WARRINGTON planners have agreed a change in planning conditions on a proposed new service station on the M62 near Birchwood aimed at protecting Greater Crested Newts.
It follows the controversial granting of planning permisison on appeal for a Motorway Service Area including facilities building, up to 100 bedroom hotel, service yard, fuel filling station, electric charging station, parking facilities, landscaping and amenity areas and associated infrastructure and earthworks on land at Junction 11 of the M62.
Following pre-application discussions with Warrington Borough Council, Spawforths are instructed on behalf of Extra MSA Ltd to submit an application under Section 73 of the Town and Country Planning Act 1990, to vary Condition 5 and 26 of Outline Planning Permission LPA ref. 2019/35726 (Appeal ref:APP/M0655/W/21/3288180) relating to the Motorway Service Area (MSA) at Junction 11 of the M62
Outline planning permission (with all matters reserved apart from access) for the Motorway Service Area was granted in May 2022, following an appeal to the Planning Inspectorate. The Inspector allowed the appeal, subject to the conditions listed in the Schedule of Conditions attached to the Inspector’s decision.
Proposed Variation of Condition 26 – Great crested newts
Planning Condition 26 relates to great crested newts and requires further analysis to be undertaken prior to the commencement of development.
Through discussions with GMEU and Natural England, it has been accepted that the Site lies within an area suitable for Great Crested Newt District Level Licencing (DLL) as shown within Natural England’s Mapping. A formal enquiry has therefore been made to Natural England to progress towards securing a licence, which has confirmed a DLL is available for the site.
The DLL would secure a payment to Natural England for the creation of sufficient new habitat to compensate for any potential impacts of the Proposed Development associated with great crested newts, and also to maintain this habitat for 25 years. On this basis, we propose the following variation to Condition 26 in order to allow the option for the DLL route to be taken.
Proposed amendments to Condition 26:
Prior to commencement of development, either:
(a) The site shall be successfully registered under Natural England’s District Level Licencing scheme,
covering impacts and compensation to great crested newt, and evidence that the site has been
registered, submitted to the local planning authority; or
(b) further analysis of the waterbodies WB1 – WB11 (shown on Wardell Armstrong Waterbody Location Plan SH11739/008 Rev B 22/07/2019) is required for the presence of Great Crested Newts (GCN) and the use of Reasonable Avoidance Methods. If GCN are found to be present in the ponds, then it will be necessary to consider whether the clearance of habitats can be achieved without the need for a Habitats Regulations’ European Protected Species derogation licence. The Survey Report should be submitted to and approved in writing by the local planning authority and shall outline any changes to distribution and abundance of the species, along with details of any necessary changes to mitigation and compensation.
Changes to Planning Condition 5 relates to the approved plans list, including the Parameter Plans which set the “limitations” that a future detailed design must accord with. This S73 application seeks to vary Condition 5 to update the drawing references contained in this condition, in order to reflect necessary minor
amendments to the Parameter Plans resulting from work being undertaken during the detailed design stage.
Full details can be read by CLICKING HERE
There was a feeling of “utter dismay,” from local Cllrs opposing the development after members of Warrington council’s planning committee voted behind closed doors, not to defend their decision to reject plans for the controversial motorway service station.
“No big surprise” as controversial motorway service station approved on Green Belt land
