W
Technical Services Department
David Green
Director
Cheshire Lines Building
Canning Street
BIRKENHEAD, Wirral CH41 1ND
Application
Decision Date
APP/09/05766
07/06/2010
Notice of Grant of Planning Permission
Town and Country Planning Act 1990
To:
Mr Vincent Doyle
Oaktree Environmental
Unit 5, Oasis Park
Road One
Winsford,Cheshire ,CW7 3RY
For:
Mr Mike Ross
North West Construction
North West House
23 Park Street
Birkenhead,Wirral ,CH41 3LY
Subject Creation of a waste transfer facility and associated works
Location North West House, Land North of McTay Boatyard, Magazine Lane, Bromborough, Wirral, CH62
3NJ
Council Decision Summary
Having regards to the individual merits of this application the decision to grant Planning Permission
has been taken having regards to the relevant Policies and Proposals in the Wirral Unitary Development
Plan (Adopted February 2000) and all relevant material considerations including national and regional
policy advice. In reaching this decision the Local Planning Authority has considered the following:The proposed development is acceptable in terms of Policy NC1 - The Protection of International
Importance for Nature Conservation as well as EM6 General Criteria for New Employment Development,
EM7 Environmental Criteria for New Employment Development & EM8 Development of Primarily
Industrial Areas of Wirral's Unitary Development Plan and is therefore recommended for approval
subject to conditions.
Wirral Borough Council hereby grants Planning Permission for the development specified in the
application and accompanying plans submitted by you subject to the following conditions:1
The development hereby permitted shall be commenced before the expiration of three years from the
date of this permission.
Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.
2
Prior to the commencement of the development hereby approved, a scheme to dispose of foul and
surface water shall be submitted to and approved in writing by the local planning authority. The approved
scheme shall be implemented in full and retained as such thereafter unless otherwise agreed in writing
with the Local Planning Authority.
Reason: To ensure a safe form of development that poses no unacceptable risk of pollution to the water
environment.
3
Prior to the commencement of development details of the proposed retaining wall and netting shall be
submitted to and agreed in writing with the Local Planning Authority. The approved wall and netting shall
be implemented in full and retained as such thereafter unless otherwise agreed in writing with the Local
Planning Authority.
Reason: In the interests of amenity having regard to Policy EM7.
4
All waste shall be stored in the skips or open containers within the bay area specified on Plan NWC/03
www.wirral.gov.uk
and shall not exceed the height of the bay walls unless otherwise agreed in writing with the Local
Planning Authority.
Reason: In the interest of amenity having regards to Policy EM6
5
Prior to the commencement of the development details of a dust suppression scheme during the
crushing/screening of inert waste shall be submitted to and agreed in writing with the Local Planning
Authority. The approved scheme shall be implemented in full and retained as such thereafter unless
otherwise agreed in writing with the Local Planning Authority.
Reason: In the interests of amenity having regard to policy EM7
6
The maximum width of the vehicular access at the edge of the public
highway shall be 3m.
Reason:
To ensure that construction of the access does not prejudice conditions
of safety for pedestrians on the public highway.
7
Prior to the commencement of development approved by this permission, the following components of a
scheme to deal with the risks associated with contamination of the site shall each be submitted to and
approved in writing by the Local Planning Authority:
A) A preliminary risk assessment which has identified: all previous uses; all previous contaminants
associated with those uses; a conceptual model of the site indicating sources, pathways and receptors,
and; potentially unacceptable risks arising from contamination at the site
B) A site investigation scheme, based on (A) to provide information for a detailed assessment of the risk
to all receptors that may be affected, including those off site
C) The site investigation results and the detailed risk assessment from (B), and based on these an
options appraisal and remediation strategy giving full details of the remediation measures required and
how they are to be undertaken
D) A verification plan providing details of the data that will be collected in order to demonstrate that the
works set out in (C) are complete, and identifying any requirements for long-term monitoring of pollutant
linkages, maintenance and arrangements for contingency action.
The development shall be implemented in accordance with the approved scheme.
Reason: To ensure a safe form of development that poses no unacceptable risk of pollution to the water
environment in accordance with adopted Unitary Development Plan Policy PO5 - Criteria for the
Development of Contaminated Land.
8
Prior to the commencement of the development details of the proposed security lighting shall be
submitted to and agreed in writing with the Local Planning Department. The lighting shall be
implemented in accordance with the approved details and retained as such thereafter unless otherwise
agreed in writing with the Local Planning Authority.
Reason: To protect the Mersey Estuary Special Protection Area
9
No machinery shall be operated, no process shall be carried out and no deliveries taken at or
despatched from the site outside the following times; 07.00 and 19.00 unless otherwise agreed in writing
by the Local Planning Authority.
Reason: In the interests of amenity and to limit the effect of the development upon the adjacent Mersey
Estuary Special Protection Area
Rights of Appeal
If you disagree with any of the conditions in this decision, other than those which have been imposed
to comply with Regulations made under the Town and Country Planning Act 1990, you are entitled to
appeal to the Secretary of State. You must however do this within 6 months of the date of this notice
and on forms which may be obtained from:- The Planning Inspectorate, Room 3/06b Kite Wing,
Temple Quay House 2, The Square, Temple Quay, Bristol. BS1 6PN
Notes To Applicant
www.wirral.gov.uk
The decision to grant planning permission has been taken having regard to the policies and
proposals in the Wirral Unitary Development Plan and to all relevant material considerations
including Supplementary Planning Guidance.
Compliance with Conditions: The Council expects strict compliance with all conditions.
Failure to do so may result in the service of a Breach of Condition Notice and prosecution
by the Council.
Building Regulations: A separate submission under the Building Regulations 1991 may be
required before you commence this development. You are therefore advised to consult the
Building Control Section at this office. Tel: 0151 606 2508 or 2509
The Local Planning Authority has displayed a Site Notice advertising your application. It is
normally mounted on a fence, lamp post or other item of street furniture. In order to keep
the environment of Wirral clean and tidy would you please arrange to have this Notice
removed as soon as possible.
.
Tranmere Oil Terminal is located within close proximity to the site. This is a top tier site under control
of major accidents and hazards legislation. As a result the developer should produce a emergency
safe system of work for employees on site. Please contact Mark Camborne on 0151 606 2071 for
further infomation.
DAVID GREEN, DIRECTOR
TECHNICAL SERVICES
www.wirral.gov.uk