Case Reference: 3299644

Appeal Decision
Inquiry Held on 6-7 October 2022
Site visit made on 5 October 2022
by D M Young JP BSc (Hons) MPlan MRTPI MIHE
an Inspector appointed by the Secretary of State
Decision date: 25th October 2022
Appeal Ref: APP/N4205/W/22/3299644
Land at and adjacent Hulton Park, Manchester Road, Over Hulton, Bolton
BL5 1BH
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
• The appeal is made by [APPELLANT] against the decision of
Bolton Metropolitan Borough Council.
• The application Ref 12218/21, dated 17 September 2021, was refused by notice dated
28 February 2022.
• The development proposed comprises:
Part A: A full planning application for restoration works to Hulton Park and various
existing structures and heritage assets within it, including the pleasure grounds,
dovecote, walled garden and lakes; the demolition of various existing buildings and
structures; the development of a golf resort, including an 18-hole championship-grade
golf course, clubhouse, golf academy (comprising driving range, practice course,
adventure golf course and academy building with sports and learning facilities, a golf
shop and cafe), a hotel with adjoining spa and conference facility, and other ancillary
buildings, structures and engineering and landscape works including a maintenance
building, highway accesses, internal access roads, highway underpass, various bridges,
boundary treatments, external lighting, parking areas and new and replacement
landscaping and open space; highways infrastructure; and, where applicable, the re-
routing, upgrading and extension of the public rights of way network and the creation of
new public rights of way, footpaths and trails.
Part B: An outline application for the residential development of up to 1,036 dwellings;
a village centre; village hall; community allotments; primary school; short stay holiday
accommodation, comprising the conversion of home farm cottage and the construction
of a mews building, cabins and lodges; and a range of other retail, leisure, recreation,
community and food & drink-related uses; highways infrastructure; the regrading of
land to accommodate the golf course and staging and subsequent regrading for
residential development; and, where applicable, the re-routing, upgrading and
extension of the public rights of way network, and the creation of new public rights of
way, footpaths and trails, with all matters reserved except for (in part) access, and in
respect of the short stay holiday accommodation, layout.
Decision
1. The appeal is allowed and full planning permission is granted for restoration
works to Hulton Park and various existing structures and heritage assets within
it, including the pleasure grounds, dovecote, walled garden and lakes; the
demolition of various existing buildings and structures; the development of a
golf resort, including an 18-hole championship-grade golf course, clubhouse,
golf academy (comprising driving range, practice course, adventure golf course
and academy building with sports and learning facilities, a golf shop and cafe),
a hotel with adjoining spa and conference facility, and other ancillary buildings,
structures and engineering and landscape works including a maintenance
building, highway accesses, internal access roads, highway underpass, various
bridges, boundary treatments, external lighting, parking areas and new and
replacement landscaping and open space; highways infrastructure; and, where
applicable, the re-routing, upgrading and extension of the public rights of way
network and the creation of new public rights of way, footpaths and trails.
Outline planning permission is granted for the residential development of up to
1,036 dwellings; a village centre; village hall; community allotments; primary
school; short stay holiday accommodation, comprising the conversion of home
farm cottage and the construction of a mews building, cabins and lodges; and a
range of other retail, leisure, recreation, community and food & drink-related
uses; highways infrastructure; the regrading of land to accommodate the golf
course and staging and subsequent regrading for residential development; and,
where applicable, the re-routing, upgrading and extension of the public rights
of way network, and the creation of new public rights of way, footpaths and
trails, with all matters reserved except for (in part) access, and in respect of
the short stay holiday accommodation, layout at land at and adjacent Hulton
Park, Manchester Road, Over Hulton, Bolton BL5 1BH in accordance with the
terms of the application, Ref 12218/21, dated 17 September 2021, subject to
the conditions set out in the schedule to this decision.
Preliminary Matters
2. The Inquiry sat for 2 days on 6 and 7 October 2022. An unaccompanied site
visit was carried out on 5 October in accordance with an itinerary agreed with
the Appellant and Council. With agreement of the same, a second site
inspection was not deemed necessary.
3. A signed copy of the s106/106a agreement was submitted after the close of
the Inquiry. The proposed planning obligations need to be assessed against
the statutory Community Infrastructure Levy (CIL) tests, a matter I return to
later.
4. Statements of Common Ground (SoCG) were submitted prior to the Inquiry,
and I have had regard to these in reaching my decision.1
5. I held a pre-Inquiry Case Management Conference on 8 August 2022 to discuss
the arrangements for the Inquiry. A summary of the conference was
subsequently sent to the main parties.
6. The Council is unable to demonstrate a five-year supply of deliverable housing
sites. Key policies of the development plan2 are also inconsistent with the
National Planning Policy Framework (the Framework).3 The development plan
is therefore out-of-date and this limits the weight I can attach to those policies
which are concerned with the supply of housing.
7. The application was submitted with a significant body of supporting information
and drawings including an Environmental Statement (ES) under the
Environmental Impact Assessment (EIA) Regulations.4 The information
1 CDs 10.1-10.7
2 The Bolton Core Strategy Development Plan Document (the CS) adopted March 2011; the Bolton Allocations Plan
Document (the AP) adopted 2014 and the Greater Manchester Minerals and Waste Plan adopted 2013
3 Most notably Green Belt and heritage policies
4 CD: 05a.276 – 05a.622
provided has been taken into account in this decision, alongside all the other
written and oral evidence.
Background
8. A similar planning application was submitted in 2017.5 This was subsequently
‘called-in’ by the Secretary of State (SoS) and considered at a 9-day Inquiry in
October 2019. Following a resolution to approve, the Council’s position at the
original Inquiry was one of support. Opposition was led by Hulton Estate Area
Residents Together (HEART) who appeared as a Rule 6 party.6
9. Having heard arguments for and against the scheme, the Inspector submitted a
detailed 190-page report to the SoS recommending that planning permission
be granted.7 Inter alia, the Inspector recognised the “enormity” of benefits
that would be delivered by the development in part due to hosting the Ryder
Cup (RC) at Hulton Park. Moreover, the Inspector found the scheme would:
- Generate significant economic benefits in an area which lags behind
economically with higher levels of deprivation and economic inactivity;
- Represent the optimum viable use for the Registered Park and Garden
(RPG);
- Deliver significant ecological gains; deliver housing in an area of
significant need; provide tangible public access benefits and,
- Significantly improve the operation of the Chequerbent roundabout, a
local congestion hotspot.
10. The SoS agreed with the Inspector’s recommendation and granted permission
in July 2020 (hereafter I shall refer to this as “the consented scheme”).8
11. The current appeal scheme stems from the Appellant’s desire to amend the
design of the golf course following feedback from RC Europe. As part of the
resubmission there was an opportunity to revisit certain aspects of the
consented scheme with the aim of enhancing the benefits and reducing the
harms associated with it. What followed was a process of community and
stakeholder engagement9 which resulted in enhanced public access to the site,
an improved package of highway measures, additional community facilities
such as allotments and a village hall and a significant reduction in the amount
of Green Belt development and interventions in and around the RPG.
12. As a consequence of the changes10, the scheme was supported at the
application stage by a range of stakeholders including the Council’s own officers
who considered that the “case for the current scheme is stronger than it was
for the consented scheme”.11 Against the background set out above, I have
little doubt that the planning committee’s decision to refuse planning
permission, against the advice of its own officers, must have come as a
significant shock to the Appellant.
5 LPA Ref: 00997/17
6 HEART Proofs CDs 09.25-09.27b
7 PINS Ref: APP/N4205/V/18/3208426 CD:09.01a
8 CD: 09.01b
9 Details provided in the Statement of Community Involvement CD: 05a.264
10 See paragraph 5.9 of Mr Bell’s Proof of Evidence
11 Officer Report (OR) Executive Summary CD02.2
13. Three reasons for refusal were subsequently drafted. The first concerns the
impact of the development on congestion and clean air, the second relates to
the impact on watercourses and the third alleges conflict with local and national
Green Belt policy.12 However, the matter does not end there. Following the
submission of the appeal, the Council sought legal advice with regards to its
decision. Having reflected on that advice, it informed the Inspectorate that it
would not be defending its reasons for refusal at the Inquiry.13 In the
aftermath of that decision, HEART also withdrew its Rule 6 request, leaving the
Appellant as the only formal party to the Inquiry.
14. It is a fundamental principle of the planning system that like cases should be
determined in a like manner. Therefore, the fact that the SoS has recently
granted planning permission for a similar scheme on substantially the same
site, under virtually the same policy context, following a long public Inquiry and
very careful consideration of all the relevant evidence, is a material planning
consideration of paramount importance and weight.
15. Moreover, because the Appellant has confirmed the consented scheme would
be implemented in the event I were to dismiss this appeal, a powerful fallback
position has been established. In these circumstances, there are only two
conceivable scenarios where permission for a revised scheme should be
withheld; first, if there had been a material change in circumstances (for
example the adoption of some new local/national policy) or, second, if changes
to the consented scheme gave rise to additional harm such that the planning
balance would be tipped in favour of a refusal.
16. Based on the foregoing and as explained at the Inquiry and Case Management
Conference, my approach has been to benchmark the current appeal proposal
against the consented scheme. This decision therefore needs to be read
alongside the previous Inspector’s Report.14
Site, Surroundings and Proposed Development
17. The application site and the proposals are described and illustrated in detail in
the OR, Section 3 of the Planning Statement15 and chapter 3 of the ES16 and
Principal Statement of Common Ground.17
18. Briefly, the appeal site is approximately 356.77 hectares (ha) in size and
comprises land at and adjoining Hulton Park, a Grade II listed RPG which once
formed the estate to Hulton Hall. A significant proportion of the site (295.7ha)
is within the designated Green Belt.
19. The appeal site comprises all of the land subject to the consented scheme as
well as two additional areas known as Northern Fields and Chequerbent18. The
latter contains the Chequerbent Railway Embankment which is now a
Scheduled Ancient Monument (SAM).
12 Decision Notice CD: 02.01
13 CD: 02.08
14 CD: 09.01a
15 CD: 05a.262
16 CD: 05b.120
17 CD: 10.1
18 See areas 11 and 12, Figure 5.2 CD10.1
20. The appeal scheme involves the delivery of 2.5ha of new native species
woodland planting on land at Hermon Bank Farm located to the north of the
M61 motorway.
21. The proposed development comprises two parts. The first involves full
planning permission for restoration of the RPG by providing a championship-
grade golf resort which encompasses a golf course, clubhouse, academy, hotel
complex, and all ancillary buildings, structures, access and works – and for the
re-routing, upgrading and extension of existing Public Rights of Way and the
creation of new footpaths.19
22. The second element involves outline planning permission for the residential
development of up to 1,036 dwellings, a village centre, village hall, community
allotments, primary school, short stay holiday accommodation, comprising the
conversion of Home Farm Cottage, a range of other retail, leisure, recreation,
community and food and drink-related uses and highways infrastructure.
23. As set out above, I intend to focus on the changes between the current and
consented schemes. These are set out in full at paragraph 5.9 of Mr Bell’s
Proof of Evidence (PoE) but can be summarised as follows:
1) Amendments to the golf course design set out in Ross McMurray’s PoE which
follow feedback from RCE and UK Sport. These changes extend the course
westwards into Western Fields and Chequerbent and help to reduce the
number of interventions in the historic core of the RPG20.
2) The clubhouse has been moved eastwards to the opposite side of the Hulton
Hall access road.
3) The maintenance compound has been relocated to the southern extent of
the site to improve the efficiency of connections across the golf course but
remains the same scale and design as consented.
4) There is additional overnight accommodation for visitors including a new
‘restaurant with rooms’ hotel and dining through the retention, renovation,
and extension of Home Farm Cottage (which was previously proposed to be
demolished), and new lodges and ‘getaway’ cabins.
5) The proposed residential development on Western Fields, and within the
Green Belt, has been reduced by approximately 18%, with residential
development now located at South Chequerbent which is designated as
‘Other Protected Open Land’.
6) The introduction of a series of new community facilities such as a new health
and wellbeing hub, a flexible retail, food and drink venue (known as
Chequerbent Barns), a local retail store, a local centre, a primary school, and
community allotments.
7) A village hall and retail unit are proposed within the Dearden’s Farm
residential parcel plus the retention rather than demolition of the majority of
farm buildings.
8) The provision of a road link known as Park Avenue between A58 Snydale
Way to the north of the appeal site and North Road to the south, crossing
19 Permissive paths rather than new Public Rights of Way
20 See Rebecca Knight and Ross McMurray’s PoEs
the A6 via a new roundabout. The link road would involve the construction of
a 20-21m cutting across the SAM.
9) Greater levels of public access into the site, through and around the core of
the RPG where no public access currently exists.
10) A commitment to deliver a net-zero carbon development, through an
extensive array of energy-use reduction and efficiency measures.21
Policy Context
24. The only material change to the Planning Policy set out in section 4 of the
previous Inspector’s report is the progression of the emerging Greater
Manchester joint plan known as “Places for Everyone” to Examination stage
with Hearings scheduled to commence in November 2022.22
25. Although the emerging plan is evidently at a more advanced stage than it was
at the time of the original Inquiry, it is still subject to a significant number of
objections and therefore attracts limited weight.23 The Over Hulton
Neighbourhood Development Plan is still at an early stage of preparation and
also attracts limited weight in the determination of this appeal.
26. In light of the above, the policy context for this appeal is for all intents and
purposes the same as the consented scheme.
Main Issues
27. The main issue is whether the harm to the Green Belt, and any other relevant
harm, is clearly outweighed by other considerations, so as to amount to the
very special circumstances necessary to justify it. However, in light of the
background set out above, I intend to focus on the following:
• Whether the scheme changes would give rise to additional Green Belt
and/or other harm beyond that associated with the consented scheme.
• Whether the scheme changes would result in the same level of benefits to
be weighed against the harm.
• Dependent on the above, whether very special circumstances still exist
for the proposed development.
Green Belt Harm
28. Inappropriate development in the Green Belt is (by definition) harmful to the
Green Belt and will inevitably impact the purposes of including land within it
and negatively affect its openness. Approximately 83% of the appeal site is
within the Green Belt.
29. While not all the development in the Green Belt would be inappropriate, it is
agreed that overall, the scheme must be seen as inappropriate development in
the Green Belt. It is further agreed that there would be harm to openness as
well as Green Belt purposes (checking the unrestricted sprawl of large built-up
areas and safeguarding the countryside from encroachment).
21 See CDs: 05a.271 & 05a.272
22 CD: 09.41
23 Principal SoCG paragraph 8.4 CD: 10.1
30. Although there would still be new houses in the Green Belt for example at
Chequerbent Banks, Park Rows, Dearden’s Farm and Park End Farm, the
Appellant calculates that the relocation of housing to South Chequerbent has
reduced the amount of residential development in the Green Belt by 32.4%
compared to the consented scheme. This is depicted clearly on the Green Belt
Comparison Plan.24
31. While this figure was not challenged, objectors pointed out that the appeal
scheme includes additional Green Belt development in the form of holiday
accommodation and a restaurant. While that is so, these new structures would
be limited in their number and scale. Accordingly, on any fair-minded analysis,
the appeal scheme would result in significantly less inappropriate development
than the consented scheme where all of the 1,036 homes were within the
Green Belt.
32. It follows, largely as a matter of logic, that the amount of definitional harm as
well as harm to openness and purposes would all be commensurately reduced
under the current scheme. That was the position clearly set out in the OR25
and remains the agreed position in the Principal SoCG.26 The reduction in
Green Belt harm is a significant ‘other consideration’ weighing in favour of the
scheme.
33. Notwithstanding the above, there would still be very substantial harm to the
Green Belt. It is therefore necessary for very special circumstances to exist if
the development is to be approved. I undertake that balancing exercise later
in my decision.
Heritage - RPG
34. There are two principal heritage assets impacted by the current appeal
scheme: the RPG27 and the SAM.28 The appeal scheme does not propose any
changes to the consented scheme in respect of the Grade II listed Dovecote, I
do not therefore need to consider this matter.29
35. It is agreed between the main parties that there would be harm to the RPG
caused by the proposed interventions, including the holiday lodges and
restaurant. However, it is also acknowledged there would be less harm in the
area of greatest heritage significance and sensitivity (the historic core of the
parkland) when compared to the consented scheme.30 It is worth noting that
the previous Inspector considered “changes to landform” in the most sensitive
parts of the RPG to be one of most harmful aspects of the consented scheme.31
36. While HEART32 raised concerns about the extent of cut and fill operations
particularly in and around the proposed waterbodies, the amount of regrading
in the more sensitive parts of the RPG would be less than previously
consented. The harm caused by these changes were specifically taken into
account in the previous Inspector’s finding of ‘less than substantial’ harm. 33
24 ID08
25 Paragraph 133
26 CD: 10.1 paragraph 9.63
27 Listing Entry CD: 09.05
28 Listing Entry CD: 09.07
29 Listed building consent has already been granted by the Council for the restoration of the Dovecote.
30 Principal SoCG paragraphs 9.5-9.8
31 See paragraph 14.213 CD: 09.01a
32 See statement from Elaine Taylor ID06
33 See paragraphs 14.206-207 & 14.213
37. On the other side of the coin, there are additional heritage benefits to the RPG
beyond those identified by the previous Inspector. Principally these arise
from the increased public access to the site particularly the historic core of the
RPG. These improvements would enable the public to better understand,
appreciate and enjoy the RPG. In my view that would be a tangible heritage
benefit.
38. I have carefully considered the representations made by Elaine Taylor (a local
historian)34 and the CPRE35 who both argue the golf course would result in
‘substantial harm’ to the RPG. That represents something of a re-running of
HEART’s case at the original Inquiry36 and was not accepted by the previous
Inspector. As was explained at the Inquiry, a finding of substantial harm is a
deliberately high bar which the Planning Practice Guidance (PPG) recognises
“is unlikely to be reached in many cases”.
39. In my view, given the findings of the previous Inspector and SoS in relation to
a more intrusive scheme, an allegation of substantial harm to the RPG is
simply not credible. Considering the lesser harm and increased benefits set
out above, I find that the effect of the proposals on the RPG would be tipped
in favour of enhancement.
Heritage - Chequerbent Railway Embankment
40. The Park Avenue link road connecting the A58 and A6 involves cutting across
the Chequerbent Railway Embankment which was designated a SAM after the
Council refused planning permission. Despite that, the Council and Appellant
adopted a precautionary approach which assumed that the Scheduling
Application would be successful37. It was therefore assessed at the
application stage as if it were a heritage asset.38
41. The SAM is 550m in length, beginning around 30m north of the A6 and ending
along the south side of the M61 embankment. It forms part of the now-
disused Bolton to Leigh Railway which was one of the very earliest passenger
lines. The overall height of the embankment is around 4m, although its
height varies on the east side where the ground is undulating. The line was
previously cut to facilitate construction of the M61 motorway in 1970, which
removed around 250m of the north end of the embanked section.
42. The Appellant has submitted a Chequerbent Embankment Mitigation
Framework with the appeal. This was developed in consultation with the
Greater Manchester Archaeology Advice Service (GMAAS) and Historic
England (HE) and seeks to establish the strategy and principles for the repair,
preservation and appreciation of the embankment.
43. The section of embankment within the appeal site is largely hidden from
public view and in poor condition. It is also located in an area currently
inaccessible to the public. Mature vegetation has not only caused damage but
also provides a formidable visual screen which makes the SAM inaccessible
and difficult to identify.
34 ID6
35 ID5
36 See Gallagher PoE CD:09.27a
37 See OR paragraphs 159-185
38 See Archaeology SoCG para 2.17
44. In these circumstances, it is not unreasonable to suggest that the public
currently derives little or no meaningful enjoyment from the SAM. To
underline its parlous state, HE considers the SAM is a suitable candidate for
inclusion in its Heritage at Risk Register.
45. There is no dispute that the removal of some 20m39 of the embankment to
accommodate the Park Avenue cutting would result in the loss of some
historic fabric and interrupt its linear form thus harming its significance. The
Council’s Conservation Officer, GMAAS40 and HE all judge the harm to be ‘less
than substantial’ and I see no reason to take a contrary view.
46. However, as set out in the Mitigation Framework41, the appeal scheme
proposes the following mitigation/enhancement measures:
- Restoration of the remaining length of the embankment which would be
made accessible to the public and maintained preventing further damage
while allowing the general public to appreciate its significance;
- Repair and consolidation of the collapsed sections;
- The provision of information boards to explain the history and
significance of the SAM to the public;
- The limited clearance of trees and undergrowth to open up longer
distance views,
- Archaeological investigation of the SAM and monitoring of the cut
through it;
- The creation of a footpath along the top of the embankment linking to
the wider footpath network with a footbridge over Park Avenue;
- Material removed to create the cutting would be reused as landscape
features elsewhere in the development.
47. These measures would unveil the embankment in a way that would enable
the general public to understand and enjoy what is an important historical
feature. That would be far removed from today’s experience where the SAM
remains anonymous and under-appreciated. Given the current condition of
the SAM and the likelihood of its continuing decline, I consider the
development, subject to the above measures, would represent its ‘Optimum
Viable Use’ and ensure its long-term future.
48. Collectively, the benefits to the SAM would outweigh the less than substantial
harm. That reflects the position set out in paragraph 2.23 of the Archaeology
SoCG42. Accordingly, I conclude that subject to appropriate conditions to
secure the mitigation, the development would enhance the SAM.
Highways
49. The consented scheme included a package of highway improvements which
the Inspector and SoS found would not only address the additional traffic
39 At the time the application was considered by the Council at width of the proposed cutting was some 88m
40 Consultation Responses CDs: 06.39, 06.40 and 06.41.
41 Appendix 15 to Mr Bell’s PoE
42 CD: 10.2
impact associated with the development but significantly improve congestion
at Chequerbent roundabout.
50. The current scheme has sought to build on these benefits with an evolved
package of measures to reflect the wider changes to the scheme. As
explained in the Transport Assessment43, Highways and Transport SoCG44 and
PoE of Steven Eggleston, the number of trips generated by the development
would be 10-12% higher than the consented scheme. To mitigate this, the
current appeal scheme involves the construction of Park Avenue connecting
the A58 Snydale Way to the north with North Road in the south. This would
provide both access to the new development whilst also providing traffic
relief, helping to ease congestion particularly at the Chequerbent roundabout.
51. Moreover, it would deliver a key component of a wider transport corridor as
set out in the Greater Manchester 2040 Transport Strategy Delivery Plan and
Bolton Local Implementation Plans45 for improved east-west connectivity
across Wigan and Bolton. In short, it would represent a large proportion of
the Council’s aspirations for a ‘Westhoughton Bypass’. The delivery of Park
Avenue must therefore be seen as a significant highway benefit over and
above the consented scheme.
52. Off-site works include widening on the A58 Snydale Way and A58 Wigan Road
approaches to the M61 junction and signalisation of the southbound entry slip
road to the roundabout and associated signalisation of the circulatory
carriageway.
53. Subject to all of the above, there is agreement between the main parties as
well as National Highways, that the scheme would represent an overall
improvement compared to the ‘do nothing’ scenario. While some objectors
raised generic traffic concerns, no evidence has been adduced to challenge
the conclusions of the Appellant’s traffic assessments.
54. In terms of public footpaths, the Public Right of Way Strategy46 confirms that
the amount of new and improved public and permissive footpaths would
increase from 7.2km under the consented scheme to 15.6km. That doubling
represents a significant improvement and is yet another factor that weighs in
favour of the appeal scheme.
Ecology
55. The previous Inspector and SoS found substantial benefits in relation to the
diversification of the ecological features and habitats on the site. These
benefits were attributed ‘substantial weight’.47
56. As reflected in the Ecology SoCG48 the current appeal scheme would achieve
“even greater biodiversity enhancement than the Consented Scheme; with a
consequential difference in estimated biodiversity net gain (c 18%, rather
than c15%)”
43 CD: 05.572
44 CD: 10.4
45 See CD: 08.26
46 CD: 05b.115
47 Paragraph 14.301
48 CD: 10.3 paragraph 7.15
57. Based on the above and in the absence of any cogent argument to the
contrary, I am satisfied there would be biodiversity and ecology betterment
compared to the consented scheme. It therefore follows that the ecological
enhancements must attract at least the substantial weight afforded by the
previous Inspector.
Socio-economic Benefits
58. The appellant’s assessment of the economic impacts of the development are
contained in the Economic Impact Analysis49 which forms part of the ES. At
section 2 this explains that the baseline position remains much the same as it
was two years ago with Bolton being the 27th most deprived local authority in
the country (out of 317 local authorities), with neighbouring Wigan the 97th
most deprived. Both authorities face economic challenges in terms of rates of
economic activity, employment, and productivity; all of which are lower than
the average for Greater Manchester and England.
59. The economic impact of the appeal scheme is set out in the PoE from Andrew
Tong. This explains that the approach to forecasting the socio-economic
impacts has remained largely the same as the consented scheme which was
subject to considerable scrutiny by the previous Inspector and accords with
modelling best practice. In short, the figures have simply been updated with
the most up-to-date data. It is concluded that the economic benefits of the
appeal scheme are even greater than those associated with the consented
scheme50 which the SoS characterised as ‘substantial’ and applied very
significant weight in granting permission.
60. In summary, the updated socio-economic benefits include:
• 1,100 FTE jobs per annum over the period 2021-2040 across the North-
West, with 460 of these being in Greater Manchester and 280 being in
Bolton and Wigan.
• Generation of employment opportunities for local people through a Local
Employment Framework.
• Estimated additional £280m+ GVA51 generated in the Bolton and Wigan
local economy over 20 years through the delivery of the whole Hulton Park
scheme.
• Total monetised economic impact in the region of £1.6bn between 2021 and
2040.
• £208m (gross) of social value.52
• Non-monetised social and cultural benefits including new homes, new
greenspace, the creation of new public rights of way and trails, a health and
wellbeing centre, new school, village hall, and a food and drink
establishment.
61. These benefits are recognised at paragraph 225 of the OR which finds that the
scheme would generate substantial economic, social and cultural benefits that
49 CD: 05a.265
50 The consented scheme was forecast to have a total economic impact of £730m within the north-west region.
The figure for the current appeal scheme is £1.04bn
51 Gross Value Added
52 See Social Value Assessment CD: 05a.266
would directly contribute towards growing the regional economy, addressing
deprivation, and contributing towards an improved quality of life for residents
of Bolton.
62. The parties agree that the Council cannot demonstrate a five-year supply of
housing land.53 The development would therefore make an important
contribution towards meeting housing needs both in terms of quantity and
quality which should be afforded significant weight. In response to concerns
that the development would not address housing needs in the short-term, the
Planning Statement54 clarifies that the scheme is expected to deliver 196
dwellings within the current five-year period.55
63. The appeal scheme also represents an improvement in relation to affordable
housing. Under the consented scheme 10% of the houses would have been
affordable in the form of discounted home ownership. The developer was also
required to undertake a review of viability at various points to provide an
uplift in the amount of affordable housing provision should conditions allow.
In the current scheme, the planning obligations contained in the s106 would
secure a minimum of 10% affordable housing but with a mix of social rented
and intermediate properties (split 65% and 35% respectively) which is the
Council’s preferred mix. The review mechanisms and trigger points would
also be retained. Based on the foregoing, I find the affordable housing
commitments are a significant benefit weighing in favour of the appeal
scheme.
64. CPRE and Philip Wood argued that the case for the scheme is weakened
because the proposals now involve residential development on several of the
main “staging” areas for the RC effectively rendering the course unviable to
hold future major tournaments. However, that argument was considered
and rejected in the OR56. It was also repudiated by the Appellant at the
Inquiry whose witness explained that the size and scale of the RC
necessitates a much larger staging area than would normally be the case for
other championship events. Given the size of the golf resort, I can see no
obvious impediment to the provision of adequate staging areas to
accommodate future championship events or for that matter a second RC,
subject to securing the necessary planning approvals. It should however be
pointed out that the economic case for the development is not predicated on
the hosting of a second RC.
65. Philip Wood provided an alternative economic assessment to the Inquiry57
which excluded the economic impact of the proposed housing.
Unsurprisingly, this resulted in a lower level of economic impact (£650m as
opposed to £1.04bn). Mr Wood conceded under questioning that his
methodology did not follow established guidance and he himself did not hold
any formal qualifications in relation econometric forecasting. Perhaps more
fundamentally, Mr Wood confirmed that he had not carried out an assessment
in relation to the consented scheme but accepted that the current appeal
scheme would be “somewhat better” in economic terms. That being the case,
I do not need to comment further on Mr Wood’s submissions.
53 See paragraph 8.7
54 CD: 05a.262
55 See CD 05a.262 paragraph 7.31
56 Paragraph 383
57 ID4
66. I therefore conclude that the social, cultural and economic benefits of the
development are stronger than the consented scheme and should be afforded
very substantial weight in favour of the development in the planning balance.
Other Matters
67. The majority of those who spoke against the development, including HEART
and the CPRE, manifestly failed to appreciate the significance and importance
of the consented scheme as a fallback position. That led to many speakers
re-running ‘in principle’ Green Belt/heritage/ecology objections that were
dealt with as part of the consented scheme. For reasons I have already set
out, I do not intend to repeat the findings of the previous Inspector and SoS
in respect of these matters.
68. Many of the objectors raised concerns about development taking place before
hosting rights for the RC are secured. Similar concerns were raised at the
original Inquiry and are dealt with by the Inspector at paragraphs 14.10-
14.16 of her decision58. Essentially the situation remains the same in that a
planning obligation contained in the s106 agreement would prevent the
development commencing until the European Tour (the RC organising body)
has confirmed in writing that Hulton Park has been selected as the venue to
host the tournament.
69. The Appellant confirmed that the loss of best and most versatile agricultural
land is unchanged from the consented scheme.59
70. While I understand the concerns of local residents and Councillors about the
issue of air quality and its potential hazardous effect on health, no party has
adduced evidence to challenge the conclusions of the Appellant’s Air Quality
Assessment.60 This found that congestion, the biggest component of air
quality concerns, would be reduced as a result of this proposal, rather than
increased. Accordingly, there would not be a significant impact on air quality.
That conclusion is now accepted by the Council.61 I am therefore satisfied
that the scheme accords with CS Policies CG4.1 and CG4.2 and paragraphs
174(e) and 186 of the Framework.
71. The appeal scheme covers a larger spatial area than the consented scheme
which includes additional water features. An assessment of the impact on
these bodies was undertaken as part of Owen Tucker’s PoE, a Water
Framework Directive Compliance Assessment62 and a Flood Risk
Assessment.63 The conclusion reached in each of these is that the nature and
scale of the impacts is broadly in line with the consented scheme.
72. Oral evidence given by the Chair of the Planning Committee revealed that the
genesis for the second reason for refusal was two-fold; firstly, advice given in
relation to the University of Bolton stadium64 some 25 years ago and, second,
a recent newspaper article about the dangers of leaching into watercourses.
Neither documents were before the Planning Committee when it made its
decision, nor were they submitted to the Inquiry.
58 CD: 09.01a
59 ID7
60 CD: 05b.120
61 See Air Quality SoCG CD: 10.6
62 CD: 05b.114
63 CD: 05a.602
64 Originally known as the Reebok Stadium
73. As noted in the OR, the appeal scheme seeks to minimise its environmental
effects. There is a commitment to BREEAM65 Excellent on all non-domestic
buildings as well as delivering a net zero carbon development.66 The
measures would be secured by a number of planning conditions requiring a
sustainability strategy containing some, if not all, of the following:
• Delivering the buildings on site to a high standard of fabric efficiency
which minimises heat and energy loss.
• Extensive deployment of renewable energy in all buildings in the form of
technologies such as Solar PV, Air and Ground Source Heat Pumps and
solar thermal cells.
• The use of battery technology where feasible across the development to
store energy generated from renewable sources for use during peak
demands.
• The feasibility of a district heat network for the development will also be
considered during detailed design and once the exact thermal load of
buildings is known
• The deployment of measures to minimise energy use during the
operational phase of buildings.
74. The sustainability credentials of the current appeal scheme are another
material planning benefit above and beyond that which would have been
delivered by the consented scheme.
Planning Obligations
75. An agreed draft of the s106/s106a agreement was discussed at the Inquiry.
This contains planning obligations in relation to:
- Restoration works to the RPG and a commitment to implement the
current appeal scheme over the consented scheme (Schedule 4);
- A Landscape and Habitats Management Plan (Schedule 5);
- Highway works specifically the delivery of Park Avenue and off-site
contributions to cycle parking and pedestrian crossings (Schedule 6);
- Contributions to create additional capacity at local primary and
secondary schools (Schedule 7);
- 10% affordable housing comprising 65% Social Rent Units and 35%
Intermediate Units (Schedule 8);
- A Local Employment Framework (Schedule 9);
- The provision of open space land for community use within the
development (Schedule 10);
- The delivery and management/disposal of the village hall (Schedule 11);
- The delivery and management/ operation/ disposal of the allotments in
accordance with the approved Allotments Scheme (Schedule 12);
65 Condition 53
66 Condition 54
- The provision of permissive pedestrian routes throughout the golf course
(Schedule 13);
- A financial contribution towards the provision and/or improvement/
expansion of off-site sports and recreational facilities (Schedule 14);
- A financial contribution towards the upgrade of footpaths in the local
area to improve access to/from the appeal site (Schedule 15);
- The delivery of off-site woodland planting on land at Hermon Bank Farm
(Schedule 16);
- The delivery of improvement works to the part of the Hulton Trail that is
located within the appeal site (Schedule 17);
- The delivery of a Health Centre (Schedule 18), and
- A restriction on implementation until the RC has been awarded to Hulton
Park.
76. While the majority of the obligations were considered by the previous
Inspector, I am satisfied that the obligations meet the statutory tests
contained in regulation 122 of the CIL Regulations 2010 and the Framework.
Conditions
77. The parties have agreed a list of planning conditions67 many of which were
imposed on the consented scheme. The reasons for these are set out in
section 12 of the previous Inspector’s report and I do not intend to repeat
them again here. Instead, I shall deal with the new conditions that arise as a
result of the changes to the scheme. These were discussed at the Inquiry. In
some instances, I have amended the conditions in the interests of brevity or
to ensure compliance with the PPG.
78. Rather than imposing a separate condition in relation to a permissive path
Code of Conduct, I have added a further requirement to condition 6 to
capture these details. Conditions 17-19 and 42 are necessary to secure the
off-site highway improvements at the approaches to junction 5 of the M61
and to protect vehicles from errant golf balls. Condition 25 is necessary to
secure the SAM mitigation works.
79. Condition 28 is necessary to ensure the development does not give rise to
unacceptable effects on air quality. The reasons given for a Community
Charter condition were unconvincing and would be captured by other
conditions and/or the s106 agreement. I have omitted condition 30
accordingly. A condition relating the landform art features is necessary to
ensure the satisfactory appearance of the development.
80. In light of the restrictions contained in condition 43, a separate condition
relating to grass cutting is unnecessary. On the evidence before me, I am not
persuaded that a condition restricting amplified music is necessary,
proportionate or enforceable. No such condition was imposed on the
consented scheme. I have thus omitted conditions 47 and 50.
67 ID10
81. There is no need for a separate condition relating to motorway drainage since
these requirements would be captured by the overarching drainage condition
(condition 56). I have incorporated the requirements of condition 66
(asbestos removal) into the site wide CEMP. I have amalgamated the two
separate coal mining conditions to avoid duplication.
82. Several ‘pre-commencement’ conditions require certain actions before the
commencement of development. In all cases the conditions were agreed
between the main parties and address matters that are of an importance or
effect that need to be resolved before construction begins.
Overall Planning Balance
83. Although the principle of development on the appeal site has already been
established by virtue of the consented scheme, I have calibrated my planning
balance differently to the previous Inspector to reflect the very significant
improvements that have been made to the scheme.
84. The appeal site is in the Green Belt and the proposal constitutes inappropriate
development. It would also result in substantial harm to openness and the
purposes of including land in the Green Belt. Collectively, these harms must
attract substantial weight in the overall planning balance, in accordance with
Framework paragraph 148.
85. In terms of other (non-Green Belt) harms, there would be conflict with CS
Policies OA3, OA4 and AP Policy CG6AP in respect of development outside
settlement boundaries and on Other Protected Open Land. However, since
these policies are out-of-date, these conflicts only attract limited weight.
86. As with the consented scheme, there would also be some limited harm to
landscape character caused by the loss of land to housing to which I attribute
moderate weight. The proposal would also conflict with CS policy CG1 in
terms of the loss of local farms and agricultural value. I attribute limited
weight to these matters. I have not identified any other harms as a direct
result of the changes to the consented scheme set out at paragraph 23 of this
decision.
87. Planning permission should only be granted if very special circumstances have
been demonstrated. Very special circumstances can only exist if the Green
Belt and other harms identified are clearly outweighed by other
considerations.
88. On the positive side of the balance, I have found that the scheme would
deliver all of the benefits identified in the consented scheme albeit that they
would be of a higher order in a number of key areas.
89. Firstly, unlike the consented scheme, I have found there would be an
enhancement to the heritage assets (RPG and SAM). I attribute significant
weight to the heritage benefits.
90. The monetised benefits of bringing the RC to Hulton Park would be
substantial. Added to this, the delivery of new homes and jobs in an area of
need, affordable housing, community facilities and a significantly improved
package of walking routes across the site are weighty social and community
benefits. Collectively the socio-economic benefits attract very substantial
weight.
91. There would also be enhanced benefits in relation to the diversification of the
ecological features and habitats on the site compared to the consented
scheme. Given the ecological value of the site is in decline, I attribute
substantial weight to the ecology benefits.
92. The highway works, in particular the delivery of a substantial part of the
Westhoughton Bypass as well as an overall net-benefit to the operation of the
Chequerbent roundabout are public benefits to which I attach very significant
weight. Given that the Council has declared a climate emergency and
committed to playing its part in tackling climate change, I attach significant
weight to the sustainability benefits.
93. The significant reduction in the amount of Green Belt harm compared to the
consented scheme is another consideration weighing in favour of the current
appeal scheme. I attach very significant weight to this benefit.
94. I consider that the benefits listed above are of such magnitude that they
clearly outweigh the identified Green Belt and non-Green Belt harms. On a
further matter of judgement, I conclude that very special circumstances exist,
which justify permitting the proposed development in the Green Belt.
95. Accordingly, the proposal would not conflict with Green Belt policy in Section
13 of the Framework. The consequence of the above is that the development
complies with the development plan taken as a whole and should be approved
without delay. Given that the very special circumstances balance is the
highest test in the Framework, I do not consider it necessary to carry out a
separate paragraph 11(d)(ii) balancing exercise.
Conclusions
96. For the reasons set out above I conclude that the appeal should succeed, and
planning permission allowed subject to the conditions set out below.
D. M. Young
Inspector
APPEARANCES
The Appellant
Russell Harris KC he called:
Stephen Bell BA (Hons) MTPI MRTPI Turley Associates Limited
The Council
Matthew Dale-Harris of Counsel
Alex Allen MTPl MRTPI Development Manager, Bolton Council
Emma Lancaster BA (Hons) MA MRTPI Quod
Interested Persons
Supporters
Mike Blackburn Chair Marketing Manchester
Bill Webster Principal of Bolton College
Phil Mason Chief Executive of BWFC in the
Community
Jon Lord Bolton at Home
Elizabeth Connah* Local resident
Craig Kerrigan* 2018 Celtic Manor Captain
Sophie Walker Former professional golfer,
broadcaster and coach
Objectors
Cllr John Walsh Member for Astley Bridge and
Planning Committee Chair
Cllr Derek Bullock Member for Hulton
Cllr Andrea Finney Member for Westhoughton North &
Chew Moor
Cllr Toby Hewitt Member for Hulton
Phil Wood Local resident
Sandra Hesketh HEART
Alan Dean HEART
Tony Bishop Leigh Ornithological Society
Corrie Shelley Local resident
Gordon Corbett Member of Bolton Golf Club
Elaine Taylor Local historian
Jackie Copley CPRE
Sylvia Fewtrell Local resident
* Statement read by representative
SCHEDULE OF CONDITIONS
General Conditions
1) The development hereby approved shall not be begun until a phasing
scheme has been submitted to, and approved in writing by, the local
planning authority. The phasing scheme shall identify the proposed
phasing and sequencing of the development hereby approved, including
the following:
• the Hulton Hall development (comprising the golf course, clubhouse,
academy, maintenance compound, hotel complex, bridges, lodges and
restaurant [dining with distinction] with rooms and cabins);
• the Hulton Park Villages development (comprising the residential
development, local centre, local retail stores, the primary school and the
village hall);
• the Hulton Parklands development (comprising the Health & Wellbeing
Hub, Chequerbent Barns, landform art, community allotments, Pretoria
Park, public rights of way, permissive footpaths and the Hulton Trail);
• highways infrastructure works, including Park Avenue and access into
and within the site;
• the demolition works across the site; and
• the heritage restoration works across the site.
The reserved matters details submitted in respect of each phase of the
outline permission (as defined by Condition 1) shall be accompanied by
an updated phasing scheme to reflect the ongoing delivery of the
development hereby approved. The development shall thereafter be
carried out in accordance with the approved phasing scheme.
2) The development hereby approved shall be carried out in accordance with
the following approved plans and documents:
• Site Location Plan (drawing ref. LUC-11305-LD-PLN-1002 Rev C);
• Areas for Detailed and Outline Approval (drawing ref. LUC-11305-LD-
PLN-001 Rev C);
• Conservation Plan Volume 2: Conservation Strategy (Version 4,
September 2022);
• Design and Access Statement (document ref. 11305-LD-REP-700
Version 4, November 2021);
• Public Right of Way Strategy (document ref. 11305-LD-REP-800 Version
5);
• Crime Impact Statement (document ref. 2016/1030/CIS/02 VERSION
A, 26 November 2021);
• Arboricultural Impact Assessment (document ref. 5136.06.001 Version
2.0, November 2021);
• Lighting Impact Assessment (document ref. 2913 P5, 16 September
2021);
• Water Framework Directive (WFD) Compliance Assessment (document
ref. 44501, November 2021);
• Historic Structures: Condition/Repair/Issues (Version 4, June 2021)
3) That part of the development hereby approved in full, the extent of which
is defined on “Areas for Detailed and Outline Approval” (drawing ref. LUC-
11305-LD-PLN-001 Rev C) (hereafter referred to as the “full
permission”), shall be begun before the expiration of three years from the
date of this planning permission.
4) No phase of the development hereby approved in outline, the extent of
which is defined on “Areas for Detailed and Outline Approval” (drawing
ref. LUC-11305-LD-PLN-001 Rev C) (hereafter referred to as the “outline
permission”) (excluding those areas defined within the “Interim
Temporary Grading Operations Areas” (drawing ref. 11305-LD-PLN-002
Rev C)), shall be begun until details of all of the reserved matters for that
phase (appearance, landscaping, layout, scale and access (in part)) have
been submitted to, and approved in writing by, the local planning
authority.
Applications for the approval of all reserved matters in respect of the first
phase of the outline permission (as defined by the details submitted and
approved pursuant to Condition 1) shall be submitted no later than three
years from the date of this permission. Applications for the approval of
reserved matters for all other phases of the outline permission shall be
submitted no later than eighteen years from the date of this permission.
The first phase of the outline permission shall be begun before the
expiration of either five years from the date of this planning permission
or two years of the date of the final reserved matters approval in respect
of that phase, whichever is the later. Each subsequent phase of the
outline permission shall be begun before expiration of two years from the
date of approval of the last of the reserved matters to be approved in
respect of that phase. Each phase of the outline permission shall
thereafter be implemented in accordance with the approved reserved
matters in respect of that phase.
5) No more than 1,036 dwellings shall be constructed as part of the
Residential Development.
Conditions relating to Public Rights of Way and Permissive Paths
6) No phase of development hereby approved (as defined by Condition 1)
shall be begun until the full detailed design of proposed works to the
public rights of way (excluding the Hulton Trail) and permissive paths (as
defined by the approved Public Right of Way Strategy (document ref.
11305-LD-REP-800 Version 5)) within that phase have been submitted
and approved by the local planning authority. This shall include:
(i) surfacing materials;
(ii) the location of, specification for and design of any fencing, gates,
bollards or means of enclosure;
(iii) the location of, specification for and design of any gym equipment;
(iv) the location of, specification for and design of any bins or waste
storage;
(v) the location of, specification for and design of any public art,
sculptures or interpretative material; and
(vi) the location of, specification for and design of any appropriate
measures to be installed to restrict access by motor vehicles.
(vii) A code of conduct for the permissive paths
The works to public rights of way and permissive paths within each phase
shall thereafter be implemented in full, in accordance with the approved
details for that phase, prior to their first use by members of the public.
7) No part of the ‘Hulton Trail’ (as defined by the phasing scheme approved
pursuant to Condition 1) shall commence until the following details to be
provided along the route of that part, have been submitted to, and
approved in writing by, the local planning authority. The submitted
details shall be in accordance with the illustrative details shown on
drawing numbers 507C-08H, 507C-09H, 507C-10G, 507C-11G, 507C-
12G, 507C-13G and set out in the approved “Hulton Trail Context and
Delivery Report” (document ref. RT:707C.D01 Rev A) and shall comprise:
(i) surfacing materials;
(ii) the location of, specification for and design of any fencing, gates,
bollards or means of enclosure;
(iii) the location of, specification for and design of any gym equipment;
(iv) the location of, specification for and design of any bins or waste
storage;
(v) the location of, specification for and design of any public art,
sculptures or interpretative material; and
(vi) the location of, specification for and design of any appropriate
measures to be installed to restrict access by motor vehicles.
No part of the Hulton Trail shall be first used by the public until the
approved details for that part have been completed and are available for
use. No more than 499 dwellings hereby permitted shall be occupied until
the ‘Hulton Trail’ has been completed in full and opened to the public.
8) No part of Hulton Park Villages referred to in the Design and Access
Statement (document ref. 11305-LD-REP-700 Version 4) as "Park End
Farm" shall be begun until a specification and programme of
implementation for the part of the Hulton Trail which is hereby approved
in outline, as identified on approved drawing "507C-12G", haves been
submitted to, and approved in writing by, the local planning authority.
The Hulton Trail running though Park End Farm shall thereafter be
implemented in full, in accordance with the approved specification and
programme.
Conditions relating to All Development
9) No demolition, ground works, construction works, or restoration works
shall take place outside the following hours: 08:00 to 18:00 hours on
Mondays to Fridays and 09:00 to 13:00 hours on Saturdays. There shall
be no such work on Sundays or Public or Bank Holidays.
10) No phase of the development hereby approved (as defined by Condition
1) shall be begun until a Construction and Environmental Management
Plan (CEMP) in relation to that phase has been submitted to, and
approved in writing by, the Local Planning Authority. Each CEMP shall be
in accordance with the "Outline Construction Environmental and
Management Plan" (dated September 2021) and include details of the
following:
• Hours of construction and deliveries;
• Details of the precautions to be implemented to guard against the
deposit of mud and substances on the public highway, to include washing
facilities by which vehicles will have their wheels, chassis and bodywork
effectively cleaned and washed free of mud and similar substances prior
to entering the highway;
• Dust suppression measures;
• Noise emission suppression measures
• Construction routes in and around the site including swept path
analysis;
• Compound locations together with details of the storage facilities for
any plant and materials including off-site consolidation if appropriate, the
siting of any site huts and other temporary structures, including site
hoardings and details of the proposed security arrangements for the site;
• Parking of vehicles associated with construction, deliveries, site
personnel, operatives and visitors;
• Sheeting over of construction vehicles;
• Display on the site of an emergency contact number;
• Location, removal and recycling of waste;
• Monitoring of dust levels around the site boundary;
• Water management plan, including details of pre-construction and
during construction water quality monitoring, an emergency response
plan for any unexpected pollution arising during construction,
management of spillage risk Management of construction site runoff and
excess sediment, management of flood risk during construction, working
in, over, under and adjacent to water features, and restoration of the
ornamental lakes.
• An asbestos mitigation plan should asbestos been found to be present
in any building (including a programme for its implementation).
Development of that phase shall thereafter only be carried out in
accordance with the approved CEMP for that phase.
11) No phase of the development hereby approved (as defined by Condition
1), shall be begun including any tree felling or excavation works, until
details of the methods to be employed to minimise noise disturbance
during construction of that phase have been submitted to, and approved
in writing by, the local planning authority. Those details shall include the
measures detailed in Section 3 of the "Outline Construction
Environmental and Management Plan" (dated September 2021). The
approved details shall thereafter be implemented in full prior to the
commencement of any demolition or construction works and shall be
retained throughout the demolition and construction periods.
12) No phase of the development hereby approved (as defined by Condition
1), shall be begun until a scheme for the management of dust or
windblown material associated with the construction of that phase has
been submitted to, and approved in writing by, the local planning
authority. The scheme shall:
• be prepared in broad accordance with the details provided in the
"Outline Construction Environmental and Management Plan" (dated
September 2021);
• include proposals for dust deposition, dust flux and/or real time PM10
continuous monitoring locations;
• specify that baseline monitoring of dust emissions shall begin at least
three months before the construction of that phase is begun; and
• require that that phase shall not be begun until all monitoring data has
been provided to the local planning authority.
The approved details shall be implemented in full prior to commencement
of any demolition or construction works on that phase of the development
and shall be retained throughout the demolition and construction periods.
13) No phase of the development hereby approved (as defined by Condition
1) shall be begun until a detailed Water Framework Directive (WFD)
mitigation and enhancement strategy has been submitted to, and
approved in writing by, the local planning authority. The strategy shall
include:
• details and designs of all proposed de-culverting and channel diversions
• details of opportunities to re-naturalise and restore artificially modified
waterbodies such as weirs and canalised channel sections
• opportunities to incorporate low maintenance riparian semi-natural
buffers along watercourses and wetlands
• adoption of multifunctional SUDs solutions for all new surface water
discharges to Carr Brook and Hall Lee Brook waterbodies
• use of open span design for all new river crossings (unless otherwise
agreed by the Local Planning Authority)
• sensitive surface water outfall designs
• adoption of water quality and flow monitoring on main waterbodies
flowing through site
• adoption of appropriate semi-natural buffers near any new or restored
features
• details demonstrating how the buffer zone will be protected during
development
• details of any proposed footpaths, fencing and lighting near key
ecological networks.
Thereafter, the development shall be carried out in accordance with the
approved scheme.
14) No phase of the development hereby approved (as defined by Condition
1), shall commence until the following information in respect of that
phase has been submitted to, and approved in writing by, the local
planning authority:
(i) a ‘Preliminary Risk Assessment’ (PRA) to determine the potential for
that phase to be contaminated;
(ii) prior to any physical site investigation, a methodology for undertaking
an assessment to determine the nature and extent of any contamination
affecting that phase and the potential for off-site migration;
(iii) provision of a comprehensive site investigation and risk assessment
examining identified potential pollutant linkages in the approved PRA;
and
(iv) where necessary a scheme of remediation to remove any
unacceptable risk to human health, buildings and the environment.
Following the approval of the above information by the local planning
authority, each phase of the development shall be carried out in
accordance with the approved scheme of remediation (where necessary)
for that phase. The local planning authority shall be notified regarding the
presence of any additional or unforeseen contamination encountered
during the development of any phase as soon as practicably possible and
a scheme of remediation to deal with such unforeseen contamination
shall be submitted to, and approved in writing by the local planning
authority, and thereafter implemented in full in accordance with the
approved details.
Upon completion of the approved remediation schemes for each phase,
and prior to the occupation of that phase, a completion report
demonstrating that the scheme of remediation for that phase has been
appropriately implemented and the site for that phase is suitable for its
intended end use shall be submitted to the local planning authority.
15) No phase of the development hereby approved (as defined by Condition
1) shall be occupied or operated until the following off-site highway works
to the local road network have been completed and are open to traffic:
• Improvement works at A6/A579 Four Lane Ends junction, as shown on
drawing ref. “ITM10187-SK-194 Revision D"
• Improvement works at A58 Park Road / B5235 Leigh Road junction, as
shown on drawing ref. "ITM10187-SK-193".
16) No phase of the development hereby approved (as defined by Condition
1) shall commence until details of the design, construction, specification,
lighting and drainage of all internal access roads within that phase have
been submitted to and approved in writing by the Local Planning
Authority. No part of the development within each phase shall be
occupied until the internal access roads to serve that phase have been
constructed to at least base course level in accordance with the approved
details. The internal access roads for each phase shall thereafter be
completed in accordance with the approved details prior to first
occupation or operation of that phase.
17) No phase of the development hereby approved (as defined by Condition
1) shall commence unless and until the full design and construction
details of the required highway improvements to the northbound
carriageway of A58 Snydale Way and southbound carriageway of A58 /
Wigan Road on the approaches to M61 Junction 5 (as shown in
“ITM10187-SK-337 Rev A Option B1”, “ITM10187 - SK – 336 Rev A”, and
“ITM10187-SK-302 Rev A”) have been submitted to and approved in
writing by the Local Planning Authority.
The details to be submitted shall include:
• How the scheme interfaces with the existing highway alignment.
• Full signing and carriageway marking details.
• Full construction details.
• Confirmation of compliance with current standards (as set out in the
Design Manual for Roads and Bridges) (or approved relaxations /
departures from standards).
• A walking, cycling and horse-riding assessment and review (WCHAR).
• An independent Stage 2 Road Safety Audit.
The approved details shall be constructed in full and open to traffic prior
to the first occupation or operation of any part of the development
hereby approved.
18) No phase of the development hereby approved (as defined by Condition
1) shall commence unless and until a scheme, which incorporates the
signalisation of the M61 Junction 5 south bound off slip / corresponding
circulatory and formalisation of an arrangement which permits two lanes
to make the movement from the A58 Snydale Way Northbound to the
A58 Northbound exit, consistent with drawing ref “ITM10187-SK-338 Rev
A”, has been submitted to and approved in writing by the Local Planning
Authority.
The details to be submitted shall include:
• How the scheme interfaces with the existing highway alignment and the
provision of enhanced Non-Motorised User (NMU) facilities at both the
South Bound off slip and the North Bound on slip.
• Full signing and carriageway marking details.
• Full construction details.
• Confirmation of compliance with current standards (as set out in the
Design Manual for Roads and Bridges) (or approved relaxations /
departures from standards).
• A walking, cycling and horse-riding assessment and review (WCHAR)
• An independent Stage 1 and Stage 2 Road Safety Audit.
The approved details shall be constructed in full and open to traffic prior
to the first occupation or operation of any part of the development
hereby approved.
19) Notwithstanding the approved plans, prior to the commencement of any
phase of development (as defined by Condition 1) to the north of the A6
Manchester Road, details of a barrier to prevent direct vehicular or
pedestrian access between that phase and the M61 motorway shall first
be submitted to and approved in writing by the local planning authority.
The barrier shall comprise a close boarded fence or similar which is not
less than 2 metres in height and shall be erected behind (and separate
from) any existing motorway boundary fence. The approved barrier shall
be erected prior to first occupation/use of each phase of development to
the north of the A6 Manchester Road and thereafter retained.
20) No phase of the development hereby approved (as defined by Condition
1) shall commence until a detailed planting specification in respect of the
soft landscaping works to be provided within that phase has been
submitted to, and approved in writing by, the local planning authority.
Each scheme shall be prepared pursuant to, and in broad accordance
with, the detail identified by the "Indicative Planting Schedule &
Specification" (drawing ref. 11305-LD-SCH-705 Issue B) and the
associated drawings; and shall also include details of the programme for
implementing and completing the planting. No phase of the development
shall be occupied unless the soft landscaping works have been completed
in accordance with the approved specification for that phase.
21) All soft landscape works for each phase of the development hereby
approved (as defined by Condition 1) shall be carried out in accordance
with the details approved pursuant to Condition 20 for that phase and
shall comply with the relevant recommendations of appropriate British
Standards or other recognised Codes of Good Practice.
Any trees or plants that, within a period of five years after planting, are
removed, die or become, in the opinion of the local planning authority,
seriously damaged or defective, shall be replaced as soon as is
reasonably practicable with others of species, size and number as
originally approved, or with alternative species, size and number as
approved in writing by the local planning authority.
22) No phase of the development hereby approved (as defined by Condition
1) shall commence until a detailed Arboricultural Method Statement
(AMS), in accordance with ‘BS 5837:2012 Trees in relation to design,
demolition and construction - recommendations’, in relation to that phase
has been submitted to and approved in writing by the local planning
authority. Each AMS should accord with the measures set out within the
approved “Arboricultural Impact Assessment (AIA)” (document ref.
5136.06.001A Version 2.0, November 2021) and include:
• A full schedule of all retained trees, and those to be planted in
accordance with Condition 21
• A specification and minimum standards for all tree works operations
• Specifications for all temporary tree protection barriers and ground
protection types
• An induction process for arboricultural contractors
• A schedule of all approved tree removal and pruning, including details
of how arisings will be processed and used
• A schedule of all approved tree removal and pruning, including details
of how arisings will be processed and used
• A system for recording variations to tree works (including micro-siting)
in accordance with the approved documents
• Temporary measures to ensure the protection of retained and planted
trees in accordance with BS5837 during construction and major
tournaments
• Details for all special construction methodologies that are proposed to
enable the delivery of the approved tree retention schedule
• Standard details for tree protection measures in accordance with
BS5837, to be used as required during the implementation of the
approved “Woodland, Trees and Hedgerow Management Strategy”
(document ref. 5136.058 Version 2) at Appendix A of the Interim
Landscape and Habitat Management Plan, document ref. 5136.057
Version 4).
• A system, which is available for inspection by the Local Authority, that
establishes minimum contractor standards, responsibilities, briefings,
training and works specifications; the frequency and means of monitoring
and recording progress and compliance with approved tree works, tree
protection, tree planting and special construction measures; and a
procedure for recording non-compliance and subsequent remedial
actions, in accordance with AIA paragraph 7.99 (i) to (vii)
No phase of the development shall be occupied until all works set out in
the approved AMS in respect of that phase have been completed. The
approved works shall thereafter be maintained.
23) The development hereby approved shall not be begun until, a scheme for
investigation of the landscape history of the Registered Park and Garden,
written analysis and interpretation of that history, and timescales for
their publication, has been submitted to, and approved in writing by, the
local planning authority. Development shall thereafter be implemented in
accordance with the approved details.
24) No phase of the development hereby approved (as defined by Condition
1) shall commence until a Written Scheme of Investigation (WSI) for
undertaking archaeological assessment and recording work within that
phase has been submitted to, and approved in writing by, the local
planning authority.
The WSI shall cover the following:
1. A phased programme and methodology of investigation and recording
to include:
• historic building and structures investigations (Historic England Level
1-3);
• archaeological evaluation through trial trenching;
• pending the results of the above, targeted excavation and / or an
archaeological watching brief (subject to an updated WSI);
• a community-led excavation of the 17th-century hall.
2. A programme for post-investigation assessment to include:
• analysis of the site investigation records and finds;
• production of a final report on the results of the investigations and
their significance.
3. Deposition of the final reports with the Greater Manchester Historic
Environment Record.
4. Dissemination of the results of the archaeological investigations
commensurate with their significance, including a scheme to display and
interpret heritage features and publication in an appropriate format.
5. Provision for archive deposition of the report and records of the site
investigation.
6. Nomination of a competent person or persons/organisation to
undertake the works set out within the approved WSI.
Each phase of the development hereby approved shall be implemented in
accordance with the approved WSI for that phase.
25) Prior to the construction of the Highway Infrastructure between the A6
and A58 and notwithstanding the details approved on drawing ref.
“ITM10187-GA-324”, a scheme in respect of the proposed highway and
associated works across the ‘Chequerbent Incline’ embankment shall be
submitted to and approved in writing by the local planning authority.
Notwithstanding the details on drawing ref. “ITM10187-GA-324” the
completed works to the embankment shall be reduced to the minimum
extent practicable and, in any event, no more than 21 metres in breadth
at their widest point, unless otherwise agreed ibn writing by the local
planning authority.
The scheme shall include:
(a) a programme for its implementation; and
(b) details of the proposed repair, preservation, enhancement and
maximisation of public appreciation of the embankment based on the
strategy and principles set out in the “Chequerbent Embankment
Mitigation Framework (dated July 2022)”, which shall include:
(i) Removal of self-seeded vegetation.
(ii) Repairs to the masonry and structure of the embankment.
(iii) Proposals for future landscape management.
(iv) Proposals for public access and appreciation to enhance the public
understanding, cultural value and benefits of the history of the
embankment; and
(v) Proposals to enhance an understanding of the structure.
The approved scheme shall be implemented and thereafter retained and
open for public use. The Highway Infrastructure between the A6 and A58
will be constructed in complete accordance with the approved scheme
and thereafter retained.
26) The free-field noise rating level (LAr,Tr) as defined in
BS4142:2014+A1:2019, of any new external fixed plant and equipment
when operating simultaneously or individually, shall not exceed the
measured daytime and/or night-time background sound level at 1m from
the façade of the nearest and most exposed noise-sensitive receptors,
including those locations specified in Table A12.6.1 of “Environmental
Statement Update November 2021, Volume 3, Appendix 12.6:
Operational Noise Assessment – Scenario 1, Full Development”.
Prior to any new external fixed plant and equipment within each phase of
the development (as defined by Condition 1) being brought into use,
including any United Utilities Pumping Stations, a noise assessment of
that plant and equipment shall be submitted to and approved in writing
by the local planning authority. The report shall include all the
information specified in Clause 12 of BS4142:2014+A1:2019 and details
of any mitigation proposed to achieve the rating level.
Each phase of the development hereby approved shall be implemented in
accordance with the approved details and retained thereafter.
27) Prior to the installation of any external lighting within each phase of the
development hereby approved (as defined by Condition 1) a scheme for
that external lighting shall be submitted to, and approved in writing by,
the local planning authority. The scheme shall be prepared in broad
accordance with the details and parameters provided in the “Lighting
Impact Assessment” (document ref. 2913 P5, 16 September 2021) and
illustrated on the “External Lighting Proposals” (drawing ref. “3329-KIN-
XX-XX-E-DR-6300 PL2)”.
If applicable to that phase, the submitted scheme shall include details
regarding the protection of key features of importance for barn owls and
bats as identified in the “Bat Management Strategy” (document ref.
5136.065 V4) and “Barn Owl Management Strategy” (document ref.
5136.064 V2) at Appendix H and G of the “Interim Landscape and Habitat
Management Plan” respectively. The scheme should also be in accordance
with the Bat Conservation Trust and Institution of Lighting Professionals
‘Guidance Note 08/18 - Bats and artificial lighting in the UK’.
With the exception of temporary external lighting installed for the
purposes of staging a golf tournament pursuant to Condition 56, the
external lighting shall:
i. be designed to an illumination value of 5 lux at the nearest
residential property; and
ii. achieve a beam angle below 70 degrees and be fitted with spill
shields where it is directed towards any potential observer.
With the exception of temporary external lighting installed for the
purposes of staging a golf tournament pursuant to Condition 57:
(a) no external lighting shall be provided otherwise than in accordance
with the approved scheme; and
(b) all external lighting shall thereafter be maintained in accordance
with the approved scheme.
28) Prior to the commencement of each phase of the development, an air
quality appraisal for that phase shall be submitted to, and approved in
writing, by the Local Planning Authority. The appraisal shall include:
(a) a damage cost calculation carried out in accordance with the ‘Air
Quality Appraisal: Damage Cost Guidance, Updated March 2021, Defra;
and
(b) a report that identifies any proposed mitigation measures that are
necessary having regard to the calculation that was carried out; and
(c) a programme for the implementation of the mitigation measures (if
any) that were identified in the report.
Thereafter, the mitigation measures (if any) shall be implemented and
retained in accordance with the approved air quality appraisal in respect
of that phase.
29) No phase of the development hereby approved shall be begun until the
following information in respect of that phase has been submitted to, and
approved in writing by, the local planning authority:
i. a scheme of intrusive site investigations of the relevant land (if any)
within that phase for mine entries and shallow coal workings, including
gas monitoring;
ii. a report of findings of the intrusive site investigations undertaken
pursuant to (i) above;
iii. a scheme of treatment and/or mitigation measures/remedial works for
mine entries and/or shallow coal workings, including a programme for the
implementation and maintenance of those works.
The respective phase of development shall be carried out in accordance
with the approved details and thereafter retained.
The Full Planning Permission
30) The full permission shall be carried out in accordance with the following
approved plans:
• Illustrative Landscape Masterplan: Site Wide (Outline Development)
Option B (drawing ref. 11305-LD-PLN-104 Issue A) (Only in so far as it
relates to those areas of the site hereby approved in full).;
• Demolition Plan (drawing ref. 11305-LD-PLN-010 Rev D);
• Restoration Plan (drawing ref. 11305-LD-PLN-011 Rev D);
• The Dovecote (Grade II Listed): Elevations and Masonry Repairs
(drawing ref. dov/Ibc/001);
• The Dovecote (Grade II Listed): Plans & Sections (drawing ref.
dov/lbc/002);
• Golf Grading Overview (drawing ref. 1342.405.01 Rev D);
• Golf Grading 1 of 4 (drawing ref. 1342.405.02 Rev C);
• Golf Grading 2 of 4 (drawing ref. 1263.405.03 Rev B);
• Golf Grading 3 of 4 (drawing ref. 1263.405.04 Rev B);
• Golf Grading 4 of 4 drawing ref. 1263.405.05 Rev B);
• Golf Grading Analysis (Alternative A6-A58 Connection) (drawing ref.
1342.415.03)
• General Arrangement Overview Plan (drawing ref.
LUC_11305_LD_PLN_200 Issue D);
• General Arrangement Plans Site Wide (3 of 29) (drawing ref.
LUC_6628_LD_PLN_203 Issue D);
• General Arrangement Plans Site Wide (4 of 29) (drawing ref.
LUC_6628_LD_PLN_204 Issue E);
• General Arrangement Plans Site Wide (5 of 29) (drawing ref.
LUC_6628_LD_PLN_205 Issue E);
• General Arrangement Plans Site Wide (6 of 29) (drawing ref.
LUC_6628_LD_PLN_206 Issue E);
• General Arrangement Plans Site Wide (7 of 29) (drawing ref.
LUC_6628_LD_PLN_207 Issue E);
• General Arrangement Plans Site Wide (8 of 29) (drawing ref.
LUC_6628_LD_PLN_208 Issue E);
• General Arrangement Plans Site Wide (9 of 29) (drawing ref.
LUC_6628_LD_PLN_209 Issue E);
• General Arrangement Plans Site Wide (10 of 29) (drawing ref.
LUC_6628_LD_PLN_210 Issue E);
• General Arrangement Plans Site Wide (11 of 29) (drawing ref.
LUC_6628_LD_PLN_211 Issue D);
• General Arrangement Plans Site Wide (12 of 29) (drawing ref.
LUC_6628_LD_PLN_212 Issue E);
• General Arrangement Plans Site Wide (13 of 29) (drawing ref.
LUC_6628_LD_PLN_213 Issue E);
• General Arrangement Plans Site Wide (14 of 29) (drawing ref.
LUC_6628_LD_PLN_214 Issue E);
• General Arrangement Plans Site Wide (15 of 29) (drawing ref.
LUC_6628_LD_PLN_215 Issue E);
• General Arrangement Plans Site Wide (16 of 29) (drawing ref.
LUC_6628_LD_PLN_216 Issue E);
• General Arrangement Plans Site Wide (17 of 29) (drawing ref.
LUC_6628_LD_PLN_217 Issue D);
• General Arrangement Plans Site Wide (18 of 29) (drawing ref.
LUC_6628_LD_PLN_218 Issue D);
• General Arrangement Plans Site Wide (19 of 29) (drawing ref.
LUC_6628_LD_PLN_219 Issue D);
• General Arrangement Plans Site Wide (20 of 29) (drawing ref.
LUC_6628_LD_PLN_220 Issue E);
• General Arrangement Plans Site Wide (21 of 29) (drawing ref.
LUC_6628_LD_PLN_221 Issue E);
• General Arrangement Plans Site Wide (22 of 29) (drawing ref.
LUC_6628_LD_PLN_222 Issue E);
• General Arrangement Plans Site Wide (23 of 29) (drawing ref.
LUC_6628_LD_PLN_223 Issue D);
• General Arrangement Plans Site Wide (24 of 29) (drawing ref.
LUC_6628_LD_PLN_224 Issue D);
• General Arrangement Plans Site Wide (25 of 29) (drawing ref.
LUC_6628_LD_PLN_225 Issue E);
• General Arrangement Plans Site Wide (26 of 29) (drawing ref.
LUC_6628_LD_PLN_226 Issue E);
• General Arrangement Plans Site Wide (27 of 29) (drawing ref.
LUC_6628_LD_PLN_227 Issue E);
• General Arrangement Plans Site Wide (28 of 29) (drawing ref.
LUC_6628_LD_PLN_228 Issue A);
• General Arrangement Plans Site Wide (29 of 29) (drawing ref.
LUC_6628_LD_PLN_229 Issue A);
• External Lighting Proposals (drawing ref. 3329-KIN-XX-XX-E-DR-6300
PL2);
• Utility Proposals (drawing ref. 3329-KIN-XX-EX-ME-DR-6000 PL2);
• Clubhouse Lower Ground Floor General Arrangement Plan (drawing ref.
L(20)24 38 A);
• Clubhouse Ground Floor General Arrangement Plan (drawing ref.
L(20)39A);
• Clubhouse Roof General Arrangement Plan (drawing ref. L(20)40A);
• Clubhouse General Arrangement Elevations (drawing ref. L(20)41A);
• Clubhouse Section A-A (drawing ref. L(20)42);
• Clubhouse Car Park (drawing ref. L(20)45);
• Academy Ground Floor General Arrangement Plan (drawing ref.
L(20)27A);
• Academy Roof General Arrangement Plan (drawing ref. L(20)28B);
• Academy General Arrangement Elevations (drawing ref. L(20)51);
• Academy Sections A-A B-B C-C (drawing ref. L(20)19A);
• 9 Hole Adventure Golf & 9 Hole Ryder Cup Course (no drawing ref);
• Hotel Lower Ground Floor General Arrangement Plan (drawing
ref.L(20)01);
• Hotel Ground Floor General Arrangement Plan (drawing ref.L(20)02);
• Hotel First Floor General Arrangement Plan (drawing ref. L(20)03);
• Hotel Second Floor General Arrangement Plan (drawing ref.L(20)04);
• Hotel Third Floor General Arrangement Plan (drawing ref. L(20)05);
• Hotel Fourth Floor General Arrangement Plan (drawing ref.L(20)06);
• Hotel Roof General Arrangement Plan (drawing ref. L(20)07A);
• Hotel Elevations North & South (drawing ref. L(20)46);
• Hotel Elevations East & West (drawing ref. L(20)47A);
• Hotel Sections A-A B-B (drawing ref. L(20)48);
• Maintenance Shed Ground Floor Plan (drawing ref. L(20)49A);
• Maintenance Shed General Arrangement Elevations & Sections (drawing
ref. L(20)50A);
• Bridge 01 GA and Section (drawing ref. 60648596-AEC-XX-XX-DR-C-
00020 P1);
• Bridge 02 (Stone) GA and Section (drawing ref. 60648596-AEC-XXXX-
DR-C-00021 P2);
• Bridge 02 (Steel) GA and Section (drawing ref. 60648596-AEC-XXXX-
DR-C-00031 P1);
• Bridge 03 GA and Section (drawing ref. 60648596-AEC-XX-XX-DR-C-
00022 P1);
• Bridge 04 GA and Section (drawing ref. 60648596-AEC-XX-XX-DR-C-
00023 P1);
• Bridge 05 GA and Section (drawing ref. 60648596-AEC-XX-XX-DR-C-
00024 P1);
• Bridge 07 GA and Section (drawing ref. 60648596-AEC-XX-XX-DR-C-
00026 P1);
• Bridge 08 GA and Section (drawing ref. 60648596-AEC-XX-XX-DR-C-
00027 P1);
• Bridge 09 GA and Section (drawing ref. 60648596-AEC-XX-XX-DR-C-
00028 P1);
• Bridge 10 GA and Section (drawing ref. 60648596-AEC-XX-XX-DR-C-
00029 P1);
• Bridge Location Plan Option B (drawing ref. 60648596-AEC-XX-XXDR-C-
00036 - P1);
• A6 - A58 Snydale Way Option B Bridge 1B (drawing ref. 60648596-
AEC-XX-XX-DR-C-00037 P1);
• A6 - A58 Snydale Way Option B Bridge 2B (drawing ref. 60648596-
AEC-XX-XX-DR-C-00038 P1);
• A6 - M61 Jct 5 Bridge 03 GA and Section (drawing ref. 60648596-AEC-
XX-XX-DR-C-00034 P1);
• A6 - A58 Snydale Way Option B Bridge 4 (drawing ref. 60648596-AEC-
XX-XX-DR-C-00039 P1);
• Detailed Area; Hotel and Pleasure Grounds, Sheets 1 to 4 (drawing refs.
11305-LD-PLN-230 Issue C, 11305-LD-PLN-231 Issue C, 11305-LD-PLN-
232 Issue C and 11305-LD-PLN-233 Issue C)
• Detailed Area; Clubhouse (drawing ref. 11305-LD-PLN-234 Issue E);
• Detailed Area; Golf Academy (drawing ref. 11305-LD-PLN-235 Issue
D);
• Detailed Area; Golf and Academy Entrance (drawing ref. 11305-LDPLN-
236 Issue D);
• Hedges Created, Lost and Retailed (drawing ref. G5136.098A);
• Proposed Internal Road Layout (drawing ref. 60648596-AEC-XX-XXDR-
C-00010 P4);
• Construction Pavement Details (drawing ref. 60648596-AEC-XX-XXDR-
C-00011 P2);
• Underpass GA and Sections (drawing ref. 60648596-AEC-XX-XX-DRC-
00012 P1);
• Park Avenue - A58 Snydale Way Connection OPTION B (drawing ref.
ITM10187-SK-324);
• A58 Snydale Way Roundabout – Proposed Park Avenue Connection
(drawing ref. ITM10187-SK-325);
• Park Avenue/A6 Roundabout (drawing ref. ITM10187-SK-244B);
• Park Avenue (Route through RPG) (drawing ref. ITM10187-SK-317);
• Proposed A6 Manchester Road/Golf Resort/Golf Academy Accesses
(drawing ref. ITM10187-SK-197C).
• Park Avenue - A58 Snydale Way Connection Option B1 M61 J5
Roundabout Mitigation Scheme (drawing ref. ITM10187-SK-337 Rev A)
• Park Avenue - A58 Snydale Way Connection Option B1 M61 J5
Signalisation Mitigation (drawing ref. ITM10187-SK-338)
31) Notwithstanding the approved plans, no phase of the full permission (as
defined by Condition 1) shall commence until the following details in
respect of that phase have been submitted to, and approved in writing
by, the local planning authority:
1. all materials to be used on all external elevations of any buildings;
2. all materials to be used in respect of hard landscaping works, including
boundary treatments and surfacing materials;
3. any materials to be imported to the site for the purpose of constructing
the golf course;
4. the colour of the materials to be used to surface buggy paths;
5. the location, scale and appearance of direction signs, tee markers, hole
flags and other golf course furniture required for the operation of the golf
resort;
6. the detailed design of any lakes or waterbodies associated with the
golf course;
7. the detailed design of any watercourse crossings or other structures
and or works that physically affect water bodies;
8. a detailed scheme in respect of the golf buggy underpass, to be
prepared in broad accordance with the "Underpass GA and Sections"
(drawing ref. 60648596-AEC-XX-XX-DRC- 00012 P1); and
9. details of the existing and proposed site levels and finished floor levels
of the buildings and the level of the proposed roads, footpaths and other
landscaped areas relative to above ordnance datum points, the location
of which has previously been approved by the local planning authority.
The full permission shall thereafter be carried out in accordance with the
approved details.
32) The Adventure Golf Course, hereby approved as shown on drawing "9
Hole Adventure Golf & 9 Hole Ryder Cup Course", shall not be begun until
details of its layout, appearance, scale and landscaping have been
submitted to, and approved in writing by, the local planning authority.
The Adventure Golf Course shall thereafter be implemented in full in
accordance with the approved details prior to its first use.
33) The Landform Art, hereby approved as shown on Illustrative Landscape
Masterplan: Site Wide (Outline Development) Option B (drawing ref.
11305-LD-PLN-104 Issue A), shall not be begun until details of its layout,
appearance, scale and landscaping have been submitted to, and
approved in writing by, the local planning authority. The Landform Art
shall thereafter be implemented in full in accordance with the approved
details prior to its first use.
34) Prior to the commencement of each phase of the full permission (as
defined by Condition 1) a detailed specification for the restoration of
historic structures and features, as identified within the “Historic
Structures: Condition/Repair Issues Report” (Version 4, June 2021),
within that phase shall be submitted to, and approved in writing by, the
local planning authority.
The specification for each phase shall be prepared in accordance with the
“Historic Structures: Condition/Repair Issues Report” (Version 4, June
2021) and shall include:
i. a detailed condition survey of all historic structures and features
within that phase, as identified in that report, including all lakes,
streams, dams and cascades;
ii. a schedule of restoration works for each structure and feature;
iii. the method of restoration works for each structure and feature;
and
iv. a programme for the implementation of the proposed restoration
works for each structure and feature.
Each phase of the full permission shall thereafter be carried out in
accordance with the approved specification and programme.
35) Prior to the de-silting of the Ornamental Lakes at Back O'th Lawn Woods
and Mill Dam, a Lake De-Silting and Restoration Plan shall be submitted
to, and approved in writing by, the Local Planning Authority. The Plan
shall include:
• plans showing the extent and working footprint of de-silting proposals
• details of any preliminary invasive non-native species, tree/scrub or fish
removal required.
• the preferred de-silting technique to be adopted.
• temporary access and working arrangements to undertake de-silting
operations.
• pollution prevention measures to be adopted during de-silting
operations.
• the proposed treatment of excavated silt and sediments.
• methodology of refilling de-silted lakes.
• proposals for landscape reinstatement and the restoration of the lakes
and associated banksides.
• a task specific water management plan.
• a task specific waste management plan.
• a programme for implementation.
• details of the proposed temporary haul roads, in accordance with the
outline routes presented within drawing refs. PSAMACM-XXXX-DR-CE-
0031 and PSAM-ACM-XX-XX-DR-CE-0032 (within the Outline Lake
Desilting Feasibility Study, ref. MARP0001/PJP/LE/LB/Revision 2) unless
otherwise agreed in writing by the local planning authority.
Thereafter, the development shall be carried out in accordance with the
approved Plan. Thereafter, the works set out in the approved Plan shall
be maintained.
36) Prior to operation or occupation of each phase of the development within
the Registered Park and Garden (as defined by Condition 1) the
specification for and design of interpretative signage and other material
to be provided in that phase shall be submitted to, and approved in
writing by, the local planning authority. The approved scheme for each
phase shall be completed prior to first operation or first occupation of
that phase and thereafter retained.
37) Prior to the demolition of Hulton Cottage, details of the relocation of the
blue heritage plaque presently mounted on Hulton Cottage shall be
submitted to, and approved in writing by, the local planning authority.
The details shall include a programme for relocation of the plaque. The
blue heritage plaque shall be displayed in accordance with the approved
details and thereafter permanently retained in that position.
38) Prior to the operation of the Hulton Hall Golf Resort hereby approved, the
detailed design of 6 (no.) 'bat hotels' shall be submitted to, and approved
in writing by, the local planning authority. The bat hotels shall thereafter
be installed in accordance with the approved design and in the locations
identified on approved drawing ref. G5136.113, as enclosed within the
“Bat Management Strategy” (document ref. 5136.065 V4) at Appendix H
of the “Interim Landscape and Habitat Management Plan” prior to the
operation of the golf resort.
Thereafter, the bat hotels shall be retained in accordance with the
approved details.
39) Prior to the demolition of any of the buildings at Home Farm, a barn owl
method statement in respect of each of those buildings shall be
submitted to, and approved in writing by, the local planning authority.
The method statement shall be prepared in broad accordance with the
details provided in the “Barn Owl Management Strategy” (document ref.
5136.064 V2) at Appendix G of the “Interim Landscape and Habitat
Management Plan”. The demolition works shall thereafter be undertaken
in accordance with the approved method statement.
40) Prior to the construction of the Clubhouse hereby approved, a planting
specification and maintenance plan for the areas of green roof shown on
the “Clubhouse Roof General Arrangement Plan” (reference: L(20)40A)
shall be submitted to, and approved in writing by, the local planning
authority. The planting specification should include a wildflower species
mix.
The green roof shall be installed prior to the first use of the Clubhouse in
accordance with the approved details. Thereafter it shall be maintained in
accordance with the approved maintenance plan.
41) Prior to the first operation of the hotel complex, a scheme for traffic
control measures, including appropriate signage, which imposes a one-
way traffic system along the historic driveway, shall be submitted to, and
approved in writing by, the local planning authority. The scheme shall be
implemented in full, in accordance with the approved details prior to the
first operation of the hotel complex and permanently retained thereafter.
42) Prior to the first operation of the Hulton Hall Golf Resort, a travel plan for
the Golf Resort shall be submitted to, and approved in writing by, the
local planning authority. The travel plan should be consistent with the
objectives, targets, governance arrangements and monitoring schedule
set out in the “Hulton Hall and Golf Resort Framework Travel Plan”
(document ref. ITM10187-043 Rev A).
The Hulton Hall Golf Resort shall be operated at all times in accordance
with the approved travel plan.
43) Prior to the occupation or operation of the Hulton Hall Golf Resort a
scheme shall be submitted and approved in writing by the Local Planning
Authority, which details the measures that will be implemented to
manage and/or mitigate the propensity for errant golf balls to present a
risk to users of the Strategic Road Network. The management and/or
mitigation scheme shall be implemented in accordance with the approved
scheme throughout the lifetime of the development.
44) The operational hours of the Hulton Hall Golf Resort shall be limited as
follows:
The Golf Course
• The Golf Course shall only be open to patrons between 06:00 hours and
22:00 hours daily.
• The Golf Course, Maintenance Building/facility shall only be operated
between 05:00 hours to 23:30 hours daily
• No grass mowing/cutting at the golf course should be undertaken
between the hours of 22:00 and 05:00.
• No grass mowing/cutting at Holes 14 & 15 of the golf course should be
undertaken prior to 07:00.
• There shall be no mowing/cutting of rough/semi-rough/far rough areas
of the golf course prior to 07:00.
• All greens and tees within the golf course should be mowed with a
mower with a sound level not exceeding 101dBLW.
The Clubhouse
• The Clubhouse shall only be open to patrons between 06:00 hours and
00:00 hours daily, except during the staging of a golf tournament.
• Use of the rooftop terrace of the Clubhouse shall only take place
between the hours 08:00 to 22:00 at all times.
The Academy
• The Academy shall only be open to patrons between 06:00 hours and
22:00 hours daily.
• External lighting used for the operation of the driving range shall be not
be switched on between 22:00 hours and 06:00 hours daily.
• Grass cutting at the Academy site shall only take place between the
hours of 08:00 hours to 20:00 hours daily.
• Grass cutting of within the Academy should be mowed with a mower
with a sound level not exceeding 101dBLW.
• Between the 22:00 hours and 06:00 hours daily any ball collector used
must not exceed background noise levels at 1m from the façade of the
nearest and most exposed noise-sensitive receptors, including those
locations specified in Table A12.61 of “Environmental Statement Update
November 2021, Volume 3, Appendix 12.6: Operational Noise
Assessment – Scenario 1, Full Development”.
Deliveries and Servicing
• No deliveries shall be taken at, or despatched from, the Clubhouse,
Academy building, Maintenance Compound or the Hotel complex other
than between 08:00 hours and 21:00 hours daily.
45) Prior to the first operation of the Hulton Hall Golf Resort, a Noise
Management Plan (NMP) containing details of the methods to be
employed to prevent noise disturbance during the operating hours of the
Golf Resort (as defined by Condition 44) shall be submitted to, and
approved in writing by, the local planning authority. The approved details
shall be implemented prior to first operation of the golf resort and shall
thereafter be operated and retained in accordance with the approved
NMP.
46) The free-field noise rating level (LAr,Tr), as determined by the
methodology given in BS4142:2014+A1:2019, from all sources
associated with the Hulton Hall golf resort covered under the scope of BS
4142:2014, when operating simultaneously or individually, shall not
exceed the background sound levels (LA90,T) at 1m from the façade of
the nearest and most exposed noise-sensitive receptors, including those
locations that are specified in “Table 12.10 of Chapter 12 of
Environmental Statement Update November 2021”.
47) The Academy hereby approved, shall not be brought into use until a 1.8
metre-high, close-boarded acoustic fence has been erected in the location
identified by drawing refs. “LUC-11305-LD-PLN-202 Issue E”, “LUC-
11305-LD-PLN-205 Issue E” and “LUC-11305-LD- PLN-206 Issue E”, with
the exception of the fence around the property Knowles Bridge Farm as
shown on plan “LUC-11305-LD-PLN-202 Issue E”. The barrier shall be
constructed from continuous, imperforate material with a minimum mass
of 12 kg/m2 and is to extend from the ground to a minimum height of
1.8m. The fence shall be retained thereafter.
48) At least 60 days prior to the first hosting of any outdoor public access
events on the site within any given calendar year, a programme of such
events for that calendar year shall be submitted to and approved in
writing by the local planning authority. Each programme shall identify the
frequency, timings and other organisational details of such events, and
shall thereafter be implemented in accordance with the approved details.
Each programme shall include the following details:
• All outdoor events to be held within the Registered Park and Garden;
• Outdoor events to be held in the Great Park, including outdoor music
events (of which there shall be no more than 3no. per calendar year),
outdoor theatre events and any such other outdoor events;
• Outdoor events to be held within the grounds of the Hotel, including
outdoor theatre events, outdoor catering, and any such other outdoor
events;
• Outdoor events to be held at the Health & Wellbeing Hub which are
anticipated to have participants/spectators exceeding 250 persons;
• Any noise mitigation measures to be implemented for each event,
including noise level restrictions, timing restrictions, and any other such
measures to minimise noise impact; and
• An Event and Travel Management Plan for each type of event to be held
in that calendar year.
49) Prior to the first operation of the Hulton Hall Golf Resort, a scheme for
the provision of electric vehicle charging points within the golf resort shall
be submitted to, and approved in writing by, the local planning authority.
The scheme shall be prepared in accordance with the Institute of Air
Quality Management (IAQM) Guidance on Land Use Planning and
Development Control: Planning for Air Quality (Version 1.2, January
2017) and comprise 10% of the total parking provision in the golf resort.
The charging points shall be provided in accordance with the approved
scheme prior to the first operation of the golf resort and permanently
maintained thereafter.
50) Prior to the first operation of the clubhouse, academy building, and hotel
complex, a scheme for the installation of equipment to control the
emission of fumes and smells/odours from the respective buildings/uses
shall be submitted to, and approved in writing by, the local planning
authority. The requirements of the scheme shall be in line with EMAQ
“Guidance on the Control of Odour and Noise from Commercial Kitchen
Exhaust Systems” 2018.
Neither the clubhouse, academy building, nor the hotel complex shall be
occupied until the equipment to control the emission of fumes and
smells/odours in respect of that building(s), has been installed in
accordance with the approved scheme. The equipment shall thereafter be
operated and maintained at all times in accordance with the
manufacturer's instructions.
51) The Hulton Hall Golf Resort shall achieve the Golf Environmental
Organisation (GEO) Certified® Development 'Sustainable Golf'
accreditation. The Hulton Hall golf resort shall not be begun until a GEO
Certified® pre-construction report setting out the means by which the
golf resort will be implemented in order to secure the accreditation, is
submitted to, and approved in writing by, the local planning authority.
Within six months of the completion of the Hulton Hall Golf Resort, a GEO
Certified® completion report identifying the extent to which the
development has been undertaken in accordance with the approved pre-
construction report and certifying that the development has achieved the
GEO Certified® Development 'Sustainable Golf' accreditation shall be
submitted to the local planning authority.
52) The Clubhouse, Academy building, Hotel Complex, Lodges, Cabins and
Restaurant with Rooms, within the Hulton Hall Golf Resort shall achieve
an ‘excellent' Building Research Establishment Environmental Assessment
Methodology (BREEAM) rating under the BREEAM UK 2018 New
Construction Methodology (or any subsequent replacement). The
construction of the Clubhouse, Academy building and/or the Hotel
complex shall not be begun until an Interim Certification of the stipulated
BREEAM rating of the respective buildings has been submitted to and
approved in writing by the local planning authority.
Within six months of the completion of the Clubhouse, Academy Building
and Hotel complex, a Final Certificate certifying that each building has
achieved the stipulated BREEAM rating shall be submitted to the local
planning authority.
53) Prior to the operation of the Golf Resort, a long-term sustainable
management strategy will be submitted to, and approved in writing by,
the local planning authority. The requirements of the scheme shall be in
line with the approved “Sustainability Strategy, September 2021”. All
measures shall be implemented in full in accordance with the approved
scheme and retained thereafter for the lifetime of the development.
54) No temporary facilities associated with any golf tournament to be held at
the Hulton Hall Golf Resort shall be erected or installed until details of
their scale, landscaping, access, appearance and layout, and details of
any associated works relating to their installation including the removal of
such facilities and restoration of the land upon which the temporary
facilities are to be erected, have been submitted to, and approved in
writing by, the local planning authority. The temporary facilities shall be
erected and installed in accordance with the approved details and in
accordance with an approved timetable which shall include a timetable for
removal of all temporary structures and facilities and any reinstatement
provisions.
55) No works associated with the temporary grading operations required to
facilitate the hosting of the Ryder Cup, the location of which works is
defined by the “Interim Temporary Grading Operations Areas” (drawing
ref. 11305-LD-PLN-002 Rec C), shall commence until full details of the
works, including existing site levels, proposed site levels required for
delivery of the temporary golf staging, a programme for implementation
and proposals for restoration of the land (including a programme for such
restoration), have been submitted to and approved by the local planning
authority.
The works shall be carried out and the land subsequently restored in
accordance with the approved details.
56) Prior to staging any golf tournament at the site, an Event and Travel
Management Plan (ETMP) shall be submitted to, and approved in writing
by, the local planning authority. The ETMP shall be prepared in
accordance with the principles set out in the “Interim Event and Travel
Management Plan” (document ref. ITM10187-046A) and shall include:
i. measures relating to the management of impacts on ecology, which
shall include details concerning the protection of bluebells following
the completion of a bluebell survey to be undertaken in the month of
May preceding the relevant tournament and in line with the details
provided in the “Native Bluebell Management Strategy” (document
ref. 5136.059 V2) at Appendix B of the “Interim Landscape and
Habitat Management Plan”;
ii. a strategy for the installation of temporary external lighting, which
shall include details concerning a) the protection of features of
importance for bats as identified in the “Bat Management Strategy”
(document ref. 5136.065 V4) at Appendix H of the “Interim Landscape
and Habitat Management Plan”, and b) a programme for the removal
of the temporary lighting after its installation; and
iii. measures relating to the management of impacts on arboriculture,
which shall include details of all temporary tree protection measures
for use during the relevant tournament, timing of installation and
specifications for all physical barriers, and a strategy for monitoring
effects, demobilisation and reinstatement in accordance with the
“Arboricultural Impact Assessment” (document ref. 5136.06.001
Version 2.0, November 2021) and Appendix A of the “Interim
Landscape and Habitat Management Plan”.
iv. An environmental management plan, setting out measures to
prevent the pollution and physical damage to water bodies including
an emergency response plan to address unexpected incidents arising
from the operation of golf tournaments, in accordance with Chapter
14 “Environmental Statement Update November 2021, Volume 1”.
No golf tournament shall be held otherwise than in accordance with the
approved ETMP. All restoration and/or reinstatement works shall be
carried out in accordance with the approved ETMP.
57) No phase of development hereby approved in full (as defined by
Condition 1) shall commence (including earthworks) until a scheme for
preventing damage, as a result of the development, to any existing water
mains under the control of United Utilities (or their successor(s) in title)
that are laid within the site boundary, has been submitted to and
approved in writing by the local planning authority.
The scheme shall include a construction method statement detailing the
measures to protect United Utilities’ assets during:
i. any site investigation work;
ii. the construction and decommissioning of all development phases,
including proposed landscaping; and
iii. the future day to day operation and maintenance of the
development.
The scheme must also include proposals for reinforcement of any
crossing points to ensure United Utilities’ assets are protected from heavy
loads during and after construction. The details shall outline the potential
impacts on the water mains from construction activities (including the
construction compound) and the impacts post completion of the
development on the water main infrastructure that crosses the site and
identify any mitigation measures (together with a programme for their
implementation) to protect and prevent any damage to the water main
both during construction and post completion of the development.
All mitigation measures shall be implemented in full in accordance with
the approved scheme and retained thereafter for the lifetime of the
development. The approved method statement shall be in line with
United Utilities’ document ‘Standard Conditions for works adjacent to
pipelines’ (document ref. 90048, Issued 3.1, July 2015).
58) No phase of development hereby approved in full (as defined by
Condition 1) shall commence until details of a sustainable surface water
drainage scheme and foul water drainage scheme for that phase, in broad
accordance with the “Indicative Drainage Strategy Report” (document
ref. 60648956-AEC-XX-XX-RP-C-00001 P3), have been submitted to and
approved in writing by the Local Planning Authority.
Each drainage scheme must include:
• An investigation of the hierarchy of drainage options in the National
Planning Practice Guidance (or any subsequent amendment thereof);
• A restricted rate of discharge of surface water;
• Levels of the proposed drainage systems including proposed ground
and finished floor levels in AOD;
• Details of any mitigation measures to manage the risk of sewer
surcharge;
• An overland flow and exceedance plan;
• Proposals to ensure that foul and surface water drain on separate
systems;
• Details of an appropriate water quality risk assessment to ensure
adequate treatment of diffuse or point source urban pollutants in
surface water runoff;
• Confirmation that it shall comply with the Non-Statutory Technical
Standards for Sustainable Drainage Systems (March 2015) (or any
subsequent replacement national standards); and
• A timetable for implementation.
Each approved scheme shall be carried out and no surface water shall
discharge to the public combined or foul sewer either directly or
indirectly.
Thereafter, each approved drainage scheme shall be retained for the
lifetime of the development.
59) No phase of the Hulton Hall Golf Resort (as defined by Condition 1) shall
commence until details of a golf course surface water runoff water quality
monitoring programme (including a programme for its implementation)
has been submitted to, and approved in writing by, the local planning
authority. The approved water quality monitoring programme shall be
undertaken for a minimum of three years.
Data generated by the approved monitoring programme will be used to
inform the development of the most sustainable ongoing grass
management strategy for the golf course.
60) Prior to the Hulton Hall Golf Resort first being brought into use, a scheme
which details the design, location and size of facilities to store refuse and
waste materials for the Clubhouse, Academy Building, Maintenance
building and Hotel complex shall be submitted to, and approved in writing
by, the local planning authority. The approved scheme shall be
implemented in full prior to the first operation of the golf resort and
permanently retained thereafter.
The Outline Planning Permission
61) The outline permission shall be carried out in accordance with the
following approved plans and documents:
• Parameters Plan (drawing ref. NS010-PP-001-G);
• Demolition Plan (drawing ref. 11305-LD-PLN-010 Rev D);
• Design and Access Statement (document ref. 11305-LD-REP-700
(Version 4))
• Dearden’s Farm Design Code (document ref. NS010_DC_001a (Nov
2021);
• Park End Farm Design Code (document ref. NS010_DC_002 a (Nov
2021));
• Park Rows Design Code (document ref. NS010_DC_003 a (Nov 2021));
• Hulton Parklands Design Code (document ref. HPPDC 001, 21
December 2021);
• Restaurant & Rooms: Ground Floor Site Plan (drawing ref. P21084-FCH-
SI-00-DR-A-0200 P02);
• Restaurant & Rooms: First Floor Site Plan (drawing ref. P21084-FCH-SI-
01-DR-A-0201 P02);
• Lodges: Site Plan (drawing ref. P21085-FCH-XX-01-DR-A-0300 P02);
• Platt Lane / Lee Hall Quarter Access (drawing ref. ITM10187- SK-288);
• Park Avenue / North Road / Green Common Lane and Wood End / Hole
16 Access (drawing ref. ITM10187-SK-264E);
• Proposed Access to Dearden’s Farm (drawing ref. ITM10187- SK-145F);
• Proposed Access to Park End Farm via Broadway (drawing ref.
ITM10187-SK-191E); and
• Proposed Access to Park End Farm via Woodlands Drive (drawing ref.
ITM10187-SK-314).
62) Reserved matters submission/s for each phase of the development [as
approved in outline] (as defined by Condition 1) shall include the
following details in respect of that phase:
(a) existing and proposed levels of the buildings, roads, footpaths and
other landscaped areas;
(b) finished floor levels of all buildings (defined relative to a datum or
datum points the location of which has previously been approved in
writing by the local planning authority);]
(c) all boundary treatments to be carried out on all the perimeter
boundaries on that phase and details of any boundary enclosures to be
erected or grown within that phase;
(d) a scheme (including a programme for its implementation) for the
provision of open space and children's play facilities within and/or for that
phase (the scheme shall also specify the scale, type and design of the
open space and children's play facilities to be provided within and/or for
that phase).; and
(e) a crime prevention scheme for that phase, which shall be in broad
accordance with the details and parameters provided in the “Crime
Impact Statement” (document ref. 2016/1030/CIS/02 VERSION A
November 2021).
No phase of the development shall be occupied until the approved details
set out above have been carried out in respect of that phase. Thereafter,
the approved details for each phase shall be retained for the lifetime of
that phase.
63) As defined on the “Parameters Plan” (drawing ref. NS010-PP-001- G) and
the “Hulton Parklands Design Code” (document ref. HPPDC 001, 21
December 2021), the following uses hereby approved in outline shall be
carried out in accordance with the following parameters.
Use Use Class Parameters Operating Hours
Local Centre Use Classes E(a), Max Floorspace: 500 square Premises and units within the Local
E(b), E(c), E(e) metres (GIA) at ground Centre shall only be open to
and E(g)(ii) floor level customers between the following
hours: 08:00 –22:00.
Deliveries should only occur between
the following hours: 08:00 – 21:00.
Local Retail Use Class E(a) Max Floorspace: 500 square The Local Retail Store shall only be
Store (Great metres (GIA) open to customers between the
Chequerbent) Max Height: 8 metres following hours: 06:00 – 23:00.
Deliveries should only occur between
the following hours: 08:00 – 21:00.
Chequerbent Use Classes E(a), Max Floorspace: 1,350 The Chequerbent Barns shall only be
Barns E(b) and E(d) square metres (gross), operated between the following
including no more than 500 hours: 08:00 – 23:00.
square metres (GIA) of Deliveries should only occur between
retail (Use Class E(a)) the following hours: 08:00 – 21:00.
floorspace.
Max Height: 12 metres
Leisure Centre U se Classes E(a), Max Floorspace: 2,608 The Leisure Centre shall only be
E(b), E(d), F2(c) square metres (GIA) operated between the following
and F2(d) Max Height: 10 metres hours: 06:30 – 21:30.
Deliveries should only occur between
the following hours: 08:00 – 21:00.
Health & Well-Use Classes E(a), Max Floorspace: 1,350 The Health and Well-Being Hub shall
Being Hub E(b), E(e), E(d), square metres (GIA) only be operated between the
F1(d) and F1(e) Max Height: 10 metres following hours: 08:00 – 17:00.
Deliveries should only occur between
the following hours: 08:00 – 21:00.
Conversion of Use Classes E(a), Max Floorspace: Incidental The Incidental Retail Store shall only
Dearden’s F2(b) and C3 Retail: 100 square metres be open to customers between the
Farm Buildings (GIA) Community Facility: following hours: 08:00 – 18:00.
150 square metres (GIA) The Community Facility/Village Hall
shall only be operated between the
following hours: 08:00 –21.00.
There shall be no amplified or live
music.
Deliveries should only occur between
the following hours: 08:00 – 21:00.
Primary Use Classes F1(a) Max Height: 9 metres N/A
School and E(f)
Restaurant Use Classes E(b) Max Height: Restaurant The Restaurant element shall only be
with Rooms & and C1 with Rooms: 8.2 metres operated between the following
Cabins Cabins: 7 metres (two hours: 07:00 – 01:00. Deliveries
northern cabins) and 5 should only occur between the
metres (five southern following hours: 08:00 – 21:00.
cabins)
Lodges Use Class C1 Max Height: 8.5 metres N/A
Allotments N/A Max Area: 10,500 square N/A
metres (GIA)
64) Prior to the occupation of any building or dwelling within each phase of
the outline permission (as defined by Condition 1) a scheme for the
provision of electric vehicle charging points within that phase shall be
submitted to, and approved in writing by, the local planning authority.
The scheme shall be prepared in accordance with Institute of Air Quality
Management (IAQM) “Guidance on Land Use Planning and Development
Control: Planning for Air Quality” (dated January 2017) and secure the
delivery of:
• Residential: one charging point per dwelling where there is dedicated
parking or one charging point per 10 car parking spaces where there is
not allocated parking.
• Non-Residential: 10% of the total number of parking spaces will be
provided with electric vehicle charging points.
No building or dwelling within each phase of development shall be
occupied until the charging point(s) to serve that building or dwelling
has/have been provided and commissioned in accordance with the
approved scheme. The charging points shall be permanently retained and
maintained in full working order thereafter.
65) The reserved matters details submitted in respect of each phase of the
outline permission (as defined by Condition 1), shall be accompanied by a
noise impact assessment, the scope of which shall be agreed in advance
with the Local Planning Authority.
66) Each noise impact assessment shall, where relevant, include an
assessment of the likely noise levels from the following sources in respect
of that phase:
• mowing and grass cutting operations associated with the golf course;
• maintenance facilities;
• road traffic noise;
• fixed plant and equipment associated with buildings;
• all commercial and retail activities;
• any multi-use games area and/or outdoor play areas connected to the
school hereby permitted.
No residential dwelling, other noise-sensitive or noise generating use
within each phase of the outline permission shall be occupied until any
recommended noise mitigation/attenuation measures in the approved
noise impact assessment for that phase have been completed. Such
measures shall be retained and maintained in full permanently thereafter.
67) The reserved matters details submitted in respect of ‘Park Avenue’,
hereby approved in outline and shown on the approved Parameters Plan
(reference NS010-PP-001 G), shall be accompanied by a scheme of noise
mitigation. The scheme shall include a 3m bund topped with a 3m noise
barrier (along the western edge of Park Avenue between the A6 and Platt
Lane shown on the approved Parameters Plan (reference NS010-PP-001
G)). The barrier is to be constructed from continuous, imperforate
material with a minimum mass of 12 kg/m2 and is to extend from the
ground to a minimum height of 3m above the height of the bund. Close-
boarded or overlapped timber panelling or a proprietary acoustic fence
with a minimum weighted sound reduction index of 25 dB Rw. ‘Park
Avenue’ shall not be brought into use until the approved noise mitigation
scheme has been implemented in full. The approved scheme shall
thereafter be retained for the lifetime of the development.
68) The reserved matters details submitted in respect of each phase of the
outline permission (as defined by Condition 1) shall be accompanied by a
detailed external lighting plan for that phase. The plan shall be prepared
in broad accordance with the details and parameters provided in the
“Lighting Impact Assessment” (document ref. 2913 P5) and illustrated on
drawing ref. “3329-KINXX-XX-E-DR-6300 PL2”. The external lighting plan
shall (where applicable to that phase) include details regarding the
protection of key features of importance for barn owls and bats as
identified in the “Barn Owl Management Strategy” (document ref.
5136.064 V2) and “Bat Management Strategy” (document ref. 5136.065
V4) at Appendix G and H of the “Interim Landscape and Habitat
Management Plan”, as well as the “Hulton Parklands Design Code”
(document ref. HPPDC 001, Nov 21 December 2021).
Each phase of the outline permission shall be carried out in accordance
with the approved lighting plan for that phase. All approved lighting shall
thereafter be retained.
69) Prior to commencement of construction of any buildings hereby approved
in outline that are proposed to contain basements, the results of a further
groundwater assessment, including identification of any necessary
mitigation measures required to prevent the flooding of the basements of
those buildings, shall be submitted to, and approved in writing by, the
local planning authority. The development shall be carried out in
accordance with the approved details and all mitigation measures shall
thereafter be retained.
70) As part of the first submitted reserved matters application for the outline
permission (as defined by Condition 1 a site wide foul and surface water
drainage strategy based on sustainable drainage principles and in broad
accordance with the “Indicative Drainage Strategy Report” (document
ref. 60648956-AEC-XX-XX-RP-C-00001 P3), shall be submitted to and
approved in writing by the Local Planning Authority.
As part of the first reserved matters application for each subsequent
phase of the development (as defined by Condition 1, an updated
strategy insofar as it relates to that phase shall be submitted to the Local
Planning Authority to reflect any change in circumstances.
The site wide foul and surface water drainage strategy shall include the
following details:
• proposed foul connection points to the existing public sewerage
infrastructure for the entire site;
• a detailed investigation of the hierarchy of drainage options across the
entire site to identify the most sustainable option for the discharge of
surface water. Any investigation shall include an assessment of ground
conditions across the entire site to identify and utilise any areas for
infiltration;
• details of an appropriate water quality risk assessment to ensure
adequate treatment of diffuse or point source urban pollutants in surface
water runoff;
• finished floor levels and site levels in AOD across the entire site that
mimic any natural flow paths to deliver the most sustainable drainage
option;
• any drainage infrastructure connections (foul and surface water)
including the volume of flows between the different phases /
development parcels of the development defined by Condition 1;
• any drainage infrastructure connections (foul and surface water)
including the volume of flows between the different phases /
development parcels of the development defined by Condition 1; and
• any parts of the site where foul pumping is necessary (the strategy
shall minimise the number of pumping stations).
Each phase of the development shall be carried out in accordance with
the approved strategy. All works carried out pursuant to the approved
strategy shall thereafter be retained.
71) As part of the first reserved matters application for each phase of the
development hereby approved in outline (as defined by Condition 1) full
details of the foul and surface water drainage scheme for that phase,
including full details of any connections to the foul sewer network and
any necessary infrastructure, shall be submitted to and approved in
writing by the Local Planning Authority. The details shall include ground
and finished floor levels in AOD; details of an appropriate water quality
risk assessment to ensure adequate treatment of diffuse or point source
urban pollutants in surface water runoff; and the timing arrangements,
storage requirements and rate of discharge for any pumped foul
discharge. Foul and surface water shall drain on separate systems. The
details for each phase must be consistent with the approved Foul and
Surface Water Drainage Strategy in respect of that phase.
For any phase of development hereby approved in outline (as defined by
Condition 1) no housing or other development shall be occupied within
that phase until the approved foul and surface water drainage scheme for
that phase has been carried out in accordance with the approved details.
All works carried out pursuant to the approved scheme(s) shall thereafter
be retained.
72) Prior to the occupation of each phase of the development hereby
approved in outline (as defined by Condition 1) a sustainable drainage
management and maintenance plan (SDMMP) in respect of that phase
shall be submitted to the Local Planning Authority and agreed in writing.
The SDMMP for each phase shall include:
• the arrangements for adoption by an appropriate public body or
statutory undertaker, or management and maintenance by a
management company; and
• arrangements for inspection and ongoing maintenance of all elements
of the sustainable drainage systems, including on-site watercourses, to
secure the operation of the surface water drainage scheme throughout its
lifetime.
Each phase of the development shall subsequently be maintained and
managed in accordance with the approved SDMMP for the lifetime of that
phase.
73) As part of the first submitted reserved matters application for each phase
of the outline permission, details of the means of ensuring United Utilities
water mains that are laid within that phase are protected from damage as
a result of the development shall be submitted to and approved by the
Local Planning Authority in writing. A detailed construction method
statement must be submitted detailing the measures to protect United
Utilities assets during:
• any site investigation work;
• the construction and decommissioning of all development phases,
including proposed landscaping; and
• the future day to day operation and maintenance of the development.
Each statement must include proposals for reinforcements of any crossing
points to ensure United Utilities assets are protected from heavy loads
during and after construction. The details shall outline the potential
impacts on the water mains from construction activities (including the
construction compound) and the impacts post completion of the
development on the water main infrastructure that crosses that phase
and identify mitigation measures (together with a programme for their
implementation) to protect and prevent any damage to the water main
both during construction and post completion of that phase development.
All mitigation measures shall be implemented in full in accordance with
the approved details and retained thereafter for the lifetime of that
phase. Each approved method statement shall be in line with United
Utilities’ document ‘Standard Conditions for works adjacent to pipelines’
(document ref. 90048, Issued 3.1, July 2015).
74) Prior to the first occupation of any dwelling in each phase of the Hulton
Park Villages hereby approved in outline (as defined by Condition 1) a
Travel Plan for that phase shall be submitted to, and approved in writing
by, the local planning authority. The Travel Plan should be consistent with
the objectives, targets, governance arrangements and monitoring
schedule set out in the “Hulton Park Villages Framework Travel Plan”
(document ref. ITM10187-044A).
Each phase of the Hulton Park Villages shall be carried out in accordance
with the approved Travel Plan for that phase.
75) Prior to the first occupation or operation of each of the Local Centre,
Local Retail Stores, Village Hall, Chequerbent Barns, the Health & Well
Being Hub and/or the Primary School, hereby approved in outline, a
Travel Plan for that use shall be submitted to, and approved in writing by,
the local planning authority. Each Travel Plan should be consistent with
the objectives, targets, governance arrangements and monitoring
schedule set out in the “Hulton Parklands and Other Community Uses
Framework Travel Plan” (document ref. ITM10187-045A).
The Local Centre, Local Retail Stores, Village Hall, Chequerbent Barns,
the Health & Well Being Hub and the Primary School shall be operated in
accordance with the approved Travel Plan for that use.
76) No dwelling or building within any phase of the outline permission shall
be first occupied until its associated car parking has been constructed,
drained, surfaced and is available for use in accordance with details which
shall be first submitted to, and approved in writing by, the Local Planning
Authority. All approved parking areas shall thereafter be retained and not
used for any other purpose.
77) The outline permission shall cumulatively provide new landscape planting
equivalent to:
• 2,000 no. specimen trees and 5,500 square metres of woodland, in
accordance with the minimum requirements and specification set out in
the “Arboricultural Impact Assessment” (document ref. 5136.06.001
Version 2.0, November 2021) and as shown on the “Parameters Plan”
(drawing ref. NS010-PP-001-F); and
• 11.2km of hedgerows, in accordance with the minimum requirements
and detail illustrated on the drawing “Hedges Created, Lost and Retained”
(drawing ref. G5136.098A), “Retained Trees and Proposed Planting Plans”
(drawing ref. D5136.06.066B to D5136.06.092B set out in the
“Arboricultural Impact Assessment” (document ref. 5136.06.001 Version
2.0, November 2021)) and as shown on the “Parameters Plan” (drawing
ref. NS010-PP-001-G).
A plan for the phased implementation of this new landscape planting
across the outline permission shall be submitted to, and approved in
writing by, the local planning authority alongside the first reserved
matters application for the outline permission. The landscape planting
shall thereafter be implemented in accordance with the approved phasing
plan and thereafter retained.
Any trees or plants that, within a period of five years after planting, are
removed, die or become, in the opinion of the local planning authority,
seriously damaged or defective, shall be replaced as soon as is
reasonably practicable with others of species, size and number as
originally approved, or with alternative species, size and number as
approved in writing by the local planning authority.
78) As part of the first reserved matters application for each phase of the
outline permission (as defined by Condition 1), an updated sustainability
and energy statement, which shall be prepared in accordance with the
details and guidance established within the “Sustainability Strategy”
(dated September 2021) and appended “Commercial Energy Strategy”
and “Residential Energy Strategy”, shall be submitted to and approved in
writing by the local planning authority.
Each phase of development shall thereafter be implemented in
accordance with the approved sustainability and energy statement for
that phase. All measures carried out pursuant to each approved
sustainability and energy statement shall thereafter be retained.
79) Prior to the first occupation or operation of any building hereby approved
in outline which is to be fitted with a commercial kitchen with extraction
ventilation, a scheme for the installation of equipment to control the
emission of fumes and smells/odours from that building shall first be
submitted to, and approved in writing by, the Local Planning Authority.
Each scheme shall be in line with EMAQ “Guidance on the Control of
Odour and Noise from Commercial Kitchen Exhaust Systems” 2018 (or
any update of the same).
None of the above buildings shall be occupied until the equipment to
control the emission of fumes and smells/odours in respect of that
building, has been installed in accordance with the approved scheme in
respect of that building. All equipment shall thereafter be operated and
maintained at all times in accordance with the approved scheme and the
manufacturer's instructions.
80) As part of the first reserved matters application relating to the following
facilities hereby approved in outline:
- Restaurant (Dining with Distinction) with Rooms and Cabins
- Lodges
A scheme for the protection of the adjacent mature woodland as suitable
habitat for bats and great crested newts shall be submitted to and
approved in writing by the Local Planning Authority.
Each scheme shall accord with the parameters established within the
Hulton Parklands Design Code (document ref. HPPDC 001, 21 December
2021) and shall include:
• A lighting impact assessment, in accordance with “Bats and Artificial
Lighting in the UK (Bat Conservation Trust and Institute of Lighting
Professionals Guidance Note 08/18)” (or any subsequent revision), which
considers internal light spill from any building and measures to control
the use of external lighting.
• A landscape scheme and management plan which includes a minimum
10-metre-wide buffer zone around the woodland edge, incorporates
suitable planting to maintain bat foraging and limits the use of hard
surfacing.
• Measures to ensure the advance establishment of a woodland landscape
framework prior to the first occupation of the Restaurant with Rooms
(Dining with Distinction), Cabins and/or Lodges.
• Provision of bat boxes appropriate to the woodland location.
• A code of conduct for overnight visitors.
• A programme for its implementation.
The Restaurant with Rooms (Dining with Distinction), Cabins and Lodges
shall thereafter be implemented in accordance with the approved details
for that phase. All measures carried out pursuant to the approved
scheme shall thereafter be retained