AN investigation is underway following an alleged breach of planning control at the controversial Trident Business Park development at Risley, Warrington.
Work is underway on a large HGV distribution Centre at the Trident Business Park development off Warrington Road, which includes the demolition of residential dwellings and the former Noggin pub.
Local residents, who were left stunned after Warrington planners approved controversial proposals for the large HGV distribution centre near their homes are now alleging a breach of planning controls, put in place to try and help minimise disruption.
Members of Warrington Borough Council’s Development Management Committee voted 7-2 to follow officers’ advice and approve the controversial planning application on 22nd June 2023 with 35 conditions.
Construction began at the Trident Business Park development on 29th January 2024. The residents received a letter from the prime contractor Caddick Construction advising that they were a member of the “considerate construction scheme” and advising residents that the site manager would be available throughout to address any of our issues.
Condition 14 stated there shall be no direct pedestrian or vehicular access between the site and A574 Warrington Road. Reason: To limit the number of access points to the highway in the interests of road safety.
Condition 16: The access spur off A574 should be permanently closed and appropriately reinstated as a highway verge prior to occupation and shall not be used for construction traffic. Reason: To limit the number of access points to the highway in the interests of road safety.
Residents say that during the Trident Business Park DMC meeting last June, the principal planning officer sold the above conditions to the committee members, repeating several times “This is a belt and braces” condition to ensure NO access to or from Warrington Road from the Noggin for the purposes of road safety.
They now say that on 31st January 2024 – Day 3 both conditions were broken. For the past 5 years, the Noggin pub has had temporary fencing in place, on 31st January this was partially removed to allow large construction vehicles onto the Noggin car park, 3 workers were holding up the traffic in both directions on Warrington Road (A574) whilst large construction vehicles entered the site via the access specifically prohibited in the conditions.
Then on 2nd February – Day 5 a very large forklift truck left the site from the Noggin onto Warrington Road (A574) carrying extra wide fence panels, the width of which crossed the central white lines. The forklift was videoed leaving the Noggin and travelling along Warrington Road towards the Spar roundabout where it turned left onto Daten Avenue to use the principal and approved access point for the site, once again breaching conditions 14 & 16. A number of oncoming vehicles had to move out of the way of this forklift, taking to the social media pages of the Culcheth and Birchwood community pages.
Three residents left voicemails for the Caddick Construction site manager who opted to return none of them. “So much for a considerate constructor,” said one resident.
The resident added: “We lodged a breach notification with Planning Enforcement, to date we have had no response.
“We contacted the Considerate Construction Scheme and reported their member Caddick Construction, residents received and acknowledgement but have had no further contact.
“The matter was reported to Birchwood Town Council, who chose to immediately defend the Council by using a play on words, stating that the demolition is NOT construction and suggesting we log an enforcement breach.
“This use of semantics left the residents no choice than to seek legal advice on the decision notice and in particular conditions 14 & 16. The legal advice given was clear the conditions apply to the application in its entirety unless it states otherwise, this would be a quick and very straightforward challenge.
“Despite the positive legal advice, the residents were left out of pocket and doing WBC’s job for them. It is an absolute disgrace that this council is so quick to absolve themselves of all accountability and responsibility. They are happy to discharge their responsibilities to anyone, even the very ratepayers they are supposed to represent and who pay their wages.
“The advice received was as follows:
Planning conditions are attached to specific planning applications and apply only to that planning application. In this instance, planning application 2021/40696 was approved for Demolition of existing dwellings at 689 and 689a Warrington Road and the former Noggin public house and existing industrial premises and redevelopment of site to provide buildings for employment use (use classes E(g)(iii) / B8), access and car parking, landscaping, and associated works.
“Therefore, all conditions apply to the application in its entirety unless a condition specifically states otherwise.
“Condition 14: There shall be no direct pedestrian or vehicular access between the site and A574 Warrington Road. Reason: To limit the number of access points to the highway in the interests of road safety.
“If this condition was intended to apply only during construction and excluding demolition it should have been clearly included in the wording of the condition, which it is not. This would be an extremely straightforward legal challenge. The video (below) provided is damning and clearly shows an example of where road safety is put at risk, the very incident that the condition is intended to prevent. In the first instance this is an enforcement issue not a police issue as risk to road safety is the ‘symptom’ and the breach of condition ‘the cause’.
“Condition 16 The access spur off A574 should be permanently closed and appropriately reinstated as a highway verge prior to occupation, permanent closure is a future event.
“The condition adds and shall not be used for construction traffic. The wording does not exclude the demolition phase of the project which it should if that was the intention of the condition.
“In conclusion, neither condition stipulates the exclusion of the demolition phase of the project. The responsibility lies within Councils to ensure the wording of conditions are watertight and cannot be misinterpreted, where they are not, councils should expect appropriate legal challenges.”
A Warrington Borough Council spokesperson said: “Planning permission was granted in June 2023 for a development at Trident Business Park, including the demolition of residential dwellings and The Noggin public house on Warrington Road.
“We have received reports from nearby residents with concerns relating to construction vehicles using Warrington Road, and we are undertaking an investigation to determine if there has been a breach of planning control in relation to these new works.”
A spokesperson for Caddick Construction Group commented: “Our impact on the local community is very important to us, and we take every precaution and due diligence to reduce the impact our neighbours may feel as we deliver the build of two industrial facilities at Trident Business Park. With work now progressing on-site, we appreciate that there may be a small level of disruption for our neighbours, but we are working hard to minimise this impact and mitigate any concerns surrounding access.”
7 Comments
What do you expect all WBC are after is the money to recover the 2 billion debt that they got us in.
However it should have been emphasised that construction/demolition vehicles could only use designated entrances ? A lesson to be learnt for future developments
Cllr Aitken. The comments can be audited on the Risley Community FB pages, As the Chair of Birchwood Town Council is a member of of the Risley Community FB Group I’m surprised he didn’t pass comment at the time. As far as the residents are concerned an individual councillor when asked for advice or guidance by residents are representing the Town Council. This article is not to name and shame but to highlight the bias that is shown to developers by WBC coupled with a complete lack of regard for residents.
However for the avoidance of any further confusion can I ask for some clarity. Is your statement, your individual view as a Birchwood Cllr or has the view posted in your comment sl been presented to the full council and been ratified as the collective view of Birchwood Council?
Hi Michelle, my response is as an individual councillor, having confirmed with BTC officers that no such communication has taken place with them and is therefore a statement of fact.
A comment made by an individual councillor in a Facebook group does not represent an official council statement unless it has been resolved at a council meeting. They are of course able to offer their advice and guidance in an individual capacity as part of their casework.
Best regards
Ian
WBC have form in failing to enforce the conditions on which they have granted planning consent.
This article incorrectly states that Birchwood Town Council have been contacted in relation to this matter and “chose to immediately defend the Council”. I have confirmed with the BTC office that no such message has been received.
The alleged comment may have come from an individual councillor but it is not a response on behalf of Birchwood Town Council.
Seems to me if they want to use incorrect access a few strategically parked vehicles would put a stop to this.
Shame on the planning officers for actively encouraging this development. Shame on the Labour led DMC for voting this through without researching beforehand. Because of their arrogance and especially that of the DMC Chair, the residents who these people are supposed to represent, stood no chance.
You didn’t listen. You never do. Shame on you. You’ve caused so much heartache and mental distress.