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Agenda item

Application A - Cleveleys Promenade Thornton-Cleveleys Lancashire (20/01221/FULMAJ)

Construction of a coastal defence revetment system and improvements to seawall, and creation of site compound at Jubilee Gardens Public Park in association with the construction works

 

Minutes:

The application was brought before the committee for determination at the request of Councillor Fail.

 

A site visit took place to enable Members to understand the proposal beyond the plans submitted and the photos taken by the Case Officer.

 

An update sheet with additional information was published on the council’s

website, this information only having become available after the original

agenda was published. The committee considered the update sheet, which

contained information on amended plans to the proposed traffic route, an additional consultee response and amendments to conditions 2, 4 and 5.

 

In addition, the Development Manager provided a verbal update to members explaining that they had received an additional site compound plan subsequent to the publication of the update sheet. This additional site compound plan included information on a dedicated haul road for the transportation of the rocks from the site compound to the beach, the removal of the play park, mesh fencing to be constructed on the car park and hoarding to be constructed around the rocks storage area.

 

Janet Brook, the Chair of the Friends of Jubilee Gardens group, addressed the committee in objection to the application.

 

Before addressing the committee, Rob Fail, Wyre Councillor for Jubilee ward, declared a non-pecuniary interest in his capacity as a member of the Friends of Jubilee Gardens group, even though he was speaking as ward councillor. He considered that the interest may give rise to a perception of a conflict of interest, therefore he left the meeting while voting took place. Councillor Fail explained to members his objections to the application.

 

Carl Green, Head of Engineering Services, at Wyre Council spoke as the applicant in support of the application and responded to questions of clarification from members.

 

Members raised concerns over the short-term loss of Jubilee Gardens, restoration of Jubilee Gardens once the work had been completed and the impact of the lorry vehicles transporting the rocks.

 

Following discussions, it was proposed by Councillor Moon, seconded by

Councillor I Amos, and a decision was taken that the application be approved, as per the recommendation, under the provisions of the Town and

Country Planning Act 1990, subject to the following conditions. It was also agreed that the Head of Engineering Services, Carl Green, would ask the lorry drivers transporting the rocks to travel at a speed limit of 20mph as good practice.

 

Conditions:

 

1.         The development must be begun before the expiration of three years beginning with the date of this permission. Reason: This condition is required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.         The development shall be carried out, except where modified by the conditions to this permission, in accordance with the Planning Application received by the Local Planning Authority on 25.11.2020 including the following plans/documents:

 

- Drawing No. WBMS/PL/02 Phase 1 Works and Site Compound Details (received 12th January 2021)

- Drawing No. WBMS/FEAS/02/OPT2 REV A Existing Cross Sections Showing Proposed Toe Protection as the OBC with crest reduced by 1 rock (received 1st June 2021)

- Drawing No. WBMS/FEAS/01 Level Survey and Cross Section Location (received 25th November 2020)

- Drawing No. Wyre Beach ILP2 Revision P01.4 (received 6th May 2021)

- Drawing No. CRMMS026 – 001 Rev P1 Compound and Storage (received 2nd June 2021)

 

The development shall be retained hereafter in accordance with this detail.

 

Reason: For the avoidance of doubt and so that the Local Planning Authority shall be satisfied as to the details.

 

3.           Prior to the commencement of development, including any demolition works, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall include and specify the provision to be made for the following:

             

(a)         dust and dirt mitigation measures during the construction period; complaint management and arrangements for liaison with the Council's Environmental Protection Team

 

(b)         control of noise and vibration emanating from the site during the construction period; complaint management and arrangements for liaison with the Council's Environmental Protection Team

             

(c)          measures to ensure that construction and delivery vehicles do not impede access to adjoining properties

             

(d)         contractors' compounds and other storage arrangements, including any storage / compound arrangements which may be required outside of the Jubilee Gardens site along the construction route

             

(e)         provision for all site operatives, visitors and construction loading, off-loading, parking and turning within the site during the construction period

             

(f)          arrangements during the construction period to minimise the deposit of mud and other similar debris on the adjacent highways (e.g. wheel washing facilities)

             

(g)         external lighting of the site during the construction period

             

(h)         erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

             

(i)           recycling / disposing of waste resulting from construction work

             

(j)           measures to protect watercourses against spillage incidents and pollution

             

The construction of the development including any demolition works shall be carried out in accordance with the approved CEMP.

             

Reason: Such details were not submitted with the application and need to be in place throughout the demolition / construction period in the interests of the amenities of surrounding residents, to maintain the operation and safety of the local highway network, to minimise the risk of pollution and to safeguard the character and appearance of the area in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

 

4.         The traffic route for all construction vehicles, including vehicles carrying plant and materials to and from the site compound, shall take place in accordance with the traffic routes shown on Drawing No WBMS/PL/01 Rev A, with one way traffic only along Thornton Gate onto Rossall Road, at all times during the course of the works.

 

Reason: For the avoidance of doubt, to ensure that traffic associated with the construction of the development does not impede traffic flow in the area, and in order to ensure that the integrity of the local highway network is maintained in the interests of road safety in accordance with Policy CDMP6 of the Adopted Wyre Borough Local Plan (2011-31).

 

5.         The site offices and welfare facilities shall not brought into first use until a connection to mains foul and surface water drainage is in place, or in the event this is not achievable, until an alternative drainage scheme (i.e. a drainage tank) has been submitted to and approved in writing by the Local Planning Authority and this approved scheme is then in place. Thereafter the agreed scheme shall be retained, managed and maintained in accordance with the approved details for the duration of the site offices and welfare facilities being in use.

 

Reason: To promote sustainable development using appropriate drainage systems, ensure a safe form of development that poses no unacceptable risk of pollution to water resources or human health, and to prevent an undue increase in surface water run-off to reduce the risk of flooding in accordance with Policies CDMP2 and CDMP3 of the Wyre Local Plan (2011-31) and the National Planning Policy Framework.

 

 

6.           The working hours for the construction of the development hereby approved shall be restricted to 8.00am to 18.00pm Monday - Friday and 8.30am to 13.30pm Saturdays, with no work to take place on Sundays and Bank/Public Holidays.

             

Should any works be required to take place outside of these permitted hours both the Local Planning Authority and the Council's Environmental Health Team are to be notified in writing 24 hours before works are intended to take place so that a temporary noise limit and mitigation can be agreed for the notifiable works. Works shall not take place under any circumstances outside of these permitted hours until agreement has been reached in writing, and the works shall then take place in accordance with the agreed details.

             

Reason: In the interests of the amenity of occupiers of neighbouring and nearby residential properties in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

 

7.           There shall be no deliveries or collections of goods (including waste) to or from the site outside the hours 8.30am to 18.00 pm Monday to Fridays, and 8.30am to 13:30pm Saturdays. There shall be no deliveries including the collection waste on Sundays and Bank/Public Holidays.

             

Reason: In the interests of the amenity of occupiers of neighbouring and nearby residential properties in accordance with the provisions of Policy CDMP1 of the Wyre Local Plan (2011-31).

 

 8.          (a) The development hereby permitted shall be designed so that the level of noise emitted from the site during construction does not exceed 65dB (A) as assessed in accordance with British Standard 61672-1: 2013 and WHO guidelines (or any subsequent replacement national standards / guidance) when measured 1 metre away from the facade at nearby noise-sensitive premises.

             

(b)         Prior to commencement of the development, a noise report shall be produced that assesses the sites ability to meet the aforementioned construction noise limit and outlines mitigation measures necessary to help the site achieve this noise limit. All mitigation outlined in the noise assessment shall be implemented in full prior to any development taking place.

             

(c)          Prior to commencement of the development, monitoring equipment for the purpose of measuring noise and vibration during construction works shall be installed. If/when any construction works are deemed to breach the aforementioned noise limit, investigations shall commence immediately to address the breach (e.g. to determine if other noise sources outside the developers control (for example, road traffic noise, sound from waves at the sea front, noise from meteorological sources) may have caused the noise limit for the development to be breached) and a suitably qualified noise consultant shall be employed to investigate and present the findings to the Local Planning Authority along with any further additional mitigation measures which may be deemed necessary. Any additional mitigation shall be implemented thereafter.

             

Reason: In the interests of the amenity of occupiers of neighbouring and nearby residential properties in accordance with Policy CDMP1 of the Wyre Local Plan (2011-31).

 

9.           The use of Jubilee Gardens as a site compound shall be for use in association with the sea wall and revetment system hereby approved, and within 2 months following completion of these permanent works, this compound shall be removed and the land restored to its former condition, unless an alternative timetable for restoring the site or an alternative landscape/habitat creation area is granted express planning permission by the Local Planning Authority.

             

Reason: For the avoidance of doubt, in the interests of the visual and residential amenity of the area in accordance with policy CDMP3 of the Wyre Local Plan.

 

Notes: -

 

1.           Flood Risk guidance: The Environment Agency recommends the applicant should be fully aware of the latest climate change allowances for FRAs guidance on GOV.UK (https://www.gov.uk/guidance/flood-riskassessments- climate-change-allowances) - in particular the updated sea level rise allowances. The applicant should also be aware of the coastal design sea levels and coastal flood boundary extreme sea levels 2018 data.                 

 

Pollution prevention guidance: It is advised that the applicant refers to the following pollution prevention guidance which is available on the GOV.UK website at: https://www.gov.uk/guidance/pollutionprevention-for-businesses.

 

2.           You are advised that you should have regard to the following document provided by United Utilities which is online under this planning application on the Council's website dated 4th March 2021:             

 

·                         United Utilities Standard Conditions for Works Adjacent to Pipelines Document Ref. 90048 Issue 3.1 July 2015

 

3.           Marine Licensing: Works activities taking place below the mean high water mark may require a marine licence in accordance with the Marine and Coastal Access Act (MCAA) 2009. Such activities include the construction, alteration or improvement of any works, dredging, or a deposit or removal of a substance or object below the mean high water springs mark or in any tidal river to the extent of the tidal influence. Applicants should direct to the Marine Management Organisation (MMO's) online portal to register for an application for marine licence https://www.gov.uk/guidance/make-a-marine-licence-application

 

Supporting documents:

 

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