Agenda item

Committee considered a report in relation to the above application presented by the Development Management and Land Charges Manager, who gave details of the application and highlighted the location and features of the site and key issues.  The planning application sought approval for mixed-use development comprising of up to 6,500 sqm of employment units, retention of existing 2,270 sqm offices, 2 retail units (total gross area up to 3,200 sqm, one being for discount food retail), and a drive-thru takeout unit including associated parking, infrastructure and access.

 

Chris Quinsee spoke in favour of the application (the agent, on behalf of Marcus Jolly – Limes Development, the applicant).

 

To a question on the process if the Committee approved the officer’s recommendation and Ashfield District Council’s Planning Committee did not, the agent informed it was not common developments like this straddled two districts, but that if one Local Planning Authority authorised development and the other did not, the applicant would seek to challenge the refused decision.

 

 

 

A Member noted part of the site had been allocated to HS2 before the East Midlands’ line was cancelled – while open countryside, it had been marked for development.  The agent stated the application would have been brought forward earlier had it not been for HS2.

 

To a question on the current vacancy of a neighbouring unit, the agent stated a tenant would be confirmed in the near future for the empty unit, and that there was demand for additional units that the proposed development would accommodate.

 

Moved by Councillor Phil Smith and seconded by Councillor John Ritchie

RESOLVED that application no. 23/00562/OUT be APPROVED following no objections      being received from the Lead Local Flood Authority (LLFA), subject to the following         conditions and any other conditions recommended by the LLFA:

 

1. Approval of the details of the appearance and landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

2. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development to which this permission relates shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

3. The development hereby permitted shall be carried out in accordance with the following approved drawings and documents unless specifically stated otherwise in the conditions below:

 

·       Proposed Masterplan Drawing Ref 22688-300-P-02;

·       Proposed Site Sections Drawing Ref 22688-301-P-00;

·       Proposed Masterplan B2 Drawing Ref 22688-302-P-02;

·       Highways General Arrangement Drawing Ref SNE-BWB-HGW-OO-DR-TR- 101;

·       HGV Tracking Drawing Ref SNE-BWB-HGW-OO-DR-TR-110;

·       Large Car Tracking Unit 1 Drawing Ref SNE-BWB-HGW-OO-DR-TR-111;

·       Large Car Tracking Unit 2 Drawing Ref SNE-BWB-HGW-OO-DR-TR-112;

·       Design and Access Statement Corstorphine + Wright July 2023;

·       Planning Statement Q+A Planning Ltd October 2023;

·       Transport Assessment BWB Consulting October 2023;

·       Framework Travel Plan BWB Consulting October 2023;

·       Air Quality Assessment BWB Consulting October 2023;

·       Flood Risk Assessment BWB Consulting October 2023;

·       Sustainable Drainage Statement BWB Consulting October 2023;

·       Phase 1 Geo-Environmental Assessment BWB Consulting October 2023;

·       Coal Mining Risk Assessment BWB Consulting October 2023;

·       Ecological Appraisal BSG Ecology October 2023;

·       Biodiversity Metric Calculation BSG Ecology October 2023;

·       Arboricultural Report Wharncliffe October 2023;

·       Geophysical Survey Report Magnitude Surveys February 2024;

·       Noise Impact Assessment BWB Consulting March 2024;

·       Archaeological Assessment BWB Consulting July 2024;

·       Archaeological Assessment Heritage Appendices BWB Consulting June 2024;

·       Economic Benefits Statement Q+A Planning October 2024.

 

4. No development shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing, and until any pre-start element of the approved scheme has been completed to the written satisfaction of the local planning authority.  The scheme shall include an assessment of significance and research questions; and

 

a)    The programme and methodology of site investigation and recording

b)    The programme for post investigation assessment

c)     Provision to be made for analysis of the site investigation and recording

d)    Provision to be made for publication and dissemination of the analysis and records of the site investigation

e)    Provision to be made for archive deposition of the analysis and records of the site investigation

f)      Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation

 

5. No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition 4.

 

6. The development shall not be occupied until the site investigation and post investigation reporting has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under condition 4 and the provision to be made for publication and dissemination of results and archive deposition has been secured.

 

7. Before the commencement of the development hereby approved:

 

The site investigation strategy as identified in the Desk Study report Ref SNE-BWBEGT-XX-RP-LE-0004_Ph1 submitted with the application shall be undertaken by a competent person in accordance with the current UK requirements for sampling and analysis.

 

Where the site investigation identifies unacceptable levels of contamination, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be submitted to and approved in writing by the local planning authority.  The submitted scheme shall have regard to relevant current guidance. The approved scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria and site management procedures.  The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

The developer shall give at least 14 days’ notice to the Local Planning Authority (Environmental Health Division) prior to commencing works in connection with the remediation scheme.

 

 

8. No buildings hereby approved shall be occupied until:

 

a)    The approved remediation works required by 7 above have been carried out in full in compliance with the approved methodology and best practice.

b)    If during the construction and/or demolition works associated with the development hereby approved any suspected areas of contamination are discovered, then all works shall be suspended until the nature and extent of the contamination is assessed and a report submitted and approved in writing by the local planning authority and the local planning authority shall be notified as soon as is reasonably practicable of the discovery of any suspected areas of contamination.  The suspect material shall be re-evaluated through the process described in the Phase I contaminated land assessment (desk-study) ref SNEBWB-EGT-XX-RP-LE-0004_Ph1 submitted with the application and through the process described in 7 above.

c)     Upon completion of the remediation works required by 7 above a validation report prepared by a competent person shall be submitted to and approved in writing by the local planning authority.  The validation report shall include details of the remediation works and Quality Assurance/Quality Control results to show that the works have been carried out in full and in accordance with the approved methodology.  Details of any validation sampling and analysis to show the site has achieved the approved remediation standard, together with the necessary waste management documentation shall be included.

 

9. Before the commencement of construction works including any demolition in connection with the development hereby approved, a programme of measures to minimise the spread of airborne dust from the site during the construction phases, shall be submitted to and approved in writing by the Local Planning Authority and include a dust risk assessment.  The construction shall be undertaken in accordance with the approved scheme.

 

10. No vegetation clearance shall take place between 1^st March and 31^st August inclusive, unless preceded by a nesting bird survey undertaken by a competent ecologist no more than 48 hours prior to clearance.  This includes site strip of the two main onsite fields.  If nesting birds are recorded, an appropriate exclusion zone will be implemented and monitored until the chicks have fledged.  No works shall be undertaken within exclusion zones whilst nesting birds are present.  If ground nesting birds are recorded, suitable mitigation and compensation shall be agreed with the LPA.

 

11. Prior to commencement of works on site (including vegetation clearance), a statement shall be submitted to the LPA confirming the approach to safeguarding great crested newts during development.  If this includes licensing, confirmation of the licence being granted by Natural England / a signed Impact Assessment and Conservation Payment Certificate (IACPC) shall also be submitted. All works shall proceed strictly in accordance with the approved strategy / licence.

 

12. No development shall take place (including demolition, ground works, vegetation clearance and movement of plant, machinery and materials) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority.  The CEMP (Biodiversity) shall be based on recommendations made in the Ecological Appraisal (BSG, October 2023) and include the following:

 

a)    Risk assessment of potentially damaging construction activities.

b)    Identification of “biodiversity protection zones”.

c)     Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction.

d)    The location and timing of sensitive works to avoid harm to biodiversity features.

e)    The times during construction when specialist ecologists need to be present on site to oversee works.

f)      Responsible persons and lines of communication.

g)    The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h)    Use of protective fences, exclusion barriers and warning signs.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

13. A Landscape and Biodiversity Enhancement and Management Plan (LBEMP) shall be submitted to, and be approved in writing by, the LPA prior to the commencement of the development.  The aim of the LBEMP is to provide details for the creation, enhancement and management of habitats and species on the site post development, in accordance with the proposals set out in the submitted Biodiversity Metric (BSG, October 2023).  The LBEMP should combine both the ecology and landscape disciplines and shall be suitable to provide to the management body responsible for the site.  It shall include the following:-

 

a)    Description and location of features to be retained, created, enhanced and managed, as per the approved biodiversity metric.

b)    Aims and objectives of management, in line with desired habitat conditions detailed in the metric.

c)     Appropriate management methods and practices to achieve aims and objectives.

d)    Prescriptions for management actions.

e)    Preparation of a work schedule (including a 30-year work plan capable of being rolled forward in perpetuity).

f)      Details of the body or organization responsible for implementation of the plan.

g)    A monitoring schedule to assess the success of the habitat creation and enhancement measures at intervals of 1, 2, 3, 5, 10, 15, 20, 25 and 30 years.

h)    Monitoring reports to be sent to the Council at each of the intervals above.

i)      A set of remedial measures to be applied if conservation aims and objectives of the plan are not being met.

j)      Detailed habitat enhancements for wildlife, in line with British Standard BS 42021:2022.

k)     Details of offset gullies and drop kerbs in the road network to safeguard amphibians.

l)      Detailed specifications for open water habitats to provide biodiversity benefits.

m)   Requirement for a statement of compliance upon completion of planting and enhancement works.

 

The LBEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.  The approved plan will be implemented in accordance with the approved details.

 

14. Prior to either of the units hereby approved being brought into use for Class B2 purposes, the access, parking provision and turning facilities for that unit shall have been fully implemented in accordance with drawing Ref. 22688-302 Rev P-02 and be free from impediment to its intended use as a parking area.  Otherwise, the parking provision shall have been implemented in accordance with drawing Ref. 22688-300 Rev. P-02 and free from impediment to its intended use prior to the first use of the units hereby approved.

 

15. Prior to commencement of the development hereby permitted details of a construction management plan shall be submitted to and approved in writing by the Local Planning Authority.  The approved plan shall be adhered to throughout the demolition/construction period.  The plan/statement shall include but not be restricted to:

 

·       Parking of vehicle of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction);

·       Advisory routes for construction traffic;

·       Locations for loading/unloading and storage of plant, waste and construction materials;

·       Method of preventing mud and dust being carried onto the highway;

·       Arrangements for turning vehicles;

·       Arrangements to receive abnormal loads or unusually large vehicles;

·       Methods of communicating the Construction Management Plan to staff, visitors and neighbouring residents and businesses.

 

16. An electric vehicle infrastructure strategy and implementation plan shall be submitted to and approved in writing by the Local Planning Authority prior to the first use of any building hereby permitted.  The plan shall contain details of the number and location of all electric vehicle charging points shall comply with BS EN 62196 Mode 3 or 4 charging and BS EN 61851, and Derbyshire Highway Design Guide.  Buildings and parking spaces that are to be provided with charging points shall not be brought into use until associated charging points are installed in strict accordance with approved details and are operational.  The charging point installed shall be retained thereafter unless replaced or upgraded to an equal or higher specification.

 

17. The Development hereby approved shall not be brought into use until the submitted Travel Plan that promotes sustainable forms of travel to the development site has been approved in writing by the Local Planning Authority in consultation with the Local Highway Authority.  The submitted details shall use Modeshift STARS Business to carry out this process and include mechanisms for monitoring and review over the life of the development and timescales for implementation. The approved Travel Plan shall be implemented, monitored and reviewed in accordance with the approved details.

 

18. No development shall commence until;

 

a)    a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity; and,

b)    any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed.

 

The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance.

 

19. Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing.  This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.

 

20. Subject to acceptance of the SuDS design by the Lead Local Flood Authority at Derbyshire County Council and prior to commencement of development, an Operation and Maintenance Plan (in accordance with section 32 of the SuDS Manual), which provides details of the arrangements for the lifetime management and maintenance of the SuDS features together with contact details, must be submitted to and approved in writing by the Local Planning Authority.

 

21. Before the development hereby approved commences, an Employment Scheme to enhance and maximise employment and training opportunities during the construction phase of the project shall be submitted to and approved in writing by the Local Planning Authority.  The approved Scheme shall then be implemented in full unless in accordance with any such subsequent variations as shall have been formally submitted to and approved in writing by the Local Planning Authority.

 

22. Within 6 weeks prior to the approved development being first brought into operation, an Employment Scheme to enhance and maximise employment and training opportunities during first occupation, including a timetable for implementation, shall be submitted to and approved in writing by the Local Planning Authority.  The approved Scheme shall then be implemented in full in accordance with the approved timetable unless in accordance with any such subsequent variations as shall have been formally submitted to and approved in writing by the Local Planning Authority.

 

23. Before occupation of the development hereby approved an external lighting scheme shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be designed to reduce light spill and shall have regard to the "Guidance Note 01/21, The Reduction of Obtrusive Light" produced by the Institution of Lighting Professionals.  The approved lighting scheme shall be implemented in full before the lighting is first used and shall be retained thereafter.

 

24. A scheme for the details of footpath diversion and enhancement through the site, including cycleway provision where possible, shall be submitted to and approved by the Local Planning Authority.  The scheme shall include details of a suitable bound material and details of connection onto Export Drive.  The approved scheme shall be implemented in full prior to first occupation of either of the units hereby approved.

 

25. The development hereby approved shall be designed and constructed to a BREEAM rating of ‘Very Good’ or higher.  Confirmation of this achievement shall be submitted to the Local Planning Authority within two months of the final rating being awarded.

 

Informatives:

 

1. Cadent own and operate an Intermediate pressure gas pipeline running in the south and east boundary of the application site.  Cadent hold a deed of grant for an easement on this gas pipeline and no development including alterations of ground levels is permitted inside the easement without Cadent written permission.  There are building proximity distances that must be adhered to from the Intermediate pressure gas pipeline.  Cadent must be contacted and liaised with before any construction commences as there will be restrictions required for the siting of the units and construction processes in the vicinity of the easement.

 

2. The applicant is advised that part of the application site falls within land that is currently safeguarded for construction and/or operation of HS2 Phase 2b (Crewe to Manchester and Birmingham to Leeds).  Although the Government have announced the cancellation of this section of high-speed rail line, Safeguarding Directions are still in place.  However, in line with the commitments made in the accompanying Network North Command Paper, safeguarding is to be amended for HS2 Phase 2b by summer 2024 to allow for any safeguarding needed for Network North schemes.

 

As such, the applicant is advised to closely follow ongoing progress of the Network North programme for any updates at: https://www.gov.uk/government/publications/network-north.

 

3. Drainage arrangements shall be provided to ensure that surface water from the site does not discharge onto the public highway.  No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway.

 

4. The applicant should note that Permission is required from the Mining Remediation Authority’s Permitting & Licensing Team before undertaking any activity, such as ground investigation and ground works, which may disturb Mining Remediation Authority property.  Any comments that the Mining Remediation Authority may have made in a Planning context are without prejudice to the outcomes of a Permit application. Under the Coal Industry Act 1994 any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Mining Remediation Authority since these activities can have serious public health and safety implications.  Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.  Failure to obtain permission to enter or disturb our property will result in the potential for court action.  Application forms for Mining Remediation Authority permission and further guidance can be obtained from the Mining Remediation Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property.

 

5. Where SuDS are proposed as part of the development scheme consideration will need to be given to the implications of this in relation to the stability and public safety risks posed by coal mining legacy.  The developer should seek their own advice from a technically competent person to ensure that a proper assessment has been made of the potential interaction between hydrology, the proposed drainage system and ground stability, including the implications this may have for any mine workings which may be present beneath the site.

 

6. In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities.

 

7. The sewer records do not show any public sewers within the curtilage of the site.  However, the applicant should be made aware of the possibility of unmapped public sewers which are not shown on the records but may cross the site of the proposed works.  These could be shared pipes which were previously classed as private sewers and were transferred to the ownership of the Water Authorities in October 2011.  If any part of the proposed works involves connection to / diversion of / building over / building near to any public sewer the applicant will need to contact Severn Trent Water in order to determine their responsibilities under the relevant legislation.

 

8. All proposals regarding drainage will need to comply with Part H of the Building Regulations 2010.

 

9. It is essential that any work carried out does not detrimentally alter the structure or surface of the ground and increase or alter the natural flow of water to cause flooding to neighbouring properties.  The developer must also ensure any temporary drainage arrangements during construction gives due consideration to the prevention of surface water runoff onto the public highway and neighbouring properties.

 

Statement of Decision Process

 

Officers have worked positively and pro-actively with the applicant to address issues raised during the consideration of the application.  The proposal has been considered against the policies and guidelines adopted by the Council and the decision has been taken in accordance with the guidelines of the Framework.

 

 

 

 

 

Equalities Statement

 

Section 149 of the Equality Act 2010 places a statutory duty on public authorities in the exercise of their functions to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it (i.e., “the Public Sector Equality Duty”).

 

In this case, there is no evidence to suggest that the development proposals would have any direct or indirect negative impacts on any person with a protected characteristic or any group of people with a shared protected characteristic.

 

Human Rights Statement

 

The specific Articles of the European Commission on Human Rights (‘the ECHR’) relevant to planning include Article 6 (Right to a fair and public trial within a reasonable time), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property).

 

It is considered that assessing the effects that a proposal will have on individuals and weighing these against the wider public interest in determining whether development should be allowed to proceed is an inherent part of the decision-making process.  In carrying out this ‘balancing exercise’ in the above report, officers are satisfied that the potential for these proposals to affect any individual’s (or any group of individuals’) human rights has been addressed proportionately and in accordance with the requirements of the ECHR.

 

 

The Chair thanked all Members and officers in attendance for their work in 2024/25.