Agenda item

Further details relating to the application were included in the Supplementary Report.

 

The Planning Manager (Development Control) presented the report which gave details of the application and highlighted the location and features of the site and key issues.

 

Committee considered the application having regard to the Bolsover District Local Plan, the emerging Local Plan and the National Planning Policy Framework.

 

This application was one of two submitted together for a total of 15.37ha of land on the eastern side of South Normanton. 

 

A separate but related application for full planning permission for retail and hotel uses (application no. 18/00470/FUL) on the southern part of the site utilising the same access off the enlarged Berristow Lane/Carter Lane East/A38 roundabout, had been considered by the Planning Committee on 23^rd October 2019 which resolved to approve the application subject to referral to the Secretary of State. 

 

This application related to the northern part of the site which sought outline planning permission for the erection of Class B8 employment units with provision for trade counter and/or Class D2 Gymnasium Uses, with all matters reserved for future approval other than the means of access.  Class B8 was use for storage or as a distribution centre.

 

As a result of discussions with the applicant, the proposals for trade counter and leisure uses were deleted from the application and Members considered the appropriateness of the use of the site for B8 employment uses only, which would accord with the new Local Plan allocation set out in policy WC1.

 

In the absence of any other overriding planning considerations, the Planning Committee resolved to approve the application subject to an appropriate condition that would restrict the use of any buildings on the site to B8 uses and the full range of conditions suggested in the officer report.

 

Moved by Councillor Steve Fritchleyand seconded by Councillor Duncan McGregor

RESOLVED that application 18/00471/OUT be approved subject to the following conditions:

 

Reserved Matters

 

1. Details of the appearance, landscaping, layout, and scale  (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved.  (Reason: To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.)

 

2. Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission.  (Reason: To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.)

 

3.    The development hereby permitted shall commence within 3 years from the date of this permission or not later than 2 years from the date of approval of the last of the reserved matters, whichever is the later.  (Reason: To comply with the requirements of Section 51 of the Planning and Compulsory Purchase Act 2004.)

 

Approved Plans and Specifications

 

4.    The development hereby permitted shall be carried out in accordance with the following approved plans and drawings:

 

Corstorphine + Wright Plans and drawings:

0201 P-00                   Existing Site Plan

0202 P-00                   Existing Topographical Section

0204 P-02                   Site B Location Plan – Outline Application

0301 P-08                   Proposed Masterplan

0313 P-01                   Masterplan Biodiversity Areas

 

Figure 8          Ecological Mitigation Compensation and Enhancement Plan as contained within the Ecological Appraisal (July 2019) by BSG ecology.

 

(Reason:  For clarity and to ensure the development is developed in accordance with submitted plans and drawings to accord with the policies of the Bolsover District Local Plan in particular policies GEN1 (Minimum Requirements for Development),GEN2 (Impact of Development on the Environment) and ENV5 (Nature Conservation Interests throughout the District)

 

5.    Notwithstanding the submitted plans drawings and supporting information and other than the associated access and ecological mitigation works, the land and any buildings hereby permitted shall be used solely for B8 storage or distribution uses as defined by the Town & Country Planning (Use Classes) Order 1987 (as amended) and for no other purpose at any time during the lifetime of the development hereby permitted. 

 

(Reason:  To accord with the policies of the emerging Local Plan for Bolsover District in particular policy WC1: Employment Land Allocations, D2 gymnasium and trade counters are contrary to this policy and the saved policies of the adopted Bolsover District Local Plan being main town centres uses as defined by the National Planning Policy Framework.)    

 

Archaeology:

 

6. a) 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

                              i.        The programme and methodology of site investigation and recording

                            ii.        The programme for post investigation assessment

                           iii.        Provision to be made for analysis of the site investigation and recording

                           iv.        Provision to be made for publication and dissemination of the analysis and records of the site investigation

                            v.        Provision to be made for archive deposition of the analysis and records of the site Investigation

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

b) No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under condition (a).

 

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

(In the interests of affording protection for any archaeological interest on the site and in compliance with policies GEN2 (Impact of Development on the Environment) and CON13 (Archaeological Sites and Ancient Monuments) of the Bolsover District Local Plan).

 

Coal mining legacy and reserves

 

7. Prior to the commencement of development an appropriate scheme of intrusive site investigations for shallow coal mine workings and any economically viable workable coal reserves shall be undertaken and a report of the findings together with a scheme for any necessary remedial works shall be submitted to and approved in writing by the local planning authority.  The remedial works shall be implemented as so approved. 

 

(To ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigation measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development, in accordance with paragraphs 178 and 179 of the National Planning Policy Framework and policy GEN1 (Minimum Requirements for Development) of the Bolsover District Local Plan)

 

Drainage

 

8. No development shall take place until a detailed design and associated management and maintenance plan of the surface water drainage for the site, in accordance with the principles outlined within:

a. the submitted Flood Risk Assessment Including Surface Water Strategy, Cartwright Lane, South Normanton, Bolsover, for Limes Development Ltd (June 2017 Rev D, Report Ref: 2327-FRA01) and any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team, and

b   DEFRA’s Non-statutory technical standards for sustainable drainage systems (March 2015),

 

have been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved detailed design, prior to the use of any building commencing.

 

(To ensure that the proposed development does not increase flood risk and that the principles of sustainable drainage are incorporated into this proposal, and sufficient detail of the construction, operation and maintenance/management of the sustainable drainage systems are provided to the Local Planning Authority, in compliance with policies GEN2 (Impact of Development on the Environment) and GEN5 (Land Drainage) of the Bolsover District Local Plan).

 

9. No development shall take place until a detailed assessment has been provided to and approved in writing by the Local Planning Authority, to demonstrate that the proposed destination for surface water accords with the drainage hierarchy as set out in paragraph 80 of the national planning practice guidance.  

 

(To ensure that surface water from the development is directed towards the most appropriate waterbody in terms of flood risk and practicality by utilising the highest possible priority destination on the hierarchy of drainage options, in compliance with policiesGEN2 (Impact of Development on the Environment) and GEN5 (Land Drainage) of the Bolsover District Local Plan). 

 

10. Prior to commencement of the development, details indicating how additional surface water run-off from the site will be avoided during the construction phase shall be submitted to and approved by the Local Planning Authority. The applicant may be required to provide collection, balancing and/or settlement systems for these flows. The approved system shall be operating to the satisfaction of the Local Planning Authority, before the commencement of any works, which would lead to increased surface water run-off from site during the construction phase.

 

(To ensure surface water is managed appropriately during the construction phase of the development, so as not to increase the flood risk to adjacent land/properties or occupied properties within the development, and in compliance with policies GEN1 (Minimum Requirements for Development),GEN2 (Impact of Development on the Environment) and GEN5 (Land Drainage) of the Bolsover District Local Plan).  

 

11. The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved by the Local Planning Authority.  The scheme shall be implemented in accordance with the approved details before the development is first brought into use. 

 

(To ensure that the development is provided with a satisfactory means of drainage as well as reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution, and in compliance with policies GEN2 (Impact of Development on the Environment) and GEN6 (Sewerage and Sewage Disposal) of the Bolsover District Local Plan).  

 

 

Employment Scheme

 

12. 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.

(To maximise potential local skills, training and employment opportunities).

 

13. 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. 

(To maximise potential local skills, training and employment opportunities). 

 

Travel Plan

 

14. No part of the development permitted by this consent shall be occupied until a revised Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall set out proposals (including a timetable) to promote travel by sustainable modes which are acceptable to the Local Planning Authority.  The Travel Plan shall be implemented in accordance with the timetable set out in that plan unless otherwise agreed in writing by the Local Planning Authority.  Reports demonstrating progress in promoting sustainable transport measures shall be submitted annually on each anniversary of the date of the planning consent to the Local Planning Authority for approval for a period of five years from first occupation of the development permitted by this consent. 

(In the interests of highway safety and to encourage the use of sustainable modes of travel and in compliance with policiesGEN1 (Minimum Requirements for Development) and GEN2 (Impact of Development on the Environment) of the Bolsover District Local Plan)

 

Highways

 

15. No development shall take place until a construction management plan or construction method statement has been submitted to and been approved in writing by the Local Planning Authority.  The approved plan/statement shall be adhered to throughout the construction period.  The statement shall provide for the storage of plant and materials, site accommodation, loading, unloading of goods’ vehicles, parking of site operatives’ and visitors’ vehicles, routes for construction traffic, hours of operation, method of prevention of debris being carried onto highway and any proposed temporary traffic restrictions.

(In the interests of highway safety and in compliance with policiesGEN1 (Minimum Requirements for Development) and GEN2 (Impact of Development on the Environment) of the Bolsover District Local Plan)

 

16. The gradient of the access into the site shall not exceed 1 in 30 for the first 10m into the site from the highway boundary.

(In the interests of highway safety and in compliance with policiesGEN1 (Minimum Requirements for Development) and GEN2 (Impact of Development on the Environment) of the Bolsover District Local Plan)

 

17. Prior to any other works commencing on site, any temporary access for construction purposes shall be constructed to Cartwright Lane, such access shall have a minimum width of 7.3m, visibility splays of 2.4m x 43m in each direction and a 10m radius on the western side with appropriate surfacing to inhibit the deposit of mud and debris on the public highway. 

(In the interests of highway safety and in compliance with policiesGEN1 (Minimum Requirements for Development) and GEN2 (Impact of Development on the Environment) of the Bolsover District Local Plan)

 

18. Prior to the first occupation of any premises hereby permitted, the enlarged Berristow Lane roundabout and access road, together with servicing, car parking and manoeuvring space shall be laid out in accordance with the application drawings, constructed to base level, drained and lit and maintained throughout the life of the development free of any impediment to its designated use.

(In the interests of highway safety and in compliance with policiesGEN1 (Minimum Requirements for Development) and GEN2 (Impact of Development on the Environment) of the Bolsover District Local Plan)

 

Contaminated Land

 

19. a.         Site Characterisation

 

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed prior to the commencement of development in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i)             a survey of the extent, scale and nature of contamination;

(ii)        an assessment of the potential risks to:

• human health,

• property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

• adjoining land,

• groundwaters and surface waters,

• ecological systems,

• archeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

 

b.         Submission of Remediation Scheme

 

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 must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must 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.

 

c          Implementation of Approved Remediation Scheme

 

The approved remediation scheme must be carried out in accordance with its terms unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

 

 

d.         Reporting of Unexpected Contamination

 

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of paragraph a, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of paragraph b, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with paragraph c.

 

e          Importation of soil

 

In the event that it is proposed to import soil onto site in connection with the development, the proposed soil shall be sampled at source and analysed in a laboratory that is accredited under the MCERTS Chemical testing of Soil Scheme for all parameters requested (where this is available), the results of which shall be submitted to the LPA for consideration.  Only the soil approved in writing by the Local Planning Authority shall be used on site.

(The site has the potential to be contaminated because of past uses on or near the site and to ensure all contaminated land is dealt with without risk to human health and wildlife in compliance with policies GEN1 (Minimum Requirements for Development) and GEN2 (Impact of Development on the Environment) of the Bolsover District Local Plan). 

 

Noise

 

20. Notwithstanding the information already provided, the development hereby approved shall not be brought into use unless and until:

 

a       Further information has been submitted regarding the acoustic assessment dated September 2019 (Peter Brett Associates Project Ref: 41960/3001 rev 4)  along with an updated scheme specifying the provisions to be made for the control of sound emanating from the site has been submitted to and approved in writing by the Local Planning Authority. The assessment shall identify and quantify all sound sources from the development and shall assess the significance of the sound impact, taking into account the uncertainty of the assessment at the boundary of any neighbouring dwellings in accordance with the methodology described in the British Standard BS4142:2014 Methods for rating and assessing industrial and commercial sound.  The scheme shall also include details of a delivery management scheme. 

 

b       Upon completion of all works within the approved scheme a validation report shall be completed by a competent person and shall be submitted to and approved in writing by the Local Planning Authority.

c       The approved scheme shall be implemented in full and retained thereafter.

 

(To protect the noise environment and amenity of nearby residential properties, to avoid an increase in overall noise levels in the area and incompliance with policies GEN1 (Minimum Requirements for Development) and GEN2 (Impact of Development on the Environment) of the Bolsover District Local Plan)

 

Environmental Impacts

 

21. Prior to the start of any phase of development, a site specific construction environmental management plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority.  This shall include details such as (but not limited to) working hours, noise and dust mitigation measures including demolition and construction methods and locations of any stockpiles/site compounds, use of temporary acoustic barriers, wheel washes etc. where required.  This CEMP shall then be implemented throughout the course of the development.

 

(To protect the environment and amenity of nearby residential properties and incompliance with policies GEN1 (Minimum Requirements for Development) and GEN2 (Impact of Development on the Environment) of the Bolsover District Local Plan)

 

Air Quality

 

22. Prior to the first occupation of any unit developed on the site, a scheme of air quality improvement measures shall be submitted to and approved in writing by the Local Planning Authority.  This shall include any mitigation measures such as (but not limited to) requirements for green infrastructure, electrical vehicle charging points and requirements for low emission vehicle fleets as appropriate.  The approved scheme shall be implemented for the life of the development.

 

(To minimise and mitigate any potential impacts on air quality in the area as there is an on-going issue with respect to air quality along the A38 in the vicinity of the development, and in compliance with policies GEN1 (Minimum Requirements for Development) andGEN2 (Impact of Development on the Environment) of the Bolsover District Local Plan).

 

Biodiversity

 

23. Prior to the commencement of development (which includes removal of trees and the demolition of buildings) a detailed bat mitigation strategy shall be submitted to and approved in writing by the Local Planning Authority and a copy of the EPS license once obtained shall be submitted to the Local Planning Authority. 

 

24. The mitigation and habitat enhancement measures for great crested newt outlined in the submitted ecological appraisal (sections 5.50 and 5.51) shall be implemented in full, a copy of the EPS licence, once obtained, shall be submitted to the Local Planning Authority.

 

25. No removal of hedgerows, trees, shrubs or brambles shall take place between 1st March and 31st August inclusive, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period, and details of measures to protect the nesting bird interest on the site, have first been submitted to and approved in writing by the Local Planning Authority and then implemented as approved.  

 

Construction Environmental Management Plan (Biodiversity)

 

26.No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan for Biodiversity (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall include the following.

                      i.        Risk assessment of potentially damaging construction activities.

                    ii.        Identification of “biodiversity protection zones”.

                   iii.        Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements e.g. for reptiles).

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

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

                   vi.        Responsible persons and lines of communication.

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

                viii.        Use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be adhered to and implemented throughout the construction period in accordance with the approved details. 

 

27. Ecological Mitigation and Management Plan (EMMP)

 

The Ecological Mitigation and Management Plan (EMMP) described in the submitted Ecological Appraisal shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of the development.  The EMMP should include the following:

                      i.        Details of the Ecological Mitigation Areas and the habitats to be created and managed.

                    ii.        Aims and objectives of management.

                   iii.        Timescales for habitat creation and management

                   iv.        Appropriate management options for achieving aims and objectives.

                    v.        Prescriptions for management actions.

                   vi.        Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

                  vii.        Details of the body or organization responsible for implementation of the plan.

                viii.        Ongoing monitoring visits, targets and remedial measures when conservation aims and objectives of the EMMP are not being met.

                   ix.        Locations of bat boxes, bird boxes, hedgehog holes and habitat piles and/or other (include specifications/installation guidance/numbers)

                    x.        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 EMMP shall be implemented in accordance with the approved details.

(Reason conditions 23 – 27 To mitigate for the loss of established biodiversity as a result of the development and to provide a net gain in compliance with policies ENV5 (Nature Conservation Interests throughout the District) and GEN2 (Impact of Development on the Environment) of the Bolsover District Local Plan and the policies of the National Planning Policy Framework).  

 

                                                                                              

Councillor Jen Wilson left the meeting at this point.