Report to: Planning Committee

Date of Meeting: 8th January 2014

Subject: S/2013/0829 Land Adjoining Birkdale Station Car Park Dover Road, Birkdale

Proposal: Installation of air source heat pumps to two apartment blocks Applicant: KL3 Limited

Agent: Mr Paul Coleman

Report of: Head of Planning Services

Wards Affected: Birkdale

Is this a key decision? No

Is it included in the Forward Plan? No

Exempt/Confidential No

Summary This application is for air source heat pumps to two blocks of flats currently under construction off the Birkdale Station Car Park.

Recommendation Approve with Conditions

Reasons for the Recommendation

Implementation Date for the Decision Immediately following the Committee meeting

Contact Officer: Mandy Biagetti

Tel: 0151 934 4313

Case Officer: Mrs Andrea Fortune

Tel: 0151 934 2208

Email planning.department@sefton.gov.uk

Background Papers The full planning application including all supporting documents, plans and reports can be viewed at www.sefton.gov.uk/planapps. Sefton’s Unitary Development Plan 2006 National Planning Policy Guidance Note March 2012.

The Site

The site is a development site adjacent to the Birkdale Station Car Park off Dover Road, Birkdale. Currently under construction are two blocks of two and three storeys creating 10 residential flats.

Proposal Installation of air source heat pumps to two apartment blocks

History S/2013/0120 Erection of one detached three storey building containing 6 self-

contained apartments and one detached two storey building containing 4 self-contained apartments, layout of car parking and landscaping with vehicular access via Birkdale Station Car Park (alternative to S/2012/0831)

Consultations Built Environment Directorate - Head of Environment - I have no objection in principle to this proposal. However, it is noted that 10 units are to be installed at a noise level of 52dBA each (62dBA combined) although, this will not affect residential dwellings outside the development. There will be some loss to external residential amenity within the development. Network Rail - All works must be carried out on the applicant's land without encroachment onto Network Rail land and air space. Merseytravel - Request that Sefton Council require the developmer to ensure that all construction works are carried out in a manner that would cause the least impact upon the safety, integrity or operation of Birkdale Rail Station and its associated rail alignment. To ensure that this criteria is met Merseytravel would wish to request that the approval of Merseyrail Electrics Limited and Network Rail are gained before this application is granted by Sefton Council.

Neighbour Representations Last date for replies: 26th September 2013 Received: Letters of objection received from 4 and 6 Acre Grove raising the following concerns / comments:

• 10 units will each produce a minimum of 52dB if they are running efficiently. If not the noise level increases.

• Will produce a constant noise less that 1m from an acoustic fence - may prevent the noise being disspiated

• Current buildings have already icnrease the noise and vibration levels of the trains as the sound and vibrations are funnelled between / around the structures.

• Request an impact assessment of the installation is undertaken to ensure that the minimum noise level of 42dB(A) (or other level if the regulations of September 2011 have been superceded) is not likely to be exceeded one metre from the window to any habitable room.

• Should the installation be agreed by the planning authority, I would then ask that indpendent assessment of noise levels is undertaken, funded by the developer to demonstrate that these noise levels are not being exceeded.

A petition has been received from Mrs Tafti, resident of no.2 Sunnyside containing 29 signatures. The petition relates to existing residents concerns about noise pollution relating to the pumps.

Policy The following policies apply: CS3 Development PrinciplesDQ1 DesignEP6 Noise and VibrationH10 Development in Primarily Residential AreasHC1 Development in Conservation Areas NPPF National Planning Policy Guidance

Comments

Main issues - visual impact and effect on character and appearance of the Conservation Area; impact on residential amenity. Significant negotiations have taken place to resolve the conflict that arises with this application between the need to harness alternative sources of energy under the NPPF and Conservation. A number of alternative locations have been considered for the siting of the pumps to try to minimise their appearance, ensure they will operate efficiently and not cause significant harm to amenity of potential occupants of the flats under construction. The NPPF in paragraph 97 refers to local planning authorities helping to increase the use and supply of renewable and low carbon energy. Visual impact and Conservation Area The proposal involves the installation of 10 air source heat pumps at the site which is currently under construction. Six pumps will be attached to Block 1 (three storey building) and four pumps attached to Block 2 (two storey building), this equates to 1 pump per flat. In the case of Block 2, the pumps are attached to the north-west elevation facing the railway line (two to each end of the building) in between ground and first floor levels. Due to the close proximity of the boundary fencing, the pumps have to

be sited above the height of the fence for efficiency purposes, which makes them more visible in the surrounding area. For Block 1 four pumps are also attached to the north-west elevation facing the railway as per Block 2 but with two additional pumps at ground floor level on the south-west elevation. This is to reduce both the visual impact and residential amenity for potential occupants. The pump dimensions are 1115mm x 700mm x 425mm and as such will be clearly visible when attached to the building. Unfortunately, the applicant has stated that they cannot be sited in a separate compound at ground floor level away from the buildings which would be more discreet on the basis that they become less efficient the further away from the building they are sited. It is accepted that the visual appearance of the pumps due to their size, design and position is not ideal, especially on a building within a Conservation Area. The scheme has to be assessed against the balance between conservation and the need to harness alternative and low carbon energy sources under the NPPF. On the basis that the buildings are new and have a neutral effect on the Conservation Area, the pumps affixed to the buildings cannot be said to have a significant detrimental effect on the character and appearance of the overall Conservation Area. As the pumps will face the railway, where views of the wider Conservation Area are limited, it is considered that they will not cause significant visual harm to the Conservation Area. The Conservation Area Appraisal for Birkdale Village identifies key views within the Conservation Area and views of this site from either the railway or elsewhere are not referred to. The appraisal states that 'the majority of views seen from the train are towards the rear of properties and the busines premises adjacent the station, the telephone exchange with its array of antennae and the swathe of car parking adjacent the station are also prominently visible. These do not currently present a very attractive appearance either through their neglected state or poor design'. As such it is considered that the pumps facing the railway will not obstruct or effect views of significant importance to the wider Conservation Area. Residential Amenity The pumps are sited facing the railway and therefore at the furthest possible point from dwellings on Acre Grove. Dwellings on Sunnyside are on the other side of the railway. The Head of Environment does not consider that the potential noise from the pumps is will cause significant harm to amenity of existing dwellings. However it is considered that the pumps may have a potential impact on amenity of proposed occupants of the development site in terms of noise. In order to address this, a high specification of glazing has been agreed to the windows closest to the pumps which is a reasonable solution to limit potential noise impact. This has been secured through a separate discharge of condition application. Overall the scheme will not have a significant impact on amenity and complies with policy H10.

Conclusion Whilst the proposal does not make a positive contribution to its surroundings as set out in policy DQ1 it does provide an alternative source of energy for the site which meets with the provisions of the NPPF. This has to be balanced against the need for conservation and on the basis that the development site is for new build flats which have a neutral effect on the Conservation Area, the proposal could not justify a refusal of planning permission. On balance, the application is recommended for approval.

Reasoned Justification The proposal will not have a significant detrimental effect on residential amenity and given the pumps face the railway and are not readily visible within the main context of the Conservation Area, the character and appearance of the Conservation Area is preserved. In the absence of any other material planning considerations, the granting of planning permission is justified.

Recommendation Approve with Conditions This application has been recommended for approval, the following conditions and associated reasons apply: 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) The development hereby granted shall be carried out strictly in accordance with

the details and plans hereby approved and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

Reason: To ensure a satisfactory development.

Drawing Numbers Location and Block Plan Drg HP03 received 1 July 2013 Proposed Plans and Elevations of Block 1 Drg HP04E received 11 Nov 2013 Proposed Plans and Elevations of Block 2 Drg HP05E received 11 Nov 2013 Existing Plans and Elevations of Block 1 Drg exg05C received 1 Jul 2013 Existing Plans and Elevations of Block 2 Drg exg06C received 1 Jul 2013

Petition

Existing Site Plan

Proposed Site Plan