with the approved Management Plan

Where development would trigger the requirement for a Transport Assessment/Transport Statement the following information shall be submitted to and approved in writing by the Local Planning Authority before such an application is made:

i.  a scoping study;

ii.  the proposed Transport Assessment/Transport Statement prepared in accordance with the approved scoping study.

For the avoidance of doubt, the Scoping Study and Transport Assessment/Transport Statement shall be prepared in accordance with the DfT/CLG document ‘Guidance on Transport Assessment’ or any superseding guidance.  Applications for the related development shall be made in accordance with the approved Transport Assessment/Transport Statement.

The permitted hours of construction work and/or Site Engineering and Preparation Works shall be 08.00 to 18.00 on Monday to Friday and 08.00 to 13.00 on Saturdays and no construction or Site Engineering and Preparation Works shall be carried out outside these specified permitted hours without the prior written consent of the Local Planning Authority.  No construction or Site Engineering and Preparation Works shall be carried out on Sundays or Bank Holidays without the prior written consent of the Local Planning Authority.

Noise levels at any occupied residential property due to construction or demolition or Site Engineering and Preparation Works shall not exceed 75dB LA eq (10 hour) measured at 1m from the façade of the nearest occupied property, during the hours from 08.00 to 18.00 Monday to Friday, and 75dB LA eq (5 hour) during the hours from 08.00 to 13.00 on Saturday unless such works have the prior approval of the Local Authority, under s61 of the Control of Pollution Act 1974.

Noise levels from construction work or Site Engineering and Preparation Works shall be no higher than 65dB LA eq (1 hour) and 70dB LA eq (1 minute) at any educational premises measured at 1m from the façade of the building during school hours in term time, unless such works have the prior approval of the Local Authority under s61 of the Control of Pollution Act 1974.

No development shall commence within any given Phase Sub-Phase or Plot unless and until a detailed scheme for Noise and Vibration monitoring and assessment for all proposed construction plant and processes associated with development in that Phase Sub-Phase or Plot has been submitted to and approved by the Local Planning Authority. The scheme shall include:

a) the identification of noise and vibration sensitive premises, including the Bascule Bridges at Four Bridges, to be used as the location for noise monitoring, including any arrangements proposed for amending the selected locations if new Noise and vibration sensitive premises are introduced during the construction period;

b) an assessment of any cumulative noise and vibration impacts from other planned construction works nearby that are excepted to arise concurrently;

c) the noise and vibration parameters to be measured, the frequency and duration of monitoring;

d) the arrangements for reporting the results of noise and vibration monitoring (measured noise data shall be retained and made available upon request);

e) the implementation of mitigation measures, including those set out in the CoCP;

f) Construction work shall not commence on any building until a statement has been submitted to and approved by the Local Planning Authority which conforms, or if necessary modifies, the arrangements set out in the approved scheme for noise and vibration monitoring and assessment.

Buildings in the following categories shall be designed to achieve the good internal noise standards (as per BS:8233) specified for the following Noise Sensitive Premises:

a) Residential and offices and other uses, as set out in BS8233:1999.

In each case, the most up to date version or any successor document shall be used at the time of design.  Sound levels in residential units shall be measured to demonstrate compliance with the above values within the habitable rooms or an agreed number of units by an approved acoustic consultant and submitted to and approved by the Local Planning Authority prior to the units being occupied.

Where building services, plant or other external noise sources are to be installed, the total noise level of such items shall be at least 5dB(A) below the prevailing background LA90 noise level, measured at the nearest Noise Sensitive Premises, in accordance with BS4142 or successive guidance.

No Plot Development shall begin until a scheme for protecting the proposed Plot from vibration, has been submitted for the written approval of the Local Planning Authority.  The Vibration Protection Scheme shall include such combinations of land separation, vibration control techniques and other measures, as maybe be approved by the Local Planning Authority, in the light of current guidance on vibration levels. The approved mitigation scheme shall be implemented in its entirety before any of the units are occupied.

Before development commences, upon any building to be used for any residential or other noise sensitive uses, a scheme of detailed noise mitigation measures, which demonstrate how noise standards would be met, shall be submitted for the approval in writing of the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved document.

The noise mitigation measures outlined in Section 8 of the Environmental Statement submitted with the application shall be implemented in full concurrently with the development.

No development shall commence until a scheme including a programme for monitoring air quality and dust and its assessment and control arising from the development has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

a) the identification of sensitive premises to be used as the location for air quality and dust monitoring, including any arrangements proposed for amending the selected locations if new air pollutant and dust sensitive premises are introduced;

b) the frequency and arrangements for monitoring dust and air pollutants including PM10 and Nitrogen Dioxide before, during and after the development

c) the arrangements for reporting the results of the monitoring of dust and air pollutants and the implementation of any necessary mitigation measures.

The approved scheme shall be reviewed every five years following commencement of the development and shall be re-submitted to and approved in writing by the Local Planning Authority

The scheme shall be implemented in accordance with the approved details and programme timetable.

No development shall commence until full details of all extraction and ventilation equipment has been submitted to and approved in writing by the Local Planning Authority.  The approved equipment shall be installed before the related use is commenced and shall be maintained as such thereafter.

No development shall commence until a scheme of odour control for any proposed kitchen extraction equipment in commercial premises has been submitted to and approved in writing by the Local Planning Authority  The approved odour control scheme shall be implemented before the related use is commenced and shall maintained as such thereafter.

A scheme of noise control for any external air conditioning plant to be installed on site shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of development. The approved scheme shall be implemented before the plant is brought into operation and the approved noise protection measures shall thereafter be retained.

Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), a preliminary risk assessment to deal with the risks associated with contamination of the site shall be submitted to and approved, in writing, by the Local Planning Authority.  The preliminary risk assessment shall identify:

·  all previous uses

·  potential contaminants associated with those uses

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

·  potentially unacceptable risks arising from contamination at the site.

Prior to commencement of development, a ground contamination survey shall be undertaken, taking into account any potential contaminants from all known previous uses.  Should this survey identify any such contaminants, then a scheme of remediation to render the site suitable for use shall be submitted to the Local Planning Authority for approval prior to such works being undertaken.  A statement giving precise details of the nature and extent of any such remediation, together with certification that the site has been made suitable for its intended use, shall be submitted to and approved by the Local Planning Authority before commencing any development of the site. All operatives on site should be made aware of the health and safety implications from any contaminants present on the site prior to commencing work.

Development shall not be commenced in any Phase or Sub-Phase unless and until full details and designs of the Remediation Works and Site Engineering and Preparation Works, and all Critical Infrastructure within that Phase or Sub-Phase, have been submitted to and approved in writing by the Local Planning Authority

No Development shall be commenced in any subsequent Phase, unless and until the locations of the Remediation Zones relevant to such Phase or Phases shall have been reviewed, and details of such review have been submitted to and approved in writing by the Local Planning Authority.

No Remediation Works shall take place within any Phase unless and until a Site Specific Remediation Strategy (SSRS) has been prepared and submitted for the written approval of the  Local Planning Authority for the relevant remediation zone containing that plot or sub zone. The Strategy  shall set out how the relevant Remediation Zone or Remediation Sub-Zone or (if appropriate) that Phase or Plot will be remediated to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historic environment. The SSRS shall include the following details:

a) chemical and physical criteria for soils and other infill materials to define the acceptability of material for their intended use on the site; sufficient ground investigation data to assess the risks to human health and controlled waters from potential hazards at the site associated with soil and ground water contamination or ground gases, taking into account the proposed land uses and required earthworks;

c) a source-pathway-receptor human health environmental risk assessment undertaken using the Contaminated Land Exposure Assessment methodology or successor national guidance, agreed by the Local Planning Authority as being appropriate at the time such risk assessment is undertaken;

d) an environmental risk assessment using national guidance, agreed by the Local Planning Authority, for the protection of asphyxiation and explosive risks in buildings and the health of plants used in the final development;

e) a description of any remediation works that are necessary to be undertaken in advance of, or during, the construction works to render the land suitable for its intended uses;

h) details of the proposed content of the Remediation Validation report and any monitoring to be provided (including longer-term monitoring of pollutant linkages), maintenance measures and arrangements for contingency action; and

i) a detailed programme for any remediation works, method statements, verification and validation programme and verification and validation programme and proposed environmental mitigation and monitoring measures to be employed. Each SSRS must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Remediation works shall only thereafter be undertaken in full compliance with the approved strategy and programme of works.

Remediation works shall be carried out in accordance with the relevant Site Specific Remediation Strategy for that Remediation Zone or Sub-zone. The Local Planning Authority shall be given at least two weeks written notice of an intention to commence remediation scheme works.

Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

Prior to the commencement of any dock infilling, a full investigation to establish the presence of contaminants in the dock sediment shall be produced and submitted for approval to the Local Planning Authority.  The results of the investigation should be used to define the appropriate method of sediment disposal.  Only clean and uncontaminated materials shall be used for dock infilling purposes.

No soils or infill materials shall be imported on to or reused within the site, unless they comply with approved chemical and physical acceptance criteria defined in a SSRS or otherwise previously approved in writing by the Local Planning Authority

Prior to the commencement of development in any remediation zone, or otherwise set out in the approved SSRS, a Remediation Validation Report demonstrating completion of the Remediation Works in accordance with the GRS and the relevant SSRS and the effectiveness of the Remediation Works shall be submitted to and approved in writing by the Local Planning Authority. The Remediation Validation Report shall include results of sampling and monitoring carried out in accordance with the approved verification plan, to demonstrate that the site remediation criteria have been met.  It shall also include any plan (a ‘long-term monitoring and maintenance plan’) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority.

In the event that significant ground contamination, not anticipated by the relevant SSRS, is encountered during construction, the Local Planning Authority shall be notified immediately and an assessment of proposed remediation measures shall be submitted for the written approval of the Local Planning Authority.  If the Local Planning Authority decides it necessary to protect human health and the environment and prevent contamination of controlled waters, all works shall be suspended on the relevant part of the Site and any temporary contingency works needed to minimise any risks associated with such ground contamination shall be implemented in accordance with a specification to be submitted for the written approval (as soon as possible after its discovery) of the Local Planning Authority.  The approved remediation measures shall then be implemented accordingly.

No hazardous substances, included in the schedule of Planning (Hazardous Substances) Regulation 1992, shall be used, handled or stored on site until details of such use, handling or storage of any hazardous substance have been submitted for the written approval of the Local Planning Authority and such approval in writing received by the applicant.  Such use, handling or storage shall thereafter only take place in accordance with the approved details.

Prior to the provision of any dockside walkway or part thereof, a scheme detailing the location, dimensions, content and maintenance of public information signs, detailing the operation of the dock system in the West Float, shall be submitted to and approved in writing by the Local Planning Authority.  The approved signs shall be installed prior to the first occupation of residential units on the site and maintained thereafter.

Prior to public access being provided to within 50m of the dockside, full details of life saving equipment and its location shall be submitted to and approved in writing by the Local Planning Authority. The approved life saving equipment shall be installed in accordance with approved details along the dock edges and shall be maintained thereafter.

Prior to the occupation of buildings at Northbank West and Sky City/The Point, full particulars -- and a timetable for implementation -- of the boundary relationship with the remaining operational part of the East Float, including but not limited to levels, works to improve the appearance and layout of the operational dock, management and maintenance, shall be submitted to and approved in writing by the Local Planning Authority.  The approved details shall thereafter be implemented in accordance with the agreed timetable.

No development shall be commenced until full details of a scheme of operation and management for the remaining operational part of the East Float have been submitted to and approved in writing by Local Planning Authority.  The approved scheme shall demonstrate measures and working practises for improving visual amenity and reducing the potential for nuisance to occupiers of neighbouring property caused by noise, dust, vibration, fumes and smell.

The approved scheme shall be implemented before the new buildings at Northbank West and Sky City/The Point are occupied and shall be maintained as such thereafter.

No works shall commence in relation to the construction or erection of any building structure, or crane (including any roof structures or plant) pursuant to this permission that would infringe the agreed obstacle limitation surface relating to Liverpool John Lennon Airport unless and until the full details have been submitted to and agreed in writing by the Local Planning Authority in consultation with the operator of the Airport.

No works shall commence for the installation or application of the principal materials to be used on the external surfaces of any building that, when complete, would infringe the obstacle limitation surface relating to Liverpool John Lennon Airport unless and until the full details have been submitted to and agreed in writing by the Local Planning Authority in consultation with the operator of the Airport.

No works shall commence for the Installation of any lighting structure pursuant to this permission which, when complete would infringe the obstacle limitation surface of Liverpool John Lennon Airport  unless and until the  details of those lighting structures have been approved in writing by the Local Planning Authority in consultation with the operator the  Airport.

To ensure air traffic safety and the safeguarding of Liverpool John Lennon Airport in accordance with National Planning Policy Statement PPS1: Delivering Sustainable Development and PPG13: Transport

No development shall take place in any phase of development until details of earthworks have been submitted to and approved in writing by the Local Planning Authority.  These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform . The development shall be carried out in accordance with the approved details and shall remain as such thereafter.

No development shall take place until full details of the finished floor levels for the development and the surrounding ground levels in comparison with existing ground levels within and adjoining the site, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed levels.

The Development shall not commence (including Temporary Works and Preparatory Works save and except the works required in accordance with this condition) in any given Phase or Sub Phase unless and until a pre-construction survey has been carried out in respect of that Phase or Sub Phase to identify any areas that are affected by buried or surface invasive non-native plants including but not limited to Japanese Knotweed, Giant Hogweed and Himalayan Balsam.  The survey shall be accompanied by a method statement containing measures to ensure that any soils brought to the site are free of the seeds / root / stem of any invasive plant covered under the Wildlife and Countryside Act 1981.  In the event that the survey identifies the presence of such plants, or any other proscribed noxious weeds, details of the locations and methods for their removal or long-term management/eradication with methods of working and measures that will prevent its spread during any works operations, (such as gaining access, erection of security fencing, clearance and demolition, site investigation, earthworks, mowing, trimming and other vegetation management, or soil

movement,) shall be submitted to and approved in writing by the Local Planning Authority and implemented before development commences within that Phase or Sub Phase.  Development shall only proceed in full accordance with the approved method statements.

No development shall take place until a scheme and a programme of implementation for Critical Infrastructure has been submitted to and approved in writing by the Local Planning Authority. The Critical Infrastructure shall be installed in accordance with the approved scheme and programme of implementation.

The Development shall be carried out in accordance with the Schedule of Mitigation Measures set out in the Environmental Statement as approved the Local Planning Authority.

The completed residential floor space within Use Class C3 of Town and Country Planning (Use Classes) Order 1987 (or any legislation revoking, re-enacting or modifying that Order) within the Northbank West Quarter, as identified within submitted Drawing Number GA 201 Rev 08, shall comprise a minimum 60% of the overall completed floor space within the Northbank West Quarter (excluding the provision of car parking).

All residential dwelling units commenced prior to 1st January 2016 shall achieve a Code Level 4 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 4 has been achieved.

All residential dwelling units commenced on the 1st January 2016, or thereafter shall achieve a Code Level 6 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 6 has been achieved.

The completed residential floor space within Use Class C3 of Town and Country Planning (Use Classes) Order 1987 (or any legislation revoking, re-enacting or modifying that Order),within Four Bridges, as identified within submitted Drawing Number GA 201 Rev 08, shall be ancillary to completed floor space within the Northbank West Quarter falling within other Use Classes. For the avoidance of doubt, completed residential floor space shall not exceed 15% of the overall completed floor space (excluding the provision of car parking).

Not withstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any legislation revoking, re-enacting or modifying that Order) the total gross floorspace for uses, other than those falling within Use Class C3 (dwelling houses) shall not exceed 620,757 sq m, of which:

1.  i)  Not more than 60,000 sq m gross internal area shall fall within Use Classes A1 to A5,

2.  ii)  Not more than 422,757 sq m shall fall within Use Class B1 (Business).

3.  iii)  Not more than 38,000 sq m shall fall within Use Class C1 (Hotel and conference facilities).

4.  iv)  Not more than 100,000 sq m shall fall within Use Classes D1 and D2 (culture, education, leisure, community and amenity uses).

V)  Within the total maximum floorspace, and subject to the limits set out in clauses (i) to (iv) of this condition, a maximum of 48,500 sq m shall only be subject to Part 3, Class E of the Town & Country Planning (General Permitted Development) Order 1995 for the following uses: Class B1 (office, research and development), Class A1 (retail), Class A2 (financial and professional services), Class A3 (restaurants and cafes), Class A4 (bars), Class A5 (hot food takeaways), Class C1 (hotel and conference facilities), Classes D1 and D2 (culture, education, leisure, community and amenity floorspace.

Not withstanding the provisions of Class E, Part 3 the Town & Country Planning (General Permitted Development) Order 1995 (or any legislation revoking, re-enacting or modifying that Order),  a management agreement shall be submitted to and approved in writing by the Local Planning Authority, before any remaining rights under Class E (subject to the maximum floorspace conditions) are implemented, to set out a specification and management system for ensuring that appropriate provision for the satisfactory servicing of the unit is made and that acceptable levels of amenity (including visual, noise and security) are maintained in areas where Class E is intended to be utilised up to a maximum floorspace of 48,500 square metres.  Where Class E provisions are used, the management agreement will be implemented as approved.  The implementation of the management agreement will be monitored with a record produced on any new use and the amount of floor space involved to be submitted to the Local Planning Authority in writing every three years until the Class E provisions have expired.

For the avoidance of doubt the Class E provisions will expire on the tenth anniversary of the grant of the occupation of the first unit on the development.

Not withstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any legislation revoking, re-enacting or modifying that Order) no more than 30,000 sq m gross internal area (22,800 sq m net including mezzanine floorspace) shall be used for uses falling within Class A1 (shops).

Notwithstanding the provisions of Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 and the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any legislation revoking, re-enacting or modifying those Orders), no more than 12,000 sq m gross internal area (8,400 sq m net including mezzanine floorspace) shall be used for the sale of convenience goods.

Notwithstanding the provisions of Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 and the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any legislation revoking, re-enacting or modifying those Orders), no more than 18,000 sq m gross internal area (14,400 sq m net including mezzanine floorspace) shall be used for the sale of non-food comparison goods.

Notwithstanding the provisions of Use Classes A2, A3, A4 and A5 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or any legislation revoking, re-enacting or modifying that Order), no more than 21,000 sq m gross internal area shall be used for food and drink uses.

No more than 3,000 sq m of gross internal floorspace (2,100 sq m net including mezzanine floorspace) for Use Class A1 convenience uses and 1,500 sq m of gross internal floorspace (1,200 sq m net including mezzanine floorspace) for Use Class A1 comparison uses shall be brought forward for occupation within the first phase to be developed.  If the convenience retail provision which has been approved as part of the Northbank East plot 1 development (Ref No 2009/5109.) has already been developed or is under construction at the time that a Reserved Matters application is lodged in respect to the first phase of development under this planning permission no more than 1,000 sq m gross (700 sq m net including mezzanine floorspace) of convenience retail provision shall be included in that reserved matters application.

Notwithstanding the provisions of Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 and the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any legislation revoking, re-enacting or modifying those Orders), no more than 6,000 sq m gross internal area (4.200 sq m net including mezzanine floorspace) for Use Class A1 shops for the sale of convenience goods shall be developed in any single ‘quarter’ as defined by the planning permission.

Notwithstanding the provisions of Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 and the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any legislation revoking, re-enacting or modifying those Orders), no more than 9,000 sq m gross internal area (7,200 sq m net including mezzanine floorspace) for A1 shops for the sale of comparison goods shall be developed in any single ‘quarter’ as defined by the planning permission .

Prior to the occupation of any units for purposed within Use Classes A1 (Shops), A2 (Financial & Professional Services), A3 (Restaurants and Cafes) A4 (Drinking Establishments) and A5 (Hot Food Takeaways), the operating hours shall be submitted to and agreed in writing by the Local Planning Authority.  No part of the retail floorspace approved under this application shall be occupied other than in accordance with the particulars so approved.

Notwithstanding the provisions of Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 and the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any legislation revoking, re-enacting or modifying those Orders), the following floorspace maxima shall not be exceeded so as to ensure that the retail elements of the scheme remain ancillary to housing and commercial development:

·  No more than 3,000 sq m gross internal area (2,100 sq m net including mezzanine floorspace) for Use Class A1 shops for the sale of convenience goods shall be completed and occupied unless and until the total amount of floorspace completed for residential (C3) and business (B1) uses exceeds 125,000 sq m.

·  No more than 6,000 sq m gross internal area (4,200 sq m net including mezzanine floorspace) for Use Class A1 shops for the sale of convenience goods shall be completed and occupied unless and until the total amount of floorspace completed for residential (C3) and business (B1) uses exceeds 250,000 sq m.

·  No more than 9,000 sq m gross internal area (6,300 sq m net including mezzanine floorspace) for Use Class A1 shops for the sale of convenience goods shall be completed and occupied unless and until the total amount of floorspace completed for residential (C3) and business (B1) uses exceeds 500,000 sq m.

·  No more than 3,000 sq m gross internal area (2,100 sq m net including mezzanine floorspace) for Use Class A1 shops for the sale of comparison goods shall be completed and occupied unless and until the total amount of floorspace completed for residential (C3) and business (B1) uses exceeds 125,000 sq m.

·  No more than 6,000 sq m gross internal area (4,800 sq m net including mezzanine floorspace) for Use Class A1 shops for the sale of comparison goods shall be completed and occupied unless and until the total amount of floorspace completed for residential (C3) and business (B1) uses exceeds 250,000 sq m.

·  No more than 12,000 sq m gross internal area (9,600 sq m net including mezzanine floorspace) for Use Class A1 shops for the sale of comparison goods shall be completed and occupied unless and until the total amount of floorspace completed for residential (C3) and business (B1) uses exceeds 500,000 sq m.

·  No more than 15,000 sq m gross internal area (12,000 sq m net including mezzanine floorspace) for Use Class A1 shops for the sale of comparison goods shall be completed and occupied unless and until the total amount of floorspace completed for residential (C3) and business (B1) uses exceeds 750,000 sq m.

·  No more than 6,000 sq m gross internal area (including mezzanine floorspace) for Use Classes A2-A5 shall be completed and occupied unless and until the total amount of floorspace completed for residential (C3) and business (B1) uses exceeds 125,000 sq m.

·  No more than 12,000 sq m gross internal area (including mezzanine floorspace) for Use Classes A2-A5 shall be completed and occupied unless and until the total amount of floorspace completed for residential (C3) and business (B1) uses exceeds 250,000 sq m.

·  No more than 21,000 sq m gross internal area (including mezzanine floorspace) for Use Classes A2-A5 shall be completed and occupied unless and until the total amount of floorspace completed for residential (C3) and business (B1) uses exceeds 500,000 sq m.

·  No more than 27,000 sq m gross internal area (including mezzanine floorspace) for Use Classes A2-A5 shall be completed and occupied unless and until the total amount of floorspace completed for residential (C3) and business (B1) uses exceeds 750,000 sq m.

The gross internal area (including any mezzanine floorspace) of any unit proposed to be occupied as a Use Classes A1 to A5 use shall not exceed 500 sq m; except that a maximum of two units of up to 2,500 sq m gross internal area shall also be permitted (subject to phasing).

(a)  No more than 75,000 sq m of office floorspace on the site within Use Class B1 (a) of the Town & Country Planning Use Classes Order 1987 (or any subsequent re-enactment) shall be occupied before 31st December 2017 unless the following tests are met:

i.  That at least 90% of the completed floorspace has been occupied since the date of first use where occupiers are new start businesses, or expanding businesses including those relocating to Wirral Waters directly from premises outside Liverpool City Centre, as defined by Picture 20 in the Liverpool City Council Preferred Options report January 2010) or businesses who have taken occupation of the floorspace in addition to their existing office floorspace within Liverpool City Centre.

ii.  Any office development exceeding 75,000 sq m shall not be commenced if more than 15% of the total B1 (a) floorspace granted permission under this outline permission is vacant.

(b)  Within the overall figure of 75,000 sq m referred to in condition (a) no works shall commence on any building which comprises of more than 5,000 sq m (net) of B1 (a) office floorspace unless and until a scheme has been submitted to and approved in writing by Local Planning Authority showing that at least 40% of that floorspace has been pre-let..  The agreed scheme shall be implemented in full.

Within the overall figure of 75,000 sq m referred to in condition 78 no works shall commence on any building which comprises of more than 5,000 sq m (net) of B1 (a) office floorspace unless and until a scheme has been submitted to and approved in writing by Local Planning Authority showing that at least 40% of that floorspace has been pre-let.  The agreed scheme shall be implemented in full.

Within each quarter, the following shall apply:

(i)  Northbank West, a minimum of 60% of the completed floorspace of the quarter, excluding car parking, shall fall within Use Class C3 (Residential);

(ii)  Marina View, a minimum of 60% of the completed podium level development (excluding the tower elements and car parking) shall provide for education, health, community, police and child care facilities.

(iii)  Four Bridges will not contain any residential development Use Class C3 unless it is minor and ancillary to other dominant uses; and

(iv)  The Point will be reserved for leisure/cultural Use Class D2 only.

No development shall be commenced until details (including a specification and programme) of a private foul and surface water network and treatment system have been submitted to and approved by the Local Planning Authority, unless agreement has been reached over a public foul and surface water network and treatment system with the Local Planning Authority, in consultation with the statutory undertaker.  The details shall be implemented as approved.

The details shall demonstrate that the phased development will be served by a foul and surface water network and treatment system that will perform satisfactorily when subjected to the foul and surface water discharge generated by the development.

All drainage, construction methods and waste disposal methods shall be carried out such that no pollution enters the dock water or River Mersey where pollution could contaminate the nearby Mersey Narrows SSSI and Mersey Estuary RAMSAR site

No development shall take place until a scheme with a programme for the provision and management of habitat creation, including the creation of wetland areahas been submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented in accordance with the agreed programme timetable and shall be maintained as such thereafter.

The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) (April 2010, Report No 11171217-IF1, Revision Final v3, WSP Development and Transportation) and the following specific measures detailed within the FRA:

1.  Detailed design of flood protection and mitigation measures are to be proposed through the submission of additional Flood Risk Assessments as part of reserved matters applications for individual phases of development on the site.  Each Flood Risk Assessment will be subject to the need to comply with the planning guidance requirements in use at the time of each individual submission.

2.  The surface water drainage design for the overall development shall be designed to ensure that there is no flooding onsite or elsewhere including allowances for future climate change

No residential accommodation shall be provided at ground floor level in any part of the site which is within Flood Risk Zone 3 as shown on the Environment Agency’s Flood Map unless compliance with the PPS25 “exceptions test” (or any successor guidance on flood risk matters) has been demonstrated through a detailed assessment report prepared in consultation with the Environment Agency.

No development shall take place until a scheme of archaeological investigation with a programme of a work has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in accordance with the agreed timetable in the programme of work.

Full details of any Close Circuit Television Systems (CCTV) shall be submitted to and approved in writing by the Local Planning Authority prior to installation.  CCTV cameras shall only thereafter be installed in accordance with the approved details.

No development shall commence until a scheme setting out a detailed methodology for the protection of the hydraulic engine house, tower, historic surfacing materials and quayside artefacts during the construction phase has been submitted to and approved in writing by the Local Planning Authority.

The development shall be implemented in accordance with the approved scheme.

The development shall be carried out in accordance with the revised parameter plans and as described in the revised development specification (as detailed within Section 8 of the Design and Access Statement) dated July 2010 comprising:

·  The supporting written principles in Section 8 of The Design and Access Statement (July 2010);

Revised East Float Neighbourhood Parameter Plans (July 2010):

·  Dwg No: Quarter Boundaries (GA) 201 Rev: P08

·  Dwg No: Landscape and Public Realm (SK)1016 Rev: P10

·  Dwg No: Ground Level (SK)1020 Rev: P02

·  Dwg No: Upper Level Minimum (SK) 1024 Rev: P01

·  Dwg No: Scale and Massing (SK) 1021 Rev: P02

·  Dwg No: Movement and Connections (Ground Plane) (SK) 1017 Rev: P08

·  Dwg No: Movement and Connections (Underground/dock) (SK) 1018 Rev: P05

Revised Quarter Application Plans (July 2010)

Sky City

·  Ground Floor – ASK-001 Rev B

·  Upper Floors – ASK-002 Rev B

·  Movement and Connections – ASK-003 Rev B

·  Scale and Massing – ASK-004 Rev A

Vittoria Studios

·  Ground Level – 1752-A-SK-001-B

·  Upper Levels - 1752-A-SK-002-B

·  Movement and Connections - 1752-A-SK-003-B

·  Scale and Massing - 1752-A-SK-004-B

Four Bridges

·  Ground Level – FBR–001-B

·  Upper Level - FBR–002-B

·  Movement and Connections - FBR–003-C

·  Scale and Massing - FBR–004-B

Northbank West

·  Ground Level – 00_201 Rev D

·  Upper Level - 00_202 Rev D

·  Movement and Connections - 00_203 Rev D

·  Scale and Massing - 00_204 Rev D

The maximum heights of buildings across the site shall correspond to and not exceed the maximum height of 226 metres AOD.  Reserved matters applications for individual buildings shall be accompanied by an existing site survey and elevations indicating the finished floor levels and roof level of the finished building for approval by the Local Planning Authority.

No development shall take place until full details of a scheme to assess the site for unexploded ordnance with remedial measures have been submitted to and approved in writing by the Local Planning Authority.

Development shall only take place in accordance with the approved scheme.

No development shall take place until full details of a scheme to prevent the risk of bird strike has been submitted to and approved in writing by the Local Planning Authority.

Development shall only take place in accordance with the approved scheme.

Notwithstanding the details of the bat and bird survey carried out as part of the Habitat Survey dated May 2010, prior to the commencement of any development; demolition of any building or felling of any tree within the site, a further full detailed survey of all bat roosts and active bird nests within the site shall be carried out by a suitably qualified ecologist and the survey report shall be submitted to and approved in writing by the Local Planning Authority.  The survey report shall include appropriate mitigation measures, which shall be implemented prior to the commencement of development unless otherwise agreed in writing by the Local Planning Authority.

Prior to the commencement of each phase of development, details of emergency arrangements to ensure safe evacuation of the area to be developed within that phase shall be submitted to and agreed by the Local Planning Authority in writing. The approved procedures should include the evacuation of vulnerable people and visitors who are not used to their surroundings and should include for language barriers.

All transport works and highway interventions shall be completed in accordance with the detailed programme of works identified in the approved East Float Transport Plan.