applications for determination development control

100
Item 5 Item 5 East Northamptonshire Council Cedar Drive THRAPSTON Northamptonshire NN14 4LZ APPLICATIONS FOR DETERMINATION DEVELOPMENT CONTROL COMMITTEE - 9 November 2011 INDEX OF APPLICATIONS FOR CONSIDERATION Application Location Recom. Page No. EN/11/01109/FUL 110 Higham Road Rushden Refuse 2 Northamptonshire NN10 6DF EN/11/00700/OUT Phase 2 Warth Park Way Raunds Grant 12 Northamptonshire EN/11/01054/FUL 169 Bedford Road Rushden Refuse 44 Northamptonshire NN10 0SA EN/11/01102/FUL Plots 11 To 14 Haldens Parkway Thrapston Grant 51 Northamptonshire NN14 4QS EN/11/01341/FUL Land Adjacent Honey Bun Hill Newtown Grant 68 Brigstock Northamptonshire EN/11/01447/REM 33 Westfields Easton On The Hill Stamford Grant 74 Northamptonshire PE9 3LY Development Control Committee 1 of 100 Date printed 9 November 2011

Upload: others

Post on 18-Dec-2021

2 views

Category:

Documents


0 download

TRANSCRIPT

Item 5

Item 5 East Northamptonshire Council

Cedar Drive THRAPSTON Northamptonshire NN14 4LZ

APPLICATIONS FOR DETERMINATION

DEVELOPMENT CONTROL COMMITTEE - 9 November 2011

INDEX OF APPLICATIONS FOR CONSIDERATION

Application Location Recom Page No

EN1101109FUL 110 Higham Road Rushden Refuse 2 Northamptonshire NN10 6DF

EN1100700OUT Phase 2 Warth Park Way Raunds Grant 12 Northamptonshire

EN1101054FUL 169 Bedford Road Rushden Refuse 44 Northamptonshire NN10 0SA

EN1101102FUL Plots 11 To 14 Haldens Parkway Thrapston Grant 51 Northamptonshire NN14 4QS

EN1101341FUL Land Adjacent Honey Bun Hill Newtown Grant 68 Brigstock Northamptonshire

EN1101447REM 33 Westfields Easton On The Hill Stamford Grant 74 Northamptonshire PE9 3LY

Development Control Committee 1 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 27 October 2011

Case Officer Susan Scott EN1101109FUL

Date received Date valid Overall Expiry Ward Parish 18 July 2011 29 July 2011 23 September 2011

Rushden Spencer Rushden

Applicant Mr K Cheng

Agent Brian Barber Associates

Location 110 Higham Road Rushden Northamptonshire NN10 6DF

Proposal Change of use from A1 (shop) to A5 (hot food takeaway) and alteration of shop front (Resubmission of 1001481FUL)

The application has been brought to Committee following an objection from Rushden Town Council and as a previous application for a hot food takeaway at the site had been refused by Members

1 Summary of Recommendation

11 That permission be REFUSED

2 The Proposal

21 The application proposes a change of use to part of the ground floor from A1 retail to A5 (hot food takeaway) The application is a resubmission of EN1001481FUL where a decision to refuse was made at the Development Control Committee on 10 November 2011 Following a subsequent appeal which was dismissed the applicant has supplied details for an alternative odour extraction system A copy of both the Inspectors appeal decision and costs decision are attached

22 Residential use is proposed to the rear and to the first floor

23 The proposed customer service area and associated cooking area would measure 70 square metres in total and would be located to the front of the property in the location presently occupied by the retail area The 70 square metres would be formed from the present 38 square metres of the existing retail area with the addition of 32 square metres of the existing residential area There would be no change to the existing footprint at the front of the premises but the access door would be moved slightly to accommodate a ramped access

24 The proposed opening hours are from 11am to 2pm and 5pm to 10pm Monday to Friday and 11am to 10pm during weekends and Bank Holidays

3 The Site and Surroundings

31 The site is a detached two storey property located at the junction of Prospect Avenue and Higham Road Rushden Higham Road was the main A6 trunk road prior to the opening of the Higham Ferrers and Rushden bypass It is still a major route between both towns

Development Control Committee 2 of 100 Date printed 9 November 2011

32 The property has an existing A1 retail class use with associated residential use to the rear and first floor The shop closed approximately two years ago and the property has been secured and vacated

33 The site is surrounded by residential premises to all sides To the opposite side of the road and slightly to the south of the site is Kilburn Place which provides sheltered accommodation for the elderly

34 Immediately adjacent to and opposite the site on Higham Road are bus stops which are for services between Rushden and Kettering Raunds and Northampton and the local Higham Hoppa service On alternate journeys the Higham Hoppa also travels along Prospect Avenue using the junction adjacent to the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1 ndash Delivering Sustainable Development PPS4 ndash Planning for Sustainable Economic Growth PPS23 - Planning and Pollution Control PPG24 ndash Planning and Noise

42 Planning for Growth - Ministerial Statement March 2011

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 9 ndash Distribution and Location of Development Policy 13 ndash General Sustainable Development Principles

44 East Northamptonshire Local Plan 1996 No saved policies

45 Supplementary Planning Guidance NA

46 Other Documents Highway Standing Advice for Planning Authorities Working Draft July 2008 Three Towns Preferred Options Rushden Higham Ferrers and Irthlingborough

5 Relevant Planning History

51 EN1000861FUL Change of use from A1 to A5 (hot food takeaway) Withdrawn 30062010

52 EN1001481FULL Change of use from A1 to A5 (hot food takeaway) Refused 07122010

Grounds for refusal were highway safety crime and disorder and health

53 APPG2815A112143857 Appeal against refusal Appeal dismissed 7062011 with partial costs awarded against the Council on both the crime and disorder and health reasons for refusal It was the Inspectors opinion that the Councils case on both issues comprised of vague generalised assertions which were not properly supported by objective analysis

6 Consultations and Representations

61 Neighbours

Development Control Committee 3 of 100 Date printed 9 November 2011

611 Resubmission of the petition with 501 signatories opposing the previous application (EN1001481FUL) on the following grounds

ldquoWe the residents are fighting against having another Fish and ChipChinese takeaway in your area which is 5 minutes walk away in High Street Higham Ferrers We already have 21 Takeaways in Rushden and 6 in Higham Ferrers excluding Pubs and clubs also another 3 are planned The odours smells noise increased traffic and anti social behaviour will be a real problem from this businessrdquo

612 30 individual objectors most of whom are included in the petition Each objected for a variety of reasons and the numbers objecting for each reason are detailed below

bull Increase in litter ndash 21 objections bull Anti Social Behaviour ndash 21 objections bull Need for a further takeaway facility ndash 17 objections bull Highway safety ndash 19 objections bull Parking problems ndash 19 objections bull Cooking odour ndash 22 objections bull Attraction of vermin ndash 5 objections bull Noise ndash 17 objections bull Development unsuitable for a residential area ndash 12 objections bull Contrary to policy ndash 2 objections bull Contrary to the Local Area Agreement 1 objection bull Health of schoolchildren and public in general ndash 14 objections bull Localism - 1 objection bull Inconsistencies in application form ndash 1 objection bull Property is at risk of subsidence ndash 1 objection bull Increased fire risk - 1 objection bull Safety of public due to reduced street lighting - 2 objections bull No economic benefit - 2 objections bull Loss of property values - 2 objections bull Why has a further application been allowed - 11 objections bull Trees on site - 1 objection

613 In addition to the copy of the petition submitted against the previous application the following copy documents from the residents appeal statement were received

bull Survey of takeaways cafes pubs and clubs in Rushden and Higham Ferrers bull Letter from NHS Primary Care Trust dated 28 September 2010 regarding the

Northamptonshire Healthy Weight Healthy Lives Strategy and its specific focus on children and young people to combat obesity

bull Appeal Statement dated March 2011 bull Details of R(on the application of Copeland) v Tower Hamlets London Borough Council

judicial review whereby the grant of planning permission for a hot food takeaway within close proximity to a school was quashed

bull Traffic survey taken between 8am and 8pm on Tuesday 8 February 2011 bull Letter from the Ferrers Specialist Arts College dated 2 September 2010 supporting the

residents objection to the proposal bull Ferrers Specialist Arts College Years 11 12 and 13 questionnaire results regarding hot

food takeaway usage

614 Other copy documents were submitted as follows

bull Northamptonshire Police appeal for witnesses to criminal damage to a wall in Higham Road on 13082011

bull Press release regarding Barking and Dagenham Councils success in winning an appeal against Dominos Pizza for a takeaway near a primary school

Development Control Committee 4 of 100 Date printed 9 November 2011

615 One objection giving a detailed analysis of the Inspectors decision requesting that Members not limit their decision to the Inspectors conclusions alone as any subsequent appeal would be considered entirely on its own merits and all evidence reconsidered

62 Rushden Town Council ndash Objection as the Members considered that the proposed change of use would cause an increase in traffic movements noise possible cooking smell and litter nuisance to residents within the area

Members felt that the estimated 50-100 preparations per day was unrealistic and that the proposed ventilation system would not be adequate to eliminate cooking smells from a residential area The Inspectors conclusions of 7 June 2011 remain relevant

63 Northamptonshire Police Crime Prevention Design Advisor ndash No formal objection but recommended that a condition be attached to any approval requiring provision and installation of public litter bins and that the proprietor must take some liability to clear any associated litter in the immediate vicinity Reminded the Council of the need to consider crime and disorder issues on all planning applications as described in PPS1 and Section 17 of the Crime and Disorder Act

64 Local Highway Authority ndash No objection in principle to the proposal The Highways Authority has provided detailed comments on the concerns of residents as regards parking and highway safety These matters are addressed at paragraph 74 Highway Impact Should approval be granted they recommend that the following condition should be imposed

ldquo Notwithstanding the submitted details prior to the commencement of development the following street furniture details shall be submitted to and approved in writing by the local planning authority-

bull The supply and installation of appropriate measures to prevent vehicle access and use whilst maintaining the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safetyrdquo

65 Environmental Protection ndash Initial objection as there was no update to the previous noise assessment An addendum to the previous assessment was deemed to be acceptable and was submitted on 10 October 2011 The addendum showed that there would be no adverse impact on nearby residents and therefore the objection was withdrawn

No objection on the grounds of noise nuisance providing conditions are placed on the planning permission to ensure the equipment stated in section 21 of the acoustic report is used

66 Environmental Health (Commercial) ndash No objection to the revised odour control measures Providing the system is installed according to the manufacturers specification and is regularly and properly maintained this should not give rise to a statutory nuisance by way of odour However the officer cannot state categorically that there will be a total absence of odour and therefore cannot comment upon the loss of amenity of the residents

67 Site notice posted

7 Evaluation

71 The following issues are relevant to the determination of this application

Development Control Committee 5 of 100 Date printed 9 November 2011

72 Principle of development

721 Both National and Local planning policy give priority to the use of previously developed land and buildings as is the case with this site

722 The site previously contained an A1 use however as the site is not within a primary shopping frontage there is no objection to the loss of this retail unit

723 The site however lies within what is predominantly a residential area and whilst PPS4 requires planning authorities to adopt a positive and constructive approach towards planning applications for economic development in determining whether the principle of development would be acceptable consideration needs to be given to the impact that the development would have on this residential area and how this differs from the existing A1 use

724 The statement issued by The Minister of State for Decentralisation on 23 March 2011 followed the commitment made by the Chancellor of the Exchequer in the Budget to publish an ambitious set of proposals to help rebuild Britains economy It was identified that the planning system had a key role in ensuring that sustainable development to support economic growth

725 The Ministerial Statement included an obligation for local planning authorities to ensure that they give appropriate weight to the need to support economic recovery and that applications that secure sustainable growth are treated favourably (consistent with policy PPS4) and that they can give clear reasons for their decisions

726 Policy 13 of the North Northamptonshire Core Spatial Strategy builds on these objectives to meet needs while protecting assets and the recommendation for refusal in this case is based on the core values of this policy

727 It is considered that the Ministerial Statement although having relevance to the application will not change the weight given to other material considerations relevant to this application

73 Visual impact

731 The proposed external changes to the building are the removal of the existing access door the provision of a new access door to the north elevation in Prospect Avenue the provision of an access ramp and the installation of a black painted external steel flue located adjacent to and to the same height as an existing chimney stack It is considered that the proposal would not result in a detrimental impact on the character and appearance of the street scene or the surrounding area

732 Should Members be minded to approve the application a condition could be imposed in relation to the appearance and the installation of the external ducting

74 Neighbouring Amenity

741 Unlike a retail use takeaways unless they are carefully controlled can result in noise and odour problems

742 Environmental Protection (Residential) have offered no objection The acoustic report submitted as part of the application demonstrates that the proposed development is unlikely to have any adverse impact on nearby residential premises They recommend that a condition is placed on the planning permission requiring that the extraction system referred to in paragraph 21 of the acoustic report is installed

Development Control Committee 6 of 100 Date printed 9 November 2011

743 Environmental Protection (Commercial) have offered no objection as regards odour providing that the electrostatic precipitator which would control odour levels is installed correctly and maintained in a manner recommended by the manufacturer

744 However when dismissing the appeal against the previous refusal the Inspector noted (paragraph 8) that Annex 1 of Planning Policy Statement 23 Planning and Pollution Control says statutory nuisance is not intended to secure a high level of amenity and nuisance does not equate to a loss of amenity Rather a significant loss of amenity will often occur even with a highly effective system The Inspector considered that the views of the EHO in relation to odour did not necessarily indicate that harm to the amenity of residents would not result from the proposal but was satisfied that any noise from inside the building or from the ventilation system would have no adverse affect

745 The Inspector was also of the opinion (paragraph 7) that given the close relationship of the site to the surrounding dwellings the nature of the food to be cooked and the character of the area that no condition attached to a grant of planning permission would ensure that a suitable ventilation system could be agreed

746 In view of the previous appeal decision the Inspectors comments and those of the EHO that they are unable to state categorically that there will be a total absence of odour the proposal has strong potential to detract unreasonably from the living conditions of the neighbouring residents by virtue of odours arising from the cooking process and therefore conflicts with Policy 13 of the North Northamptonshire Core Spatial Strategy

75 Highway Impact

751 The Local Highway Authority has no objection to the application as in its opinion the proposed takeaway would not significantly attract any more traffic flow than the existing A1 use

752 A large percentage of objections to the proposal refer to problems with on street parking in Prospect Avenue and the dangerous junction with Higham Road due to limited visibility and irresponsible parking

753 The Local Highway Authority has provided a detailed response on the highway safety and parking issues raised by local residents In summary the response states that the width of both Prospect Avenue and Higham Road allow some form of on-street parking although this is restricted by junctions and driveways To allow an emergency vehicle or bus to pass through easily would mean that cars could not be parked directly opposite each other Considerate parking to allow the safe movement of all road users is a requirement of the ldquoHighway Coderdquo

754 The original response was based on the opinion that both Prospect Avenue and Higham Road had a nominal width of 73 metres When this statement was challenged the Local Highway Authority accepted that Prospect Avenue had a width of 69 metres and the width of Higham Road varied No figures were given for this variation They therefore concluded that the roads did have a nominal width of 73 metres and made no change to the opinion that the highway authority had no objection to the proposal

755 The Highway Authority advise that consideration could be given in the future to imposing a ldquoTraffic Regulation Orderrdquo at the junction of Prospect Avenue and Higham Road This would allow the provision of double yellow lines which could then be subject to enforcement action by the appropriate authority This would already apply to the bus stops on either side of Higham Road

Development Control Committee 7 of 100 Date printed 9 November 2011

756 The Local Highway Authority has also provided figures relating to accidents classified as serious within the Department for Transport definition These figures were taken from statistics from 2001 to 2007 while the premises concerned was still operating as a shop and before the opening of the Rushden and Higham bypass The figures show two serious accidents within 100 metres of the junction and two more slightly outside the 100 metre radius

757 Since 21 September 2010 there have been no injury collisions recorded at or near to the junction of Higham Road and Prospect Avenue and only two damage only collisions For this reason the Local Highway Authority believes there is no reason for concern over the junctionrsquos history with regard to the application under consideration

758 The Local Highway Authority does however have concerns that inconsiderate drivers may park on the footway fronting the development site and should the application be approved has suggested the following condition ldquoNotwithstanding the submitted details prior to the commencement of the development the following details shall be submitted to and approved in writing by the local planning authority-

bull Measures to provide appropriate street furniture to prevent vehicle use whilst maintain the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safety

759 Although the Local Highways Authority has no objection to the application subject to condition they advise that the Local Planning Authority has to satisfy itself that there would be sufficient on-street parking to sustain the development

7510A large number of representations have highlighted the parking issues in Prospect Avenue particularly at the junction with Higham Road and the impact parking has on the free flow of traffic in and out of the Avenue This was particularly true when the previous retail unit was still open

7511Although the visibility splays on exiting Prospect Avenue into Higham Road are acceptable the Local Highways Authority do not consider the visibility on turning off the main road Located within the pavement on both sides of Prospect Avenue and near to the junction are two large trees the trunks of which do limit visibility along Prospect Avenue as you turn in Any vehicles parked close to the junction would cause vehicles entering or leaving the Avenue to drive in the middle of the road This fact along with the reduced visibility on entering Prospect Avenue is a cause for concern

7512There is a clear conflict of interest with a proposed facility that would inherently attract a level of private car travel to a site in a residential area that relies heavily on on-street parking The nature of a hot food takeaway requires that food is taken away to be eaten while still hot and despite what the Highway Authority says your officers view is that it is likely that the level of private car travel will be higher than for the previous retail use

7513Whilst accepting that the proposed use is likely to have some adverse impact on the highway network such impact would not warrant a refusal on the grounds of highway safety due to the remedial measures suggested by the Local Highway Authority

Development Control Committee 8 of 100 Date printed 9 November 2011

7514Highway safety was one of the reasons for refusal on the previous application The Inspector concluded that due to opportunities to park nearby the proposal would not have a material effect on highway safety when compared with the existing use as a shop and that the proposal would not conflict with Policy 13 of the Core Strategy Costs were not awarded against the Council on this reason for refusal as the Inspector believed the Council had not been unreasonable in its position However it would be unreasonable behaviour if the Council continued to argue that the proposal would impact on highway safety

76 Litter and Other Environmental Impact

761 Increased litter is a major concern of objectors along with the vermin which it may attract

762 Litter bins and recycling bins are to be made available on site although full details are not provided Provision of details could be controlled by condition if Members were minded to grant permission

763 The applicant states that there will be no trade effluents or waste As the proposal is for a fish and chip shop it would seem natural that there will be food waste including the parts of the fish which are not used if the fish are prepared on the premises and used cooking oil Should Members be minded to approve the application these are matters which could be controlled by condition

77 Crime and Disorder

771 Many local residents have raised concerns that the takeaway would result in crime and disorder issues Northamptonshire Police have advised that they have no evidence to suggest that the change of use will increase occurrences of anti-social behaviour in the area and that they have no formal objection to the application They recommend the addition of a condition requiring that the proprietor of the premise fund the installation of appropriately placed public litter bins and take liability to clear any associated litter lying around in the immediate vicinity

772 As Northamptonshire Police have raised no objection to the proposal and would be the authority responsible should issues arise it is considered that the application would be difficult to refuse on grounds of crime and disorder Northamptonshire Police have also been consulted by Northamptonshire County Council regarding the switching off of the adjacent street lighting

773 In the determination of the previous application one reason for refusal agreed by Members was the likelihood of an increase in and the fear of crime and disorder In his appeal decision the Inspector stated that there was no evidential basis to show an expected increase in crime and disorder in connection with the change of use and that the fear of crime did not demonstrate a conflict with Policy 13 if the Core Strategy Costs were awarded against the Council as significant weight had been placed on the concerns of the public rather than valid planning reasons (paragraph 5)

78 Proximity to local schools

781 Many local residents have raised concerns about the possibility of a takeaway being opened at a site which lies between the two local secondary schools and on a route that schoolchildren will take Their concerns are that pupils from both the Ferrers Specialist Arts College and the Rushden Community College will have easy access to unhealthy food

Development Control Committee 9 of 100 Date printed 9 November 2011

782 In June 2010 the High Court quashed a decision taken on an application for a takeaway close to a school [ R (on the application of Copeland) v Tower Hamlets London Borough Council] The facts of the case were that Tower Hamlets had approved an application for a hot food takeaway within 500 yards (457 metres) of the entrance to a local school The Judge ruled that the Councillors had been wrongly informed that they could not take the proximity of the school into account as a material consideration The Judges view was that the healthy eating policy of the school should have been considered by the Council

783 The case does not mean that applications for takeaways close to schools should automatically be refused What it made clear however is that the proximity of a takeaway to a school is a material consideration Members need to consider the weight to apply to this consideration

784 One further reason for refusal of the previous application was that it was contrary to Policy 13 of the Core Strategy which states that development should be designed to promote healthier lifestyles The Inspector concluded that although the proximity to the school and the health of pupils was a material consideration the numbers of pupils taking advantage of the proposal would not be significant as to warrant refusal Costs were awarded against the Council as to carry significant weight such concerns should be founded on valid planning reasons supported by substantial evidence It was the Inspectors opinion that such evidence had not been forthcoming (paragraph 5)

785 As alternative existing takeaways with similar or longer opening hours are available locally overall it is considered that the proximity to the school and the health of the public would not warrant a refusal of planning permission

79 Public Opposition

791 Public opposition can be a material consideration even if it is found to be unjustified It remains a matter for the decision maker to asses the weight to be applied Fears and concerns by members of the public may constitute a material consideration if they relate to a matter which in itself is material or they are objectively justified However where public concern is baseless such concern should not influence any decision to an unreasonable degree

792 The public opposition in the case includes concerns about all of the material considerations above principle of development visual impact neighbouring amenity highway impact litter and environmental impact crime and disorder and proximity to local schools The public opposition is therefore itself a material consideration However for reasons set out in this report officers views are that these concerns would not warrant a refusal of planning permission

8 Other issues

81 Access for the Disabled ndash The proposal incorporates a ramped access to the serving area Therefore this application does not raise any significant issues which cannot be controlled through Building Regulations

82 The Local Area Agreement (LAA) is not an adopted Development Plan Document (DPD) Northamptonshires LAA forms part of the action plan for delivering the Sustainable Communities Strategy priorities One such priority is to help residents to make choices that improve their health and wellbeing However the LAA forms only part of the Community Strategy priorities and lies outside the area of wider planning policy The Northamptonshire NHS Healthy Weight Healthy Lives Strategy 2010-2014 and the Schools Healthy Eating Policies have already been taken into account when considering the proximity of the takeaway to the local schools and it is the officers view that the LAA would not add any further weight to warrant a refusal

Development Control Committee 10 of 100 Date printed 9 November 2011

83 The need for this type of business is not in itself a material consideration There is no adopted Development Plan Policy which seeks to limit the number of takeaways in this particular area

84 The issue of subsidence at the site is not a material planning consideration

85 Fire safety precautions would be subject to Building Regulations

86 Localism It is the clear intention of the government to reform the planning system to give local people more influence over their lives However the Localism Bill is still working its way through Parliament and may be subject to change before it becomes law and should be given limited weight

87 Repeat applications The criteria for acceptance of planning applications for similar development at a specific site are provided in Part 4 of the Planning and Compulsory Purchase Act 2004 Guidance is given in ODPM Circular 082005 Powers to decline to determine an application extend only to two refusals by the local planning authority within the last two years The Circular also states that if an application has been revised in a genuine attempt to take account of objections to an earlier proposal then it should be determined The current application has been submitted taking into account the Inspectors reason for refusal

9 Recommendation

91 That the application be REFUSED for the following reason

10 ConditionsReasons -

1 The proposed development due to the close relationship of the site to the surrounding dwellings by reasons of smell and odour would give rise to a significant loss of amenity for neighbouring dwellings The application is therefore considered to be contrary to Policy 13 (l) of the North Northamptonshire Core Spatial Strategy which states that development should not result in an unacceptable impact on the amenities of neighbouring properties and the wider area by reason of noise vibration smell light or other pollution loss of light or overlooking

Informatives

1 The drawings to which this decision relates are as follows Drawing nos 1 and A100 received by the Local Planning Authority on 18 July 2011

Development Control Committee 11 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 28 October 2011

Case Officer Samantha Hammonds EN1100700OUT

Date received Date valid 9 May 2011 15 June 2011

Windmill Raunds

Overall Expiry Ward Parish 14 September 2011 Raunds

Applicant Roxhil Warth Ltd And Robert How - Mr M Eckershall

Agent Mr David Shaw

Location Phase 2 Warth Park Way Raunds Northamptonshire

Proposal Outline Demolition of existing buildings development of employment park including A345 B1b and c B8 C1 Di and D2 uses together with access parking areas and open space (all matters reserved except for access)

1 Summary of recommendation

11 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

2 The proposal

21 This is an outline application for development of an employment park including A345 B1b and c B8 C1 D1 and D2 uses together with access parking areas and open space to make way for the proposed development the existing Scalley Farm would be demolished Only access is up for consideration at this stage all other matters are reserved for later consideration

22 Indicative plans have been submitted that show how the site could be developed These plans show a cluster of leisure uses including a hotel health and fitness unit two family pubs a family restaurant and a creche forming a gateway to the development and to Raunds itself by reason of their position on the northern corner of the site adjacent to the A45 roundabout and opposite the football club West of this leisure gateway would be a cluster of small B1b and c business units which could be for research and development laboratories or light industry and these would be situated immediately north of the existing Wiseman Dairies building A new estate road would run between the business and leisure clusters leading in an arc to three large B8 warehouse units and their associated parking Beyond these in the western corner and north western edge of the site would be an area of landscaped public open space and sustainable urban drainage systems A public footpath and cycleway would meander through the public open space joining up with the end of the Meadow Lane bridleway

23 The indicative breakdown of uses that has been put forward in the application (Transport Assessment and Sequential Impact Assessment) is as follows

Development Control Committee 12 of 100 Date printed 9 November 2011

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

24 The following reports and information accompanied the application bull Environmental Statement bull Design amp Access Statement bull Sustainability Statement bull Transport Assessment bull Framework Travel Plan bull PPS4 Sequential and Impact Statement bull Outline Waste Management Plan bull Ground Investigation Reports bull Statement of Community Involvement bull Flood Risk Assessment

25 During the course of the applications revisions were made to the masterplan road layout Flood Risk Assessment the Travel Plan the Archaeological Investigation Ecological Surveys Sequential and Impact Assessment and additional photomontages were produced A full re-consultation on these amendments was initiated on 29 September 2011

26 As the proposal is for a major out of centre development and includes leisure uses the application will need to be referred to the Secretary of State before permission can be granted

3 Site and Surroundings

31 The site is situated to the north west of the settlement of Raunds and is currently agricultural land occupied by a farmstead known as Scalley Farm The site forms a large triangle of land to the north and west of the existing Warth Park development bound to the south by Meadow Lane to the north west by the A45 and to the east by London Road Open countryside surrounds the site in all directions except to the east where the site abuts the built edge of Raunds and its associated mix of employment leisure and residential uses

32 The site is effectively a valley slope with its south eastern end situated on a ridge before sloping down towards the north west and the A45 Beyond the site boundary and the A45 the valley continues to slope downwards towards Stanwick Lakes and the River Nene

33 The Upper Nene Valley Gravel Pits Site of Special Scientific Interest (SSSI) and the Special Protection Area (SPA) is situated some 200m to the north east of the site on the opposite side of the A45 This area also accommodates two former medieval settlements which are historic monuments of special archaeological interest

34 Whilst part of the application site is situated in the parish of Ringstead the village of Ringstead is some distance away from the proposal

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development

PPS4 ndash Planning for Sustainable Economic Growth (and Practice Guide) PPS7 ndash Sustainable development in rural areas

Development Control Committee 13 of 100 Date printed 9 November 2011

PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

PPS22 ndash Renewable Energy PPG24 ndash Planning and Noise

PPS25 ndash Development and Flood Risk

42 Regional Spatial Strategy for the East Midlands (RSS8) Policy 1 - Regional Core Objectives Policy 2 - Promoting Better Design Policy 11 - Development in the Southern Sub-Area Policy 18 - Regional Priorities for the Economy Policy 20 - Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 22 - Regional Priorities for Town Centres and Retail Development

43 East Northamptonshire Local Plan 1996 Saved Policy GEN3 ndash Planning Obligations

44 North Northamptonshire Core Spatial Strategy Policy 1- Strengthening the Network of Settlements Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution amp Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

45 Supplementary Planning Guidance Planning out crime Parking Sustainable Design Biodiversity

46 Other documents HM Treasury Plan for Growth (March 2011)

Draft National Planning Policy Framework (July 2011) East Northamptonshire Employment Land Review (ELR) December 2006 Northamptonshire Strategic Employment Land Assessment (SELA) November 2009

Raunds Masterplan Raunds Area Preferred Options

5 Relevant Planning History

51 0200025FUL - Use for B1 business B2 industrial and B8 warehousedistribution Permitted March 2003

52 0300564OUT - Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted

53 0600904RWL - Renewal of 0300564OUT Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted July 2006

54 0701304REM - Approval of reserved matters for a single industrial warehouse building Permitted September 2007

55 The above consents in as far as they relate to the application site have expired and can no longer be implemented

6 Consultations and Representations

61 Responses from residents and neighbours

Development Control Committee 14 of 100 Date printed 9 November 2011

611 10 objections were received from local residents of Raunds and Stanwick

LANDSCAPE AND VISUAL bull Worried about loss of countryside bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Impact on visual amenity of the district It will be seen for miles around including views

to and from Stanwick Lakes This sort of development should be out of view not on the skyline

bull More landscaping is needed to hide the big sheds along the Meadow Lane boundary bull More attention is needed to bunding screening and landscaping using mature trees bull Can we insist on darker cladding like the GEM building at the entrance to Warth Park

as this greatly reduces the visual impact a short distance away bull Photomontages are misleading as they are taken from a long distance bull To extend the existing Warth Park development as proposed would be a mistake as it

would be a blot on the landscape bull Views from Stanwick Ringstead and Addingtons would be destroyed bull More consideration is needed of the view from Stanwick Lakes which is an area of

natural beauty and a top tourist attraction bull Industrial units ruin the first impression of Raunds gateway Raunds is a picturesque

rural town not an industrial estate bull No architectural merit of appeal bull How will the gateway look as you approach the site from within Raunds This is more

important to local people than the long-distance views bull Height of the proposed units is out of scale to the existing development bull Layout increases the visual impact and simply serves to cram as much in as possible

around the site constraints

TRAFFIC bull Increase in lorry traffic on the single carriageway A45 between Stanwick and Thrapston bull Too many lorries going in and out causing congestion bull Lorries use London Road as a short cut even though they are not supposed to

London Road is too small to cope with existing lorries The additional traffic will worsen the situation particularly if 24 hours

bull Existing hazard created by heavy lorries accessing the sewage works via a narrow bridleway More sewage will mean more traffic hazard

bull More traffic on the A45 will mean increased delays where the A45 changes from dual to single carriageway making it more likely that vehicles will seek shortcuts through Stanwick particularly during the construction phase

bull Developments of this magnitude should be on duelled roads (ie Thrapston Wellingborough)

bull Existing London Road roundabout is not suitable or of adequate size to handle HGVs bull Existing operators on Warth Park phase 1 wish to be assured that there will be no

restrictions on their vehicle movements during construction and that there will be no access to the B1C units from the Robert Wiseman access

NOISE bull 69 London Rd 17 Gardner Close 33 Crispin Way 38 Keston Way bull Have to close our windows at night due to the noise of lorries engines shunting

loading reversing sirens air conditioning fans shouting etc bull Noise during the day disturbs shift workers sleep bull More thought needs to be put into the effect of noise pollution in the local area bull Too close to a residential area to have 24 hour operation bull Additional 24 hour warehouse units will increase both the volume and frequency of the

existing disturbance bull Existing noise bunds along London Road are inadequate The height and planting of

these should be looked at bull Noise should be monitored

Development Control Committee 15 of 100 Date printed 9 November 2011

bull Could we prevent the use of reversing sirens and fansair conditioning at night bull Noise evaluation taken on a quiet day at a quiet time of year bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Anticipate huge increase in traffic noise

RESIDENTIAL AMENTIY bull Light pollution during the winter months - existing security lighting is intrusive to our

homes Further development will only increase this bull Existing lights dazzle as far away as Stanwick bull Lighting needs to be upward and not positioned so it reflects off buildings bull CCTV cameras that are operator controlled could zoom in on bedrooms at the rear of

our properties

PRINCIPLE NEED bull Is it really necessary The last development took ages to become occupied and these

have not provided the level of employment that was anticipated bull Concerns about Northamptonshire becoming a low skilled work area full of

warehouses bull Too much emphasis on low skilled part-time temporary work bull Workforce will come from surrounding conurbations not Raunds bull Environmental impact of hauling goods around on the roads to store in sheds bull Adverse impact on tourism if visitors to the area only see big sheds bull Serves the needs of the developers more than the local community bull Excessive scale of development bull This area should not proceed as this area was not even discussed for significant

extension at the latest consultation bull Will take trade away from the existing town shops rather than bring in new business bull Not all the plots on the first development were taken until the rent was dramatically

reduced putting more pressure for them to be dropped even lower now therersquos more

BOUNDARY bull Outside the boundary of Raunds it overlaps with adjacent villages

SUSTAINABILITY bull Suggest solar power for the roofs bull Renewable elements should be included bull A post construction BREEAM assessment should be carried out

FLOODING bull Building up contours to create balancing ponds will increase winter flooding of the A45

underpass bull Meadow Lane is already badly affected by winter runoff Further development will

exacerbate the problem

WILDLIFE bull No mention of red kites which are moving to the Stanwick area and use the site as their

hunting ground bull No consideration of the impact on fish in local streams bull No consideration of wildlife impact of turning rough ground into a manicured park

LOCAL INFRASTRUCTURE bull If the development goes ahead need to consider what provision is being made for the

community Will they provide space and land for social community buildings

CRITICISMS OF SUBMISSION PROCESS bull questionnaires worded with bias so that all answers have been misconstrued to favour

the application and not represent personal views bull The exhibition seemed to show a different proposal

Development Control Committee 16 of 100 Date printed 9 November 2011

bull submission contains misleading and inaccurate information (for example by saying the site is not visible from a public road or bridleway no rights of way are affected no SSSIs and SPAs are affected etc)

bull Visual effects table is unsubstantiated Challenge conclusions bull Too much detail to be studied by the public Something of this nature needs a far wider

briefing for the public and an opportunity for them to talk with people who can explain the intricacies of the proposal A public meeting should be held in the evening so that everyone can attend The public need fuller facts before this can be decided

612 Two letters of support were received and some other positive comments were made by the above objectors as outlined below

bull Bringing 1500 jobs to the area bull Local employment opportunities bull I am all for this development it looks similar to Grange Park with its mix of distribution

centres and commercial units bull Welcome a more inviting gateway to Raunds as it is too industrial at present bull Welcome the SUDS plan for surface water from the site within the parkland and

landscaping bull The open space will provide a good link to Stanwick Lakes bull Small enterprises would lead to greater opportunity for long term high skill employment

training and apprenticeships bull Highway works to each side of the road outside the football club will improve the

entrance to Raunds

62 Town Parish Councils

621 Raunds Town Council - no objections but comment as follows - retail element should not be lost by a future change of plan - full archaeological survey should be carried out - external colour scheme for buildings should blend in with natural surroundings - screening scheme of tree barriers to reduce noise and visual impact should be maintained and enhanced if possible - seek clarification of the arrangements for dealing with surface water run-off and water supply provision

622 Ringstead Parish Council - comments - Broadly supports the principle of development that provides local employment and notes that the bulk of the employment will be in the parish of Ringstead - Access enhancements are only proposed for Raunds so young people from Ringstead would not have adequate access to the new employment opportunities - The A45 has recently been surveyed as being at 100 capacity rising to 141 at peak times so it would struggle to cope with the additional traffic from this development - Question the need for the amenity area given that there are already two hotels two themed public houses and at least five food outlets on the stretch of A45 between Thrapston and Wilby

623 Stanwick Parish Council ndash initial comment confirmed no objection but requested - larger trees around the building - the building to be a different colour colour scheme to be approved - a full archaeological survey - details of water supply and surface water drainage - concerned about the amount of accidents on the A45 - avoid disturbance to nearby badger sett

Development Control Committee 17 of 100 Date printed 9 November 2011

Subsequent comments following the submission of additional photomontages indicate Stanwick Parish Council feel that the development would have an impact on Stanwick particularly visually and in respect of lighting Request

lighting scheme to be set up correctly from the outset bunding and planting for screening should be sufficient to provide immediate

mitigation rather than taking a number of years to develop

624 Great Addington Parish Council - no objection but feel the development will have an adverse impact on the surrounding area because of increased traffic congestion and light pollution A condition should be used to ensure that all lighting at the site is compliant with section 102 of the Clean Neighbourhoods and Environment Act 2005

63 Other consultation responses

631 Northants Bat Group ndash no objections

632 North Northants Badger Group ndash no objections

633 NCC contributions ndash request 26 fire hydrants and a financial contribution of pound191400 towards fire and rescue (or a sprinkler system throughout the development)

634 The Ramblers Association ndash object Details regarding footpath UG39 are inadequate The parameters plan shows a diversion of UG39 to the north into the public open space to eventually join Meadow Lane at the south west corner of the site The Ramblers Association feel that any diversion of UG39 should turn south behind the existing Warth Park development (between the existing and proposed warehouse units) to join Meadow Lane to improve access to the site from Meadow Lane Whilst we have no objections to an additional path to the north of the site and then along the landscaped corridor to join Meadow Lane at the south west corner of the site we want UG39 to be diverted south along the east boundary of the site where it would link with Marsh Lane On such a large site it should be possible to locate the units so that UG39 is not affected

635 Northamptonshire Police ndash no objection More discussion is needed in respect of lighting CCTV physical security of buildings pedestrian and cycle links boundary treatments and layout of public use buildings and areas (Note these are all issues that would be considered in detail at reserved matters stage

636 Campaign For Dark Skies ndash Given that the existing Warth Park development causes a significant amount of energy waste light pollution due to poorly designed or angled lighting apparatus strict planning conditions should be used in relation to every new light used especially in the flood lighting of the warehouses Campaign for Dark Skies would wish to be involved in considering such details (Note this is an issue that would be considered in detail at reserved matters stage)

637 NCC Archaeology ndash Request a condition to secure an archaeological programme of works (June 2011)

638 English Heritage - do not wish to comment in detail but urge ENC to give detailed consideration of possible remains given the proximity of deserted Saxon settlements as advised by the County Archaeological Advisor

639 NCC Highways - Although a revised written response in relation to the latest TA revision is yet to be received discussions suggest that the main issues are now overcome Revised formal comments will be reported in the update Travel Plan - a condition requiring a detailed Travel Plan which shall include the management arrangements for future occupiers of the units and the delivery mechanisms

Development Control Committee 18 of 100 Date printed 9 November 2011

Contributions - bus services the county councils initial request for pound15000pa for five years has been reduced to a request for pound15000pa for only three years together with a pound5000 contribution towards the provision of a bus shelter within the Warth Park site This reduction is based on the circumstances of this site proposal in particular that a training contribution and other calls on land value not being required of other

schemes the fact that other developments may well be contributing and that demands and revenue from this site and other schemes can be expected to

cover an increasing portion of costs Meadow Lane improvements a financial contribution of pound60000 towards

improvement works throughout Meadow Lane (with any money not being spent on these works within five years of the first operational use of the development site being returned to the developer)

6310 Highways Agency - Initial issues with the Transport Assessment have been resolved

following the submission of additional information and the initial holding objection has now been lifted The HA are content that the issues raised by the Road Safety Audit can be resolved during the detailed design Direct that conditions be attached to any planning permission (1) to secure the necessary off site highway improvement works and (2) to require a Non Motorised Users Audit to be carried out and its recommendations implemented In relation to the Travel Plan the initial shortcomings with the Framework Travel Plan have now been addressed

6311 Natural England -

Designated sites - satisfied with the conclusions of the ES and consider that the proposals are unlikely to have a significant effect on the SPASSSI Landscape - no implications for any statutorily designated landscapes Biodiversity - Broadly agree with the assessment but feel that a minor negative impact may remain at local level for the breeding skylark grey partridge and linnet The numbers affected are small but there is still a need to ensure that habitat enhancement opportunities within the retained open spaces are maximised Soils - it is not clear if the agricultural land (referred to as grade 3) is of the best and most versatile quality If approved the soil resources should be used sustainable particularly the topsoil An appropriately experienced soil specialist should be instructed to oversee this Enhancements - Strongly recommend that the plans for green infrastructure and landscaping be secured by a condition planning obligation requiring a Landscape Management Plan and the delivery of such a plan not forgetting proposals for on-going management of public open space in the long term

6312 Wildlife Trust - The ecology work contained within the ES is acceptable in terms of its

scope content and findings We would recommend that the ecologists own recommendations within section 116 of chapter 11 regarding the retention protection enhancement and future mitigation measures be required by condition Further bat and bird survey work required (July 2011) has now been carried out and is acceptable

6313 Environment Agency - withdraws its initial objections in relation to flood risk and

environmental infrastructure Flood Risk - the additional information supplied demonstrates that surface water from the site can be managed and accommodated onsite if restricted to the Qbar rate The EA therefore withdraws its objection in relation to flood risk subject to a condition ENC need to be satisfied that the proposed development is in accordance with PPS25 - have not taken account to risk of flooding from ground water drainage systems reservoirs canals or ordinary watercourses

Development Control Committee 19 of 100 Date printed 9 November 2011

Environmental Infrastructure - the additional information supplied confirms that there is sufficient environmental infrastructure capacity to serve the proposed development The EA therefore withdraws its objection in relation to this matter Groundwater and contaminated land - based on the submitted information we consider the site to pose a negligible risk to controlled waters however we request a condition relating to the remediation of unidentified contamination Section 106 matters - the ongoing maintenance of the surface water drainage system together with operation and contingency arrangements can be secured through the section 106

6314 Kettering Borough Council - no objection as unlikely to have a significant impact on the

Borough of Kettering

6315 ENC Planning Policy - Overall the scheme represents a major opportunity to deliver

significant new employment development at Raunds for which the CSS evidence base identifies a need Despite some concerns about the quality of the submitted PPS4 sequential and impact statement no planning policy objections are raised in principle to the proposed Phase 2 Warth Park development

6316 ENC Environmental Services (contamination) - No objection The work undertaken in

respect of ground investigation is of a very high standard Levels of contamination found on the undeveloped part of the site do not pose a significant risk to end users of the site The Scalley Farm buildings had however not been surveyed Subject to conditions being imposed that cover the area of the Scalley Farm buildings requiring investigation and remediation is carried out as necessary there is no objection to the development

6317 ENC Environmental Services (noise) - No objection The noise survey was carried out

in accordance with a brief supplied by ENC Environmental Services Conditions should be used (1) to ensure the recommendations within section 878 (p73) of the summary section of the noise assessment are implemented and (2) that works which cause noise audible at the site boundary are not carried out outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays Environmental Services ask that they be consulted in relation to details of piling activity on the site and in determining the detailed layout of the site at reserved matters stage Given that the plans would see the removal of the bunding adjacent to London Road (alongside the gateway part of the development) the applicant has clarified that this section of bunding was included in the noise model for the existing scenario but removed from the model for the noise predictions with the development in the year of opening The bund is only 1m high and would not have had a significant effect on noise levels at the nearest residential properties The Environmental Services officer is therefore satisfied that the noise assessment is robust in respect of that bund and that its removal will not adversely impact on nearby residential properties There is no requirement for any bunding or other mitigation at the southern boundary of the site as there are currently no receptors at this location that will be affected Therefore it would not be reasonable of this authority to request bunding or any other form of mitigation on the southern boundary at this time In respect to objections about current activities at Warth Park the Environmental Services officer has made the following comments The noise assessment provided is firm in its conclusions that the addition of this development will not adversely impact on the residents The current guidelines relating to noise from this type of development have been met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels Therefore I have no reason to

Development Control Committee 20 of 100 Date printed 9 November 2011

object to this development on the grounds of noise Obviously these mitigation measures have been specified as a condition to ensure that they are included in the development and prior to first use

6318 ENC Environmental Services (lighting and air quality) -

Lighting - suitable conditions are required to ensure that the appropriate information on lighting for the site is provided at reserved matters noting that any lighting scheme should be designed to use the minimum necessary lighting Air Quality - no objections A method statement for the construction phase should be required as a pre-commencement condition of the development

6319 ENC Environmental Services (commercial health) - need to ensure safe access and

egress of vehicles and pedestrians using units at the site

6320 ENC Conservation Officer - concerned that landscaping has not been sufficiently

considered - no justification of how the proposed landscape structure was conceived so it is difficult to assess whether the proposed landscape types are appropriate for this site - no details of phasing for the highlighted features such as woodland planting and formal planting so it is difficult to assess the suitability of this alongside the proposed structural planting - need the landscaping to reflect a broader design for the whole site so that the bulk of the planting for each plot is put in place as part of the structure planting (open spaces street planting) Otherwise the creation of individual planting around the smaller plots may lead to fragmentation of the design - development will be visible in the landscape even with the addition of new planting to partially obscure future views Whilst the existing development is already visually prominent the proposed units appear even more prominent interrupting the horizon line and not sitting well with their surroundings The drop in land to the south and west contributes to this prominence Could ground levels be manipulated to allow the buildings to sit lower in the landscape

6321 ENC Design Officer -

(1) The mixed use area at the gateway needs to look towards and integrate with Raunds by having doorways and accesses from London Road This would give a positive visual impression at the gateway into Raunds and would afford residents access to the new facilities by means other than the car An active frontage may also affect driver behaviour and reduce traffic speeds in this area enhancing the overall pedestrian environment (2) There is an opportunity to improve the pedestrian environment and cycle access in the vicinity of this site as highlighted in the Raunds Masterplan including the Meadow Lane right of way to Stanwick Lakes and routes to the town centre

6322 North Northamptonshire Joint Planning Unit -

Jobs Growth - the proposal satisfies the requirement of Policy 11 by providing employment at an existing employment site in an area with a low jobsworkers balance A Training and Employment agreement should be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal (ref policy 8) Planning conditions should be used to ensure that the delivery of the non B8 elements of the scheme contribute towards unlocking other employment uses and diversifying the economy into higher value activities Regarding the proposed town centre uses ENC should be satisfied that the requirements of PPS4 have been satisfied

Development Control Committee 21 of 100 Date printed 9 November 2011

6323 JPU Design Action Manager - ref para 398 of CSS and policy 13 Concerned about

the visual impact of the proposal and its impact on the wider landscape character In photomontage L from the Nene Valley Way the development would result in a bulky form on the skyline and would block the view of Raunds church spire Viewpoint N is likely to demonstrate a similar negative effect Photomontage M demonstrates that the build form spills down the valley side and runs against the contours so that the visual impact is one of long expanses of built form this appears at odds with the gently undulating farmed slopes that are characteristic of the area Photomontage F demonstrates a negative view of the proposal on the brow of the hill Photomontage C shows the building jutting out into the view obscuring the natural fall of the land and the horizon Overall the proposal is contrary to policy 13h in that

is visually prominent in a sensitive location were wide expansive views are key to the landscape character

does not conserve or enhance the landscape character blocks views to the spire and prevents views across undulating countryside to

the horizon does not display design of exceptional quality to counteract the landscape

concerns Layout - More information about the accesses and orientation of the mixed use gateway should be secured through a design brief on the first reserved matters application

6324 JPU Sustainability Officer - Welcome the plans to achieve BREEAM very good for the

B8 element Concerned that the proposed 10 of energy demand to be met from renewables is below the policy 14 target of 30 and that the proposed 15 reduction in CO2 emissions is also too low There is no reference to the 20000sqm of mixed use development which could provide opportunities for the consideration of an energy centre for the site Rainwater harvesting should be utilised across the whole scheme The sustainable drainage system and surrounding open space has potential to create opportunities for recreation and biodiversity benefit Green roofs and ponds do not appear to have been considered

7 Evaluation

71 The following issues are relevant to the determination of this application for planning permission

72 Local Planning Policy and Principle of Development

721 The first consideration should be whether the development conforms with the development plan for the area which for this site is primarily the adopted Core Spatial Strategy and to a lesser extent the adopted East Midlands Regional Plan (taking account of the uncertain future status of the regional plan)

North Northamptonshire Core Spatial Strategy

722 Both the Regional Plan and the NNCSS set out the overall locational strategy for new employment development with priority being given to development in urban areas Whilst the site is located outside the settlement boundary that was proposed (although not formalised) within the 2007 Raunds Preferred Options document it should be noted that the site is on the edge of Raunds and relates well to the settlement

723 The NNCSS aims to achieve greater self-sufficiency for North Northamptonshire as a whole stating in Policy 1 that development in the rural north east will be mainly directed to a rural service spine comprising Oundle Thrapston and Raunds to be supported by regeneration of these towns and improvements to public transport links

Development Control Committee 22 of 100 Date printed 9 November 2011

724 The CSS defines Raunds as a localised convenience and service centre and the strategy for the town should consist of town centre regeneration and diversification of employment and service base (policy 1 and policy 9) It is essential therefore that the impact of the proposal on the town centre has been adequately assessed

725 This proposal for a predominantly B8 distribution development is situated close to the strategic transport network in accordance with policy 11

726 The non B8 aspects of the proposal contain a broad mix of employment related uses therefore representing an opportunity for expansion and diversification of the employment and service base as set out in table 1 of the CSS and enhancing the towns overall retail employment and leisure base Paragraph 392 in the CSS whilst recognising that town centres are the preferred location for the focus of new office development does note that town centres cannot entirely accommodate the amount of land envisaged as being required for office-based uses It further notes that certain types of business use (such as research and development) may find more commercially attractive locations within the sustainable urban extensions or other prominent sites at the edge of towns These will however need to be in locations that are or can be made highly accessible by a range of transport modes

727 Overall whilst the proposals edge of town location could be seen to conflict with the CSSs town centre regeneration focus the proposal would still accord with much of the broader policy content of the CSS

East Midlands Regional Plan

728 The proposal would accord with the thrust of the relevant policies of the East Midlands Regional Plan in that it would enhance the provision of local facilities at Raunds by focusing on the service sector as an economic priority Whilst policy 22 seeks to prevent the development or expansion of additional regional scale out-of-town retail and leisure floorspace this development would not be contrary to this policy given that it consists of predominantly B8 (non-town centre) uses

Other Local Policy Documents

729 In the absence of an up to date site specific DPD for Raunds the non-statutory Raunds Masterplan functions as a relevant material consideration where it compliments the CSS The Masterplan recognises the application site as a potential new employment site and explicitly promotes the expansion of Warth Parkbased on market opportunity strategic location of Raunds and potential employment opportunities The Masterplan does seek to restrict edge or out of town retail However whilst the current proposal does incorporate some town centre uses none of the proposed uses are strictly retail so there is no conflict with this element of the Masterplan

7210 The Northamptonshire Strategic Employment Land Assessment (SELA) highlights the

need for significant growth in respect of job creation employment at Raunds particularly as Employment development within Raunds would help to reduce the very large imbalance of out-commuting from the town

7211 East Northamptonshire Councils own (non-statutory) corporate policies include a focus

on regeneration and economic development and a business friendly planning servicedesigned to make it as easy as possible for companies to set up or expand

73 National Planning Policy and Principle of Development

National Ministerial Statement ndash Planning for Growth

Development Control Committee 23 of 100 Date printed 9 November 2011

731 The recent Ministerial Statement ndash Planning for Growth indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

Draft National Planning Policy Framework

732 The recent Draft National Planning Policy Framework contains a presumption in favour of sustainable development and goes as far as to state that the default answer to development is yes except where this could compromise the key sustainable development principles It goes on to state that local planning authorities shouldgrant permission where the plan is absent silent indeterminate or where relevant policies are out of date This could be said to be the case in respect of Raunds given the East Northamptonshire District Local Plan (now 15 years old) remains the site specific DPD for the town

Planning Policy Statement 1- Delivering Sustainable Development

733 PPS1 refers to the need for sustainable economic development It sets out a positive approach to delivering sustainable economic development including recognising its environmental and social benefits and ensuring that suitable locations are available (paragraphs 23(i) and 23(iii))

Planning Policy Statement 4 - General

734 PPS4 provides further guidance and advises in policy EC101 that planning applications that secure sustainable economic growth should be treated favourably Policy EC102 includes criteria against which applications for economic development should be assessed These include

a) whether carbon dioxide emissions are limited and the proposal is resilient to climate change b) accessibility of the site by a choice of means of transport c) whether the design is of high quality and is inclusive d) impact on economic and physical regeneration including impact on deprived areas and social inclusion objectives e) impact on local employment

These are considered in later sections of this report

Planning Policy Statement 4- Town Centre Uses background

735 Part of the scheme includes town centre uses and there are specific policies in PPS4 relating to these Policy EC171 indicates that applications for main town centre uses that are not in an existing centre and not in accordance with an up to date development plan should be refused planning permission where

a the applicant has not demonstrated compliance with the sequential approach b there is clear evidence that the proposal would be likely to lead to significant

adverse impacts However Policy EC172 then goes on to indicate that where no significant adverse impacts have been identified planning applications should be determined taking account of

a the positive and negative impacts of the proposal in terms of policies EC102 and 161 and any other material considerations and b the likely cumulative effect of recent permissions development under construction and

completed development

Development Control Committee 24 of 100 Date printed 9 November 2011

Planning Policy 4 ndash Sequential Assessment

736 Policy EC15 in PPS4 provides detailed advice on how to consider sequential assessments advising that Local Planning Authorities should take account of the availability suitability viability and accessibility of more central sites and should ensure developers have demonstrated flexibility in terms of their business model

737 PPS4 is accompanied by a Practice Guide which makes it clear in paragraph 56 that the onus is upon the applicant to demonstrate that the sequential test is passed and if more central opportunities are rejected it is for sound reasons that are clearly explained and justified In paragraph 57 it is explained that if a local planning authority proposes to refuse an application involving town centre uses on the basis of the sequential approach it should be on the basis that it considers that there is or may be a reasonable prospect of a sequentially preferable opportunity coming forward which is capable of meeting the same requirements

738 The developer explains that in undertaking their sequential assessment they have disaggregated each unit and assumed that each is a separate business This approach is in accordance with the advice in PPS4 The developer has not however reduced the size of individual units explaining that the formats proposed are those required by the market

739 The catchment area that the developer has considered is the parishes of Raunds Ringstead Stanwick and Hargrave as it is explained that the facilities proposed are not designed to serve wider population Only alternative sites within Raunds are therefore considered and the sites have been taken from the from the Draft Raunds Masterplan Ideally a separate market search should also have been carried out

7310 The alternative sites identified in the sequential test and the developerrsquos conclusions

are set out below

ARPC Containers site ndash reference is made to the viability report submitted in relation to the current application for this site which shows that the site is only viable for a mainly residential scheme BCorner of Titty Ho and Grove Street ndash this site is considered not to be available as it would require relocation of the garage CVacant site between Grove Street and McKenzie Road ndash site is too small and development would impact on residential amenity DBlock between Ashfield Rise Ashfield Grove and Spinney Street - residential amenity would be harmed by restaurant and health and fitness use and the site is unsuitable due to lack of visibility EVacant site on corner of Park Road and Hill Street ndash the site is too small and recommended for residential use FGellrsquos Garage High Street ndash the site is too small and more suited to residential use GLand to east of North Street- the site is too small and more suited to residential use

7311 Insufficient information however has been submitted to support the conclusions The

sites are not identified on a clear map and their sizes have not been provided therefore it is difficult to determine that they are actually too small although your officers do agree that sites surrounded by residential development are likely to be more suitable for residential rather than the uses proposed and also accept that it is not viable to develop the RPC site for the proposed uses

Development Control Committee 25 of 100 Date printed 9 November 2011

7312 The developers make a general point in relation to viability They advise that in the

current economic climate all development projects are difficult to make viable and that commercial development of light industrial units hotels food and drink establishments and leisure facilities are not viable on sites with additional costs for items such as demolition and decontamination

Planning Policy Statement 4 ndash Impact Assessment

7313 Policy EC161 sets out that an impact assessment needs to consider the impact of a

proposal on town centre vitality and viability consumer choice in-centre trade and turnover and possibly the rural economy It shoudl also consider whether the scale of the proposal is appropriate to fit within the hierarchy of centres The accompanying Practice Guide provides guidance on how to consider these impacts

7314 Unfortunately the developer has made no attempt to carry out a detailed impact assessment advising that there are no models that can provide a realistic assessment of impact for the relevant uses at the scale proposed They make the following detailed points

bull More employment and economic activity will have a beneficial impact upon the town bull The creation of additional employment at Raunds is likely to increase the viability of

Raunds town centre An increase in businesses and employees will increase demand for facilities particularly retail in the town centre

bull The prediction is that employees would earn over pound300 million from the proposal over 5 years Although only a small proportion would be spent in the town even 1 spend totals over pound3 million over the 5 year period which will sustain a number of small businesses

7315 Unlike retail proposals there is no accepted methodology for assessing the impact of

town centre proposals however Members will no doubt recall that a more detailed impact assessment was submitted for the proposed leisure centre at Manor Park It is disappointing therefore that the developer has not explicitly considered the issue of the impact that locating town centre uses would have on Raunds town centre Ideally further work should have been carried out

PPS4 - conclusion

7316 The applicants submission in respect of the PPS4 Sequential and Impact Assessment

is not of the quality that would be expected despite this being their second attempt following an initial request for a more detailed assessment However on the basis of local knowledge of the area the markets and the way trade operates the conclusions that it draws are not challenged It is reasonable to conclude that there are no more centrally located sites that could suitably accommodate the proposed development or parts thereof and furthermore that any impact on the existing centres would be minimal

Overall Policy Conclusions

7317 Bringing together the relevant policies there is significant support for the proposal The

main issues are around the acceptability of the sequential and impact assessments particularly having regard to the overall spatial strategy set out in Policy 1 of the Core Spatial Strategy and the focus upon regeneration of the town centre

Development Control Committee 26 of 100 Date printed 9 November 2011

7318 The sequential test is not as clear as it could have been and would have benefited from plans identifying the alternative sites that were considered noting their size and showing their relationship with surrounding development and explaining in more detail why most of them are too small Whilst it would have been helpful for the developer to have carried out their own market research your officers are not aware of other sites that might be available

7319 The impact assessment is poor but on the other hand no clear evidence has been submitted to demonstrate that the proposal would lead to significant adverse impacts Having regard to this the proposal therefore needs to be assessed against Policy EC172 in PPS4 the positive and negative impacts of the proposal in terms of EC102 and 161 and other material considerations need to be considered ie there is no presumption that the application should be refused in accordance with Policy EC171

7320 Considering that no retail uses are proposed for the site and that the sequential

assessment has proved that there are no more central sites that could accommodate the uses proposed it is very unlikely that the development itself would have an adverse impact on the vitality and viability of the town centre

7321 Indeed it could be argued that the development would raise the profile of Raunds by

attracting more businesses and visitors to the town The development would be closely related to existing retailing and leisure uses namely MampS BP McDonalds and Raunds Town Football Club Combined with the application proposals these could form a leisure hub to the west of Raunds again attracting more business to the town which could in turn help support the town centre Consideration is given in a later section to the potential for seeking developer contributions towards civic improvements within the town In this respect the development could also be seen to have a positive impact on the town and contribute to this important element of the CSS

7322 The Town Council have on a number of occasions expressed concern about the

amount of food establishments within the town centre and stressed that what they want to attract into the town centre is retail development

7323 Other sections of this report consider the proposal against Policy EC102 in PPS4 and

the positive and negative impacts of the proposals and other material considerations and these are all brought together and weighed in the balance in the conclusion to this report

74 Mix of uses

741 The applicant has suggested that it is the significant B8 element of the scheme that makes the proposal stack up but officers would have significant concerns if there was a prospect that the accompanying business and leisure uses were not going to also come forward Clearly the proposed mix of uses for the site is what makes the current application so attractive so it is important that the council does all it can to ensure that the mix is not diluted to a less attractive package

742 In reality it is likely that reserved matters applications will come forward individually as the site gains interest from end-users There is the associated risk that the precise combination of uses could end up being slightly different to that indicated in the application Each reserved matters application would have to be considered on its own merits

Development Control Committee 27 of 100 Date printed 9 November 2011

743 The indicative breakdown of uses that has been put forward in the application (Transport Assessment) is as follows

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

744 As it is not yet known what end-user interest will come forward it would be unduly restrictive to dictate that reserved matters must come forward strictly in line with this indicative mix as a lack of flexibility in this sense could deter take-up on the site However it is recommended that a condition be imposed that stipulates the upper limit of the various types of use class in order to ensure that no one type of use can dominate the development It is also recommended that a condition be imposed that would require the applicant to submit an annual report demonstrating how the site has been actively marketed for the full mix of uses This would maximise the opportunities of getting the most desirable mix of uses for the site but would also mean that the evidence base that is built up in this way could then be used to support decision making on any reserved matters proposal that may come forward that does not strictly line up with the indicative mix

745 Concern was raised that the site of the gateway part of the development may already have planning permission for a B8 warehouse However this permission has expired so there is no prospect of a B8 warehouse coming forward on this part of the site without a further application Any such application would prejudice the aims of the current proposal so is unlikely to be supported unless there is a very strong evidence base that the desired mix of uses are not deliverable

75 Training and employment

751 The applicant has suggested that 1500 jobs would be created as a result of the development Several representations have challenged this assumption and raised fears that these may not be skilled jobs or that the local population may not benefit

752 Clearly the figure is an estimate and is a rounded figure but is considered to be a reasonable estimate based on the job densities used in the North Northamptonshire SELA report It is acknowledged that a large distribution unit could employ anything from 100 to over 1000 staff depending on the nature of the end users operations and that the seasonal variations of the leisure uses would also give rise to uncertainty What is certain is that the development would provide significant additional employment at an existing employment site in an area with a low jobsworkers balance This can only be a good thing for the socio-economics of this part of the district

753 The JPU suggest that a Training and Employment agreement could be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal However in this instance the council is proposing to trial an innovative scheme called Construction Futures which aims to develop high quality skills for local people invests money from developers and government in to the local economy and hence helps to create inclusive communities To summarise the developer would pay a financial contribution to Construction Futures who would in turn use this money to administer and deliver a programme of site-based work experience training and apprenticeships for students of local colleges such as Moulton and Tresham The number of training hours would be determined by the size and nature of the proposed development and could be used in a combination of different ways

Development Control Committee 28 of 100 Date printed 9 November 2011

construction students could gain practical work experience which may include apprenticeships during the construction phase

logistics hospitality leisure or childcare students could benefit from placements at the various businesses that ultimately occupy the new premises

construction firms or end users of the site could go into schools andor colleges to deliver presentations as part of a curriculum

local businesses would benefit from being offered subsidised business development and up-skilling training to meet industry requirements

754 Construction Futures based in Northampton has been securing similar such benefits for schemes dealt with by WNDC for the last few years so has a proven track record of positive outcomes and compliance with the relevant planning legislation The scheme has been increasing in profile in recent months and has generated significant national press interest The applicant has indicated a commitment to the Construction Futures scheme and has agreed to this being worked into the section 106 agreement for the site Further details of the scheme can be found at wwwconstructionfuturesorguk

76 Highways

761 It is proposed that the London Road between the A45 and Warth Park Way Brick Kiln Road be widened to a dual carriageway which would in turn facilitate the need for the connection to the A45 roundabout to be revised The existing roundabout at Brick Kiln Road that forms the site access would be improved and the existing Warth Park Way running into the site would also be widened to a dual carriageway with a new roundabout introduced some 150m into the site close to the first existing junction

762 A detailed Transport Assessment was submitted alongside the application and this takes into account the impact of potential forthcoming development at Northdale End and Darsdale Farm The TA predicts a total traffic generation of some 500 trips both arrivals and departures in the morning peak and some 700 in the afternoon peak The impact on traffic flows at several junctions has been assessed including the A45 roundabout the Brick Kiln Road Warth Park Way roundabout the Meadow Lane Marshall Road junction and the Stanwick Road Wellington Road roundabout

Impact on the strategic highway network

763 The Highways Agencys initial issues with the Transport Assessment have been resolved following the submission of additional information and the HAs initial holding objection has now been lifted The HA are now content with the proposed development and its impact on the A45 The HA are also satisfied with the Framework Travel Plan They confirm that any issues arising from the Road Safety Audit can be resolved during the detailed design stage and direct that conditions be used to secure the necessary improvement works to the A45 roundabout and to require a Non Motorised Users Audit to be carried out and its recommendations implemented

Local transport network

764 The highways officer at NCC has confirmed that he is happy that the proposed highway improvements comprising the improvements to the A45 roundabout dualling of the London Road down to the Warth Park roundabout and the provision of a cycleway on London Road between the Warth Park roundabout and the new toucan crossing should satisfactorily facilitate the development

765 The broad principles of the internal road layout and parking provision are acceptable to the highway authority but the precise design details of these would be agreed for each part of the site as the respective reserved matters applications come forward A condition is suggested that would require a masterplan for the non-B8 element of the scheme to

Development Control Committee 29 of 100 Date printed 9 November 2011

submitted in conjunction with the first of the reserved matters applications for the gateway development Further detail of the internal road parking and access layout would therefore be considered at this stage and we would be able to ensure that pedestrian access from London Road can be facilitated in accordance with the comments of our design advisors

766 The Raunds Masterplan highlights a need for improvements to pedestrian and cycle provision throughout the town Accessibility of the site by bicycle from the local area would be enhanced by the provision of a new cycleway on the west side of London Road linking the new toucan crossing up to the Warth Park Way roundabout where it would link in with the cycle provision within the Warth Park site Conditions can be used to secure the provision of the cycle path on London Road and the design details of the segregated cycleway through the site that would serve to keep cycles separate from the HGV route

767 A particular priority of the Raunds Masterplan is to improve access to leisure opportunities for residents of the town and it would be desirable to ensure that future users of the Warth Park development also have access to local leisure opportunities Meadow Lane a bridleway which runs along the southern boundary of the site and leads to Stanwick Lakes is in a poor condition at present The developer has agreed to make a financial contribution to enable the entire length of Meadow Lane to be improved hence enabling a circular leisure route for workers or visitors to the Warth Park site and improving access to the countryside and Stanwick Lakes for the whole town (see section 7155)

Sustainable Transport and Travel Plan

768 A Framework Travel Plan has been submitted which identifies proposed measures to be implemented on a development wide basis and provides a framework for the preparation of specific travel plans for each individual site forming part of the development as it comes forward The Framework Travel Plan also identifies overall traffic generation limits and a preliminary modal shift target A condition is recommended that would require a more detailed Travel Plan that broadly accords with the Framework Travel Plan to accompany each reserved matters application

769 The number 16 bus is a long standing service that runs past the entrance to the site and the X46 and X47 have also been improved this year The county council feel that is would be feasible to provide a diversion so that a new stop within Warth Park would be served In this regard NCC has requested a financial contribution of pound50000 towards bus services pound5000 of which would be for a new bus shelter on Warth Park Way with the remainder being used to enable an extension to the recently introduced County Connect demand responsive transport (most likely by extending the 7am-7pm operating day by 3 hours to enable shift changeover) This would complement the measures in the Framework Travel Plan and help to facilitate modal choice for potential users of the development from the wide surrounding area

Rights of Way Implications

7610 There is an existing right of way (footpath UG39) that crosses the site in a east-west

direction terminating at the A45 which severs the path (the underpass is slightly further south at the end of Meadow Lane) This right of way has already been diverted between the existing commercial buildings on Warth Park and a further diversion would be required to facilitate the proposed development The applicant proposes to divert the footpath in a northerly direction so that it joins in with the proposed footpath and cycleway that would be created through the development site This would take the form of a segregated track to the north of the HGV access road separating to meander through the landscaped public open space before joining in with the Meadow Lane at the south western corner of the site and enabling convenient crossing of the A45 via the existing underpass

7611

Development Control Committee 30 of 100 Date printed 9 November 2011

Whilst not the shortest or most direct route this proposal would seem to be the logical and most pleasant route for the footpath diversion Unfortunately the Ramblers Association do not share this view Firstly they feel it should be possible to design the scheme around the footpath but this would not be possible due to the scale of the proposed buildings and the topography of the site Secondly they feel that if the footpath has to be diverted the diversion should be routed in a southerly direction in between the proposed warehouse units to join Meadow Lane However officers view is that this would not be a desirable route for the footpath and could well be harmful from a planning out crime point of view

7612 Clearly any diversion of the footpath would need to undergo the formal process of a

section 257 Diversion Order This process is separate to planning permission but must be carried out prior to development commencing (an informative to this effect could be placed on any planning permission) What is important at this stage is that there are at least three possible and feasible routes that the diversion could take and any disagreement about the relative desirability of these routes would be resolved through the formal Diversion Order process Therefore although no final decision has been reached about the ultimate route of the diverted footpath there is no reason why planning permission cannot be granted

77 Design - Illustrative Site Layout

771 The mix of uses proposed for the north eastern corner of the site has potential to provide a positive gateway to Raunds The desire for dual-aspect units which positively address London Road with active frontage and pedestrian access points could easily be facilitated in the detailed design stage As mentioned above a condition is suggested that would require a masterplan for the non-B8 element of the scheme to be submitted in conjunction with the first of the reserved matters applications for the gateway development and it would be expected that these principles would be incorporated into such a masterplan

772 The significant footprint of the three large B8 units and the existing site constraints (a gas main and the natural contours of the site) has dictated to some extent the positioning of these units within the indicative layout The buildings would form a logical extension to the existing phase one warehouse units particularly the large Indesit unit which would be adjacent to the extension and is of comparable scale to the units proposed

773 The proposed road alignment appears logical and workable with separate distinct elements of the scheme each served off their own points of vehicle access The highway and safety implications of the road and parking layout are discussed in the highways section

774 A significant area of public open space is proposed at the western corner of the site This would help to soften the edge of the development and provide a transition into the countryside beyond Attenuation basins would be incorporated into the landscaping which would add visual and ecological interest as well as serving to ensure sustainable drainage of the site

78 Landscape implications and long views of the site

781 The Design Action Manager at the JPU has commented negatively in respect of the landscape and visual impact of the proposed development The JPU comments highlight that the site is part of the Limestone Valley Slopes character area (as defined in the Environmental Character Assessment) hence exhibiting expansive long distance views gently undulating farm slopes with urbanising elements despoiling the edges where town meets country She also refers to the Nene valley being known for its unspoilt beauty and its many views of church spires and historic houses particularly from Twelve Spires Hill where 12 church spires including that of Raunds can be seen together The JPU is concerned that these photomontages show that the bulky form of development on the horizon and spilling down the valley would result in a negative landscape impact by and more specifically would block the view of Raunds church spire from the Nene Valley Way The JPU consider that the

Development Control Committee 31 of 100 Date printed 9 November 2011

development is not of exceptional design and its bulk and position would appear at odds with the gently undulating farmed slopes and hence do not conserve or enhance the landscape character contrary to policies 13 h and o

782 The ridge top location of the proposed development means that it would be visible from a wide area as demonstrated in the series of photomontages that have been submitted with the application The significance of the landscape impact is however a subjective matter and must be weighed against the other material considerations

783 The existing Warth Park buildings are already visible in the wide landscape and the proposed new development would be viewed against this context against the backdrop of the existing units and the whole town The Environmental Character Assessment acknowledges that the edges of this natural valley are already blurred by urbanising elements - in the reasonably near vicinity there are several examples of this at Wellingborough Irthlingborough Rushden Higham Ferrers and Raunds There is also the A45 trunk road running along the eastern slope of the valley creating a physical barrier between the unspoilt valley bottom and the urban settlements to the east In the vicinity of the Warth Park proposals the A45 and the dense wooded areas on its western side create a physical and visual barrier between the valley and the development site It could therefore be argued that this would limit the impression of encroachment into the valley The view of the church spire as shown in photomontage L is an extremely long-distance view (approximately 33km) that is already partly obscured by the existing Warth Park development The presence of other settlement edge uses at Raunds Stanwick and towards Irthlingborough is a consideration as is the natural screening that is anticipated to mature in front of the development over time Whether the additional impact of the new units further severing this view of the spire is significant enough to conclude that this is harmful to the landscape is a matter of subjective judgement which must be weighed against other material planning considerations

79 Landscaping

791 The councils conservation officer has expressed concern about the level of detail that has been submitted in relation to structural landscaping of the site Although the written principles that are described seem broadly acceptable the scheme has not been illustrated on a plan and there is insufficient detail in terms of phasing and implementation This is of particular concern due to the large scale of the proposed development and the need to avoid piecemeal approach to the landscaping given the likelihood that reserved matters will come forward bit by bit

792 Whilst recognising that this is an outline application that does not include landscaping the importance of getting a coherent scheme of structural landscaping throughout a site of this size and avoiding a piecemeal approach to landscaping should not be underestimated In the circumstances it would seem reasonable and sensible to request details of the structural landscaping for the whole site prior to the submission of any reserved matters applications and furthermore to request that the approved structural landscaping is put in place alongside the overall site infrastructure and the construction of the first building

793 Once a coherent structural landscaping scheme has been secured the finer details of landscaping that would come in with each of the subsequent reserved matters applications would be less critical and subject to more flexibility

794 It is recommended that the section 106 agreement incorporates the requirement for a landscape management plan and provisions for ongoing maintenance of the public open space

Development Control Committee 32 of 100 Date printed 9 November 2011

710 Noise

7101 Four residents of London Road Gardner Close Crispin Way and Keston Way have

highlighted that they already suffer noise disturbance from the existing Warth Park in the form of vehicle noise reversing bleepers air conditioningfans loading works and raised voices and that this disturbance is particularly concerning at night These residents are concerned that the disturbance would be worse if the proposed development goes ahead particularly given that the application seeks 24 hour operations Local concern is heightened by the fact that the existing bund on the western side of London Road opposite the football club would be removed as part of the proposals

7102 The application was supported by a Noise Assessment and this has been considered in

detail by the councils Environmental Services officers who conclude that they have no concerns or objections to the proposed development They are content that the removal of the existing bund would not adversely impact on nearby residential properties The noise assessment demonstrates that current guidelines relating to noise from this type of development would be met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels

7103 In the light of this technical advice from the councils noise experts it would be

extremely difficult to substantiate a reason for refusal on the grounds of noise disturbance However conditions are recommended to ensure that the proposed mitigation is put in place and that construction works are restricted to certain hours

711 Ecology

7111 The application was accompanied by ecological submissions both as part of the ES

and following in later specific studies The proximity of the Upper Nene Gravel Pits SPA and SSSI and the likely impact of the development on this designated site is an important consideration that has been taken into account The impact on wider biodiversity of the site in particular bats and birds and the effect on soils and green infrastructure have also been considered

7112 Both the Northamptonshire Wildlife Trust and Natural England have considered in

detail the ecological submissions and they confirm that these are acceptable is scope content and robustness These consultees therefore have no objections to the proposals subject to conditions ensuring

the development is carried out in accordance with the recommendations within section 116 of chapter 11 of the ES regarding ecological retention protection enhancement and future mitigation measures particularly to ensure that habitat enhancement opportunities within the retained open spaces are maximised

the soil resources particularly the topsoil should be used sustainably and the works should be overseen by an appropriately experienced soil specialist

7113 Concern has been raised by an objector about the impact on red kites However further discussion on this matter with both the Wildlife Trust and a local bird specialist recommended by the Wlidlife Trust would suggest that the proposed development would not give rise to significant concern

Development Control Committee 33 of 100 Date printed 9 November 2011

712 Flooding

7121 A sustainable urban drainage system in the form of attenuation basins and swales is proposed for the site to manage the impact of the development on drainage A Flood Risk Assessment has also been carried out for the site The initial objection of the Environment Agency has been overcome by the submission of a revised Flood Risk Assessment The EA has therefore withdrawn its objection in relation to flood risk subject to a condition specifying the technical approach to run-off and stipulating that any alternative approach would necessitate further discussion

7122 It is clear from the response that the EA has taken account of the nearby Hogs Dyke in its consideration of the FRA Given the location and topography of the site the council is not aware of potential flood risk from any other source Subject to compliance with the suggested condition the development would be in accordance with PPS25

713 Archaeology

7131 Several archaeological programmes have been carried out which demonstrate the

presence of Iron Age Roman and Saxon activity over a wide area of the site The medieval activity on site is likely to be peripheral to the village of Mallows Cotton which is now a Scheduled Monument and is separated from the site by the modern A45 Despite the investigative works that have already been undertaken by the applicant on site a condition requiring a further programme works is recommended to record and advance an understanding of any assets in accordance with PPS5 and the advice of the County Archaeologist

714 Sustainability

7141 The proposal would achieve BREEAM very good in accordance with policy 14 of the

CSS However policy 14 also contains a target for 30 of energy demand be met by renewables but the current proposal only provides for 10

7142 The sustainability officer at JPU has indicated that the measures proposed such as

solar water heating air source heat pumps sustainable drainage systems are a good start but she feels that further measures should be considered for a development of this scale or at the very least there should be an economic or technical submission justifying why the 30 target cannot be more closely met She has suggested a condition similar to that used on other schemes which requires a strategy to be submitted with each reserved matters application

to demonstrate how a target of at least 30 (minimum 10) of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply or

if the 30 target cannot be met the energy strategy should be accompanied by a technical and economic viability assessment to justify the shortfall

Development Control Committee 34 of 100 Date printed 9 November 2011

715 Section 106 contributions

7151 The development is of a size which generates a need for social and community

infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7152 In considering whether contributions are justified and can be sought Members must

have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

7153 Members also need to be mindful that the current basis for seeking contributions is the

Councilrsquos SPD in relation to developer contributions

7154 The following is a summary of the main headlines under which section 106

contributions have been negotiated

Meadow Lane

7155 Upgrading of Meadow Lane to facilitate access to Stanwick Lakes is a priority to both

ENC and NCC and the developer has agreed to contribute pound60000 towards this which NCC has advised should be sufficient to re-surface the entire length of Meadow Lane with a permeable hardcore or similar A specification for the upgrading works has been provided by NCC and this would suitably accommodate cyclists pedestrians horses and farm vehicles

Cycleway for London Road

7156 In terms of achieving connectivity of the site to Raunds town centre the developer has

agreed to provide a cycleway on the western side of London Road travelling north from the new toucan crossing outside the cemetery up to the Warth park roundabout and into the site This is in accordance with the request of NCC

Buses

7157 NCC initially asked for pound80000 (pound15000 a year for five years plus a further pound5000 for

a bus shelter just inside the application site) with reference to possibly diverting the recently improvedextended services 16 X46 and X47 to a new stop inside the Warth Park development and enhancing the new County Connect demand responsive service in order to enable a large catchment to reach the site

7158 In a later representation NCC revised this request downwards to pound50000 (pound15000 a

year for three years plus a further pound5000 for a bus shelter) the justification for this being

Development Control Committee 35 of 100 Date printed 9 November 2011

bull a training contribution (Construction Futures) and other calls on land value have not been required of other schemes

bull other developments may well also be contributing to bus services bull demands and revenue from this site and other schemes can be expected to cover an

increasing portion of costs

Training and development

7159 Construction Futures is a new approach to gaining contributions towards securing

training opportunities for local young people The section 106 agreement would require the developer to sign up to providing a certain number of training hours for young people from local colleges Exactly how the training hours are used would be negotiated after the agreement is signed (see earlier section for more detail of how this could work) On top of the requirement to provide training hours there would also be a financial contribution of approximately pound100000 associated with this that would go towards the administration and co-ordination of the scheme

Raunds town centre

71510 In line with the approach taken on the Northdale End site the developer has agreed to

pay a pound20000 financial contribution towards improvements for Raunds town centre Rather than specify this be used for shop fronts it is envisaged that this could better be used as more of a civic community improvement fund

Open Space

71511 The developer is proposing to provide and maintain the on-site open space at no cost

to Raunds Town Council A maintenance programme would therefore need to be secured as part of the section 106 agreement

Other matters not pursued in the S106

71512 Improvements to pedestrian access between Raunds and Ringstead were considered but under the tests of CIL these were not felt to be sufficiently justified

8 Conclusions

81 The planning policy evaluation highlights the deficiencies with the PPS4 sequential and impact assessment that has been undertaken by the developer Nonetheless PPS4 also provides that in the absence of any evidence of harm the development should be assessed on the basis of its positive and negative impacts in the light of current policy and other material planning considerations

82 The remainder of the planning policy evaluation shows a great deal of support for the proposed development in terms of its fit with PPS1 the Ministerial Statement ndash Planning for Growth the Draft National Planning Policy Framework the East Midlands Regional Plan the North Northamptonshire Core Spatial Strategy the Raunds Masterplan and the councils own (non-statutory) corporate policies

83 Apart from a subjective disagreement about the extent to which visual harm will result to the wider landscape and the limitations of the sequential impact assessment there is no evidence that harm will result from the proposal In fact the benefits of the scheme are considered to far outweigh the disbenefits particularly in relation to local employment creation economic regeneration social inclusion sustainable transport and accessibility and inclusive design which would create an enhanced entrance to Raunds

Development Control Committee 36 of 100 Date printed 9 November 2011

84 Therefore on balance it is recommended that planning permission should be granted

85 It should be noted that the application falls within the scope of the Consultation Direction (circular 022009) which requires local planning authorities to consult the Secretary of State before granting planning permission for certain types of development The current proposal falls within this scope as it is within the definition of section 5(1) of the annex therein which includes development outside town centres further defined as development which consists of or includes retail leisure or office use and which (a) is to be carried out on land which is edge-of-centre out-of-centre or out-of-town and (b) is not in accordance with one or more provisions of the development plan in force in relation to the area in which the development is to be carried out and (c) consists of or includes the provision of a building or buildings where the floor space to be created by the development is 5000 square metres or more

9 Recommendation

91 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

10 ConditionsReasons -

1 Development shall not commence until details of

a) the layout of the new development

b) the scale of the new development

c) the appearance of the new development and

d) the landscaping of the site (hereinafter called the reserved matters) shall be obtained from the local planning

authority Reason The application is in outline only and the reserved matters referred to will

require full consideration by the local planning authority

2 Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

3 The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

4 The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall thereafter be constructed in accordance with the slab levels that have been approved in writing by the local planning authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

Development Control Committee 37 of 100 Date printed 9 November 2011

5 Prior to the commencement of each part of the development full details of all external materials including finish and colour scheme shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with the approved details

Reason In the interest of amenity

6 Prior to the commencement of each part of the development hereby permitted details of the location height design and materials of any boundary treatments shall be submitted to and approved in writing by the Local Planning Authority and all such works shall be erected concurrently with the erection of the buildings Such approved details shall be erected and retained in perpetuity thereafter

Reason To ensure that the appearance of the development is satisfactory and that it contributes to the visual character and amenity of the area

7 Prior to the occupation of the development the works hereby permitted shall be constructed in accordance with BWB drawing NTT672SK01P5 dated 092011 (in respect of works to the trunk road network) Any revisions that may be required resulting from the implementation of the recommendations of the Road Safety Audit shall be approved in writing by the local planning authority in consultation with the Highways Agency

Reason In the interest of highway safety

8 No part of the development hereby approved shall be occupied until a Non Motorised Users Audit has been undertaken and the recommendations therein have been implemented

Reason In the interest of highway safety and sustainable transport

9 No development shall commence until a scheme for off-site highway improvement works (comprising improvements to the A45 roundabout (Highways Agency control) and duelling of the northern portion of London Road associated works to the Warth Park roundabout and provision of cycleway on the western side of London Road (NCC control)) has been submitted to and approved in writing by the local planning authority None of the premises hereby permitted shall be occupied until all of the off-site highway works have been carried out and written confirmation has been provided by the local planning authority that these works are acceptable

Reason In the interest of highway safety

10 Prior to the first occupation of any of the buildings on site a cycleway shall be provided adjacent to the west side of London Road in accordance with full details which shall have been submitted to and approved in writing by the local planning authority

Reason In the interest of promoting sustainable transport

11 Prior to the commencement of development design details of the segregated cycleway through the northern end of the site and through the open space shall have been submitted to and approved in writing by the local planning authority Development shall then proceed in accordance with the approved details

Reason To ensure a safe and attractive route for cyclists through the site

12 All reserved matters submissions shall accord with the principles contained within the Framework Travel Plan and a further detailed Travel Plan shall be submitted in conjunction with each reserved matters submission for each part of the development hereby permitted The detailed submissions shall cover pedestrian cycle and public transport linkages within and outside of the site as well as prospective management arrangements for future occupiers of the development and shall identify the mechanisms by which the Travel Plan proposals are to be delivered the targets and the timing of delivery

Reason In the interests of promoting sustainable transport

Development Control Committee 38 of 100 Date printed 9 November 2011

13 No more than 105073 sq m of floorspace is permitted under this outline permission within which no more than 6050 sq m shall be for A3-5 C1 or D1-2 uses and within which no more than 1500 sq m shall be for D2 use (health and fitness) no more than 2500 sq m shall be for C1 use (hotel) no more than 300 sq m shall be for D1 use (nursery) and no more than 2500 sq m shall be for A3-A5 uses (food and drink) No more than 3348 sq m of the total floorspace shall be for B1 uses and no more than 100000 sq m of the total floorspace shall be for B8 uses

Reason To ensure an appropriate mix of uses on the site

14 On the first anniversary and each subsequent anniversary or any other such period as agreed in writing by the LPA of the granting of outline planning permission a report shall be submitted to the LPA demonstrating how the site has been marketed for the full mix of uses applied for in the outline application This report shall include though not exclusively the marketing material and marketing media used during the previous year numbers and types (including general company size and sector) of inquiries received during the previous year locational origin of these inquiries inquiry requirement (by size and building type) together with explanation of why the inquiry has or has not progressed

Reason to ensure that the full mix of uses permitted by the planning permission is delivered on the site and is among other material considerations in accordance with market demand

15 The first reserved matters application made for the areas to the north of the existing Warth Park (all buildings except the three large warehouses) shall include a masterplan for these areas including access (pedestrian cycle vehicle) location of buildings frontages and entrances (including relationship with London Road) parking and service areas and principle landscaping No building within this masterplan area shall be commenced until the masterplan is agreed in writing by the LPA Subsequent reserved matters submissions for these areas shall accord with the design principles within the approved masterplan unless otherwise agreed in writing when further reserved matters applications are made

Reason To ensure that the reserved matters applications for this area are coordinated and that the area is properly connected to the surrounding area

16 In conjunction with the reserved matters submission for each part of the site an Energy Strategy for the energy supply incorporating renewables andor from decentralised renewable or low carbon sources shall be submitted to and approved in writing by the Local Planning Authority The strategy shall demonstrate how a target of at least 30 with a minimum of 10 of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply in accordance with the approved Energy Strategy Framework If the 30 target cannot be met a technical and economic viability assessment shall be submitted together with the energy strategy for the approval of the Local Planning Authority The strategy shall include details and a timetable of the physical works on site The strategy shall be implemented as approved and retained operational thereafter unless otherwise agreed in writing by the Local Planning Authority

Reason In the interests of sustainable development and energy efficiency in accordance with PPS 1 and the supplement to PPS 1 PPS 22 Policy 2 of the East Midlands Regional Plan and Policy 14 (a) (iii) of the CSS for North Northamptonshire

17 Prior to commencement of any development a comprehensive landscape masterplan including full details of the structural landscaping of the site shall be submitted to and agreed in writing by the local planning authority The approved structural landscaping shall be implemented during the first planting season following the completion of the first building on site unless otherwise agreed in writing by the local planning authority Any planting forming part of the approved landscaping scheme which dies or becomes diseased within 5 years of planting shall be replaced in accordance with details to be submitted to and approved in writing by the local planning authority

Development Control Committee 39 of 100 Date printed 9 November 2011

Reason To ensure that structural landscaping is delivered in a comprehensive manner and to assist with mitigating the visual impact of the scheme on the surrounding area

18 The structural landscaping will be maintained by the applicant or an organisation appointed by the applicant and notified to the LPA as publicly accessible open space in accordance with details to be submitted to and approved in writing by the local planning authority subject to any limitations to ensure its proper functioning for surface water drainage Access to this area shall commence upon completion of the structural landscaping or as otherwise agreed in writing by the local planning authority

Reason To ensure that there is public access to the area of open space

19 Development shall proceed in accordance with the recommendations in section 116 of chapter 11 of the ES (received by the local planning authority 2 June 2011) regarding ecological retention protection enhancement and future mitigation measures unless otherwise agreed in writing by the local planning authority

Reason In the interests of ecological protection and ensure that enhancement opportunities are maximised

20 Each stage of the development shall proceed in accordance with a strategy for the sustainable use of soil and topsoil resources which shall be submitted to and approved in writing in conjunction with each reserved matters application This strategy shall include details of the arrangements by which an appropriately experienced soil specialist will oversee the development

Reason To ensure the sustainable use of soil

21 The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved by the Local Planning Authority (LPA) and until the scope of works approved therein have been implemented where possible The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination andor pollution of controlled waters It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the sites existing status and proposed new use Two full copies of the site investigation and findings shall be forwarded to the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo If during development contamination not previously considered is identified then the LPA shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the LPA

Reason To ensure all contamination within the site is dealt with

22 Where the risk assessment identifies any unacceptable risk or risks an appraisal of remedial options and proposal of the preferred option to deal with land contamination andor pollution of controlled waters affecting the site shall be submitted to and approved by the LPA No works other than investigative works shall be carried out on the site prior to receipt and written approval of the preferred remedial option by the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo

Reason To ensure the proposed remediation plan is appropriate

23 Remediation of the site shall be carried out in accordance with the approved remedial option No deviation shall be made from this scheme without the express written agreement of the LPA

Reason To ensure site remediation is carried out to the agreed protocol

Development Control Committee 40 of 100 Date printed 9 November 2011

24 On completion of remediation two copies of a closure report shall be submitted to the LPA The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s) Post remediation sampling and monitoring results shall be included in the closure report

Reason To provide verification that the required remediation has been carried out to the required standards

25 Development shall not begin until a detailed scheme for the provision implementation ownership and maintenance of the surface water drainage for the site in accordance with the additional response to the Environment Agency objection Environmental Infrastructure amp Flood Risk undertaken by RPS (ref ABA5007 revision A dated 26 September 2011) has been submitted to and approved by the local planning authority The detailed scheme shall be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storage of disposal of surface water from the site and to ensure future maintenance of the surface water drainage system

26 No development shall take place until the applicant or their agents or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority

Reason To ensure that features of archaeological interest are properly examined and recorded in accordance with PPS5 Policy HE12

27 No construction works that cause noise to be audible outside the site boundary shall take place outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays This includes deliveries to the site and any work by contractors or sub contractors

Reason In the interests of residential amenity

28 Prior to the commencement of any part of the development hereby permitted a Construction Management Plan shall be submitted to and approved in writing by the local planning authority The Construction Management Plan shall include and specify the provision to be made for the following

i Overall strategy for managing environmental impacts which arise during construction ii Measures to control the emission of dust and dirt during construction iii Control of noise emanating from the site during the construction period iv Hours of construction work for the development and hours that construction traffic shall

access and egress the site v Contractorsrsquo compounds materials storage and other storage arrangements cranes and

plant equipment and related temporary infrastructure vi Designation layout and design of construction access and egress points viiInternal site circulation routes viii Directional signage (on and off site) ix Provision for emergency vehicles x Provision for all site operatives visitors and construction vehicles loading and unloading

plant and materials xi Provision for all site operatives visitors and construction vehicles for parking and turning

within the site during the construction period xiiDetails of measures to prevent mud and other such material migrating onto the highway

from construction vehicles xiii and other similar debris on the adjacent public highways xiv Routing agreement for construction traffic xvStorage of plant and materials used in constructing the development

Development Control Committee 41 of 100 Date printed 9 November 2011

xvi Enclosure of phase or development parcel development sites or development parcels and the erection and maintenance of security hoarding including decorative displays and facilities for public viewing where appropriate

xvii Waste audit and scheme for waste minimisation and recyclingdisposing of waste resulting from demolition and construction works

The approved Construction Management Plan shall be adhered to throughout the construction period and the approved measures shall be retained for the duration of the construction works

Reason In the interests of safety and local amenity

29 Prior to the commencement of each part of the development a lighting scheme for the relevant part of the development shall be submitted to and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these approved details

Reason In the interest of amenity and crime prevention

30 Prior to the commencement of development a scheme and timetable for the provision of fire hydrants shall be submitted to and agreed in writing by the local planning authority and provision of fire hydrants shall be made in accordance with the scheme and timetable

Reason To ensure a satisfactory form of development

31 Each reserved matters submission shall include full details of hard and soft landscape works for that part of the scheme These details shall include the proposed finish levels or contours means of enclosure car parking layouts other vehicle and pedestrian access and circulation areas bin storage and hard and soft surfacing materials All hard and soft landscape works shall be carried out in accordance with the approved details The works shall be carried out prior to the occupation of the relevant part of the development or in accordance with a programme agreed in writing by the local planning authority All planting seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting seasons following the occupation of the buildings or the completion of the development whichever is the sooner and any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the local planning authority gives written approval to any variation

Reason In the interest of visual amenity

Informatives

1 In approving this application the content of the submitted Environmental Statement has been taken into account The relevant planning guidance and policies were identified as PPS1 PPS4 PPS7 PPS9 PPG13 PPS22 PPG24 PPS25 East Midlands Regional Plan Policies 1 2 11 18 20 21 22 North Northamptonshire Core Spatial Strategy 2008 policies 1 8 9 11 13 and 14 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development mix of uses employment creation impact on highways sustainable transport righs of way designlandscape impact landscaping noise ecology flooding archaeology and sustainability The application has been approved as

The principle of the development is acceptable when weighing all planning policies and material considerations

the impact of the proposal on the vitality and viability of existing centres would be minimal

Development Control Committee 42 of 100 Date printed 9 November 2011

The proposal would give significant benefits to the district particularly in respect of local employment creation and economic regeneration

The proposal would not have an unacceptable impact on the local or strategic highway network

The development would not cause significant harm to the visual amenity or character of the area

The proposal would not have a significant impact on the amenities of neighbouring occupiers

The proposal would be accessible by means of transport other than the car

2 Guidance on the sustainable use of soil resources can be found in Defra Construction Code of Practice for the Sustainable Use of Soils on Construction Sites (see httpwwwdefragovukpublicationsfilespb13298-code-of-practice-090910pdf)

3 The proposed surface water scheme should be in accordance with the additional response to Environment Agency objection Environmental Infrastructure amp Flood risk (ref ABA5007 revision A dated 26 September 2011) which restricts run-off to Qbar If the developers wish to pursue the alternative strategy of restricting the sit to Q30 further discussion will be required given the historic nature and lengthy background to Warth Park and works to Hogs Dyke

4 The highway proposals associated with this consent involve works within the public highway which is land over which the developer has no control The Highways Agency therefore requires the developer to enter into a suitable agreement to cover the design and construction of the works Please contact Mr Alan Darby of the Agencys Area 7 network Delivery and Development Directorate 0121 687 4165 at an early stage to discuss the details of the highway agreement

5 A Site Waste Management Plan will be required for the development hereby approved

6 Notwithstanding the terms of this planning permission a separate application under section 257 of the Town And Country Planning Act for a Diversion Order in relation to the public right of way known as UG39 must be made and approval granted before any development can proceed

7 The plans to which this decision relates are

Development Control Committee 43 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 25 October 2011

Case Officer Carolyn Tait EN1101054FUL

Date received Date valid Overall Expiry Ward Parish 7 July 2011 7 July 2011 1 September 2011 Rushden Bates Rushden

Applicant Mr And Mrs N Richards

Agent Sidey Design Architecture

Location 169 Bedford Road Rushden Northamptonshire NN10 0SA

Proposal Single storey side extension to existing annex (Resubmission of 1100425FUL)

This application is brought before Development Control Committee at the request of a local Ward Member

1 Summary of Recommendation

11 That permission be REFUSED

2 The Proposal

21 This application is a re-submission of a previously refused scheme for the erection of a single storey side extension to an existing annex The previous application was refused for being tantamount to the creation of a separate dwelling in the open countryside which would have appeared out of character with the prevailing built form which is characterised by large dwellings set in spacious plots It was also refused as the rear wing of the house would have been out of proportion with the original dwelling which would have resulted in an unacceptable impact on the character and appearance of the surrounding area the open countryside and the host dwelling

22 The previous extension reference 1100425FUL measured approximately 9 metres in length by 63 metres in width by 47 metres in height and accommodated a kitchen a dining area a bedroom a wet room and a closet This proposal would measure approximately 5 metres in length by 63 metres in width by 47 metres in height and would accommodate a bedroom a studio room a shower room and a large closet

3 The Site and Surroundings

31 The application site accommodates a detached dwellinghouse set back 232 metres from the A6 (Bedford Road)

32 The dwelling already has a single storey rear extension which accommodates a lounge a kitchenette a shower room and a bedroom

33 Nearby dwellings are parallel to the A6 but differ in their character and appearance

Development Control Committee 44 of 100 Date printed 9 November 2011

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS7 ndash Sustainable Development in Rural Areas

42 East Midlands Regional Plan Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development On 10th November 2010 the High Court ruled that the Secretary of States decision to

revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements Policy 9 ndash Distribution and Location of Development Policy 13 General Sustainable Development Principles

44 East Northamptonshire Local Plan RU2 ndash Provision for residential infilling in the Avenue Road area of Rushden

45 Supplementary Planning Guidance Residential Extensions and Alterations Design Guide

46 Other Documents The Three Towns Plan Preferred Options Document

5 Relevant Planning History

51 0300377FUL Single storey rear extension PERMITTED

52 1100425FUL Single storey extension to existing annex REFUSED The two refusal reasons were as follows

bull The proposed extension would by virtue of its internal layout and scale be tantamount to the creation of a new dwelling in the open countryside and therefore is contrary to PPS7 A separate dwelling in this location would appear out of character with the prevailing built form which is characterised by large dwellings set in spacious plots bull The proposed extension by reason of its scale bulk design and cumulative impact would result in the rear wing of the house being out of proportion with the original dwelling This would have an unacceptable impact on the host dwelling on the character and appearance of the surrounding area and on the open countryside and therefore is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy and the Supplementary Planning Guidance for Residential Extensions and Alterations Design Guide

This most recent application has been re-submitted to try and overcome these two reasons for refusal

6 Consultations and Representations

61 Neighbours No comments received

Development Control Committee 45 of 100 Date printed 9 November 2011

62 Town Council No objection

63 Site notice posted 25 July 2011 on a post at the entrance to the site

64 A letter was received from the applicantrsquos agent on 17 August 2011 to support the application and can be summarised as

bull A new application was submitted on 5 July 2011 reference 1101054FUL with a reduced depth to the single storey extension The original host dwelling is a two storey four bedroom property with rear wing that was built in the 1920s The original two storey annex was applied for and approved in 2003 (0300377FUL) It was built during 2004 The depth of the host dwelling is 176 metres The depth of the extended annex is 104 metres The annex extension is less than 5 metres in depth and is single storey It is proposed to have a lower ridge than the existing annex and is propose to be treated with shiplap boarding in contrast with the existing extension and in keeping with an existing detached outbuilding in the grounds It is a large plot and the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area

bull Strongly believe that both the original proposal and the resubmitted proposal are not contrary to PPS7 or Policy 13h of the North Northamptonshire Core Spatial Strategy

bull It appears that the main reason for the previous refusal is the perception of the creation of an additional dwelling in the open countryside This could be dealt with by condition or a legal agreement

bull A recent planning appeal decision APPL3245D112151635 was allowed This application was for additional annex accommodation to a property located in open countryside The decision was given in favour because the Inspector confirmed that a suitable condition could be put in place in accordance with circular 1195

bull Strongly believes that this current application should be given due and proper consideration in light of this appeal decision

bull The proposal complies with Policy 13h of the North Northamptonshire Core Spatial Strategy in that it is a quality design subservient to the original property

bull The applicant would be willing to accept a condition or enter into a Section 106 agreement should it be necessary to ensure the annex remains ancillary to the main dwelling With a suitable condition the proposal would comply with PPS7 as it would not form a separate dwelling in the open countryside

bull Permission has recently been granted for two two storey annexes in Wellingborough WP20110023F and Rugby R102116 Both of these had self contained accommodation and were in the open countryside The retention as an annex was dealt with by way of a condition

7 Evaluation

71 The following considerations are relevant to the determination of this application

72 Principle of development Tantamount to the creation of a separate dwelling

721 The site is located outside of the built up area of Rushden as identified in the adopted Local Plan and the Three Towns Plan Preferred Options Document It is within ribbon development built along Bedford Road The character of the area remains one dominated by dwellings in linear form each fronting the highway despite the precise set back of dwellings being varied

Development Control Committee 46 of 100 Date printed 9 November 2011

722 Whilst the proposal is described as an extension to a dwelling due to the size internal layout and layout of the site it would be tantamount to the creation of a separate dwelling and needs to be assessed as such

723 This application has reduced the size of the proposed extension as well as altering the internal layout since the previously refused application This proposal no longer includes a kitchen or a dining room

724 Despite the amendments the proposal is still considered to be tantamount to the creation of a separate dwelling as it would accommodate a bedroom closet and shower room These would be directly linked to the existing internal arrangements which comprise a lounge kitchenette shower room wc lobby and utility area with an upstairs studio room (that could become a second bedroom) This accommodation is in addition to the internal arrangement of the main dwelling It would be easy to section off an area of the private garden as both the lounge and proposed bedroom would have separate entrance and back doors The proposed accommodation would be in excess of what would be typical from a linked and dependant annex The accommodation could also be considered more extensive then many new dwellings By simply closing off an internal door this could create an independent dwelling in its own right with no dependence on the main dwelling The proposal would be within the open countryside and would be independent from the main dwelling as it would not rely upon any of the facilities of the main house

725 Case law states that for a building to be incidental the function of the space provided must be subordinate to the basic or primary accommodation to be expected at a dwellinghouse rather than being an incident of that main use Thus a building which is to contain facilities such as a lounge kitchenette two shower rooms lobby utility room and two bedrooms is not considered to be incidental to the enjoyment of a dwellinghouse and as such forms a separate unit

726 The applicantrsquos agent states in their comments that a condition could be added to any permission granted to ensure that the proposal remains ancillary to the existing dwelling The agent made reference to an appeal APPL3245D112151635 and states that this appeal was allowed because the Inspector felt that a condition could be added to restrict the proposal from becoming a separate residential unit A copy of the appeal decision can be found at Appendix 1

727 This was an application which sought planning permission to convert the ground floor garage space of an annex into additional living accommodation without complying with a condition attached to planning permission 108860P The condition in dispute stated that lsquoNotwithstanding the provisions of Part 1 of the Town and Country Planning General Permitted Development Order 1995 the garage area of the barn shall not be used as overspill residential accommodation without the prior consent of the District Planning Authorityrsquo

728 The Inspector allowed the appeal and granted planning permission for the conversion of the ground floor garage space with a condition that it remain ancillary to the residential use of the main dwelling

729 The Inspector considered that a condition could be added for the accommodation to remain as ancillary to the main dwelling as it was not possible for it to become a separate dwelling He considered that the creation of a separate dwelling at the appeal site would not be in a sustainable location and that creating a separate dwelling would not be practical The Inspector considered that the annex would not have had enough amenity space to function comfortably as a separate dwelling The Inspectorrsquos opinion was that this would have significantly reduced the likelihood that the barn could have been successfully used as an independent property

Development Control Committee 47 of 100 Date printed 9 November 2011

7210 It is considered that this current application at 169 Bedford Road could be converted into a separate dwelling for the reasons given at paragraph 724 It would have sufficient amenity space parking space and the internal layout would allow it to function independently from the main dwelling Therefore in this instance a condition would not be appropriate as an application could be submitted at a later date for a separate dwelling and the local planning authority would have difficulty refusing it because of the building already being in existence As such this proposal can not be compared to the appeal decision which the applicantrsquos agent has referred to

7211 The applicantrsquos agent also refers to two other recent decisions one in Wellingborough and one in Rugby However each application is treated on its individual merits and for the reason stated at paragraph 7210 the proposal can not be permitted subject to a condition for the proposal to remain ancillary to the existing dwelling

Planning Policy

7212 Policy 9 of the North Northamptonshire Core Spatial Strategy states that development in the open countryside will be strictly controlled and that priority will be given to the reuse of suitable previously developed land and buildings within the urban areas followed by other suitable land in urban areas Despite being within the curtilage of an existing dwelling the proposal would not be sited within the existing built up area and is therefore considered to extend into the open countryside to the rear

7213 Policy RU2 of the East Northamptonshire Local Plan states that planning permission will normally be granted for residential infilling or redevelopment in Bedford Road Avenue Road and Newton Road where it relates to land within the built up area has a frontage to the highway and a depth similar to adjoining residential curtilages and does not result in a backland form of development Whilst the proposal is within the built up area of the Bedford Road it would not comply with this policy as it would not have a highway frontage would not be of a depth similar to adjoining residential curtilages and would result in backland development

7214 Whilst each application is treated on its individual merits the following appeal decision was one that was dismissed at 84 Avenue Road Rushden on 30 June 2008 (APPG2815A072061769) A copy of this appeal decision can be found at Appendix 2 Members should take this decision into account when determining the current proposal as it relates to Policy RU2 of the East Northamptonshire Local Plan

7215 The proposal was for a separate annex to the rear of an existing dwelling It was refused because the annex by nature of its location scale siting design and use would have resulted in and adverse impact on the character and built form of the settlement and would have had an unacceptable intrusion upon the open countryside

7216 The proposal was considered contrary to Policy RU2 of the Local Plan and PPS1 and PPS7 In addition to these policies it was considered contrary to GEN2 and H21 of the Local Plan However these policies are no longer saved The Inspector stated that the proposed development would not have met the criteria of Policy RU2 as it would have created backland development would not have had a highway frontage and would not have had a depth of plot similar to neighbouring development He went on to state that the proposed development would not have been sited within the built up area despite being proposed within the curtilage of the existing dwelling

7217 The site had an open character to the rear and consequently the Inspector considered that due to the proposals scale and design it would have intruded visually in a harmful way into the countryside area at the rear of the development The Inspector concluded that the proposal would have had a harmful effect on the character and appearance of the area and would not have conformed with RU2 of the Local Plan

Development Control Committee 48 of 100 Date printed 9 November 2011

7218 The applicantrsquos agent strongly believes that the proposal is in accordance with PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy PPS7 states that local planning authorities should strictly control new house building (including single dwellings) in the countryside away from established settlements or from areas allocated for housing in development plans This proposal would result in a new dwelling in the open countryside away from the main settlement of Rushden and as such is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping respect and enhance the character of its surroundings and be in accordance with the environmental character of the area The proposal would result in backland development which would not respect or enhance the character of its surroundings and as such would be contrary to Policy 13h of the North Northamptonshire Core Spatial Strategy

73 Visual impact 731 The second reason for refusal on the previous application related to the proposals scale bulk design and cumulative impact and the visual harm that would have been caused on the character and appearance of the surrounding area open countryside and the main dwelling

732 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping and that it should respect and enhance the character of its surroundings and be in accordance with the environmental character of its surroundings

733 The proposed extension would increase the size of the host building but not to a scale or extent which would appear overwhelming in the context of the whole site It would remain physically subservient to the existing extension and as such would be in accordance with the Residential Extensions and Alterations Design Guide However the potential use as an independent dwelling would be out of character with the prevailing built form which is characterised by large dwellings set in large plots which front Bedford Road This would be to the detriment of the wider surrounding area and contrary to advice in PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy

734 The applicantrsquos agent has commented that the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area However it is felt that the size of the proposal would lead to the creation of a dwelling within the open countryside which would be contrary to planning policy

74 Neighbouring amenity 741 Due to the scale nature and location of the extension it would not affect neighbours in terms of overlooking overshadowing or overbearing

8 Other issues

81 Adequate private amenity space would remain

82 Crime and Disorder - This application does not raise any significant issues

83 Access for Disabled ndash The proposal would not be subject to any public access and therefore does not raise any concerns

9 Recommendation

91 That permission be REFUSED for the following reasons

Development Control Committee 49 of 100 Date printed 9 November 2011

10 ConditionsReasons -

1 The proposed extension would by reason of its internal layout size and positioning be tantamount to the creation of a separate dwelling in the open countryside It would be contrary to PPS7 which aims to protect the open countryside for itrsquos own sake A separate dwelling in this location would create a form of backland development away from the built up area of Rushden and as such would appear out of character with the existing ribbon development along the Bedford Road which is characterised by large dwellings in spacious plots which face the highway The proposal would therefore be contrary to PPS7 Policies 1 9 and 13h of the North Northamptonshire Core Spatial Strategy and Policy RU2 of the East Northamptonshire Local Plan

Informatives

1 The drawings to which this decision relates are as follows Plans received by the local planning authority on 7 July 2011 drawing number 11-020-

01 Existing and proposed plans and elevations site and location plans

Development Control Committee 50 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 26 October 2011

Case Officer Sue Wheatley EN1101102FUL

Date received Date valid Overall Expiry Ward Parish 18 July 2011 29 July 2011 28 October 2011 Thrapston Lakes Thrapston

Applicant MREF II PM Ltd Co Moorfield Group Ltd

Agent Katie Brown - Street Design Partnership

Location Plots 11 To 14 Haldens Parkway Thrapston Northamptonshire NN14 4QS

Proposal Proposed extension to existing distribution building with associated parking landscaping and temporary construction access

This matter is brought before the Development Control Committee due to the amount of floor area proposed

1 Summary of Recommendation

11 That permission be GRANTED

2 The Proposal

21 This is a full application for a 13540 square metre extension to the Primark distribution depot The existing floorspace is 57713 square metres The extension is located along the northern and approximately half of the eastern side of the existing building The proposal will require the width and height of the existing landscape bund to be reduced Further details of this are provided within section 79 of this report It is proposed that the cladding for the extension be graduated from dark to light from ground to sky Three new dock leveller doors are proposed in the north western elevation and one in the south east elevation

23 The application was accompanied by the following documents

bull Planning Statement and Economic Justification bull Primark Operational and CSR Statement bull Design and Access Statement bull Transport Assessment (TA) bull Flood Risk Assessment (FRA) bull Protected Species Survey bull Landscape Report bull Landscape Management Report

24 It is advised that the application has been submitted as a direct response to Primarkrsquos operational needs The depot which is operated in conjunction with DHL is one of two which serves the whole of the countryrsquos retail outlets It is already we are advised operating over capacity and further space is needed to meet Primarkrsquos next phase of UK expansion

Development Control Committee 51 of 100 Date printed 9 November 2011

25 The Design and Access Statement indicates that Primark has sought to balance the need to protect long distance views towards the site against the internal spatial requirements of the business They advise that the efficient operation of a distribution centre dictates how a building needs to be laid out The building includes racking lines which have been designed to optimise picking of goods These are 115m high 275m wide with an operating aisle of 3m

26 During the course of the consideration of the application an Addendum to the TA was submitted together with revised drainage information

3 The Site and Surroundings

31 The application site is on the edge of an existing industrial park known as Haldenrsquos Parkway which is located at the entrance to Thrapston There are industrial units to the west but open countryside immediately to the north and east although there is currently gravel extraction taking place on the land to the east There is a residential property Rectory Farm Bungalow to the east as well

32 The site is visible from both the road that goes to Titchmarsh (Ran Way) and also from the A605

4 Policy Considerations

41 National Planning Policy Guidance

PPS1 - Sustainable Development PPS4 - Planning for Sustainable Economic Growth PPS9 ndash Biodiversity and Geological Conservation

PPG13- Transport PPS23 ndash Planning and Pollution Control PPG24- Planning and Noise PPS25- Development and Flood Risk

42 East Midlands Regional Plan

Policy 1 ndash Regional Core objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 11 ndash Development in the Southern Sub-Area Policy 18 ndash Regional Priorities for the Economy Policy 20 ndash Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 28 ndash Regional Priorities for Green Infra-structure Policy 29 ndash Priorities for enhancing the Regionrsquos Biodiversity Policy 30 ndash Regional Priorities for Managing and Increasing Woodland Cover Policy 31 ndash Priorities for the Management and Enhancement of the

Regionrsquos Landscape Policy 35 ndash A Regional Approach to Managing Flood Risk Policy 39 - Regional Priorities for Energy Reduction and Efficiency Policy 43 ndash Regional Transport Objectives

MKSM Northamptonshire SRS Northamptonshire 1 ndash The Spatial Framework

Ministerial Statement Planning for Growth

Development Control Committee 52 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy

Policy 1- Strengthening the Network of Settlements Policy 5 - Green Infrastructure Policy 6 ndash Infrastructure Delivery and Developer Contributions Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution and Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development Policy 4 ndash Green Infra-structure Policy 5 ndash Transport Network Policy 7 ndash Flood Risk Policy 11- Enhancing Biodiversity Policy 12 ndash Considerate Construction Policy 16 ndash Protected Employment Areas Policy THR4- Relocating Existing Businesses around Thrapston

45 Northamptonshire County Structure Plan

No relevant saved polices

46 East Northamptonshire District Local Plan Any policies have now been superseded by the RNOTP

47 Supplementary Planning Guidance Planning Out Crime Adopted (February 2004) Parking Adopted (March 2003) North Northamptonshire Sustainable Design SPD( March 2009)

5 Relevant Planning History

51 The building was previously occupied by IKEA

52 There is a current planning application for a relocated cattle market on the land to the north(ref 1101240FUL)

6 Consultations and Representations

61 Neighbours ndash The occupiers of Rectory Farm Bungalow comment that

bull they already have to endure sleepless nights with the noise from the endless shunting and related movements of vehicles through the night and the noise omitted from the warehouse and that the extension being on ldquotheir siderdquo will bring more disruption

bull Express concern about fire risk bull It is unnecessary to destroy the established and effective bund of trees(which will never

recover to its present form) when there is an existing access

62 Neighbours- 8 letters of support although many of these live some distance from the site

bull Will create employment

Development Control Committee 53 of 100 Date printed 9 November 2011

63 Thrapston Town Council ndash No objection

64 Titchmarsh Parish Council ndash Make the following comments

ldquoDevelopers to ensure that the external landscaping is improved and maintained In addition ensure that traffic leaving the temporary entrance leaves the site by turning right only and access to the site is only via Huntingdon Road Temporary signage to be placed on the A605 prohibiting construction traffic entering the villagerdquo

65 Highways Agency- No objection

66 Local Highway Authority ndash Advised that inadequate information had been provided and made the following comments in relation to the application as originally submitted

bull As an earth bund is being removed details of the cubic capacity of the soil to be removed and associated lorry movements are required

bull Details of the construction compound are required bull Additional disabled parking is required bull Off ndashsite highway works are required to Ran Way A ldquoswept pathrdquo analysis needs to be

carried out to demonstrate what is required bull A carriageway condition survey will need to be carried out before and upon completion

of works bull A daily log will need to be kept of vehicles bull A suitable turning facility for buses is required bull The ldquoCounty Connectrdquo operating hours need to be extended to arrive at the site by 600

am and leave after 700 pm

An addendum to the TA was submitted and the Local Highway Authority made the following comments in response to this and advised that it has no objection subject to the imposition of conditions

bull The LHA is reasonably content that the revised technical data addresses the points of concerns originally raised

bull The LHA is content with the construction access details within Ran Way and the passing bays to facilitate construction vehicles either entering or emerging from the site to access the A605 via Huntingdon Road

bull Further details are required to identify off-site accommodation works to prevent vehicles turning left when emerging from the site within Ran Way Huntingdon Road

bull Cantilever bus shelters with flag sign posts are to be provided to aid the promotion of the submitted ldquoTravel Planrdquo within Huntingdon Road to reduce private car journeys

bull As an additional measure off-site footway kerbing and construction works are proposed to aid the safe passage of pedestrian movement within Huntingdon Road on the eastern side of the vehicle access point

bull The use of the temporary construction vehicle access and passing bays shall be formed prior to the commencement of construction works unless alternative vehicle access arrangements can be promoted utilising the existing vehicle access facilities In any event all construction vehicles shall turn right either onto Ran Way or Huntingdon Road when emerging from the development site

bull The promotion of extending the footway in addition to the promoted footway works to aid the safe passage of pedestrian movement throughout the frontage of the development site within Huntingdon Road and Ran Way can be considered If the Planning Authority considers that the request for extending the footway into along Ran Way reasonable and proportionate then the Highway Authority would not object to the promotion and construction of such an approved pedestrian facility All costs to be borne by the developer and at no cost to either authority

Development Control Committee 54 of 100 Date printed 9 November 2011

67 Environment Agency ndash Initially expressed concern that the Flood Risk Assessment (FRA) did not adequately demonstrate that surface water could be managed without increasing flood risk Further information was submitted and the Environment Agency have now confirmed that they have no objection to the application subject to the imposition of a condition in relation to surface water drainage

68 Natural England ndash No objection having regard to the standing advice and the submitted Protected Species Survey

69 Wildlife Trust ndash Have provided information regarding a mitigation scheme that can be implemented in relation to Titchmarsh Nature Reserve

610 Conservation Officer (TPO) ndash makes the following comments

bull The planting on the existing bund is of varying quality and is very sparse in places The eastern bund is dominated by semi-mature Laurel(planted on the top) with a mix of broadleaved trees (Oak Field maple and Birch) which have shown poor to reasonable growth

bull The remodelling of the bund would reduce itrsquos height by between 47m and 33m on the northern side and 3m on the eastern bund The re-modelled bund is proposed to be 55 to 16 metres wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

bull As a result of the re-modelling almost all of the existing trees will be removed I have some concerns about the loss of some of the better quality broadleaf trees particularly the Lime and Oak and suggest that consideration is given to re-planting these

bull The proposed planting includes re-planting of the bottom hedge where required with the main slopes having an understorey of native woodland whip planting with interspersed standard trees The submitted details refer to the use of pre-seeded matting to combat erosion of the new slopes and confirmation is required that the woodland planting would be planted within this

bull The visual information submitted with the application demonstrates that the site is most visually prominent when viewed from the immediate north and north east with distant views from the north west The reduction of the bund and removal of existing vegetation will add to the prominence of the building in the short term

bull However the proposed planting is substantially better than existing and providing that it takes and is managed in accordance with the submitted Landscape Management report will create a similar planted effect to that which is present The planting mix is more comprehensive which will result in denser planting over time It is likely that the new planting would take between 5 and 10 years ( minimum) to create a suitable screen The future views of the building are likely to be similar to those at present after this time

611 Environmental Health (Contamination) ndash No objection but recommend an informative to draw the applicantrsquos attention to the fact that there is a landfill site within 250m

612 Environmental Protection (Noise) ndashthe original conditions for the warehouse from EN9700283FUL relating to environmental issues should be transposed onto any new permission granted These include condition numbers 2 3 13 and 14 Whilst conditions 15 16 17 18 and 19 relate to matters regulated by the Environment Agency it would be prudent for these to also be transposed to any new permission

Development Control Committee 55 of 100 Date printed 9 November 2011

The following further conditions are also recommended

Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays

There is no information provided on any ventilation or extraction to the new extension Therefore if you feel it is appropriate a further condition should be added to control noise from any such system

Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There should be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

The records held by Environmental Protection in relation to noise complaints confirm that there have been no complaints about activities from the site Previous Condition 13 is designed to protect local residents from noise from activities at the site and should complaints be received then activities would be monitored to ensure that the site is compliant with that condition This states

ldquoNoise from activities within the building(measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level(measured at L A90 30 min) by more than 5dba(A)rdquo

613 Anglian Water ndash Any comments received will be reported on the Update Sheet

7 Evaluation

71 Principle of Development

711 Policy EC 101 in Planning Policy Statement 4 advises that Local Planning Authorities should adopt a positive and constructive approach towards planning applications for economic development and that planning applications that secure sustainable economic growth should be treated favourably

712 One of the main thrusts of the North Northamptonshire Core Spatial Strategy is to deliver economic prosperity Policy 8 identifies the net increase in jobs that will be required to maintain a balance between homes and jobs Thrapston is identified under Policy 1 in the Core Spatial Strategy as a rural service centre and Policy 1 of the RNOTP indicates that to support the role of service centres the employment and service base of such settlements will be expanded

Development Control Committee 56 of 100 Date printed 9 November 2011

713 Paragraphs 395 ndash 399 of the North Northamptonshire Core Spatial Strategy considers the role that distribution has played in the past in the area It is highlighted that whilst it has created jobs it has involved the use of large areas of land put significant demands on transport infra-structure and involved large buildings that have often been visually intrusive

714 Policy 11 indicates that large scale strategic distribution is to be concentrated at the rail linked Euro-hub site in Corby and that other distribution sites should be located close to the strategic road network The site is located at the junction of the A14 and A45 trunk roads

715 Paragraph 398 also highlights that smaller distribution development should be in locations and of a scale where buildings are not visually prominent unless they are of exceptional design and build quality Buildings it is advised should be sensitively designed to reduce the impact on the local landscape and townscape and achieve high developments should contribute towards enhancing the wider Green Infrastructure network The impact on the landscape is considered in section 78 the design and sustainability of the building in section 72

716 Primark advise that the company currently employs 326 permanent members of staff at Thrapston of which all but one work full time 34 of employees live in the Thrapston Raunds and Rushden area and virtually all live within a 15 mile radius A further 115 agency and contractor staff are employed There is also some indirect employment from the business as catering and cleaning are subcontracted

717 Primark also highlight that their employees have an onsite library and computer room and that the company has offered training programmes in the form of language courses and that employees are also encouraged to study for NVQs in conjunction with Peterborough College in subjects such as administration and management The company also draws attention to its work in the community

718 The company leases the site and has advised that if it does not obtain planning permission for the extension it will need to consider relocating to a cheaper area which would be outside Northamptonshire They advise that there is an optimal size for distribution centres which is just under 74000 square metres Beyond this size there are operational disbenefits and that therefore they would not need to seek permission for further extensions Any future expansion would require the addition of a third distribution centre

719 They advise that if permission is granted it will enable them to sign a lease for a further 15 years and that an additional 35 permanent full time jobs and a further 95 agency jobs would be created They further advise that where possible Primarkrsquos preference is to employ local people

7110There are significant economic benefits associated with this proposal It is to enable the expansion of an existing business on an existing employment site and would retain employment and generate additional employment However PPS4 and local policy does make it clear that the impacts of economic development proposals still need to be considered Policy EC 102 in particular sets out that planning applications for economic development should be assessed against the following considerations

a) whether the proposal has been planned over the lifetime of the development to limit carbon dioxide emissions and provide resilience to climate change b) the accessibility of the site by a choice of means of transport the effect on local traffic and congestion c) whether the proposal secures a high quality and inclusive design which takes the opportunities available for improving the character and quality of the area

Development Control Committee 57 of 100 Date printed 9 November 2011

d) impact on economic and physical regeneration including impact on social inclusion e) impact on local employment

These issues are considered in the following sections The Ministerial Statement Planning for Growth is also a material planning consideration This indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

72 Carbon emissions and Climate change

721 The North Northamptonshire Core Spatial Strategy indicates that new distribution buildings should be of a high environmental standard It is proposed that the extension be built to the BREEAM very good standard which would comply with Policy 14 in the North Northamptonshire Core Spatial Strategy

722 The Primark site also include its own waste recovery facility where carrier bags and coat hangers from all of their retail outlets are recycled

73 Highway Issues ndash General Background

731 A Transport Assessment (TA) was submitted with the application and this considers the impact on local roads and the trunk road network and the accessibility of the site by walking cycling and public transport The Local Highway Authority requested further information and this was included within an Addendum to the TA and plans have also been submitted to show the proposed off-site highway works The Local Highway Authority has advised that it is reasonably content with this revised information

74 Highway Issues ndash Impact on Trunk Road Network

741 The site is close to the junction of the A45 and A14 and thus is easily accessible to the trunk road network The Highways Agency has raised no objection to the proposal

75 Highway Issues ndash Existing Traffic Movements on Local Roads

751 Concern has been expressed in the past by Members when other applications have been considered for development of the Haldenrsquos Parkway site about the functioning of the roundabout at the junction of Haldenrsquos Parkway and the A605 The TA however includes accident data for the last 5years(2005-2011) and there has only been one slight injury accident on the roundabout and that did not relate to a HGV driver losing control and toppling over onto the verge

752 The TA includes the results from a survey that was carried out of existing traffic movements in January 2001 It notes the following results

bull The peak levels of traffic passing the site along Huntingdon Road are very low There were only 106 two-way vehicle movements observed between 800 and 900 and 75 two-way vehicle movements in the evening peak between 1700 and 1800

bull The two way traffic flows on the goods and car park entrances during the morning peak hours were 2 HGVs and 11 light vehicles and in the evening peak hour there were 16 HGVs and 31 light vehicles There are low levels of flow from the site during peak times due to Primarkrsquos shift patterns

Development Control Committee 58 of 100 Date printed 9 November 2011

76 Highway Issues ndash Parking

761 The existing car park has 226 spaces of which 8 are for visitors and 2 are disabled bays Adjacent to the car park there is a cycle shelter with space for 20 bicycles and 10 motorcycles There is lorry parking for 20 vehicles in an area just beyond the goods vehicle entrance and space for approximately 65 lorries to park along the eastern and western site perimeters

762 The TA advises that a parking survey was carried out in March 2011 between 1330 and 1430 at shift change over time It was observed that the peak level of parking demand was space for 209 cars and vans It was also observed that 68 of persons drove tofrom work at this time

763 The TA notes that none of the existing car and lorry spaces would be lost as a result of the building work but that there would be some re-organisation of spaces It includes a calculation based upon Primarkrsquos planned shift patterns and increase in staff and current journey to work patterns to calculate a new parking demand of 291 cars

764 The TA however also assessed the need for parking generally for B8 uses using the TRICS database and found a need for 320 spaces ( including HGV spaces) It therefore concludes that the predicted demand for 291 spaces for Primark is reasonable

765 The proposal therefore includes an altered car park layout to include 291 spaces 36 cycle spaces and 18 motorcycle spaces are also provided The amount of lorry parking just inside the entrance has been increased from 20 to 37 spaces

766 The Addendum to the TA includes an additional analysis in relation to parking It considers the Parking SPG requirements noting that this requires a maximum provision of one space per 120 sqm of gross B8 distribution floorspace This equates to the need for a maximum of 113 additional parking spaces Only an additional 65 spaces are proposed as part of the application however the Addendum suggests that this is acceptable as it is based upon the operational requirements provided by Primark and is also comparable with TRICS database information from other distribution facilities

77 Highway Issues ndash Local Traffic Impact

771 The TA assumes that the likely impact of the traffic from the development would be a pro-rata reflection of the 23 increase in floorspace( 19 increase in staff levels) It is therefore suggested that the morning peak hour traffic flows are likely to increase from 13 vehicles per hour to 16 vehicles per hour and in the evening from 47 vehicles per hour to 57 All HGVs would travel to and from the A605 avoiding Titchmarsh under an agreed routing restriction

772 The TA indicates that Huntingdon Road has ample capacity to accommodate this increase There would be less than a 05 increase in traffic through the A605Huntingdon Road roundabout (which has morning and evening peak hour entry flows of 2000 vehicles per hour) which it is concluded would be imperceptible

773 The applicant however was asked to undertake further work as the peak hour for the proposed development is at shift change over time rather than the traditional morning and evening peaks A survey was therefore carried out on 14 September 2011 and the results of this are included in the Addendum to the TA It was found that at 200 the busiest time the level of traffic on the busiest arm of the roundabout and the A14 was only 70 of the morning peak flow The Local Highway Authority has advised that it is happy that the Addendum to the TA has addressed the concerns originally raised

Development Control Committee 59 of 100 Date printed 9 November 2011

774 A temporary access is to be provided for construction purposes from Ram Lane No details were initially provided in relation to construction traffic however further details have been submitted as part of the Addendum to the TA This includes a Draft Construction Management Plan The most significant period of construction traffic movement is during the excavation work (It is estimated that approximately 28500 cubic metres of material is to be excavated and removed from the site) which is to be carried out in weeks 0-8 of the build programme and will result in 100 8-wheel lorries coming to and from the site daily The Local Highway Authority has advised that it has no objection to the proposal on the basis of construction traffic

775 The Addendum also includes details of the proposed construction compound and wheel washing facilities as requested by the Local Highway Authority

776 The Local Highway Authority requested that a swept path analysis be carried out for construction vehicles using Ram Lane This has been included in the Addendum to the TA This showed that there will need to be a small amount of widening to Ram Lane to allow vehicles to negotiate the tight bend The Addendum to the TA also highlights that the applicant had agreed with the Local Highway Authority that the existing footpath will be extended by 20m to the east of the car park entrance Plans showing these off-site highway improvement works have been submitted and re-consultation has been carried out

78 Highways Issues ndash Access by Walking Cycling and Public Transport

781 The TA notes that access to the site from Thrapston by pedestrians and cyclists is good It however notes that there is no bus service entering the AIMI Business Park and that even if there were it would be unlikely to suit shift patterns apart from when daytime management and drivers leave at 500pm

782 Primark already has a Travel Plan and the TA includes details of this

783 The Local Highway Authority originally requested improvements to the bus service however subsequently has subsequently agreed that

1 To encourage and facilitate the use of the ldquoCounty Connectrdquo bus service the applicant should fund the provision of a bus stop and shelter in Huntingdon Road

2 Instead of extending the operating hours of the County Connect Service the existing Travel Plan should demonstrate what measures will be taken to encourage modes of transport other than the car particularly by employees needing to travel outside of the County Connect hours ( 0700 to 1900)

These measures can be addressed by the imposition of suitably worded conditions

79 Visual Impact

791 The design of the extension with the coloured banding should help to minimise the impact of the built form although there is a danger that as it a different design solution to the existing building it could appear discordant

792 The most significant concern in relation to this proposal is the impact that it would have on the landscape as the existing landscaped bund is to be remodelled This bund is currently between 5 ndash 65m high and varies in width On the northern boundary it is between 60m and 40m wide The corner of the bund is around 55m wide The bund to the eastern boundary is around 50m wide The proposed remodelling of the bund would result in a reduction in the height of the bund by between 47m and 33m on the northern side and 3m on the eastern side The remodelled bund is proposed to be 55 and 16 meters wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

Development Control Committee 60 of 100 Date printed 9 November 2011

793 As a result of the remodelling almost all of the existing trees would have to be removed The planting on the existing bund is however of varying quality and is very sparse in places The eastern bund is dominated by semi mature Laurel (planted on the top) with a mix of broadleaf trees (Oak Field Maple and Birch) which have shown poor to reasonable growth The existing planting on the northern bund is very sparse in places (with the exception of some developing Lime trees) with poor growth throughout especially on the top and at the western end The whole of the bund appears to be in a constant drought the soil is nutrient poor and much of the planting shows signs of extensive rabbit damage

794 The Councilrsquos tree officer advises that she has some concerns over the loss of some of the better quality broadleaf trees particularly the Lime and the Oak She suggests that consideration is given to the transplanting of these young trees to elsewhere in the site where they can be more benefit The age of the trees is likely to result in successful relocation providing this is undertaken correctly

795 The proposed planting for the remodelled bunds includes replanting of the bottom hedge where required with the main slopes having an understory of native woodland whip planting with interspersed standard trees Reference is made within the planting details to the use of a pre-seeded matting to combat erosion of the newly formed slopes

796 The building is already fairly prominent and the removal of the bund and existing vegetation in the short term medium term will add to its prominence

797 The new planting proposed however as part of the remodelling is substantially better than the existing and providing it takes and is managed in accordance with the submitted Landscape Management Report it will create a similar planted effect to that which is present While the extension to the building will decrease the planted area available the proposed planting mix is more comprehensive which should result in a denser and more diverse landscape screen over time In the longer term therefore views of the building are likely to be similar to those at present

798 Members will therefore need to weigh carefully the requirement to consider economic development proposals favourably against the harmful effect that this proposal will have on the landscape in the shortmedium term

799 Careful management of the landscape works will be key to the long term impact of the development This is considered further in sections 79 and 713 of this report

7910Whilst this Council is currently considering an application for a relocated cattle market on the land to the north of the site this can be given limited weight as it is not a planning commitment

710 Impact on Residential Amenity

7101The nearest residential property to the proposed extension is The Bungalow This property would be 50 metres from the nearest point of the extension and 280 metres from the temporary construction access The occupiers of this property object to the application on the grounds of noise fire risk and removal of the existing landscaped bund

7102There is existing screen planting outside of the application site opposite this bungalow which clearly will remain This will help to mitigate against any visual impact The extension would be to the north of the bungalow and there would be thus no overbearing impact or loss of light

Development Control Committee 61 of 100 Date printed 9 November 2011

7103Environmental Health have been consulted and they have advised that they have not received any complaints about noise from the operation of the warehouse in the past They are satisfied that with the imposition of similar conditions to those imposed on the permission for the original warehouse and additional conditions it will be possible to ensure that noise is kept to an acceptable level

711 Archaeology

7111The County Archaeologist has advised that there is little to no potential for there to be surviving archaeological deposits

712 Contamination

7121Environmental Health have advised that the site is within 250 m of an operational landfill site and waste processing facility but that the waste that is disposed is inert and should not generate significant quantities of landfill gases They however recommend the imposition of an informative to draw the applicantrsquos attention to this

713 Drainage

7131The site is located within Floodzone 1 which has the lowest risk of flooding A Flood Risk Assessment was however submitted with the application as the site area exceeds 1 hectare The management of surface water is the most significant issue in relation to the potential risk of flooding There is currently a balancing pond on the site and surface water discharges into the public sewer at the west of the site The Environment Agency advised that confirmation of the allowable discharges needed to be sought from Anglian Water and also that more detailed modelling and calculations needed to be submitted The applicant provided this information and the Environment Agency have confirmed that they have no objection to the proposal subject to the imposition of the condition which is recommended

714 S106 Contributions and related matters

7141The development is of a size which generates a need for social and community infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7142In considering whether contributions are justified and can be sought Members must have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

Members also need to be mindful that the current basis for seeking contributions is the Councilrsquos SPD in relation to developer contributions

Development Control Committee 62 of 100 Date printed 9 November 2011

7143It is very unusual to agree to the removal of an existing landscaped bund that was put in place to protect the visual amenity of the area and has despite its poor quality become a suitable habitat for birds It is on this basis that an ecological mitigation contribution has been sought The Wildlife Trust have provided a schedule of works that they need to undertake to the Titchmarsh Nature Reserve and suggested that these would cost pound38500 Whilst the developer has confirmed agreement to payment of a contribution to cover the schedule of works they have asked that this be specified as a maximum sum in the S106 Agreement and that tenders should be sought for the work This would be acceptable and wording to this effect can be included within the S106 Agreement

7144In addition the developer has agreed to provide a bus stop and shelter and extend the footpath for 20 metres These matters can be dealt with by the imposition of a suitably worded condition rather than through a S106 Agreement

7145At pre-application stage the developer gave a presentation to Members about their proposal At this the possibility of extending the footpath around the tight bend in Ran Way was raised The developer however has advised that unless the Local Highway Authority consider that they could make a case for the provision of this then they are not prepared to extend the footpath any more than the 20 metres that has been agreed Discussions have been held with the Local Highway Authority however they do not consider that there would be any justification for seeking any further extension to the footpath ( They have advised that it is likely that this would cost in the region of pound160 per linear metre)

8 Other Issues

81 Crime and Disorder ndash No issues emerge

82 Access for Disabled ndash Any issues can be dealt with under building regulations

83 Fire hazard - The neighbour has expressed concern that the extension would be a fire hazard Building regulations consider the proximity of works to site boundaries and would ensure that there would not be a fire hazard from the extension

9 Recommendation

91 That permission be GRANTED

10 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Prior to the commencement of development details of the wall cladding including its colour shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with these approved details

Reason In the interest of visual amenity

3 The extension shall achieve the BREEAM Code very good and shall not be occupied until a certificate has been issued for it certifying that this standard has been achieved

Reason To ensure the sustainable construction of the extension in accordance with Policy 14 in the North Northamptonshire Core Spatial Strategy

Development Control Committee 63 of 100 Date printed 9 November 2011

4 All foul sewage or trade effluent including cooling water containing chemical additives or vehicle washing water including steam cleaning effluent shall be discharged to the foul sewer

Reason To prevent pollution of the water environment

5 All fuel oil or chemical storage tanks buildings ancillary handling facilities and equipment including pumps and valves shall be contained within an impervious bunded area of at least 110 of the tank capacity designed and constructed to the satisfaction of the local planning authority

Reason To prevent pollution of the water environment

6 All drums and small containers used for oil and other chemicals shall be stored in bunded areas which do not drain to any watercourse surface water sewer or soakaway

Reason To prevent pollution of the water environment

7 Vehicle loading or unloading bays and storage areas involving chemicals refuse or other polluting matter shall not be connected to the surface water drainage system

Reason To prevent pollution of the water environment

8 Surface water from impermeable vehicle parking areas and service areas shall be passed through a storm bypass oil interceptor It must be designed to receive flows up to 50mmhour from the connected area with all flows up to 5mmhour rainfall passing through the interceptor and receiving minimum 6 minutes retention in each interception chamber

Reason To prevent pollution of the water environment

9 Before any work is commenced on the development hereby permitted full details of all proposed floodlighting installations and including a supporting lighting engineers report justifying the installations shall have been submitted to and approved by the local planning authority The development shall thereafter be carried out in accordance with the details so approved

Reason To ensure a satisfactory standard of development which does not adversely affect the amenity of the area

10The means of illumination shall be so screened such that it does not cause glare to drivers on the adjoining highway or to the occupants of adjoining residential properties

Reason In the interest of highway safety and residential amenity

11Noise from activities within the building (measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level (measured at L A90 30 min) by more than 5db (A)

Reason In the interest of residential amenity

12Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

Reason In the interest of residential amenity

13During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours

Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays Reason In the interest of residential amenity

Development Control Committee 64 of 100 Date printed 9 November 2011

14Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There shall be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

Reason In the interest of residential amenity

15Prior to the commencement of development a site waste management plan shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with this site waste management plan

Reason In the interest of sustainability and to ensure the appropriate disposal of waste

16 The mounds shall be constructed and prepared for planting n accordance with the details shown on drawing reference 127004C ( as amended by the letter from TPM Landscape received on 9 September 2011) in accordance with an implementation schedule to be submitted to and approved by the Local Planning Authority in writing

Reason To ensure that the landscape scheme establishes in the interest of visual amenity

17The Landscape Scheme drawings reference 127005B received on 20 September 2011( as amended by the letter from TPM Landscape received 9 September 2011) shall be implemented in the first planting season following first use of the extension hereby permitted

Reason In the interest of visual amenity

18The proposed development shall not begin until a scheme for the provision implementation ownership and maintenance of the surface water drainage for the site based on sustainable drainage principles has been submitted to and approved in writing by the Local Planning Authority The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storagedisposal of surface water from the site and to the ensure future maintenance of the surface water drainage system

19 All construction traffic shall use the existing HGV access into the site unless( and notwithstanding the submitted details) a scheme which shall illustrate a rural road to the local highway authorityrsquos standard specification and include widening works passing bays footpath provision and works to prevent vehicles turning left when emerging from the site has been implemented Prior to the commencement of any works the scheme for these works shall have been submitted to and approved in writing by the local planning authority This shall include

1 Hard surface materials to form the promoted works throughout Ran Way and Huntingdon Road

2 Means of drainage to prevent the unregulated discharge of surface water onto the highway

3 Maximum gradient (1 in 15) from the highway boundary in the positive or negative direction

4 Sufficient parking and turning space shall be provided within the development site for all vehicles attracted thereto

Development Control Committee 65 of 100 Date printed 9 November 2011

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

20 Cantilever Bus Shelters within Huntingdon Road (industrial estate) having a landing and boarding stage with associated flag sign and posts shall be provided prior to the first use of the extension hereby permitted Prior to the commencement of these works a scheme for these shall have been submitted to and approved in writing by the local planning authority Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

21 Development shall be carried out in accordance with the following plans OS Map and Block Location Plan PS00 received 20 September 2011 Existing site survey - TRI-0669-01received 29 July 2011 Existing site survey - TRI-0669-04 received 29 July 2011 Existing site plan PS01 received 18 July 2011 Existing site plan sheet 1 of 2 PS03 received 18 July 2011 Existing site plan sheet 2 of 2 PS04 received 18 July 2011 Proposed site plan PS02A received 20 September 2011 Proposed site plan sheet 1 of 2 PS05 received 18 July 2011 Proposed site plan sheet 2 of 2 PS06 received 18 July 2011 Sections Mound 127004C received 20 September 2011 General Arrangement 1of 2 (Mound) 127002A received 20 September 2011 Planting Plan 127005B received 20 September 2011 Existing Floor Plan Sheet 1 of 2 PS07 received 18 July 2011 Existing Floor Plan Sheet 2 of 2 PS08 received 18 July 2011 Proposed Floor Plan Sheet 1 of 2 PS09A received 20 September 2011 Proposed Floor Plan Sheet 2 of 2 PS010A received 20 September 2011 Existing and Proposed Elevations Sheet 1 of 2 PS13A received 20 September 2011 Existing and Proposed Elevations Sheet 2 of 2 PS14A received 20 September 2011 Proposed Dock Leveller Doors PS21A received 20 September 2011 Proposed roof plan sheet 1 of 2 PS11A received 20 September 2011 Proposed roof plan sheet 2 of 2 PS12A received 20 September 2011 Illustrative View 1 PS16 received 18 July 2011 Illustrative View 2 PS17 received 18 July 2011 Illustrative View 3 PS18 received 18 July 2011 Illustrative View 4 PS19 received 18 July 2011 Illustrative View 5 PS20 received 18 July 2011 Proposed Temporary Construction Access PS15 received 18 July 2011 Huntingdon RoadRam lane Off-site highway works RD10453a received 17 October

2011 Off-site Highway Works Ram Lane Bend Widening and Footway extension RD10454

received 17 October 2011 Huntingdon RoadRam lane Off-site highway works RD10453 received 17 October

2011

Development Control Committee 66 of 100 Date printed 9 November 2011

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS4 PPS9 PPG13 PPS23 PPS24 and PPS25the East Midlands Regional Plan policies 1 2 3 11 18 20 21 28 29 30 31 35 39 43 MKSM Northamptonshire SRS Northamptonshire 1 the North Northamptonshire Core Spatial Strategy 2008 policies 1 5 6 8 9 11 13 and 14 Rural North Oundle and Thrapston Plan policies 1 2 4 5 7 11 12 16 and THR4 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development including the economic development benefits of the proposal the impact on the landscape highway issues sustainability of the design the impact on neighbouring amenities contamination drainage and the need for communityinfra-structure contributions The application has been approved as

1 The economic development benefits of the proposals outweigh the impact on the landscape arising from removal of the bund and existing vegetation

2 Whilst the loss of the existing vegetation would have ecological implications mitigation works are proposed to the Titchmarsh Nature Reserve

3 There would not be an adverse impact on the highway network having regard to the proposed off-site highway works

4 The extension would meet the BREEAM standard very good 5 A condition can be imposed to require details of surface water drainage to be

submitted and approved 6 Whilst there is a landfill site nearby the waste that is disposed is inert and would not

effect the proposed development

2 The application site is less than 250m from the boundary of an operational landfill site and waste processing facility which is permitted by the Environment Agency The waste disposed at the landfill is classed as inert and as such should not have the potential to generate significant quantities of landfill gas

The operator of the landfill monitors landfill gas from perimeter boreholes as per the conditions on their environmental permit Results from this monitoring indicates the landfill is not producing gas in sufficient quantities that may pose a risk to the development However the applicant may wish to seek advice from a consultant experienced in these matters to ensure that the development can be delivered safely

3 No works within the existing adopted highway maintainable at public expense may commence without the express written permission of the Highway Authority This planning permission does not give or infer such permission The Highway Authority will only give consent to commence works subject to the completion of an Agreement under Section 278 of the Highways Act 1980 Full engineering drainage street lighting and constructional details will be required to process such an agreement Any details submitted will be subject to a technical and safety audit that may result in changes to the details of the rural route and junction etc required to discharge the relevant condition above

Attention is drawn to the implementation of the Traffic Management Act 2004 where a three month notice period to allocate road space (for works within the highway) is formally given prior to the commencement of works

Development Control Committee 67 of 100 Date printed 9 November 2011

Committee Delegated Report

Printed 26 October 2011

Case Officer Amie Baxter EN1101341FUL

Date received Date valid Overall Expiry Ward Parish 22 August 2011 26 August 2011 21 October 2011 Lyveden Brigstock

Applicant C And D Developments (Northants) Ltd - Mr C Rose

Agent Toby Pateman Architect

Location Land Adjacent Honey Bun Hill Newtown Brigstock Northamptonshire

Proposal Erection of 2 no new dwellings

This application has been brought before the Development Control Committee due to Members showing interest in this site previously and as Brigstock Parish Council have objected to the proposed development

1 Summary of Recommendation

11 That planning permission be GRANTED subject to conditions

2 The Proposal

21 The application seeks planning permission for an amendment to a previously approved scheme for the erection of two dwellings The proposed amendment is to insert a

number of rooflights in the roof slope of both dwellings

22 The proposed roof lights would measure 025 by 035 metres each and it is proposed to add roof lights in the following positions

Unit One (to the eastern side of the site) bull Two roof lights in the east (rear) roof slope bull Three roof lights in the west elevation (front)

Unit Two (to the northern side of the site) bull Two roof lights in the west (front) elevation bull Four roof lights in the east (rear) elevation bull One roof light in the south (side) elevation

23 The roof lights are proposed to allow the conversion of the roof space in both dwellings Planning permission is not required to convert the loft into habitable space

24 The two dwellings have been partially constructed in line with a previously approved application

3 Site and Surroundings

31 The site is positioned to the north side of Stanion Road on the western edge of Brigstock

Development Control Committee 68 of 100 Date printed 9 November 2011

32 To the north west of the site is a development of modern bungalows known as Swan Avenue and to the north east is Honey Bun Hill a detached bungalow sited at the top northern end of Newtown The application site abuts the southern garden boundary of Honey Bun Hill

33 Newtown is a narrow unmade private road which serves to access a row of terraced houses on its western side and a number of individual detached houses which have been developed in a piecemeal fashion The side garden boundary of 17 Newtown forms the southern boundary with the application site

34 Beyond the application site to the north is open countryside

35 The application site is accessed from Stanion Road via a long narrow track which runs adjacent to the garden boundaries of 16 and 18 Stanion Road The access runs to the west of a rectangular plot of land to the rear of the terrace row in Newtown (1 to 17 Newtown) This land is commonly referred to as the lsquopump stationrsquo site and has planning permission for two dwellings using the same access as the application site (EN0200802FUL and EN 0200318FUL)

36 The site slopes upwards from Stanion Road towards the northern boundary

37 The north west boundary of the site is marked by a close board fence a public footpath and a row of leylandii trees A close board fence runs around the property known as Honey Bun Hill and the southern boundary is comprised of a mix of leylandii and native hedging

38 The character of the area is residential composed of a range of dwelling styles with no one type dominating

39 Brigstock Conservation Area is some distance to the east of the application site

4 Policy Considerations

4 1 National Policy PPS1 ndash Delivering Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 East Midlands Regional Plan (RSS8) On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 13b ndash Housing Provision (Northamptonshire) Policy 14 ndash Regional Priorities for Affordable Housing Policy 17 ndash Regional Priorities for Managing the Release of Land for Housing Policy 48 ndash Regional Car Parking Standards Policy MKSM SRS Northamptonshire 1 Policy MKSM SRS Northamptonshire 2

Development Control Committee 69 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements

Policy 7 ndash Delivering Housing Policy 9 - Distribution and Location of Development

Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficient and Sustainable Construction

Policy 15 - Sustainable Housing Provision

44 Other Relevant Policy Three Towns Preferred Options document The Highway Authority Standing Advice for Planning Authorities Document July 2008 Planning Out Crime SPD ENC Developer Contributions SPD

5 Relevant Planning History

51 0602201OUT ndash Outline for residential development ndash Granted under delegated powers by 16 February 2007

52 0700827FUL- Two detached dwellings This application was refused under delegated powers but later allowed on appeal

53 0801134FUL- Residential development ndash Refused under delegated powers on 27 Aug 2008

54 0900116FUL- Residential development of 6 new dwellings Resubmission of EN0801134FUL Permitted by the Development Control Committee on 25032009

55 0800395FUL- Erection of two detached dwellings swimming pools access and other associated works Permitted by the Development Control Committee on 04062008

56 1000341FUL- Erection of two detached dwellings - amendment to EN0800395FUL) Permitted by Development Control Committee on 080910

6 Consultations and Representations

61 Neighbours No comments received

62 Brigstock Parish Council ndash Object on the following grounds bull The design of the proposed dwellings is overpowering especially considering the sitersquos

elevated position The design is also very urban which is out of character with the village location The design would not mellow with age

bull The scale of the dwellings is wrong bull The right of way to Swan Close has been blocked off to allow an extension to the

garden of the dwelling on the neighbouring site (currently under construction) This is a symptom of overdevelopment

63 Highways Authority No objection

64 Ramblers Association No comments to make

7 Evaluation

71 The main considerations in the determination of this proposal are the principle of development design and visual impact and impact on neighbouring properties

Development Control Committee 70 of 100 Date printed 9 November 2011

72 Principle of development

721 The principle of development for two dwellings on this site was established by the previous application (1000341FUL) permitted at Development Control Committee on 08092010 The relevant national and local policy has not changed since the previous application was approved and therefore officers have no reason to alter their view of the proposed development

722 As the only difference between the previously approved scheme and the one put forward with this application is the insertion of a number of velux roof lights only the impact of the roof lights needs to be considered

723 It should also be borne in mind that the occupiers of the two dwellings could add roof lights without the need for planning permission once the dwellings are built

724 Not all of the previously approved conditions are recommended as part of this report to save duplication of the previous permission where it is clear that the dwelling has already been built in accordance with the previously approved plans

73 Design and Visual Impact 731 The design and visual impact of the two dwellings was considered during the previously

approved application and was found by members to be appropriate The comments from Brigstock Parish Council are noted but given that they make no specific comments regarding the proposed roof lights and as the two dwellings have already been approved their comments are not relevant to this proposal

732 Given the elevated positioning of the plot the roof of each of the proposed dwellings would be visible from outside the site However as the proposed roof lights would be small and positioned in line with the angle of the roof the roof lights would not be overly dominant in a visual sense

74 Effect on neighbours 741 Given the nature of the proposed development and as no additional bulk would be

introduced there would be no overbearing impact or additional overshadowing on neighbouring occupiers

742 A condition is recommended to ensure that the roof lights are inserted with a minimum cill height of 16 metres to avoid any additional overlooking

80 Other Issues 81 None relevant

9 Conclusion

91 In recommending this application for approval the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application is recommended for approval as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 71 of 100 Date printed 9 November 2011

10 Recommendation

101 It is recommended that the application be GRANTED subject to the following conditions

11 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Before commencement of the development hereby permitted details of the provision of screening to all boundaries of the site shall be submitted to and be approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erected and shall include details of boundary screening along the northern boundary which shall be erected in a manner which would provide privacy for the occupiers of Honey Bun Hill This boundary screening shall then be provided in accordance with the details so approved before the building is first occupied and shall thereafter be retained in perpetuity

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

3 Pedestrian visibility splays of 24m x 24m (20 metre x 20 metre if turning space is available within the site) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) no windowsdormer windows other than those expressly authorised by this permission shall be constructed on the side elevations of the proposed dwellings All windows serving bathrooms shall be obscure glazed in a manner which would prevent overlooking and fitted with top hung casements which are incapable of being opened further than 100mm

Reason To protect the residential amenity of neighbouring occupiers

5 No development shall take place until there has been submitted to and be approved in writing by the Local Planning Authority a comprehensive scheme of landscaping for the site which shall be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development unless otherwise agreed in writing by the Local Planning Authority The landscaping scheme shall include the retention of the existing trees along the eastern and southern boundary of the application site and those trees shall thereafter be retained unless agreed in writing by the local planning authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

6 All planting seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the building(s) or the completion of the development whichever is the sooner Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 72 of 100 Date printed 9 November 2011

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

7 Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy satisfying the requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy shall be submitted to and be agreed in writing by the Local Planning Authority and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

8 The rooflights hereby approved in the shall be provided at a minimum sill height of 16 metres and shall thereafter be retained in this manner unless otherwise approved in writing by the local planning authority

Reason In the interests of residential amenity

9 The works hereby permitted shall be carried out strictly in accordance with the approved plans (50-09-00 50-09-05 A 04-11-05B 04-11-01B 04-11-02B received on the 22082011 ) unless otherwise agreed in writing by the local planning authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application has been approved as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings

bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 73 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 27 October 2011

Case Officer Anna Lee EN1101447REM

Date received Date valid

Hill 12 September 2011 29 September

Overall Expiry 2011 24 November 20

Ward 11 Fineshade

Parish Easton-on-the-

Applicant Mr P Bee

Agent Mr J Moses

Location 33 Westfields Easton On The Hill Stamford Northamptonshire PE9 3LY

Proposal Reserved matters Development of land ro 31 and 33 Westfields for the provision of 4 dwelling houses with new access road Demolition of current garage and relocation of No33 to allow access road pursuant to application EN0901133OUT dated 31209

The application has been brought to Development Control Committee because the proposal falls outside of the 2010 Scheme of Delegation as it is for more than one residential unit within a Restricted Infill Village and because of the history of the site The original outline planning application EN0901133OUT was approved by committee on 02122009 and a copy of the previous report to committee is appended to this report

1 Summary of Recommendation

11 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and subject to conditions

2 The Proposal

21 Outline planning permission was granted for the construction of four dwellings on the site with all matters reserved under reference EN0901133OUT This application seeks reserved matter approval for access layout scale appearance and landscaping etc

22 The proposal is for four detached two storey dwellings comprising of one three bedroom property two four bedroom properties and one five bedroom property Three of the dwellings would have garages (plots 1 2 and 3) and a separate detached garage is proposed to serve the existing property no33 Westfields A new access road is proposed off Westfields to serve the proposed new dwellings and the existing property

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary The property benefits from a detached garage located on the side of the main house It is proposed that this garage would be demolished in order to provide space for the proposed new access road

Development Control Committee 74 of 100 Date printed 9 November 2011

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

34 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 ndash Biodiversity and Geological Conservation PPG13 ndash Transport PPS24 ndash Planning and Pollution Control PPG24 ndash Planning and Noise

42 East Midlands Regional Plan March 2009 On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 45 ndash Regional Approach to Traffic Growth Reduction Policy 48 ndash Regional Car Parking Standards

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution amp Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan (RNOTP) 2011 Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 6 ndash Residential Parking Standards

45 Supplementary Planning Guidance Planning Out Crime in Northamptonshire Feb 2004

46 Supplementary Planning Document Design SPD March 2009

47 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Development Control Committee 75 of 100 Date printed 9 November 2011

5 Relevant Planning History

51 Planning permission has been granted for other residential development on land to the east of the site A residential scheme comprising 10 affordable housing units was granted on the land to the rear of nos 9 to 21 Westfields under reference EN0800284FUL on 11062008 This scheme has been built and is now known as lsquoThe Bramblesrsquo

52 More recently Development Control Committee came to a resolution on 14042011 to grant planning permission for the construction of eight dwellings on land rear of nos 28 30 And 32 Western Avenue under reference EN1001183OUT This application is currently pending a legal agreement

6 Consultations and Representations

61 Neighbours Any comments received will be added to the committee updates

62 Easton on the Hill Parish Council Any comments received from the parish council will be added to the committee updates

63 Crime Prevention Officer (Northamptonshire Police) no objection The officer recommends that conditions be imposed to require (1) the submission of lighting details (2) boundary screening details and (3) details to ensure that the windows and doors of the new dwellings are fitted to secure standards

64 Environmental Protection Officer no objection However conditions are recommended (1) to control the demolition construction and delivery hours (limited to Monday to Friday 0800am to 1800pm Saturday 0830am to 1300pm and at no time on Sundays or bank holidays) (2) details of how dust would be controlled particularly during the demolition works (3) and an informative to advise that any asbestos found during demolition should be removed in a safe manner and be disposed of to an appropriately permitted facility

65 Site notice posted no other representations received

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 The principle of residential development at the rear of the properties along Westfields and Western Avenue has been established by the 10 affordable housing units built at the rear of numbers 9 to 21 Westfields (granted under reference EN0800284FUL) and another development of eight dwellings has been recently granted at land rear of 28 30 And 32 Western Avenue (under reference EN1001183OUT)

722 The principle of residential development on this site was established by the original outline planning permission EN0901133OUT The site was considered suitable for residential development because it lies within the built up part of Easton on the Hill and lies close to existing residential development and other local services Therefore only the following details are relevant to this reserved matters application access layout scale appearance landscaping parking impact on neighbour amenity and sustainable construction and energy efficiency These are discussed in turn below

Development Control Committee 76 of 100 Date printed 9 November 2011

73 Access

731 The application proposes the construction of a new access road in the position of the existing vehicular entrance so that access could be created off Westfields to serve the proposed new dwellings and the existing property no33 Westfields The local highway authority (NCC) carried out a detailed assessment of the proposed access road during the outline application and was satisfied with the creation of a new access road in the proposed location The proposed access road measuring more than 45 metres in width for the first 10 metres back from the highway boundary would allow sufficient room for vehicles to pass without conflict and would meet the NCC requirements for a shared access NCC has previously recommended that pedestrian visibility splays measuring 20 metres by 20 metres and vehicular visibility splays measuring 430 metres by 430 metres be provided on both sides of the vehicular access The agent has been requested to provide further drawings to clearly show these visibility splays Therefore providing satisfactory drawings are received to show these details the proposal would comply with NCC highway requirements

732 NCC have been consulted on this reserved matters application and the highway officerrsquos comments on the design and layout of the proposed new vehicular entrance and access road will be added to the committee update sheet

74 Layout

741 The proposed dwellings would be positioned to follow the orientation of the existing surrounding dwellings (along Westfields Western Avenue and The Crescent) and are arranged so that they would face onto an enclosure formed by the proposed access road and the front gardens of the proposed dwellings Each property would have a private driveway served off the access road and these would lead to a garage proposed for three of the properties (plots 1 2 and 3) The rear garden of the proposed dwellings would lsquoback-onrsquo to the rear gardens of the existing surrounding properties The rear gardens proposed for the dwellings each measuring approximately 13 metres by 10 metres in area would provide sufficient private amenity space to serve the future occupiers of the proposed dwellings As mentioned in the original outline application given the fact that the gardens of the existing surrounding properties all vary in layout and sizes and with some being similar in size than those proposed in this development the gardens proposed for the new dwellings would be acceptable

75 Scale and Appearance

751 As the area is characterised by two-storey houses condition 5 was imposed on the outline planning application to require that the proposed dwellings be limited to a maximum height of two storeys although it would be possible for the dwellings to have rooms in the roof Plots 2 3 and 4 are all two-storey properties with no rooms in the roof Whilst plot 1 is designed slightly taller than the other proposed dwellings and has two rooms in the roof this property would have the appearance of a two-storey property This is because this dwelling is designed with low eaves (measuring 50 metres) a low ridge (measuring 99 metres) and would not have any windows in the roof Therefore the proposed development would be in-keeping with the scale of the surrounding development

752 In terms of appearance the proposed dwellings are designed to look similar to each other but with also slight variations The buildings are designed with lean-to facing roofs small front porches (for plots 1 3 and 4) a two storey gable end on one plot (plot 2) and with the exteriors half covered in render and half in brickwork The overall design of the properties would generally be in-keeping with the existing surrounding houses and providing suitable materials are used in the construction of the properties the scheme would add an interesting and modern variation to the area

Development Control Committee 77 of 100 Date printed 9 November 2011

76 Landscaping

761 The submitted lsquoproposed landscape layoutrsquo drawing (drawing number JWMPB022) shows that the existing hedges and shrubs along the east and southwest boundaries of the site would be retained and new trees would be planted within the front and rear gardens of the proposed dwellings Also low level shrubs are proposed to be planted along the western boundary adjacent to the proposed access road and within the garden of no33 Westfields These proposals would help to enhance the landscaping within the development as well the appearance of the surrounding area

762 In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the boundaries of the site and within the neighbouring gardens conditions requiring the submission of tree protection details and an arboricultural method statement were recommended on the outline planning permission Therefore it would not be necessary to repeat these conditions should the council decide to grant the reserved matters application

77 Parking

771 Policy 6 of the RNOTP states that an average maximum residential parking standard of two spaces per dwelling will apply for the plan area In accordance with the requirement of this policy there would be room for parking of at least two vehicles within the curtilage of each of proposed dwelling There is room for parking along the driveways proposed at the side of plots 1 2 and 3 and in front of plot 4 and also within the garages proposed to serve plots 1 2 and 3 Also a double garage and parking area is proposed at the rear of no33 Westfields and this would provide sufficient parking for the existing property

78 Neighbour Amenity

781 The proposed dwellings at a distance of over 30 metres would be sufficiently positioned away from the residential properties to the north at Westfields and to the west at The Crescent (in particular numbers 29 31 and 33 Westfields and numbers 1 3 5 17 19 21 23 The Crescent) The new garage proposed for no33 Westfields and plots 1 and 2 would be positioned close to the outbuilding located within the rear garden of no31 Westfields However given that the neighbouring building is only used for storage there would be no undue harm on the neighbouring occupiers

782 Plots 3 and 4 would be positioned between 25 to 30 metres away from the neighbouring properties to the south (numbers 38 36 and 34 Western Avenue) There would be no significant overbearing overshadowing or overlooking impact on these properties due to this distance Furthermore no windows are proposed in the south side of plot 3 However in the interest of preventing overlooking on the neighbouring garden of no38 Western Avenue and plot 4 in the future a condition is recommended to require that no new windows be created in the south side of plot 3 in the future

783 Plot 4 would be positioned 15 metres away from no32 Western Avenue Due to this distance and the fact that the proposed dwelling would be positioned at an angle away from the neighbouring property on the northern side it would be extremely difficult to justify a refusal of planning permission on the basis of overbearing or overshadowing on this neighbouring property A toilet window is proposed at the first floor of plot 4 on the side closest to no32 Western Avenue Providing it be conditioned that this window is fitted with obscure glazing this would help to prevent overlooking on the neighbouring property

Development Control Committee 78 of 100 Date printed 9 November 2011

784 The submitted landscaping plans do not clearly show the treatments proposed along the boundaries to the surrounding properties Whilst the submitted plans identifies lsquoexisting mixed hedging and shrubsrsquo along the east and western boundaries it is difficult to establish how high the retained hedge would be and whether this would offer sufficient screening to the surrounding neighbouring gardens and the gardens of the proposed dwellings Also apart from the proposal to retain and plant new trees along the southern boundary of plots 3 and 4 the submitted drawings do not provide details of the boundary treatment proposed for the rear southern boundaries to the properties along Western Avenue Therefore in the interest of safeguarding the privacy of the existing surrounding occupiers and the future occupiers of the proposed dwellings conditions are recommended to require the submission of further boundary treatment details for approval before commencement of development

785 Low level shrubs and an open 1 metre high picket fence is proposed along the west and southern boundaries of no33 Westfields There are concerns that these would not provide sufficient screening for the rear garden of the existing property Therefore in the interest of safeguarding the privacy and residential amenity of the occupiers at no33 Westfields a condition is recommended to require the submission of further boundary screening details for approval

786 The proposed dwellings are sufficiently positioned away from each other such that there would be no undue overbearing or overshadowing impact between the properties A first floor bedroom window has been proposed in the north side of plot 3 which would directly face onto the front windows of plots 1 and 2 In order to prevent overlooking between the proposed dwellings the agent has been requested to remove the first floor bedroom window proposed in the north side of plot 3 Any amended drawings received will be reported in the committee updates Furthermore a condition is recommended to require that no new openings be created in the north side of plot 3 in the future

787 The conditions recommended by the Environmental Protection Officer to control delivery demolition and construction hours and require the submission of a dust control details would help to safeguard the residential amenity of the surrounding occupiers Overall the recommended conditions would help to minimise the impact of the proposal on the surrounding neighbours

79 Sustainable Construction and Energy Efficiency

791 Policy 14 of the NNCSS requires new development to incorporate techniques of sustainable construction provision for waste reduction and recycling and water efficiency and recycling and a condition has been imposed on the outline planning permission which requires the submission of a sustainable strategy before commencement of development (condition 20) The application is accompanied by a document which details the works proposed to be carried out to the individual properties However due to the lack of information provided to demonstrate how the development would meet the requirements of this policy an informative is recommended to remind the applicant about the requirements of condition 20 which has not been satisfied by the information submitted as part of this reserved matters application

8 Other issues

81 Levels ndash Condition 6 of the outline planning permission requires the submission of slab level details at the reserved matters A drawing has been submitted to show the existing and proposed level changes across the site and the levels at which the proposed dwellings and garages would be constructed (drawing number JWMPB024A) Given that the levels within and surrounding the site are relatively consistent the proposed level changes are relatively minor and do not appear to raise any significant issues

Development Control Committee 79 of 100 Date printed 9 November 2011

82 Drainage ndash Condition 9 requires the submission of foul and surface water drainage details These proposals are shown on drawing number JWMPB024A and detailed in the submitted Drainage and Waste Disposal Strategy The applicant has given sufficient consideration to drainage for the purpose of this planning application and the drainage proposals would be further assessed as part of Building Regulations

83 Crime and disorder ndash No33 Westfield and no1 The Crescent would provide natural surveillance for the access road and the proposed dwellings would provide natural surveillance for each other within the development However in the interest of the residential amenity of the future occupants and to reduce opportunities for crime and the fear of crime during the evenings conditions are recommended to require the provision of lighting along the main access road and within the development and that details be submitted to ensure the security of the windows and doors

84 Refuse ndash The submitted plans show that a small area would be provided within the front garden of no33 Westfields for the storage of refuse and recycling bins The agent has been requested to enlarge this area so that sufficient space could be provided for bin storage towards the front of the access This matter would be further discussed in the committee updates and any amendments received will be reported in the committee update sheet

9 Recommendation

91 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and the following conditions

10 ConditionsReasons -

1 Prior to the commencement of the development hereby permitted details and a sample of the proposed facing brick(s) and roof tile(s) to be used for the construction of the dwellings and garages hereby permitted shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

2 Prior to the commencement of the development hereby permitted details of the colour and finish details of the render to be used on the exterior of the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order) no windows or other form of opening shall be inserted in the south and north facing elevations of plot 3 hereby permitted

Reason To ensure adequate standards of privacy for neighbours and occupiers

4 Before plot 4 hereby permitted is first brought into occupation the first floor en-suite window in the south facing elevation shall be fitted with obscured glazing to a minimum level of obscurity to conform to Pilkington Glass level 3 or equivalent and this obscure glazing shall thereafter be retained permanently

Reason To ensure adequate standards of privacy for neighbours and occupiers

Development Control Committee 80 of 100 Date printed 9 November 2011

5 Notwithstanding the submitted details and prior to the commencement of the development hereby permitted details of the provision of screening to the eastern western and southern boundaries of the site (to the properties along Western Avenue and The Crescent) shall be submitted to and approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erectedretained This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

6 Notwithstanding the details shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) alternative boundary treatment for the west and southern boundaries of no33 Westfields shall be submitted to and approved in writing by the Local Planning Authority This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings hereby approved and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

7 The planting seeding and turfing proposals shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) and any subsequent planting proposals approved in writing by the Local Planning Authority under conditions 5 and 6 above shall be implemented in the first planting season following the first occupation of plots 1 2 3 and 4 unless otherwise agreed in writing by the Local Planning Authority Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

8 Prior to the first occupation of the dwellings hereby permitted the vehicular accesses to the public highway and parking facilities shown on the submitted plans to serve the development shall have been completed and brought into use and be thereafter retained unless otherwise agreed in writing by the local planning authority

Reason In the interest of highway safety

9 Deliveries demolition or construction works shall be not be carried out except between the hours of 0800am -1800pm Mondays to Fridays 0830am ndash 1300pm on Saturdays and at no time on Sundays or Bank Holidays unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of residential amenity

10Prior to the commencement of any demolition work or other development on the site a method statement for the control of dust during demolition and construction shall be submitted to and approved in writing by the Local Planning Authority The works shall thereafter be implemented in accordance with the scheme so approved unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 81 of 100 Date printed 9 November 2011

Reason In the interests of residential amenity the orderly development of the site and to protect the environment

11Details of a scheme of lighting for the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development This shall include full details of the type of lighting number exact location and level and type of illumination The scheme shall thereafter be implemented in accordance with the details so approved prior to the first occupation of the dwellings unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

12A scheme to ensure the security of all of the ground floor doors and windows and easily accessible first floor doors and windows of the dwellings hereby approved including details of any secure standards shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be carried out in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

13 The development hereby permitted shall be carried out strictly in accordance with the approved plans plans received by the Local Planning Authority on 12 September 2011 drawing numbersJWMWH025 JWMPB02B JWMPB021 JWMPB22 JWMWH016 JWMWH017 JWMWH015 JWMPB010 JWMPB009 JWMPB011 JWMPB005 JWMWH008 JWMPB002 JWMPB001 JWMWH003 JWMWH004 and drawing numbers JWMPB006A and JWMPB024A received by the Local Planning Authority on 29 September 2011 unless otherwise agreed in writing by the Local Planning Authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 The additional information to which this decision relates is as follows Information received by the Local Planning Authority on 12 September 2011

lsquoSpecification for Works To Be Carried Outrsquo and Tree Survey

2 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 PPS9 PPG13 PPS23 and PPG24 Policies 1 2 3 45 48 of the East Midlands Regional Plan 2009 Policies 1 9 10 13 and 14 of the North Northamptonshire Core Spatial Strategy 2008 Policies 1 and 6 of the Rural North Oundle and Thrapston Plan 2011 Design SPD 2009 Planning Out Crime in Northamptonshire 2004 and Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of development accesshighway impact layout scale appearance landscaping parking impact on neighbouring amenities and sustainable construction

Development Control Committee 82 of 100 Date printed 9 November 2011

------------------------------------------------------------------------------------------------------------------------

The application has been approved as

1 The principle of the development is acceptable and is consistent with the development plan and guidance contained in national planning policies

2 The proposal would not harm visual amenity or the character and appearance of the area

3 The proposal would not have any significant access issues or an unacceptable impact on the local highway

4 The proposed layout scale appearance and landscaping proposals are acceptable 5 The proposal would not result in an unacceptable loss or harm to trees 6 The proposal would not have a significant impact on the amenities of neighbouring

occupiers or the amenity of the area 7 The proposal would meet the sustainable construction and energy efficiency

standards

A full report is available on the Councilrsquos website wwweast-northamptonshiregovuk

3 The applicant is advised that any materials containing asbestos should be safely removed and disposed off to an appropriately licensed waste management facility

4 Unfortunately the information submitted as part of this reserved matters application does not address condition 20 of outline planning permission number EN0901133OUT The applicantrsquos attention is drawn to the requirements of this condition

5 Please note that an application to discharge the above conditions will be required Please ensure that you allow sufficient time for your application to be determined prior to implementing your permission An approximate timescale of 8 weeks is required For full details please visit httpwwweast-northamptonshiregovukconditions

APPENDIX 1 Report to Development Control Committee 02122009 ------------------------------------------------------------------------------------------------------------------------

The application has been brought to Development Control Committee in accordance with the 2006 scheme of delegation as the proposal relates to more than one residential unit within a Restricted Infill Village (formerly classified by policy H10 of the local plan) In addition the Parish Council has objected on grounds that the access to the development would be dangerous

1 Summary of Recommendation

11 That permission be GRANTED subject to conditions

2 The Proposal

21The application seeks outline planning permission for the erection of four dwellings on the site All matters including access siting external appearance landscaping etc are reserved

22 Whilst all matters are reserved the submitted Design and Access Statement explains that the existing access which serves No33 Westfields would be widened and used to the serve the development and the garage located to the side of No33 Westfields would be demolished to accommodate the new vehicular access route These proposals are shown on the submitted indicative layout drawings

Development Control Committee 83 of 100 Date printed 9 November 2011

23 In addition the submitted Statement confirms that the dwellings will be for market housing and the housing mix is of a mixture of three four and five bedroom properties as the submitted statement states ldquoThe floor area of the dwellings will range from 1300 sqft giving a total of approximately 546m2 (5869sqft) and be 1 No 3 bed 2 No 4 bed and 1 No5 bed homesrdquo The Statement also advises that ldquoIt is intended that these would be of ground and first floor construction with some possibility of utilising the roof spacerdquo

24 The maximum scale parameters have been confirmed by the agent in an email dated 26102009 as follows

Plot 1 maximum width 9 metres maximum length 9 metres maximum height 10 metres to the ridge and 55 metres to the eaves

Plot 2 maximum width 10 metres maximum length 10 metres maximum length 10 metres maximum height to the ridge 95 metres and 55 metres to the eaves

Plot 3 maximum width 85 metres maximum length 9 metres maximum height to the ridge 9 metres and 55 metres to the eaves

Plot 4 maximum width 8 metres maximum length 8 metres maximum height to the ridge 85 metres and 55 metres to the eaves

25 An amended drawing was received on 16th September 2009 to address the concerns of the Local Highway Authority (see paragraph 64 below for full details)

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden curtilage by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary and this access currently leads to a detached garage located on the side of the main house

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

32 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

Development Control Committee 84 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Supplementary Planning Guidance Parking SPG March 2003 Planning Out Crime in Northamptonshire Feb 2004

45 Rural North Oundle and Thrapston Plan (emerging policy) The Rural North Oundle and Thrapston Plan went through an examination process in 2008 and 2009 Following this examination on 8 July 2009 the Inspector found the document sound However as yet the Council has not adopted the Plan as a Development Plan Document as such the Council is still treating the document as emerging policy The relevant policies in the RNOTP include

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

46 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008 Design SPD March 2009

5 Relevant Planning History

51 A residential scheme comprising 10 social housing units was granted on the land to the rear of numbers 9 to 21 Westfields under reference EN0800284FUL on 11062008 At the time of the application this site was known as Land between 6 and 16 Porters Lane Access to the site was provided In this application from the front of no15 Westfields

52 Previous applications proposing a bungalow and one or two dwellinghouses on the site were refused under planning reference 660008QTR on 14101966 and 6300067OTR on 05031964 respectively

53 Extensions and alteration have been permitted to the property No33 Westfields and these are listed below

- EN0000893FUL Detached double garage (revised scheme) Permitted 06122000

- EN0000091FUL Two storey rear extension and detached double garage Permitted 06042000

54 Extensions and alterations have also been permitted to no31 Westfields and these are listed below - EN9900406FUL Single storey rear extension Permitted 05081999

6 Consultations and Representations

61 Neighbours 18 neighbour letters received and the contents are summarised below

2 Baxters Lane Objection The neighbour considers the road to be busy and narrow with cars parked along on the road and on the grass The neighbour comments that ldquoThe area is densely populated On top of this is the only access to the Cricket ground and playing fields as well as serving the only village shoprdquo The neighbour is concerned that as the affordable housing scheme has yet to be implemented the development

Development Control Committee 85 of 100 Date printed 9 November 2011

would further increase traffic damage trade to the shop and increase the risk of accidents ldquoespecially the children of the village who use this only route to the playing fieldsrdquo

33 Church Street Objection The neighbour is concerned about road safety The existing site is considered to be on already dangerous corner and that the development would add permanently to this hazard

51 West Street Objection The neighbour is concerned about the proposed access The proposed access is considered to be too narrow and in itself a hazard In addition the corner of the site adjoins a lane which provides access for farm vehicles to the fields and access for pedestrians attending the cricket club and playing field further down the lane ldquoThe corner junction also provides access to the allotments and is used as a turning point by those frequenting the Post Office at the bottom of Westfieldsrdquo The neighbour is also concerned about parking as Westfields is often parked with vehicles at peak times and considers the situation to worsen once the scheme already granted for the 10 dwellings further along the road is complete The neighbour considers that a traffic survey taken in the morning and also late afternoon may better reflect the activity of the local area

1 Westfields Objection The neighbour feels that the area is already overdeveloped The neighbour advises that there is already traffic in the area from the rest of the village using the post office and shop and there are large farm vehicles using the road to get to the land west of the village where large vehicles have problems passing because of the parked cars The neighbour considers the main issue to be the entranceexit road on the corner of The CrescentWestfields which appears very dangerous and vehicles travel quite quickly at times

23 Westfields Objection In addition to the concern of increased traffic problems the neighbour is concerned about the increase in strain to their sewerage system and water supply as the area is experiencing a low water pressure problem

38 Westfields Objection on grounds that the road would exit onto a very busy and dangerous corner ldquoThere cars parked on the corner on both sides add to this that on a sunny day when you come from the Cresent direction the sun shines in your eyes and it is very difficult to see traffic coming up Westfields ndash mostly on the wrong side of the roadrdquo

40 Westfields Objection due to loss of privacy to neighbours and due to the development being a cramped form of development The neighbour is concerned that the development is situated on a busy corner which in itself would be dangerous and will impact seriously on parking by existing residents and also increase traffic especially during development

42 Westfields Objection The occupants have lived in Westfields from when the first homes were built The neighbour feels that the houses will be too crammed into the garden space of the two properties There are concerns about parking as few homes have off-road parking and there are many vehicles parked on the roadside The neighbour comments that ldquoThe Crescent and the entrance to the Drift I believe this to already be a road safety hazard and would like to see speed ramps in use Extra traffic four homes could mean at least 8 extra vehicles trying to pull out onto Westfields at this point would create hazards for traffic using using Westfields as a link in either directionrdquo In addition to road traffic the neighbour is concerned about the safety of pedestrians and local school children

Development Control Committee 86 of 100 Date printed 9 November 2011

44 Westfields Objection It is believed that this proposal would cause numerous problems to local residents including the loss of privacy and a cramped form of development The neighbourrsquos major concern is that the proposed entranceexit to this development is to be situated on a busy corner in which the neighbour considers dangerous and will impact on parking by existing residents and increase traffic especially during development

46 Westfields Objection ldquoThe main basis for this Objection is the impact this proposal will have on traffic flows and road safety along with the assertion by the proponent of the scheme that Easton on the Hill is a lsquoSustainable Communityrsquordquo The other concerns are summarised below

bull Traffic ndash The neighbour notes that a Traffic Audit has been submitted to provide some information on the current traffic flows along Westfields However the neighbour comments that this was conducted over one weekday and only between the hours of 10am and 2pm ldquoThe traffic survey did not cover commuter traffic ie those people driving to and from work and did not cover any weekend period at allrdquo The neighbour requests the Council to consider whether this survey is adequate to inform decision making

bull The cumulative impact from the proposed development with other developments in the vicinity on traffic and road safety

bull The proximity of the proposed access to the road bend and reduced visibility for drivers The development increases the risk of accidents to other road users and pedestrians in particular school children and young people

bull No33 currently has two entrances which they can use The parking of vehicles outside would obstruct both entrances

bull The neighbour is concerned that public parking would be restricted along this stretch of Westfields ie by the imposition of double yellow lines and considers this to be detrimental to the other residents and visitors

bull The neighbour considers the idea of lsquosustainable communityrsquo to be questionable as the new residents of the development will also use cars

bull The neighbour refers to Policy 2 of the RNOTP and questions whether the existing local services ie shops and schools would cope with the extra demand

bull The proposal increases the density of dwellings on the same area of land

48 Westfields Concerns are raised about the highway impact of the development ldquoAlready traffic comes down from The Crescent onto Westfieldrsquos (which is quite a sharp corner) as far too fast a speedrdquo and the damage caused to parking cars by the moving traffic The neighbour advises that the playing field already generate a lot of traffic In addition the neighbour is concerned about sewerage problems

3 The Crescent The neighbour advises that there is already a parking problem in the area where the roads are congested The submitted Traffic Survery does not take into account the busiest times of the day and pedestrian movement Concerns are raised on how emergency services will access the properties In addition the neighbour comments that there are already vacant houses for purchase in the recent development on Porters Lane and the submitted plans do not identify this development The submitted pictures shows no cars parked opposite the entrance and regularly there are at least 3 cars parked

16 The Crescent Objection Concerns raised on traffic from the farm The Close Western Avenue and Porters Lane and the danger on children who play in the area in the evenings

Development Control Committee 87 of 100 Date printed 9 November 2011

22 The Crescent Objection Concerns raised on traffic from local residents cricket club football field local shops and allotments and that the development would further increase traffic volume and harm local safety The access would adjoin onto Westfields at a corner which is currently unsafe and would increase the likelihood of accidents In the winter months the road is not gritted there have been accidents in the past and the proposed access road would increase danger to local residents

23 The Crescent no objection providing the houses are as stated in the application of two storey (ground and first floor) houses and not three storey town houses objection otherwise

14 Western Avenue The neighbour comments that the proposed driveway would be close to the road corner and the road corner is also the junction with the access lane to the local playing fields used by pedestrians children sports people and farm vehicles The allotments are also at this junction and there is currently no parking for the allotments These properties are considered to generate 15 cars and the neighbour questions whether this driveway can be considered a reasonable access In addition concerns have been raised on emergency vehicle access rubbish collection ldquoA single driveway would mean congestion on Westfields and The Cresent when a car wants to turn in if one was on the drive waiting to come outrdquo The traffic survey carried out for the times between 10am and 2pm hardly shows average usage ldquoCars that have been to the Post Office at the bottom of Westfields use the junction area as a turning point to go back down Westfields rather than go round The Crescent and Western Avenuerdquo ldquoWould the type of house being built actually be of benefit to the village there are still properties of this type for sale in the development on Porters Lane yet affordable housing for the village is required to either bring families into the village that will use the village school or provide single-storey accommodation for the elderlyrdquo The traffic from the recent development of 10 houses and other local traffic will need to be taken into consideration Parking is already a problem in the area as there is limited off-road parking and Westfields is particularly difficult to drive down because of the on-street parking

34 Western Avenue Objection The reasons are summarised below

bull Visual impact and in particular the spacious and rural appearance of the estate and the development would be a dominant feature

bull The development would be cramped and overdeveloped bull Plot 4 will overlook directly on the neighbours property and garden and affect the

neighbourrsquos view of the lsquorural aspectrsquo bull Loss of privacy ndash There is currently not a row of trees to the neighbouring boundary

Any trees planted would be so close to cause light problems to Plot 4 as this would be on the southern side of the property

bull Loss of light and overbearing from Plot 4 bull Harm to existing trees in particular the proposed driveway would impact on the tree

roots bull The tree canopies shown on the submitted drawing are inaccurate as they spread over

the boundary more significantly The existing vegetation is misinterpreted as trees bull Highway impact ndash The existing roads are narrow and care has to be taken with regard

to parked vehicles and oncoming traffic The submitted traffic survey was taken between 10am and 2pm but the village store and post office open between 7am and 7pm ldquoIn the mornings Porters Lane Western Avenue The Cresent and Westfields is used as a loop to drive to this shoprdquo and the traffic survey has not taken into account the 10 new houses built further down the road ndash estimated at being between 20 and 30 extra vehicles In addition the neighbour refers to the corner where Westfields and The Cresent meet and the traffic issues associated with the football pitch playing fields cricket club farm vehicles and allotments

bull Parking ndash would be a problem within the site there will be insufficient turningmanoeuvring space for vehicles to exit the site

Development Control Committee 88 of 100 Date printed 9 November 2011

bull Refuse ndash there are likely to be refuse problems as refuse lorries will not enter the site and refuse and recycling containers will have to be taken out to Westfields by the future occupiers

36 Western Avenue Objection

bull The access road to the development is situated close to the corner of Westfields and The Cresent and is unsafe and would increase the likelihood of accidents The proposal would intensify the use of the existing access from one to five and the visibility in the west direction is inadequate

bull The development would increase on-street parking where the existing road is narrow and has vehicles parked on both sides

bull Plot 4 would be positioned close to No34 and 36 Western Avenue and would be intrusive ldquoThe plan indicates trees directly behind plot 4 which are none existent only a low hedge existsrdquo

bull The neighbour is also concerned about noise due to the increase of vehicular movements and intensification of use of the site

bull The neighbour considers that the proposal would have an adverse affect on the character and appearance of the area would be a cramped form of backland development and would be over development of the site

bull Concerns have also been raised on the impact on nature conservation loss of wildlife habitat and loss of valuable green space within the estate

62 Parish Town Council objection ldquoon grounds that the access to the development proposal would be dangerousrdquo

63 Northamptonshire Crime Prevention Officer no objections subject to Northamptonshire Police being consulted on the full details during the submission of the Reserved Matters and in particular on the lighting scheme for the site The Crime Prevention Officer advises that Policy 13(b) of the Northamptonshire CSS states that ldquoSeek to Design out antisocial behaviour crime and reduce fear of crime by applying the principles of the Secured by Design Schemersquo and the Planning Out Crime in Northamptonshire SPG should be applied to the consideration of this application In addition the Crime Prevention Officer recommends that the homes should be built to attain the ACPO SBD Ltd ldquoSecured by Designrdquo award

64 Local Highway Authority The Highway Officer initially raised concerns that the visibility splay shown on the submitted drawing for the western side of the access was incorrect as third party ownership may prevent the implementation of the splays An amended drawing was later received to address the Local Highway Authorityrsquos concerns and the Local Highway Authority is now satisfied that sufficient information has been submitted to demonstrate that a vehicular access can be constructed in this location in accordance with the NCCrsquos adopted standards (see below for full details of recommendations)

65 Housing Strategy ldquoHousing Strategy does not support this application as the proposed type of housing will provide larger family dwellings and the need in the area is for smaller properties The provision of two bedroom houses for couples families or two bedroom bungalows for older people would be more appropriate Easton on the Hill has the highest percentage of older people in the District and the majority of these are owner occupiers The provision of bungalows would also mean less traffic congestion which seems to be a concernrdquo

Development Control Committee 89 of 100 Date printed 9 November 2011

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 PPS1 and PPS3 encourage the reuse of previously developed land and bearing in mind the sitersquos location within an existing settlement and a primarily residential area it is considered that the principle of residential development is acceptable

722 Easton on the Hill is classified as a lsquoCategory A Network Villagersquo in the Rural North Oundle and Thrapston Plan where there is scope for windfall development providing the development satisfies other criterias set in Policy 2 in terms of scale siting design has a satisfactory means of access and does not adversely affect the surrounding environment

723 Furthermore the principle of residential development to the rear of the properties along Westfields is already established by the recent development granted for 10 housing units to the rear of Nos9 to 21 Westfields under reference EN0800284FUL on 11062008 Therefore providing the development satisfies all other planning considerations (as listed above) it would be difficult for the Council to resist the development

73 Visual Impact

731 The application is in outline full details of the external appearance of the dwellings including their size positions and layout would be subject to a separate application and would be considered at the Reserved Matter stage

732 Whilst the application is in outline a layout plan has been submitted to provide an indicative illustration of the layout of the development and information has been provided by the agent to confirm the maximum scale parameters of the dwellings

733 In terms of layout it is considered that a housing scheme can be accommodated without detracting from the grain of surrounding development This is given that that the properties along Westfield follow a vertical pattern of development and the properties along The Crescent (to the west of the site) follow a horizontal pattern of development In addition whilst the properties along Westfields (that back onto the site) are located on more spacious plots and have longer and larger rear gardens the gardens of the properties along Western Avenue and some of those along The Crescent have much shorter and smaller gardens Given the surrounding mixture of garden layout and sizes it is considered that the development can potentially be accommodated without resulting detriment to the surrounding pattern of development and can be laid out without appearing too cramped

734 In terms of the height of the development a two-storey house measures approximately 8 metres in height to the ridge and the maximum height specified for the dwellings is between 85 to 10 metres in height The proposal is to have two-storey housing development with second floor accommodation provided in the roof and the maximum eaves height parameters of 50 to 55 metres stated by the agent would reflect this Given that the surrounding development is mainly two-storeys high and the fact that the dwellings would be barely visible from the main road it is considered that there will be no significant visual impact from this proposal

Development Control Committee 90 of 100 Date printed 9 November 2011

735 Based on the submitted information it is considered that the dwellings can be accommodated on this site without resulting harm to the character and appearance of the area A condition to require that the dwellings be two-storeys high and have a maximum ridge height of 100 metres (55 to the eaves) however is recommended in the interests of the character and appearance of the area to preserve neighbour amenity and to ensure that the development is carried out in accordance with the submitted proposals

736 Comments were received from neighbours raising concerns that the development would result in the loss of valuable open green space which lies to the rear of the properties The site currently forms the private rear gardens of Nos31 and 33 Westfields and given that this space is mostly concealed away and is not visible from public viewpoints it is considered that this space does not offer sufficient amenity value and therefore there is insufficient justification for the Council to prevent development on the site

74 Neighbouring Amenity

741 The submitted indicative layout plan demonstrates that the dwellings can be positioned within the site without resulting in an undue overbearing overshadowing or overlooking effect upon the occupiers in the residential properties nearest to the site including numbers 31 and 33 Westfields numbers 1 3 17 19 21 23 The Crescent and numbers 38 36 and 34 and 32 Western Avenue

742 The neighbouring buildings numbers 31 and 33 Westfields are positioned over 20 metres away from the northern boundary of the site Numbers 13 17 19 21 23 The Crescent are positioned approximately 28 metres away from the western boundary of the site and numbers 38 36 and 34 are positioned 20m metres away from the southern boundary of the site Whilst No32 Western Avenue is positioned approximately 14 metres away from the boundary of the application site this neighbouring property and rear garden area are positioned at an oblique angle to the site In addition the building shown south of Plot 3 on the submitted plan is a single-storey garage with openings in the eastern side

743 Whilst the exact positions of the proposed dwellings are unknown in this application for outline planning permission the dwellings are likely to be positioned within the site away from the boundaries and this is likely to further increase the front-to-front or back-to-back distance between the dwellings erected on the site and the existing surrounding houses A front-to-front or back-to-back distance of between 17 and 20 metres is normally sufficient to prevent any significant overlooking overbearing or overshadowing between buildings and would be sufficient in this case given the levels are relatively consistent within the site and with the surrounding properties

744 In terms of the impact on No32 Western Avenue the indicative position of Plot 4 shown on the submitted layout plan would demonstrate that a dwelling can be positioned at a minimum distance of 18 metres away from the rear of No32 Western Avenue Whilst this distance and the oblique angle between the Plot and the neighbouring property is sufficient to prevent undue overlooking and overbearing between the properties this distance can be extended if Plot 4 is positioned further within the site and is a matter than can be considered in the Reserved Matters

745 In terms of the impact on the garage located at the rear of No38 Western Avenue given that this building is single-storey in height no more overshadowing or overbearing impact is likely to result on this building than if 20 metre high fencing is erected along the boundary Furthermore adequate boundary screening would help to preserve the privacy of the neighbourrsquos garden

Development Control Committee 91 of 100 Date printed 9 November 2011

746 All other surrounding dwellings will be positioned further away and will be remain sufficiently physically removed and hence will not be adversely affected

747 Whilst some neighbours along Western Avenue have raised concerns that the boundary screening to the southern boundary of the site are inaccurately shown on the submitted drawing full details of boundary screening a survey of existing trees and landscaping can be requested by condition and this is a matter that can be considered at the Reserved Matters Therefore conditions have been recommended accordingly

748 In addition concerns have been raised by neighbours that the proposed access would result in undue noise disturbance due to increase in vehicular movements and intensification of use of the site The properties located immediately adjacent to the access are No1 The Crescent and No33 Westfields Given that the access is already in use by the occupants at No33 Westfields and the nature of the proposed development (for residential use of four units) it is considered that there are unlikely to be significant noise issues from this proposal and any noise resulting from traffic during development is likely to be temporary

749 Overall the impact on neighbouring amenities is considered insufficient to warrant the refusal of planning permission on this outline planning application

75 Highway Impact

751 Concerns were raised by local residents about the impact of the development upon highway safety The concerns primarily relate to the cumulative impact of the development with the existing traffic and parking associated with the local recreational ground allotments farm track local shop the scheme already approved for the 10 dwellings on the site nearby the location of the access to the bend and the access and turning arrangements to and within the site which were described to be narrow and inadequate In particular surrounding residents were concerned about the safety of pedestrian users including school children

752 Again Members are reminded that precise details of the vehicular access is a matter reserved for consideration as part of the Reserved Matters application all that needs to be considered in this outline application is whether the applicant has satisfactorily demonstrated that a vehicular access can be accommodated within the site to serve the proposed development to the Highway Authority standards

753 The Local Highway Authority (NCC) would usually require a shared access to measure 45 metres to allow emerging drivers to pass without conflict and the indicative layout plan shows that a shared access can be accommodated within the site which meets the NCC standards In addition the Local Highway Authority has advised that in order for an access to be acceptable in the location shown pedestrian visibility splays of 20 metres x 20 metres would need to be provided on both sides of the access and in terms of vehicular visibility splays sight lines of at least 430 metres x 430 metres (measured 20 metres back along the centre line of the proposed junction) would be required

754 Following the Highway Authorityrsquos concerns that the western side of the access had been detailed incorrectly (as this falls outside of the applicantrsquos ownership) revised details have been submitted to show visibility splays which falls within the site boundary In addition the vehicular visibility splay in the westerly directly has been extended to 450 metres to improve visibility in that direction for on-coming vehicles

Development Control Committee 92 of 100 Date printed 9 November 2011

755 Overall the Local Highway Authority has no objections to the proposal and is satisfied that a vehicular access can be provided within the site that would meet the NCC requirements In terms of conditions the Local Highway Authority has requested conditions to require (1) details be submitted to show the surface water side inlet gully relocated and installed a minimum of 10m sideway clearance from the shared vehicular access to point of discharge (2) adequate surface water drainage be provided to prevent the unregulated discharge of water onto the highway (3) that the first 50 metres of the vehicular access be hard surfaced and (4) that the first five metres of the access remains un-gated Such conditions and conditions on visibility are recommended accordingly in the interest of maintaining the safety of pedestrians and the safety of other highway users

756 The Highway Officer has considered the Traffic Survey submitted with the application and has advised that a survey of vehicular movements outside of busy hours is necessary for the collection of data which is intended to monitor the maximum speed of traffic In particular the Officer comments ldquoStopping Sight Distances is determined by the 85tile speed of traffic which determines the minimum distance emerging drivers are required to be available to assist whilst emerging from the shared driveway Noting the horizontal alignment and parked vehicles within the street the submitted data would appear to be appropriate for this particular layoutrdquo To summarise the Officer has taken into account the speed of traffic and the minimum distance necessary for vehicles exiting in this location to see on-coming traffic and noting the parking layout of vehicles along the street the submitted Traffic Survey would appear to be appropriate

757 In addition the Highway Officer was requested to consider whether roadway improvement works would be necessary for the section of road which runs between Westfields and The Crescent On this matter the Highway Officer advised that ldquoWith the proposed development of 4 dwellings I would not anticipate off site accommodation works although the applicant may wish to promote the change of priority to assist with reducing the traffic speed even further This in turn may help with the overall flow of traffic throughout the complete 24hour periodrdquo Overall the Highway Officer does not consider that the proposed development would have an adverse affect on the surrounding roads to the extent that would justify highway improvements and therefore it would appear unreasonable for the Council to request for these improvements This is given the overall scale and nature of the development

758 In terms of parking many of the properties along Westfields have off-road parking provided within the front garden curtilage In addition on-street parking is available in between vehicular access points along the street The proposed development comprising of four detached residential units is likely to generate the need for approximately 8 parking spaces (2 parking spaces per unit) The indicative layout shows single garage parking and driveways which allow parking for two vehicles to serve each property As the indicative layout has demonstrated that approximately 12 off-road parking spaces can be provided to serve the development (3 parking spaces per unit) it is considered that overall the submitted information has demonstrated that sufficient parking can be provided

759 The application site lies approximately 130 metres away from the scheme of 10 residential units granted on land to the rear of Nos9 to 21 Westfields Whilst both developments are located along Westfields they are located some distance away from each other and have different access arrangements Overall it is considered that each development would have to be considered individually in terms of its highway impact and on its own merits

Development Control Committee 93 of 100 Date printed 9 November 2011

7510 Overall it is considered that there will be no significant highway impact from this proposal and the impact on highway safety is insufficient to justify a refusal of planning permission on this application

76 Access for Emergency Vehicles and Refuse Storage and Collection

761 The indicative layout plan shows a shared access which meets the Local Highway Authority standards and this would sufficiently demonstrate that emergency vehicles would be able to gain access to the site

762 In terms of refuse collection the Local Highway Authority had initially commented that they would not wish to see refuse stored at the front of the site that would obstruct the vehicular access or public highway In response to the Local Highway Authorityrsquos concerns the amended drawings now show a section of the first 10 metres of the vehicular access widened to measure 58 metres in width and this would demonstrate that sufficient space can be provided at the front of the site for the storage of bins before collection without resulting obstruction to the access drive or public pavement

763 Due to the distance of the properties to the highway (some 70 metres) this means that the future occupiers would have to move their refuse to the front of the site near Westfields for collection ENC Waste Management would not be able to collect waste directly from the site as the distance recommended by ENC Waste Management for Waste Crews to travel to collect waste must not exceed 25 metres and the recommended distance for residents to travel to use bin stores should not be more than 30 metres Overall it is considered that the proposed refuse collection arrangements would be insufficient to justify the refusal of planning permission on this application

77 Drainage and Sewerage

771 Concerns were raised by some of the surrounding residents that the development would add strain on the existing drainage and sewerage systems and that the area experiences a low pressure problem Building Control and Environmental Protection were consulted on this matter and they have responded as follows

772 Building Control has advised that they were not aware of any drainage issues in the area In terms of the cumulative impact of the development with the development already granted for the 10 units on land to rear of Nos7 to 21 Westfields it is for the developer to liaise with Anglian Water to provide adequate drainage and sewerage facilities to serve the development and this may involve upgradingimproving the existing systems

773 Environmental Protection advises that they have checked through their records relating to drainage in the local area Whilst there have been some problems at individual properties ie where there have been breaks in pipes due to rats and problem with a blocked shared drain works were carried out by Anglian Water and the file was closed in March this year

774 Overall there are no apparent issues that would justify the refusal of planning permission However in order to ensure that satisfactory drainage systems are provided to serve the development a condition to require the submission of drainage details together with the other Reserved Matters details is recommended

78 Housing need in Easton on the Hill and whether existing local services would cope with demand

Development Control Committee 94 of 100 Date printed 9 November 2011

781 Housing Strategy has advised that there are approximately 500 houses in Easton on the Hill of which 82 are deemed affordable (14 are shared ownership and 68 are rented) For a development site of less than 028 hectares it is likely that market housing made up of smaller units would be needed ldquoThe Strategic Housing Market Assessment (SHMA) indicates that the need in the Fineshade Ward is for smaller dwellings which I would interpret as two bedroom properties Fineshade has in fact got one of the highest levels of under occupancy in the District which indicates that there are a lot of larger dwellings in the wardrdquo

782 Whilst the Housing Market Assessment suggests that there is a need for smaller units and Housing Strategy has suggested that bungalows would be a more appropriate type of housing for the local area it is considered that the proposed development comprising of medium sized detached units would be more in-keeping with the layout of housing and tenure found in the local area Overall it is considered that the lack of need for medium sizedlarger units would be insufficient to justify the refusal of planning permission on this application

782 Residents express concern that the development would increase demand on local services The number of dwellings proposed and size of the site falls below the threshold set out in our SPD in respect of developer contributions

79 Impact on nature and conservation

791 Whilst the proposal involves demolition of the existing garage located to the side of No33 Westfields this is a domestic garage that has been in use and therefore there are unlikely to be any bats or birds to be affected

710 Impact on trees

7101 Most of the vegetation bordering the site to the southern eastern and western boundaries consists of a mixture of trees and shrubs In particular a row of conifers lie along the northern part of the western boundary of the site and these are situated within the garden of the neighbouring property No1 The Crescent In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the main boundaries of the site conditions requiring the submission of tree protection details and Arboricultural Method Statement details are recommended

7102 Whilst a few trees can be found located within the site these offer limited amenity value to the wider surrounding area Subject to most of the trees located along the main boundaries of the site being retained and that a landscaping scheme is provided it is considered that this would help to assimilate the development into the surrounding area and help to preserve neighbour amenity

8 Other issues

81 Amenity space -The submitted indicative layout would show that adequate amenity space could be provided to serve the dwellings In addition sufficient amounts of rear garden area would be left for the original properties Nos33 and 31 Westfields

82 Withdrawal of permitted development rights ndash In order to safeguard the amenity of the future occupiers of the dwellings and ensure the dwellings would not be unacceptably altered in the future (particularly in the roof) and to avoid detriment to the character and appearance of the area it is recommended that Class A B and C permitted development rights (relating to extensions and roof alterations) be withdrawn from the properties

Development Control Committee 95 of 100 Date printed 9 November 2011

83 Crime and Disorder - this application does not raise any significant issues as there would be mutual overlooking between the dwellings within the site and surrounding the site A condition however to require details of a scheme of lighting to be submitted is recommended to ensure that the access driveway is appropriately lit in the evenings

84 Access for Disabled ndash the buildings would not be subject to any public access and therefore does not raise any significant issues

9 Recommendation

91 That the application be GRANTED subject to the following conditions

10 ConditionsReasons -

1Approval of the details of the access siting scale and appearance of the building(s) and the landscaping of the site (hereinafter called ldquothe reserved mattersrdquo) shall be obtained from the local planning authority in writing before the development is commenced

Reason The application is in outline only and the reserved matters referred to will require full consideration by the Local Planning Authority

2Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

3The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

4The details required to be submitted by condition No 1 shall include the provision of boundary screening to the site This shall include details indicating the positions height design materials and type of boundary treatment to be erected This boundary screening shall then be provided in accordance with the details so approved before the development is brought into use and shall be retained thereafter in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

5The dwellings hereby approved shall be limited to a maximum height of two storeys only with rooms in the roof in accordance with the principles of the submitted design and access statement received on 20th July 2009 and agent email received on 26th October 2009 and shall have ridge heights not exceeding 100 metres and eave heights not exceeding 55 metres

Reason In the interests of the character and appearance of the street scene and amenities of the neighbouring occupiers

Development Control Committee 96 of 100 Date printed 9 November 2011

6The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include drawings showing the slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall there after be constructed in accordance with the details so approved in writing by the local planning authority unless otherwise agreed in writing by the Local Planning Authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

7Before commencement of development details and samples of the external materials to be used for the construction of the dwellings shall have been submitted to and be approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

8The details required to be submitted by Condition No 1 hereof shall include the provision of foul water and surface water drainage installations to serve the development proposed

Reason To safeguard public health and ensure that satisfactory foul and surface water drainage provisions are provided to serve the development

9The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include vehicular access details and pedestrian visibility splays of 20m x 20m and vehicular visibility splays of 430m x 430 metres (measured from a point 20 metres back along the centre line of the proposed junction) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

10 Before commencement of development details shall be submitted to the Local Planning Authority to show the relocation and installation of the surface water side inlet gully and the gully shall have a minimum of 10m sideway clearance from the shared heavy duty vehicle access to the point of discharge The development shall thereafter be implemented in accordance with the details so approved in writing unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of highway safety

11Adequate surface water drainage system shall be provided to prevent the unregulated discharge of water onto the highway boundary and these measures shall be implemented before the development is brought into use

Reason In the interest of highway safety

12Before the development hereby permitted is commenced details of the construction and surfacing of the vehicular access to the public highway parking facilities and all other hard-surfaced areas within the site shall have been submitted to and approved by the local planning authority These facilities shall then be provided in accordance with the approved details before the first occupation of the development

Reason In the interest of highway safety and visual amenity

Development Control Committee 97 of 100 Date printed 9 November 2011

13The vehicular access shall have a gradient not exceeding 1 in 15 for a distance of 50 metres back from the correct level at the highway boundary Prior to the first occupation of the development hereby permitted this area shall be paved with a hard bound surface for a minimum of 50 metres back from the highway boundary and be thereafter retained

Reason In the interest of highway safety

14Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) any gates or other form of barrier provided at the access point shall be positioned 50 metres back from the highway boundary and shall be hung to open inwards only

Reason In the interest of highway safety

15The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include a scheme of landscaping for the site The details shall include a plan at not less than 1500 showing the position species canopy spread and height of all trees within and adjacent to the site indicating those to be retained and those proposed for felling and planting The development shall thereafter be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development

Reason To ensure a reasonable standard of development and to avoid detriment to the amenity of the area

16Before commencement of development protection details for the on-site trees in particular the trees located along the western southern and eastern boundary of the site shall be submitted to and be approved in writing by the local planning authority These details shall be in accordance with BS58372005 and the development shall be implemented in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

17Before commencement of development an Arboricultural Method Statement shall be submitted to and be approved in writing by the local planning authority This statement shall be in accordance with BS58372005 and the development shall be carried out in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

18Prior to the commencement of the development hereby permitted details of a scheme of lighting for the site shall be submitted to and approved by the local planning authority and the scheme shall thereafter be implemented and retained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To minimize the opportunities for crime and fear for crime

19Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any Order amending or re-enacting that Order with or without modification) there shall be no development within Classes A B or C of Part 1 of Schedule 2 to that Order without the prior written approval of the Local Planning Authority

Development Control Committee 98 of 100 Date printed 9 November 2011

Reason To protect the amenity of adjacent occupiers to ensure a satisfactory elevational appearance for the development and ensure the development would not detract from the character and appearance of the area

20Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy shall be submitted to and be agreed in writing by the Local Planning Authority to demonstrate that the development would meet requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

Informatives

1 The drawings to which this decision relates are as follows

Site location plan scale 12500 shown on drawing number SAS71902 and existing site plan drawing number SAS71901 received on 20th July 2009 drawing number SAS71902 Revision A received on 16th September 2009 Design and Access Statement received 20th July 2009 Sustainability Appraisal and Energy Statement received on 31st July 2009 Scott Architectural amp Interior Services letter received 16th September 2009 and Scott Architectural email received 26th October 2009

2 The reason for the above decision is because the development proposed accords with the Development Plan and other material considerations as required by Section 38(6) of the Planning and Compulsory Purchase Act 2004 In particular with

National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

Development Control Committee 99 of 100 Date printed 9 November 2011

Rural North Oundle and Thrapston Plan (Emerging Policy) Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

Supplementary Planning Guidance Parking SPG March 2003

Planning Out Crime in Northamptonshire Feb 2004

Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008Design SPD March 2009

Development Control Committee 100 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 27 October 2011

Case Officer Susan Scott EN1101109FUL

Date received Date valid Overall Expiry Ward Parish 18 July 2011 29 July 2011 23 September 2011

Rushden Spencer Rushden

Applicant Mr K Cheng

Agent Brian Barber Associates

Location 110 Higham Road Rushden Northamptonshire NN10 6DF

Proposal Change of use from A1 (shop) to A5 (hot food takeaway) and alteration of shop front (Resubmission of 1001481FUL)

The application has been brought to Committee following an objection from Rushden Town Council and as a previous application for a hot food takeaway at the site had been refused by Members

1 Summary of Recommendation

11 That permission be REFUSED

2 The Proposal

21 The application proposes a change of use to part of the ground floor from A1 retail to A5 (hot food takeaway) The application is a resubmission of EN1001481FUL where a decision to refuse was made at the Development Control Committee on 10 November 2011 Following a subsequent appeal which was dismissed the applicant has supplied details for an alternative odour extraction system A copy of both the Inspectors appeal decision and costs decision are attached

22 Residential use is proposed to the rear and to the first floor

23 The proposed customer service area and associated cooking area would measure 70 square metres in total and would be located to the front of the property in the location presently occupied by the retail area The 70 square metres would be formed from the present 38 square metres of the existing retail area with the addition of 32 square metres of the existing residential area There would be no change to the existing footprint at the front of the premises but the access door would be moved slightly to accommodate a ramped access

24 The proposed opening hours are from 11am to 2pm and 5pm to 10pm Monday to Friday and 11am to 10pm during weekends and Bank Holidays

3 The Site and Surroundings

31 The site is a detached two storey property located at the junction of Prospect Avenue and Higham Road Rushden Higham Road was the main A6 trunk road prior to the opening of the Higham Ferrers and Rushden bypass It is still a major route between both towns

Development Control Committee 2 of 100 Date printed 9 November 2011

32 The property has an existing A1 retail class use with associated residential use to the rear and first floor The shop closed approximately two years ago and the property has been secured and vacated

33 The site is surrounded by residential premises to all sides To the opposite side of the road and slightly to the south of the site is Kilburn Place which provides sheltered accommodation for the elderly

34 Immediately adjacent to and opposite the site on Higham Road are bus stops which are for services between Rushden and Kettering Raunds and Northampton and the local Higham Hoppa service On alternate journeys the Higham Hoppa also travels along Prospect Avenue using the junction adjacent to the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1 ndash Delivering Sustainable Development PPS4 ndash Planning for Sustainable Economic Growth PPS23 - Planning and Pollution Control PPG24 ndash Planning and Noise

42 Planning for Growth - Ministerial Statement March 2011

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 9 ndash Distribution and Location of Development Policy 13 ndash General Sustainable Development Principles

44 East Northamptonshire Local Plan 1996 No saved policies

45 Supplementary Planning Guidance NA

46 Other Documents Highway Standing Advice for Planning Authorities Working Draft July 2008 Three Towns Preferred Options Rushden Higham Ferrers and Irthlingborough

5 Relevant Planning History

51 EN1000861FUL Change of use from A1 to A5 (hot food takeaway) Withdrawn 30062010

52 EN1001481FULL Change of use from A1 to A5 (hot food takeaway) Refused 07122010

Grounds for refusal were highway safety crime and disorder and health

53 APPG2815A112143857 Appeal against refusal Appeal dismissed 7062011 with partial costs awarded against the Council on both the crime and disorder and health reasons for refusal It was the Inspectors opinion that the Councils case on both issues comprised of vague generalised assertions which were not properly supported by objective analysis

6 Consultations and Representations

61 Neighbours

Development Control Committee 3 of 100 Date printed 9 November 2011

611 Resubmission of the petition with 501 signatories opposing the previous application (EN1001481FUL) on the following grounds

ldquoWe the residents are fighting against having another Fish and ChipChinese takeaway in your area which is 5 minutes walk away in High Street Higham Ferrers We already have 21 Takeaways in Rushden and 6 in Higham Ferrers excluding Pubs and clubs also another 3 are planned The odours smells noise increased traffic and anti social behaviour will be a real problem from this businessrdquo

612 30 individual objectors most of whom are included in the petition Each objected for a variety of reasons and the numbers objecting for each reason are detailed below

bull Increase in litter ndash 21 objections bull Anti Social Behaviour ndash 21 objections bull Need for a further takeaway facility ndash 17 objections bull Highway safety ndash 19 objections bull Parking problems ndash 19 objections bull Cooking odour ndash 22 objections bull Attraction of vermin ndash 5 objections bull Noise ndash 17 objections bull Development unsuitable for a residential area ndash 12 objections bull Contrary to policy ndash 2 objections bull Contrary to the Local Area Agreement 1 objection bull Health of schoolchildren and public in general ndash 14 objections bull Localism - 1 objection bull Inconsistencies in application form ndash 1 objection bull Property is at risk of subsidence ndash 1 objection bull Increased fire risk - 1 objection bull Safety of public due to reduced street lighting - 2 objections bull No economic benefit - 2 objections bull Loss of property values - 2 objections bull Why has a further application been allowed - 11 objections bull Trees on site - 1 objection

613 In addition to the copy of the petition submitted against the previous application the following copy documents from the residents appeal statement were received

bull Survey of takeaways cafes pubs and clubs in Rushden and Higham Ferrers bull Letter from NHS Primary Care Trust dated 28 September 2010 regarding the

Northamptonshire Healthy Weight Healthy Lives Strategy and its specific focus on children and young people to combat obesity

bull Appeal Statement dated March 2011 bull Details of R(on the application of Copeland) v Tower Hamlets London Borough Council

judicial review whereby the grant of planning permission for a hot food takeaway within close proximity to a school was quashed

bull Traffic survey taken between 8am and 8pm on Tuesday 8 February 2011 bull Letter from the Ferrers Specialist Arts College dated 2 September 2010 supporting the

residents objection to the proposal bull Ferrers Specialist Arts College Years 11 12 and 13 questionnaire results regarding hot

food takeaway usage

614 Other copy documents were submitted as follows

bull Northamptonshire Police appeal for witnesses to criminal damage to a wall in Higham Road on 13082011

bull Press release regarding Barking and Dagenham Councils success in winning an appeal against Dominos Pizza for a takeaway near a primary school

Development Control Committee 4 of 100 Date printed 9 November 2011

615 One objection giving a detailed analysis of the Inspectors decision requesting that Members not limit their decision to the Inspectors conclusions alone as any subsequent appeal would be considered entirely on its own merits and all evidence reconsidered

62 Rushden Town Council ndash Objection as the Members considered that the proposed change of use would cause an increase in traffic movements noise possible cooking smell and litter nuisance to residents within the area

Members felt that the estimated 50-100 preparations per day was unrealistic and that the proposed ventilation system would not be adequate to eliminate cooking smells from a residential area The Inspectors conclusions of 7 June 2011 remain relevant

63 Northamptonshire Police Crime Prevention Design Advisor ndash No formal objection but recommended that a condition be attached to any approval requiring provision and installation of public litter bins and that the proprietor must take some liability to clear any associated litter in the immediate vicinity Reminded the Council of the need to consider crime and disorder issues on all planning applications as described in PPS1 and Section 17 of the Crime and Disorder Act

64 Local Highway Authority ndash No objection in principle to the proposal The Highways Authority has provided detailed comments on the concerns of residents as regards parking and highway safety These matters are addressed at paragraph 74 Highway Impact Should approval be granted they recommend that the following condition should be imposed

ldquo Notwithstanding the submitted details prior to the commencement of development the following street furniture details shall be submitted to and approved in writing by the local planning authority-

bull The supply and installation of appropriate measures to prevent vehicle access and use whilst maintaining the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safetyrdquo

65 Environmental Protection ndash Initial objection as there was no update to the previous noise assessment An addendum to the previous assessment was deemed to be acceptable and was submitted on 10 October 2011 The addendum showed that there would be no adverse impact on nearby residents and therefore the objection was withdrawn

No objection on the grounds of noise nuisance providing conditions are placed on the planning permission to ensure the equipment stated in section 21 of the acoustic report is used

66 Environmental Health (Commercial) ndash No objection to the revised odour control measures Providing the system is installed according to the manufacturers specification and is regularly and properly maintained this should not give rise to a statutory nuisance by way of odour However the officer cannot state categorically that there will be a total absence of odour and therefore cannot comment upon the loss of amenity of the residents

67 Site notice posted

7 Evaluation

71 The following issues are relevant to the determination of this application

Development Control Committee 5 of 100 Date printed 9 November 2011

72 Principle of development

721 Both National and Local planning policy give priority to the use of previously developed land and buildings as is the case with this site

722 The site previously contained an A1 use however as the site is not within a primary shopping frontage there is no objection to the loss of this retail unit

723 The site however lies within what is predominantly a residential area and whilst PPS4 requires planning authorities to adopt a positive and constructive approach towards planning applications for economic development in determining whether the principle of development would be acceptable consideration needs to be given to the impact that the development would have on this residential area and how this differs from the existing A1 use

724 The statement issued by The Minister of State for Decentralisation on 23 March 2011 followed the commitment made by the Chancellor of the Exchequer in the Budget to publish an ambitious set of proposals to help rebuild Britains economy It was identified that the planning system had a key role in ensuring that sustainable development to support economic growth

725 The Ministerial Statement included an obligation for local planning authorities to ensure that they give appropriate weight to the need to support economic recovery and that applications that secure sustainable growth are treated favourably (consistent with policy PPS4) and that they can give clear reasons for their decisions

726 Policy 13 of the North Northamptonshire Core Spatial Strategy builds on these objectives to meet needs while protecting assets and the recommendation for refusal in this case is based on the core values of this policy

727 It is considered that the Ministerial Statement although having relevance to the application will not change the weight given to other material considerations relevant to this application

73 Visual impact

731 The proposed external changes to the building are the removal of the existing access door the provision of a new access door to the north elevation in Prospect Avenue the provision of an access ramp and the installation of a black painted external steel flue located adjacent to and to the same height as an existing chimney stack It is considered that the proposal would not result in a detrimental impact on the character and appearance of the street scene or the surrounding area

732 Should Members be minded to approve the application a condition could be imposed in relation to the appearance and the installation of the external ducting

74 Neighbouring Amenity

741 Unlike a retail use takeaways unless they are carefully controlled can result in noise and odour problems

742 Environmental Protection (Residential) have offered no objection The acoustic report submitted as part of the application demonstrates that the proposed development is unlikely to have any adverse impact on nearby residential premises They recommend that a condition is placed on the planning permission requiring that the extraction system referred to in paragraph 21 of the acoustic report is installed

Development Control Committee 6 of 100 Date printed 9 November 2011

743 Environmental Protection (Commercial) have offered no objection as regards odour providing that the electrostatic precipitator which would control odour levels is installed correctly and maintained in a manner recommended by the manufacturer

744 However when dismissing the appeal against the previous refusal the Inspector noted (paragraph 8) that Annex 1 of Planning Policy Statement 23 Planning and Pollution Control says statutory nuisance is not intended to secure a high level of amenity and nuisance does not equate to a loss of amenity Rather a significant loss of amenity will often occur even with a highly effective system The Inspector considered that the views of the EHO in relation to odour did not necessarily indicate that harm to the amenity of residents would not result from the proposal but was satisfied that any noise from inside the building or from the ventilation system would have no adverse affect

745 The Inspector was also of the opinion (paragraph 7) that given the close relationship of the site to the surrounding dwellings the nature of the food to be cooked and the character of the area that no condition attached to a grant of planning permission would ensure that a suitable ventilation system could be agreed

746 In view of the previous appeal decision the Inspectors comments and those of the EHO that they are unable to state categorically that there will be a total absence of odour the proposal has strong potential to detract unreasonably from the living conditions of the neighbouring residents by virtue of odours arising from the cooking process and therefore conflicts with Policy 13 of the North Northamptonshire Core Spatial Strategy

75 Highway Impact

751 The Local Highway Authority has no objection to the application as in its opinion the proposed takeaway would not significantly attract any more traffic flow than the existing A1 use

752 A large percentage of objections to the proposal refer to problems with on street parking in Prospect Avenue and the dangerous junction with Higham Road due to limited visibility and irresponsible parking

753 The Local Highway Authority has provided a detailed response on the highway safety and parking issues raised by local residents In summary the response states that the width of both Prospect Avenue and Higham Road allow some form of on-street parking although this is restricted by junctions and driveways To allow an emergency vehicle or bus to pass through easily would mean that cars could not be parked directly opposite each other Considerate parking to allow the safe movement of all road users is a requirement of the ldquoHighway Coderdquo

754 The original response was based on the opinion that both Prospect Avenue and Higham Road had a nominal width of 73 metres When this statement was challenged the Local Highway Authority accepted that Prospect Avenue had a width of 69 metres and the width of Higham Road varied No figures were given for this variation They therefore concluded that the roads did have a nominal width of 73 metres and made no change to the opinion that the highway authority had no objection to the proposal

755 The Highway Authority advise that consideration could be given in the future to imposing a ldquoTraffic Regulation Orderrdquo at the junction of Prospect Avenue and Higham Road This would allow the provision of double yellow lines which could then be subject to enforcement action by the appropriate authority This would already apply to the bus stops on either side of Higham Road

Development Control Committee 7 of 100 Date printed 9 November 2011

756 The Local Highway Authority has also provided figures relating to accidents classified as serious within the Department for Transport definition These figures were taken from statistics from 2001 to 2007 while the premises concerned was still operating as a shop and before the opening of the Rushden and Higham bypass The figures show two serious accidents within 100 metres of the junction and two more slightly outside the 100 metre radius

757 Since 21 September 2010 there have been no injury collisions recorded at or near to the junction of Higham Road and Prospect Avenue and only two damage only collisions For this reason the Local Highway Authority believes there is no reason for concern over the junctionrsquos history with regard to the application under consideration

758 The Local Highway Authority does however have concerns that inconsiderate drivers may park on the footway fronting the development site and should the application be approved has suggested the following condition ldquoNotwithstanding the submitted details prior to the commencement of the development the following details shall be submitted to and approved in writing by the local planning authority-

bull Measures to provide appropriate street furniture to prevent vehicle use whilst maintain the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safety

759 Although the Local Highways Authority has no objection to the application subject to condition they advise that the Local Planning Authority has to satisfy itself that there would be sufficient on-street parking to sustain the development

7510A large number of representations have highlighted the parking issues in Prospect Avenue particularly at the junction with Higham Road and the impact parking has on the free flow of traffic in and out of the Avenue This was particularly true when the previous retail unit was still open

7511Although the visibility splays on exiting Prospect Avenue into Higham Road are acceptable the Local Highways Authority do not consider the visibility on turning off the main road Located within the pavement on both sides of Prospect Avenue and near to the junction are two large trees the trunks of which do limit visibility along Prospect Avenue as you turn in Any vehicles parked close to the junction would cause vehicles entering or leaving the Avenue to drive in the middle of the road This fact along with the reduced visibility on entering Prospect Avenue is a cause for concern

7512There is a clear conflict of interest with a proposed facility that would inherently attract a level of private car travel to a site in a residential area that relies heavily on on-street parking The nature of a hot food takeaway requires that food is taken away to be eaten while still hot and despite what the Highway Authority says your officers view is that it is likely that the level of private car travel will be higher than for the previous retail use

7513Whilst accepting that the proposed use is likely to have some adverse impact on the highway network such impact would not warrant a refusal on the grounds of highway safety due to the remedial measures suggested by the Local Highway Authority

Development Control Committee 8 of 100 Date printed 9 November 2011

7514Highway safety was one of the reasons for refusal on the previous application The Inspector concluded that due to opportunities to park nearby the proposal would not have a material effect on highway safety when compared with the existing use as a shop and that the proposal would not conflict with Policy 13 of the Core Strategy Costs were not awarded against the Council on this reason for refusal as the Inspector believed the Council had not been unreasonable in its position However it would be unreasonable behaviour if the Council continued to argue that the proposal would impact on highway safety

76 Litter and Other Environmental Impact

761 Increased litter is a major concern of objectors along with the vermin which it may attract

762 Litter bins and recycling bins are to be made available on site although full details are not provided Provision of details could be controlled by condition if Members were minded to grant permission

763 The applicant states that there will be no trade effluents or waste As the proposal is for a fish and chip shop it would seem natural that there will be food waste including the parts of the fish which are not used if the fish are prepared on the premises and used cooking oil Should Members be minded to approve the application these are matters which could be controlled by condition

77 Crime and Disorder

771 Many local residents have raised concerns that the takeaway would result in crime and disorder issues Northamptonshire Police have advised that they have no evidence to suggest that the change of use will increase occurrences of anti-social behaviour in the area and that they have no formal objection to the application They recommend the addition of a condition requiring that the proprietor of the premise fund the installation of appropriately placed public litter bins and take liability to clear any associated litter lying around in the immediate vicinity

772 As Northamptonshire Police have raised no objection to the proposal and would be the authority responsible should issues arise it is considered that the application would be difficult to refuse on grounds of crime and disorder Northamptonshire Police have also been consulted by Northamptonshire County Council regarding the switching off of the adjacent street lighting

773 In the determination of the previous application one reason for refusal agreed by Members was the likelihood of an increase in and the fear of crime and disorder In his appeal decision the Inspector stated that there was no evidential basis to show an expected increase in crime and disorder in connection with the change of use and that the fear of crime did not demonstrate a conflict with Policy 13 if the Core Strategy Costs were awarded against the Council as significant weight had been placed on the concerns of the public rather than valid planning reasons (paragraph 5)

78 Proximity to local schools

781 Many local residents have raised concerns about the possibility of a takeaway being opened at a site which lies between the two local secondary schools and on a route that schoolchildren will take Their concerns are that pupils from both the Ferrers Specialist Arts College and the Rushden Community College will have easy access to unhealthy food

Development Control Committee 9 of 100 Date printed 9 November 2011

782 In June 2010 the High Court quashed a decision taken on an application for a takeaway close to a school [ R (on the application of Copeland) v Tower Hamlets London Borough Council] The facts of the case were that Tower Hamlets had approved an application for a hot food takeaway within 500 yards (457 metres) of the entrance to a local school The Judge ruled that the Councillors had been wrongly informed that they could not take the proximity of the school into account as a material consideration The Judges view was that the healthy eating policy of the school should have been considered by the Council

783 The case does not mean that applications for takeaways close to schools should automatically be refused What it made clear however is that the proximity of a takeaway to a school is a material consideration Members need to consider the weight to apply to this consideration

784 One further reason for refusal of the previous application was that it was contrary to Policy 13 of the Core Strategy which states that development should be designed to promote healthier lifestyles The Inspector concluded that although the proximity to the school and the health of pupils was a material consideration the numbers of pupils taking advantage of the proposal would not be significant as to warrant refusal Costs were awarded against the Council as to carry significant weight such concerns should be founded on valid planning reasons supported by substantial evidence It was the Inspectors opinion that such evidence had not been forthcoming (paragraph 5)

785 As alternative existing takeaways with similar or longer opening hours are available locally overall it is considered that the proximity to the school and the health of the public would not warrant a refusal of planning permission

79 Public Opposition

791 Public opposition can be a material consideration even if it is found to be unjustified It remains a matter for the decision maker to asses the weight to be applied Fears and concerns by members of the public may constitute a material consideration if they relate to a matter which in itself is material or they are objectively justified However where public concern is baseless such concern should not influence any decision to an unreasonable degree

792 The public opposition in the case includes concerns about all of the material considerations above principle of development visual impact neighbouring amenity highway impact litter and environmental impact crime and disorder and proximity to local schools The public opposition is therefore itself a material consideration However for reasons set out in this report officers views are that these concerns would not warrant a refusal of planning permission

8 Other issues

81 Access for the Disabled ndash The proposal incorporates a ramped access to the serving area Therefore this application does not raise any significant issues which cannot be controlled through Building Regulations

82 The Local Area Agreement (LAA) is not an adopted Development Plan Document (DPD) Northamptonshires LAA forms part of the action plan for delivering the Sustainable Communities Strategy priorities One such priority is to help residents to make choices that improve their health and wellbeing However the LAA forms only part of the Community Strategy priorities and lies outside the area of wider planning policy The Northamptonshire NHS Healthy Weight Healthy Lives Strategy 2010-2014 and the Schools Healthy Eating Policies have already been taken into account when considering the proximity of the takeaway to the local schools and it is the officers view that the LAA would not add any further weight to warrant a refusal

Development Control Committee 10 of 100 Date printed 9 November 2011

83 The need for this type of business is not in itself a material consideration There is no adopted Development Plan Policy which seeks to limit the number of takeaways in this particular area

84 The issue of subsidence at the site is not a material planning consideration

85 Fire safety precautions would be subject to Building Regulations

86 Localism It is the clear intention of the government to reform the planning system to give local people more influence over their lives However the Localism Bill is still working its way through Parliament and may be subject to change before it becomes law and should be given limited weight

87 Repeat applications The criteria for acceptance of planning applications for similar development at a specific site are provided in Part 4 of the Planning and Compulsory Purchase Act 2004 Guidance is given in ODPM Circular 082005 Powers to decline to determine an application extend only to two refusals by the local planning authority within the last two years The Circular also states that if an application has been revised in a genuine attempt to take account of objections to an earlier proposal then it should be determined The current application has been submitted taking into account the Inspectors reason for refusal

9 Recommendation

91 That the application be REFUSED for the following reason

10 ConditionsReasons -

1 The proposed development due to the close relationship of the site to the surrounding dwellings by reasons of smell and odour would give rise to a significant loss of amenity for neighbouring dwellings The application is therefore considered to be contrary to Policy 13 (l) of the North Northamptonshire Core Spatial Strategy which states that development should not result in an unacceptable impact on the amenities of neighbouring properties and the wider area by reason of noise vibration smell light or other pollution loss of light or overlooking

Informatives

1 The drawings to which this decision relates are as follows Drawing nos 1 and A100 received by the Local Planning Authority on 18 July 2011

Development Control Committee 11 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 28 October 2011

Case Officer Samantha Hammonds EN1100700OUT

Date received Date valid 9 May 2011 15 June 2011

Windmill Raunds

Overall Expiry Ward Parish 14 September 2011 Raunds

Applicant Roxhil Warth Ltd And Robert How - Mr M Eckershall

Agent Mr David Shaw

Location Phase 2 Warth Park Way Raunds Northamptonshire

Proposal Outline Demolition of existing buildings development of employment park including A345 B1b and c B8 C1 Di and D2 uses together with access parking areas and open space (all matters reserved except for access)

1 Summary of recommendation

11 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

2 The proposal

21 This is an outline application for development of an employment park including A345 B1b and c B8 C1 D1 and D2 uses together with access parking areas and open space to make way for the proposed development the existing Scalley Farm would be demolished Only access is up for consideration at this stage all other matters are reserved for later consideration

22 Indicative plans have been submitted that show how the site could be developed These plans show a cluster of leisure uses including a hotel health and fitness unit two family pubs a family restaurant and a creche forming a gateway to the development and to Raunds itself by reason of their position on the northern corner of the site adjacent to the A45 roundabout and opposite the football club West of this leisure gateway would be a cluster of small B1b and c business units which could be for research and development laboratories or light industry and these would be situated immediately north of the existing Wiseman Dairies building A new estate road would run between the business and leisure clusters leading in an arc to three large B8 warehouse units and their associated parking Beyond these in the western corner and north western edge of the site would be an area of landscaped public open space and sustainable urban drainage systems A public footpath and cycleway would meander through the public open space joining up with the end of the Meadow Lane bridleway

23 The indicative breakdown of uses that has been put forward in the application (Transport Assessment and Sequential Impact Assessment) is as follows

Development Control Committee 12 of 100 Date printed 9 November 2011

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

24 The following reports and information accompanied the application bull Environmental Statement bull Design amp Access Statement bull Sustainability Statement bull Transport Assessment bull Framework Travel Plan bull PPS4 Sequential and Impact Statement bull Outline Waste Management Plan bull Ground Investigation Reports bull Statement of Community Involvement bull Flood Risk Assessment

25 During the course of the applications revisions were made to the masterplan road layout Flood Risk Assessment the Travel Plan the Archaeological Investigation Ecological Surveys Sequential and Impact Assessment and additional photomontages were produced A full re-consultation on these amendments was initiated on 29 September 2011

26 As the proposal is for a major out of centre development and includes leisure uses the application will need to be referred to the Secretary of State before permission can be granted

3 Site and Surroundings

31 The site is situated to the north west of the settlement of Raunds and is currently agricultural land occupied by a farmstead known as Scalley Farm The site forms a large triangle of land to the north and west of the existing Warth Park development bound to the south by Meadow Lane to the north west by the A45 and to the east by London Road Open countryside surrounds the site in all directions except to the east where the site abuts the built edge of Raunds and its associated mix of employment leisure and residential uses

32 The site is effectively a valley slope with its south eastern end situated on a ridge before sloping down towards the north west and the A45 Beyond the site boundary and the A45 the valley continues to slope downwards towards Stanwick Lakes and the River Nene

33 The Upper Nene Valley Gravel Pits Site of Special Scientific Interest (SSSI) and the Special Protection Area (SPA) is situated some 200m to the north east of the site on the opposite side of the A45 This area also accommodates two former medieval settlements which are historic monuments of special archaeological interest

34 Whilst part of the application site is situated in the parish of Ringstead the village of Ringstead is some distance away from the proposal

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development

PPS4 ndash Planning for Sustainable Economic Growth (and Practice Guide) PPS7 ndash Sustainable development in rural areas

Development Control Committee 13 of 100 Date printed 9 November 2011

PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

PPS22 ndash Renewable Energy PPG24 ndash Planning and Noise

PPS25 ndash Development and Flood Risk

42 Regional Spatial Strategy for the East Midlands (RSS8) Policy 1 - Regional Core Objectives Policy 2 - Promoting Better Design Policy 11 - Development in the Southern Sub-Area Policy 18 - Regional Priorities for the Economy Policy 20 - Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 22 - Regional Priorities for Town Centres and Retail Development

43 East Northamptonshire Local Plan 1996 Saved Policy GEN3 ndash Planning Obligations

44 North Northamptonshire Core Spatial Strategy Policy 1- Strengthening the Network of Settlements Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution amp Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

45 Supplementary Planning Guidance Planning out crime Parking Sustainable Design Biodiversity

46 Other documents HM Treasury Plan for Growth (March 2011)

Draft National Planning Policy Framework (July 2011) East Northamptonshire Employment Land Review (ELR) December 2006 Northamptonshire Strategic Employment Land Assessment (SELA) November 2009

Raunds Masterplan Raunds Area Preferred Options

5 Relevant Planning History

51 0200025FUL - Use for B1 business B2 industrial and B8 warehousedistribution Permitted March 2003

52 0300564OUT - Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted

53 0600904RWL - Renewal of 0300564OUT Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted July 2006

54 0701304REM - Approval of reserved matters for a single industrial warehouse building Permitted September 2007

55 The above consents in as far as they relate to the application site have expired and can no longer be implemented

6 Consultations and Representations

61 Responses from residents and neighbours

Development Control Committee 14 of 100 Date printed 9 November 2011

611 10 objections were received from local residents of Raunds and Stanwick

LANDSCAPE AND VISUAL bull Worried about loss of countryside bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Impact on visual amenity of the district It will be seen for miles around including views

to and from Stanwick Lakes This sort of development should be out of view not on the skyline

bull More landscaping is needed to hide the big sheds along the Meadow Lane boundary bull More attention is needed to bunding screening and landscaping using mature trees bull Can we insist on darker cladding like the GEM building at the entrance to Warth Park

as this greatly reduces the visual impact a short distance away bull Photomontages are misleading as they are taken from a long distance bull To extend the existing Warth Park development as proposed would be a mistake as it

would be a blot on the landscape bull Views from Stanwick Ringstead and Addingtons would be destroyed bull More consideration is needed of the view from Stanwick Lakes which is an area of

natural beauty and a top tourist attraction bull Industrial units ruin the first impression of Raunds gateway Raunds is a picturesque

rural town not an industrial estate bull No architectural merit of appeal bull How will the gateway look as you approach the site from within Raunds This is more

important to local people than the long-distance views bull Height of the proposed units is out of scale to the existing development bull Layout increases the visual impact and simply serves to cram as much in as possible

around the site constraints

TRAFFIC bull Increase in lorry traffic on the single carriageway A45 between Stanwick and Thrapston bull Too many lorries going in and out causing congestion bull Lorries use London Road as a short cut even though they are not supposed to

London Road is too small to cope with existing lorries The additional traffic will worsen the situation particularly if 24 hours

bull Existing hazard created by heavy lorries accessing the sewage works via a narrow bridleway More sewage will mean more traffic hazard

bull More traffic on the A45 will mean increased delays where the A45 changes from dual to single carriageway making it more likely that vehicles will seek shortcuts through Stanwick particularly during the construction phase

bull Developments of this magnitude should be on duelled roads (ie Thrapston Wellingborough)

bull Existing London Road roundabout is not suitable or of adequate size to handle HGVs bull Existing operators on Warth Park phase 1 wish to be assured that there will be no

restrictions on their vehicle movements during construction and that there will be no access to the B1C units from the Robert Wiseman access

NOISE bull 69 London Rd 17 Gardner Close 33 Crispin Way 38 Keston Way bull Have to close our windows at night due to the noise of lorries engines shunting

loading reversing sirens air conditioning fans shouting etc bull Noise during the day disturbs shift workers sleep bull More thought needs to be put into the effect of noise pollution in the local area bull Too close to a residential area to have 24 hour operation bull Additional 24 hour warehouse units will increase both the volume and frequency of the

existing disturbance bull Existing noise bunds along London Road are inadequate The height and planting of

these should be looked at bull Noise should be monitored

Development Control Committee 15 of 100 Date printed 9 November 2011

bull Could we prevent the use of reversing sirens and fansair conditioning at night bull Noise evaluation taken on a quiet day at a quiet time of year bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Anticipate huge increase in traffic noise

RESIDENTIAL AMENTIY bull Light pollution during the winter months - existing security lighting is intrusive to our

homes Further development will only increase this bull Existing lights dazzle as far away as Stanwick bull Lighting needs to be upward and not positioned so it reflects off buildings bull CCTV cameras that are operator controlled could zoom in on bedrooms at the rear of

our properties

PRINCIPLE NEED bull Is it really necessary The last development took ages to become occupied and these

have not provided the level of employment that was anticipated bull Concerns about Northamptonshire becoming a low skilled work area full of

warehouses bull Too much emphasis on low skilled part-time temporary work bull Workforce will come from surrounding conurbations not Raunds bull Environmental impact of hauling goods around on the roads to store in sheds bull Adverse impact on tourism if visitors to the area only see big sheds bull Serves the needs of the developers more than the local community bull Excessive scale of development bull This area should not proceed as this area was not even discussed for significant

extension at the latest consultation bull Will take trade away from the existing town shops rather than bring in new business bull Not all the plots on the first development were taken until the rent was dramatically

reduced putting more pressure for them to be dropped even lower now therersquos more

BOUNDARY bull Outside the boundary of Raunds it overlaps with adjacent villages

SUSTAINABILITY bull Suggest solar power for the roofs bull Renewable elements should be included bull A post construction BREEAM assessment should be carried out

FLOODING bull Building up contours to create balancing ponds will increase winter flooding of the A45

underpass bull Meadow Lane is already badly affected by winter runoff Further development will

exacerbate the problem

WILDLIFE bull No mention of red kites which are moving to the Stanwick area and use the site as their

hunting ground bull No consideration of the impact on fish in local streams bull No consideration of wildlife impact of turning rough ground into a manicured park

LOCAL INFRASTRUCTURE bull If the development goes ahead need to consider what provision is being made for the

community Will they provide space and land for social community buildings

CRITICISMS OF SUBMISSION PROCESS bull questionnaires worded with bias so that all answers have been misconstrued to favour

the application and not represent personal views bull The exhibition seemed to show a different proposal

Development Control Committee 16 of 100 Date printed 9 November 2011

bull submission contains misleading and inaccurate information (for example by saying the site is not visible from a public road or bridleway no rights of way are affected no SSSIs and SPAs are affected etc)

bull Visual effects table is unsubstantiated Challenge conclusions bull Too much detail to be studied by the public Something of this nature needs a far wider

briefing for the public and an opportunity for them to talk with people who can explain the intricacies of the proposal A public meeting should be held in the evening so that everyone can attend The public need fuller facts before this can be decided

612 Two letters of support were received and some other positive comments were made by the above objectors as outlined below

bull Bringing 1500 jobs to the area bull Local employment opportunities bull I am all for this development it looks similar to Grange Park with its mix of distribution

centres and commercial units bull Welcome a more inviting gateway to Raunds as it is too industrial at present bull Welcome the SUDS plan for surface water from the site within the parkland and

landscaping bull The open space will provide a good link to Stanwick Lakes bull Small enterprises would lead to greater opportunity for long term high skill employment

training and apprenticeships bull Highway works to each side of the road outside the football club will improve the

entrance to Raunds

62 Town Parish Councils

621 Raunds Town Council - no objections but comment as follows - retail element should not be lost by a future change of plan - full archaeological survey should be carried out - external colour scheme for buildings should blend in with natural surroundings - screening scheme of tree barriers to reduce noise and visual impact should be maintained and enhanced if possible - seek clarification of the arrangements for dealing with surface water run-off and water supply provision

622 Ringstead Parish Council - comments - Broadly supports the principle of development that provides local employment and notes that the bulk of the employment will be in the parish of Ringstead - Access enhancements are only proposed for Raunds so young people from Ringstead would not have adequate access to the new employment opportunities - The A45 has recently been surveyed as being at 100 capacity rising to 141 at peak times so it would struggle to cope with the additional traffic from this development - Question the need for the amenity area given that there are already two hotels two themed public houses and at least five food outlets on the stretch of A45 between Thrapston and Wilby

623 Stanwick Parish Council ndash initial comment confirmed no objection but requested - larger trees around the building - the building to be a different colour colour scheme to be approved - a full archaeological survey - details of water supply and surface water drainage - concerned about the amount of accidents on the A45 - avoid disturbance to nearby badger sett

Development Control Committee 17 of 100 Date printed 9 November 2011

Subsequent comments following the submission of additional photomontages indicate Stanwick Parish Council feel that the development would have an impact on Stanwick particularly visually and in respect of lighting Request

lighting scheme to be set up correctly from the outset bunding and planting for screening should be sufficient to provide immediate

mitigation rather than taking a number of years to develop

624 Great Addington Parish Council - no objection but feel the development will have an adverse impact on the surrounding area because of increased traffic congestion and light pollution A condition should be used to ensure that all lighting at the site is compliant with section 102 of the Clean Neighbourhoods and Environment Act 2005

63 Other consultation responses

631 Northants Bat Group ndash no objections

632 North Northants Badger Group ndash no objections

633 NCC contributions ndash request 26 fire hydrants and a financial contribution of pound191400 towards fire and rescue (or a sprinkler system throughout the development)

634 The Ramblers Association ndash object Details regarding footpath UG39 are inadequate The parameters plan shows a diversion of UG39 to the north into the public open space to eventually join Meadow Lane at the south west corner of the site The Ramblers Association feel that any diversion of UG39 should turn south behind the existing Warth Park development (between the existing and proposed warehouse units) to join Meadow Lane to improve access to the site from Meadow Lane Whilst we have no objections to an additional path to the north of the site and then along the landscaped corridor to join Meadow Lane at the south west corner of the site we want UG39 to be diverted south along the east boundary of the site where it would link with Marsh Lane On such a large site it should be possible to locate the units so that UG39 is not affected

635 Northamptonshire Police ndash no objection More discussion is needed in respect of lighting CCTV physical security of buildings pedestrian and cycle links boundary treatments and layout of public use buildings and areas (Note these are all issues that would be considered in detail at reserved matters stage

636 Campaign For Dark Skies ndash Given that the existing Warth Park development causes a significant amount of energy waste light pollution due to poorly designed or angled lighting apparatus strict planning conditions should be used in relation to every new light used especially in the flood lighting of the warehouses Campaign for Dark Skies would wish to be involved in considering such details (Note this is an issue that would be considered in detail at reserved matters stage)

637 NCC Archaeology ndash Request a condition to secure an archaeological programme of works (June 2011)

638 English Heritage - do not wish to comment in detail but urge ENC to give detailed consideration of possible remains given the proximity of deserted Saxon settlements as advised by the County Archaeological Advisor

639 NCC Highways - Although a revised written response in relation to the latest TA revision is yet to be received discussions suggest that the main issues are now overcome Revised formal comments will be reported in the update Travel Plan - a condition requiring a detailed Travel Plan which shall include the management arrangements for future occupiers of the units and the delivery mechanisms

Development Control Committee 18 of 100 Date printed 9 November 2011

Contributions - bus services the county councils initial request for pound15000pa for five years has been reduced to a request for pound15000pa for only three years together with a pound5000 contribution towards the provision of a bus shelter within the Warth Park site This reduction is based on the circumstances of this site proposal in particular that a training contribution and other calls on land value not being required of other

schemes the fact that other developments may well be contributing and that demands and revenue from this site and other schemes can be expected to

cover an increasing portion of costs Meadow Lane improvements a financial contribution of pound60000 towards

improvement works throughout Meadow Lane (with any money not being spent on these works within five years of the first operational use of the development site being returned to the developer)

6310 Highways Agency - Initial issues with the Transport Assessment have been resolved

following the submission of additional information and the initial holding objection has now been lifted The HA are content that the issues raised by the Road Safety Audit can be resolved during the detailed design Direct that conditions be attached to any planning permission (1) to secure the necessary off site highway improvement works and (2) to require a Non Motorised Users Audit to be carried out and its recommendations implemented In relation to the Travel Plan the initial shortcomings with the Framework Travel Plan have now been addressed

6311 Natural England -

Designated sites - satisfied with the conclusions of the ES and consider that the proposals are unlikely to have a significant effect on the SPASSSI Landscape - no implications for any statutorily designated landscapes Biodiversity - Broadly agree with the assessment but feel that a minor negative impact may remain at local level for the breeding skylark grey partridge and linnet The numbers affected are small but there is still a need to ensure that habitat enhancement opportunities within the retained open spaces are maximised Soils - it is not clear if the agricultural land (referred to as grade 3) is of the best and most versatile quality If approved the soil resources should be used sustainable particularly the topsoil An appropriately experienced soil specialist should be instructed to oversee this Enhancements - Strongly recommend that the plans for green infrastructure and landscaping be secured by a condition planning obligation requiring a Landscape Management Plan and the delivery of such a plan not forgetting proposals for on-going management of public open space in the long term

6312 Wildlife Trust - The ecology work contained within the ES is acceptable in terms of its

scope content and findings We would recommend that the ecologists own recommendations within section 116 of chapter 11 regarding the retention protection enhancement and future mitigation measures be required by condition Further bat and bird survey work required (July 2011) has now been carried out and is acceptable

6313 Environment Agency - withdraws its initial objections in relation to flood risk and

environmental infrastructure Flood Risk - the additional information supplied demonstrates that surface water from the site can be managed and accommodated onsite if restricted to the Qbar rate The EA therefore withdraws its objection in relation to flood risk subject to a condition ENC need to be satisfied that the proposed development is in accordance with PPS25 - have not taken account to risk of flooding from ground water drainage systems reservoirs canals or ordinary watercourses

Development Control Committee 19 of 100 Date printed 9 November 2011

Environmental Infrastructure - the additional information supplied confirms that there is sufficient environmental infrastructure capacity to serve the proposed development The EA therefore withdraws its objection in relation to this matter Groundwater and contaminated land - based on the submitted information we consider the site to pose a negligible risk to controlled waters however we request a condition relating to the remediation of unidentified contamination Section 106 matters - the ongoing maintenance of the surface water drainage system together with operation and contingency arrangements can be secured through the section 106

6314 Kettering Borough Council - no objection as unlikely to have a significant impact on the

Borough of Kettering

6315 ENC Planning Policy - Overall the scheme represents a major opportunity to deliver

significant new employment development at Raunds for which the CSS evidence base identifies a need Despite some concerns about the quality of the submitted PPS4 sequential and impact statement no planning policy objections are raised in principle to the proposed Phase 2 Warth Park development

6316 ENC Environmental Services (contamination) - No objection The work undertaken in

respect of ground investigation is of a very high standard Levels of contamination found on the undeveloped part of the site do not pose a significant risk to end users of the site The Scalley Farm buildings had however not been surveyed Subject to conditions being imposed that cover the area of the Scalley Farm buildings requiring investigation and remediation is carried out as necessary there is no objection to the development

6317 ENC Environmental Services (noise) - No objection The noise survey was carried out

in accordance with a brief supplied by ENC Environmental Services Conditions should be used (1) to ensure the recommendations within section 878 (p73) of the summary section of the noise assessment are implemented and (2) that works which cause noise audible at the site boundary are not carried out outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays Environmental Services ask that they be consulted in relation to details of piling activity on the site and in determining the detailed layout of the site at reserved matters stage Given that the plans would see the removal of the bunding adjacent to London Road (alongside the gateway part of the development) the applicant has clarified that this section of bunding was included in the noise model for the existing scenario but removed from the model for the noise predictions with the development in the year of opening The bund is only 1m high and would not have had a significant effect on noise levels at the nearest residential properties The Environmental Services officer is therefore satisfied that the noise assessment is robust in respect of that bund and that its removal will not adversely impact on nearby residential properties There is no requirement for any bunding or other mitigation at the southern boundary of the site as there are currently no receptors at this location that will be affected Therefore it would not be reasonable of this authority to request bunding or any other form of mitigation on the southern boundary at this time In respect to objections about current activities at Warth Park the Environmental Services officer has made the following comments The noise assessment provided is firm in its conclusions that the addition of this development will not adversely impact on the residents The current guidelines relating to noise from this type of development have been met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels Therefore I have no reason to

Development Control Committee 20 of 100 Date printed 9 November 2011

object to this development on the grounds of noise Obviously these mitigation measures have been specified as a condition to ensure that they are included in the development and prior to first use

6318 ENC Environmental Services (lighting and air quality) -

Lighting - suitable conditions are required to ensure that the appropriate information on lighting for the site is provided at reserved matters noting that any lighting scheme should be designed to use the minimum necessary lighting Air Quality - no objections A method statement for the construction phase should be required as a pre-commencement condition of the development

6319 ENC Environmental Services (commercial health) - need to ensure safe access and

egress of vehicles and pedestrians using units at the site

6320 ENC Conservation Officer - concerned that landscaping has not been sufficiently

considered - no justification of how the proposed landscape structure was conceived so it is difficult to assess whether the proposed landscape types are appropriate for this site - no details of phasing for the highlighted features such as woodland planting and formal planting so it is difficult to assess the suitability of this alongside the proposed structural planting - need the landscaping to reflect a broader design for the whole site so that the bulk of the planting for each plot is put in place as part of the structure planting (open spaces street planting) Otherwise the creation of individual planting around the smaller plots may lead to fragmentation of the design - development will be visible in the landscape even with the addition of new planting to partially obscure future views Whilst the existing development is already visually prominent the proposed units appear even more prominent interrupting the horizon line and not sitting well with their surroundings The drop in land to the south and west contributes to this prominence Could ground levels be manipulated to allow the buildings to sit lower in the landscape

6321 ENC Design Officer -

(1) The mixed use area at the gateway needs to look towards and integrate with Raunds by having doorways and accesses from London Road This would give a positive visual impression at the gateway into Raunds and would afford residents access to the new facilities by means other than the car An active frontage may also affect driver behaviour and reduce traffic speeds in this area enhancing the overall pedestrian environment (2) There is an opportunity to improve the pedestrian environment and cycle access in the vicinity of this site as highlighted in the Raunds Masterplan including the Meadow Lane right of way to Stanwick Lakes and routes to the town centre

6322 North Northamptonshire Joint Planning Unit -

Jobs Growth - the proposal satisfies the requirement of Policy 11 by providing employment at an existing employment site in an area with a low jobsworkers balance A Training and Employment agreement should be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal (ref policy 8) Planning conditions should be used to ensure that the delivery of the non B8 elements of the scheme contribute towards unlocking other employment uses and diversifying the economy into higher value activities Regarding the proposed town centre uses ENC should be satisfied that the requirements of PPS4 have been satisfied

Development Control Committee 21 of 100 Date printed 9 November 2011

6323 JPU Design Action Manager - ref para 398 of CSS and policy 13 Concerned about

the visual impact of the proposal and its impact on the wider landscape character In photomontage L from the Nene Valley Way the development would result in a bulky form on the skyline and would block the view of Raunds church spire Viewpoint N is likely to demonstrate a similar negative effect Photomontage M demonstrates that the build form spills down the valley side and runs against the contours so that the visual impact is one of long expanses of built form this appears at odds with the gently undulating farmed slopes that are characteristic of the area Photomontage F demonstrates a negative view of the proposal on the brow of the hill Photomontage C shows the building jutting out into the view obscuring the natural fall of the land and the horizon Overall the proposal is contrary to policy 13h in that

is visually prominent in a sensitive location were wide expansive views are key to the landscape character

does not conserve or enhance the landscape character blocks views to the spire and prevents views across undulating countryside to

the horizon does not display design of exceptional quality to counteract the landscape

concerns Layout - More information about the accesses and orientation of the mixed use gateway should be secured through a design brief on the first reserved matters application

6324 JPU Sustainability Officer - Welcome the plans to achieve BREEAM very good for the

B8 element Concerned that the proposed 10 of energy demand to be met from renewables is below the policy 14 target of 30 and that the proposed 15 reduction in CO2 emissions is also too low There is no reference to the 20000sqm of mixed use development which could provide opportunities for the consideration of an energy centre for the site Rainwater harvesting should be utilised across the whole scheme The sustainable drainage system and surrounding open space has potential to create opportunities for recreation and biodiversity benefit Green roofs and ponds do not appear to have been considered

7 Evaluation

71 The following issues are relevant to the determination of this application for planning permission

72 Local Planning Policy and Principle of Development

721 The first consideration should be whether the development conforms with the development plan for the area which for this site is primarily the adopted Core Spatial Strategy and to a lesser extent the adopted East Midlands Regional Plan (taking account of the uncertain future status of the regional plan)

North Northamptonshire Core Spatial Strategy

722 Both the Regional Plan and the NNCSS set out the overall locational strategy for new employment development with priority being given to development in urban areas Whilst the site is located outside the settlement boundary that was proposed (although not formalised) within the 2007 Raunds Preferred Options document it should be noted that the site is on the edge of Raunds and relates well to the settlement

723 The NNCSS aims to achieve greater self-sufficiency for North Northamptonshire as a whole stating in Policy 1 that development in the rural north east will be mainly directed to a rural service spine comprising Oundle Thrapston and Raunds to be supported by regeneration of these towns and improvements to public transport links

Development Control Committee 22 of 100 Date printed 9 November 2011

724 The CSS defines Raunds as a localised convenience and service centre and the strategy for the town should consist of town centre regeneration and diversification of employment and service base (policy 1 and policy 9) It is essential therefore that the impact of the proposal on the town centre has been adequately assessed

725 This proposal for a predominantly B8 distribution development is situated close to the strategic transport network in accordance with policy 11

726 The non B8 aspects of the proposal contain a broad mix of employment related uses therefore representing an opportunity for expansion and diversification of the employment and service base as set out in table 1 of the CSS and enhancing the towns overall retail employment and leisure base Paragraph 392 in the CSS whilst recognising that town centres are the preferred location for the focus of new office development does note that town centres cannot entirely accommodate the amount of land envisaged as being required for office-based uses It further notes that certain types of business use (such as research and development) may find more commercially attractive locations within the sustainable urban extensions or other prominent sites at the edge of towns These will however need to be in locations that are or can be made highly accessible by a range of transport modes

727 Overall whilst the proposals edge of town location could be seen to conflict with the CSSs town centre regeneration focus the proposal would still accord with much of the broader policy content of the CSS

East Midlands Regional Plan

728 The proposal would accord with the thrust of the relevant policies of the East Midlands Regional Plan in that it would enhance the provision of local facilities at Raunds by focusing on the service sector as an economic priority Whilst policy 22 seeks to prevent the development or expansion of additional regional scale out-of-town retail and leisure floorspace this development would not be contrary to this policy given that it consists of predominantly B8 (non-town centre) uses

Other Local Policy Documents

729 In the absence of an up to date site specific DPD for Raunds the non-statutory Raunds Masterplan functions as a relevant material consideration where it compliments the CSS The Masterplan recognises the application site as a potential new employment site and explicitly promotes the expansion of Warth Parkbased on market opportunity strategic location of Raunds and potential employment opportunities The Masterplan does seek to restrict edge or out of town retail However whilst the current proposal does incorporate some town centre uses none of the proposed uses are strictly retail so there is no conflict with this element of the Masterplan

7210 The Northamptonshire Strategic Employment Land Assessment (SELA) highlights the

need for significant growth in respect of job creation employment at Raunds particularly as Employment development within Raunds would help to reduce the very large imbalance of out-commuting from the town

7211 East Northamptonshire Councils own (non-statutory) corporate policies include a focus

on regeneration and economic development and a business friendly planning servicedesigned to make it as easy as possible for companies to set up or expand

73 National Planning Policy and Principle of Development

National Ministerial Statement ndash Planning for Growth

Development Control Committee 23 of 100 Date printed 9 November 2011

731 The recent Ministerial Statement ndash Planning for Growth indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

Draft National Planning Policy Framework

732 The recent Draft National Planning Policy Framework contains a presumption in favour of sustainable development and goes as far as to state that the default answer to development is yes except where this could compromise the key sustainable development principles It goes on to state that local planning authorities shouldgrant permission where the plan is absent silent indeterminate or where relevant policies are out of date This could be said to be the case in respect of Raunds given the East Northamptonshire District Local Plan (now 15 years old) remains the site specific DPD for the town

Planning Policy Statement 1- Delivering Sustainable Development

733 PPS1 refers to the need for sustainable economic development It sets out a positive approach to delivering sustainable economic development including recognising its environmental and social benefits and ensuring that suitable locations are available (paragraphs 23(i) and 23(iii))

Planning Policy Statement 4 - General

734 PPS4 provides further guidance and advises in policy EC101 that planning applications that secure sustainable economic growth should be treated favourably Policy EC102 includes criteria against which applications for economic development should be assessed These include

a) whether carbon dioxide emissions are limited and the proposal is resilient to climate change b) accessibility of the site by a choice of means of transport c) whether the design is of high quality and is inclusive d) impact on economic and physical regeneration including impact on deprived areas and social inclusion objectives e) impact on local employment

These are considered in later sections of this report

Planning Policy Statement 4- Town Centre Uses background

735 Part of the scheme includes town centre uses and there are specific policies in PPS4 relating to these Policy EC171 indicates that applications for main town centre uses that are not in an existing centre and not in accordance with an up to date development plan should be refused planning permission where

a the applicant has not demonstrated compliance with the sequential approach b there is clear evidence that the proposal would be likely to lead to significant

adverse impacts However Policy EC172 then goes on to indicate that where no significant adverse impacts have been identified planning applications should be determined taking account of

a the positive and negative impacts of the proposal in terms of policies EC102 and 161 and any other material considerations and b the likely cumulative effect of recent permissions development under construction and

completed development

Development Control Committee 24 of 100 Date printed 9 November 2011

Planning Policy 4 ndash Sequential Assessment

736 Policy EC15 in PPS4 provides detailed advice on how to consider sequential assessments advising that Local Planning Authorities should take account of the availability suitability viability and accessibility of more central sites and should ensure developers have demonstrated flexibility in terms of their business model

737 PPS4 is accompanied by a Practice Guide which makes it clear in paragraph 56 that the onus is upon the applicant to demonstrate that the sequential test is passed and if more central opportunities are rejected it is for sound reasons that are clearly explained and justified In paragraph 57 it is explained that if a local planning authority proposes to refuse an application involving town centre uses on the basis of the sequential approach it should be on the basis that it considers that there is or may be a reasonable prospect of a sequentially preferable opportunity coming forward which is capable of meeting the same requirements

738 The developer explains that in undertaking their sequential assessment they have disaggregated each unit and assumed that each is a separate business This approach is in accordance with the advice in PPS4 The developer has not however reduced the size of individual units explaining that the formats proposed are those required by the market

739 The catchment area that the developer has considered is the parishes of Raunds Ringstead Stanwick and Hargrave as it is explained that the facilities proposed are not designed to serve wider population Only alternative sites within Raunds are therefore considered and the sites have been taken from the from the Draft Raunds Masterplan Ideally a separate market search should also have been carried out

7310 The alternative sites identified in the sequential test and the developerrsquos conclusions

are set out below

ARPC Containers site ndash reference is made to the viability report submitted in relation to the current application for this site which shows that the site is only viable for a mainly residential scheme BCorner of Titty Ho and Grove Street ndash this site is considered not to be available as it would require relocation of the garage CVacant site between Grove Street and McKenzie Road ndash site is too small and development would impact on residential amenity DBlock between Ashfield Rise Ashfield Grove and Spinney Street - residential amenity would be harmed by restaurant and health and fitness use and the site is unsuitable due to lack of visibility EVacant site on corner of Park Road and Hill Street ndash the site is too small and recommended for residential use FGellrsquos Garage High Street ndash the site is too small and more suited to residential use GLand to east of North Street- the site is too small and more suited to residential use

7311 Insufficient information however has been submitted to support the conclusions The

sites are not identified on a clear map and their sizes have not been provided therefore it is difficult to determine that they are actually too small although your officers do agree that sites surrounded by residential development are likely to be more suitable for residential rather than the uses proposed and also accept that it is not viable to develop the RPC site for the proposed uses

Development Control Committee 25 of 100 Date printed 9 November 2011

7312 The developers make a general point in relation to viability They advise that in the

current economic climate all development projects are difficult to make viable and that commercial development of light industrial units hotels food and drink establishments and leisure facilities are not viable on sites with additional costs for items such as demolition and decontamination

Planning Policy Statement 4 ndash Impact Assessment

7313 Policy EC161 sets out that an impact assessment needs to consider the impact of a

proposal on town centre vitality and viability consumer choice in-centre trade and turnover and possibly the rural economy It shoudl also consider whether the scale of the proposal is appropriate to fit within the hierarchy of centres The accompanying Practice Guide provides guidance on how to consider these impacts

7314 Unfortunately the developer has made no attempt to carry out a detailed impact assessment advising that there are no models that can provide a realistic assessment of impact for the relevant uses at the scale proposed They make the following detailed points

bull More employment and economic activity will have a beneficial impact upon the town bull The creation of additional employment at Raunds is likely to increase the viability of

Raunds town centre An increase in businesses and employees will increase demand for facilities particularly retail in the town centre

bull The prediction is that employees would earn over pound300 million from the proposal over 5 years Although only a small proportion would be spent in the town even 1 spend totals over pound3 million over the 5 year period which will sustain a number of small businesses

7315 Unlike retail proposals there is no accepted methodology for assessing the impact of

town centre proposals however Members will no doubt recall that a more detailed impact assessment was submitted for the proposed leisure centre at Manor Park It is disappointing therefore that the developer has not explicitly considered the issue of the impact that locating town centre uses would have on Raunds town centre Ideally further work should have been carried out

PPS4 - conclusion

7316 The applicants submission in respect of the PPS4 Sequential and Impact Assessment

is not of the quality that would be expected despite this being their second attempt following an initial request for a more detailed assessment However on the basis of local knowledge of the area the markets and the way trade operates the conclusions that it draws are not challenged It is reasonable to conclude that there are no more centrally located sites that could suitably accommodate the proposed development or parts thereof and furthermore that any impact on the existing centres would be minimal

Overall Policy Conclusions

7317 Bringing together the relevant policies there is significant support for the proposal The

main issues are around the acceptability of the sequential and impact assessments particularly having regard to the overall spatial strategy set out in Policy 1 of the Core Spatial Strategy and the focus upon regeneration of the town centre

Development Control Committee 26 of 100 Date printed 9 November 2011

7318 The sequential test is not as clear as it could have been and would have benefited from plans identifying the alternative sites that were considered noting their size and showing their relationship with surrounding development and explaining in more detail why most of them are too small Whilst it would have been helpful for the developer to have carried out their own market research your officers are not aware of other sites that might be available

7319 The impact assessment is poor but on the other hand no clear evidence has been submitted to demonstrate that the proposal would lead to significant adverse impacts Having regard to this the proposal therefore needs to be assessed against Policy EC172 in PPS4 the positive and negative impacts of the proposal in terms of EC102 and 161 and other material considerations need to be considered ie there is no presumption that the application should be refused in accordance with Policy EC171

7320 Considering that no retail uses are proposed for the site and that the sequential

assessment has proved that there are no more central sites that could accommodate the uses proposed it is very unlikely that the development itself would have an adverse impact on the vitality and viability of the town centre

7321 Indeed it could be argued that the development would raise the profile of Raunds by

attracting more businesses and visitors to the town The development would be closely related to existing retailing and leisure uses namely MampS BP McDonalds and Raunds Town Football Club Combined with the application proposals these could form a leisure hub to the west of Raunds again attracting more business to the town which could in turn help support the town centre Consideration is given in a later section to the potential for seeking developer contributions towards civic improvements within the town In this respect the development could also be seen to have a positive impact on the town and contribute to this important element of the CSS

7322 The Town Council have on a number of occasions expressed concern about the

amount of food establishments within the town centre and stressed that what they want to attract into the town centre is retail development

7323 Other sections of this report consider the proposal against Policy EC102 in PPS4 and

the positive and negative impacts of the proposals and other material considerations and these are all brought together and weighed in the balance in the conclusion to this report

74 Mix of uses

741 The applicant has suggested that it is the significant B8 element of the scheme that makes the proposal stack up but officers would have significant concerns if there was a prospect that the accompanying business and leisure uses were not going to also come forward Clearly the proposed mix of uses for the site is what makes the current application so attractive so it is important that the council does all it can to ensure that the mix is not diluted to a less attractive package

742 In reality it is likely that reserved matters applications will come forward individually as the site gains interest from end-users There is the associated risk that the precise combination of uses could end up being slightly different to that indicated in the application Each reserved matters application would have to be considered on its own merits

Development Control Committee 27 of 100 Date printed 9 November 2011

743 The indicative breakdown of uses that has been put forward in the application (Transport Assessment) is as follows

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

744 As it is not yet known what end-user interest will come forward it would be unduly restrictive to dictate that reserved matters must come forward strictly in line with this indicative mix as a lack of flexibility in this sense could deter take-up on the site However it is recommended that a condition be imposed that stipulates the upper limit of the various types of use class in order to ensure that no one type of use can dominate the development It is also recommended that a condition be imposed that would require the applicant to submit an annual report demonstrating how the site has been actively marketed for the full mix of uses This would maximise the opportunities of getting the most desirable mix of uses for the site but would also mean that the evidence base that is built up in this way could then be used to support decision making on any reserved matters proposal that may come forward that does not strictly line up with the indicative mix

745 Concern was raised that the site of the gateway part of the development may already have planning permission for a B8 warehouse However this permission has expired so there is no prospect of a B8 warehouse coming forward on this part of the site without a further application Any such application would prejudice the aims of the current proposal so is unlikely to be supported unless there is a very strong evidence base that the desired mix of uses are not deliverable

75 Training and employment

751 The applicant has suggested that 1500 jobs would be created as a result of the development Several representations have challenged this assumption and raised fears that these may not be skilled jobs or that the local population may not benefit

752 Clearly the figure is an estimate and is a rounded figure but is considered to be a reasonable estimate based on the job densities used in the North Northamptonshire SELA report It is acknowledged that a large distribution unit could employ anything from 100 to over 1000 staff depending on the nature of the end users operations and that the seasonal variations of the leisure uses would also give rise to uncertainty What is certain is that the development would provide significant additional employment at an existing employment site in an area with a low jobsworkers balance This can only be a good thing for the socio-economics of this part of the district

753 The JPU suggest that a Training and Employment agreement could be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal However in this instance the council is proposing to trial an innovative scheme called Construction Futures which aims to develop high quality skills for local people invests money from developers and government in to the local economy and hence helps to create inclusive communities To summarise the developer would pay a financial contribution to Construction Futures who would in turn use this money to administer and deliver a programme of site-based work experience training and apprenticeships for students of local colleges such as Moulton and Tresham The number of training hours would be determined by the size and nature of the proposed development and could be used in a combination of different ways

Development Control Committee 28 of 100 Date printed 9 November 2011

construction students could gain practical work experience which may include apprenticeships during the construction phase

logistics hospitality leisure or childcare students could benefit from placements at the various businesses that ultimately occupy the new premises

construction firms or end users of the site could go into schools andor colleges to deliver presentations as part of a curriculum

local businesses would benefit from being offered subsidised business development and up-skilling training to meet industry requirements

754 Construction Futures based in Northampton has been securing similar such benefits for schemes dealt with by WNDC for the last few years so has a proven track record of positive outcomes and compliance with the relevant planning legislation The scheme has been increasing in profile in recent months and has generated significant national press interest The applicant has indicated a commitment to the Construction Futures scheme and has agreed to this being worked into the section 106 agreement for the site Further details of the scheme can be found at wwwconstructionfuturesorguk

76 Highways

761 It is proposed that the London Road between the A45 and Warth Park Way Brick Kiln Road be widened to a dual carriageway which would in turn facilitate the need for the connection to the A45 roundabout to be revised The existing roundabout at Brick Kiln Road that forms the site access would be improved and the existing Warth Park Way running into the site would also be widened to a dual carriageway with a new roundabout introduced some 150m into the site close to the first existing junction

762 A detailed Transport Assessment was submitted alongside the application and this takes into account the impact of potential forthcoming development at Northdale End and Darsdale Farm The TA predicts a total traffic generation of some 500 trips both arrivals and departures in the morning peak and some 700 in the afternoon peak The impact on traffic flows at several junctions has been assessed including the A45 roundabout the Brick Kiln Road Warth Park Way roundabout the Meadow Lane Marshall Road junction and the Stanwick Road Wellington Road roundabout

Impact on the strategic highway network

763 The Highways Agencys initial issues with the Transport Assessment have been resolved following the submission of additional information and the HAs initial holding objection has now been lifted The HA are now content with the proposed development and its impact on the A45 The HA are also satisfied with the Framework Travel Plan They confirm that any issues arising from the Road Safety Audit can be resolved during the detailed design stage and direct that conditions be used to secure the necessary improvement works to the A45 roundabout and to require a Non Motorised Users Audit to be carried out and its recommendations implemented

Local transport network

764 The highways officer at NCC has confirmed that he is happy that the proposed highway improvements comprising the improvements to the A45 roundabout dualling of the London Road down to the Warth Park roundabout and the provision of a cycleway on London Road between the Warth Park roundabout and the new toucan crossing should satisfactorily facilitate the development

765 The broad principles of the internal road layout and parking provision are acceptable to the highway authority but the precise design details of these would be agreed for each part of the site as the respective reserved matters applications come forward A condition is suggested that would require a masterplan for the non-B8 element of the scheme to

Development Control Committee 29 of 100 Date printed 9 November 2011

submitted in conjunction with the first of the reserved matters applications for the gateway development Further detail of the internal road parking and access layout would therefore be considered at this stage and we would be able to ensure that pedestrian access from London Road can be facilitated in accordance with the comments of our design advisors

766 The Raunds Masterplan highlights a need for improvements to pedestrian and cycle provision throughout the town Accessibility of the site by bicycle from the local area would be enhanced by the provision of a new cycleway on the west side of London Road linking the new toucan crossing up to the Warth Park Way roundabout where it would link in with the cycle provision within the Warth Park site Conditions can be used to secure the provision of the cycle path on London Road and the design details of the segregated cycleway through the site that would serve to keep cycles separate from the HGV route

767 A particular priority of the Raunds Masterplan is to improve access to leisure opportunities for residents of the town and it would be desirable to ensure that future users of the Warth Park development also have access to local leisure opportunities Meadow Lane a bridleway which runs along the southern boundary of the site and leads to Stanwick Lakes is in a poor condition at present The developer has agreed to make a financial contribution to enable the entire length of Meadow Lane to be improved hence enabling a circular leisure route for workers or visitors to the Warth Park site and improving access to the countryside and Stanwick Lakes for the whole town (see section 7155)

Sustainable Transport and Travel Plan

768 A Framework Travel Plan has been submitted which identifies proposed measures to be implemented on a development wide basis and provides a framework for the preparation of specific travel plans for each individual site forming part of the development as it comes forward The Framework Travel Plan also identifies overall traffic generation limits and a preliminary modal shift target A condition is recommended that would require a more detailed Travel Plan that broadly accords with the Framework Travel Plan to accompany each reserved matters application

769 The number 16 bus is a long standing service that runs past the entrance to the site and the X46 and X47 have also been improved this year The county council feel that is would be feasible to provide a diversion so that a new stop within Warth Park would be served In this regard NCC has requested a financial contribution of pound50000 towards bus services pound5000 of which would be for a new bus shelter on Warth Park Way with the remainder being used to enable an extension to the recently introduced County Connect demand responsive transport (most likely by extending the 7am-7pm operating day by 3 hours to enable shift changeover) This would complement the measures in the Framework Travel Plan and help to facilitate modal choice for potential users of the development from the wide surrounding area

Rights of Way Implications

7610 There is an existing right of way (footpath UG39) that crosses the site in a east-west

direction terminating at the A45 which severs the path (the underpass is slightly further south at the end of Meadow Lane) This right of way has already been diverted between the existing commercial buildings on Warth Park and a further diversion would be required to facilitate the proposed development The applicant proposes to divert the footpath in a northerly direction so that it joins in with the proposed footpath and cycleway that would be created through the development site This would take the form of a segregated track to the north of the HGV access road separating to meander through the landscaped public open space before joining in with the Meadow Lane at the south western corner of the site and enabling convenient crossing of the A45 via the existing underpass

7611

Development Control Committee 30 of 100 Date printed 9 November 2011

Whilst not the shortest or most direct route this proposal would seem to be the logical and most pleasant route for the footpath diversion Unfortunately the Ramblers Association do not share this view Firstly they feel it should be possible to design the scheme around the footpath but this would not be possible due to the scale of the proposed buildings and the topography of the site Secondly they feel that if the footpath has to be diverted the diversion should be routed in a southerly direction in between the proposed warehouse units to join Meadow Lane However officers view is that this would not be a desirable route for the footpath and could well be harmful from a planning out crime point of view

7612 Clearly any diversion of the footpath would need to undergo the formal process of a

section 257 Diversion Order This process is separate to planning permission but must be carried out prior to development commencing (an informative to this effect could be placed on any planning permission) What is important at this stage is that there are at least three possible and feasible routes that the diversion could take and any disagreement about the relative desirability of these routes would be resolved through the formal Diversion Order process Therefore although no final decision has been reached about the ultimate route of the diverted footpath there is no reason why planning permission cannot be granted

77 Design - Illustrative Site Layout

771 The mix of uses proposed for the north eastern corner of the site has potential to provide a positive gateway to Raunds The desire for dual-aspect units which positively address London Road with active frontage and pedestrian access points could easily be facilitated in the detailed design stage As mentioned above a condition is suggested that would require a masterplan for the non-B8 element of the scheme to be submitted in conjunction with the first of the reserved matters applications for the gateway development and it would be expected that these principles would be incorporated into such a masterplan

772 The significant footprint of the three large B8 units and the existing site constraints (a gas main and the natural contours of the site) has dictated to some extent the positioning of these units within the indicative layout The buildings would form a logical extension to the existing phase one warehouse units particularly the large Indesit unit which would be adjacent to the extension and is of comparable scale to the units proposed

773 The proposed road alignment appears logical and workable with separate distinct elements of the scheme each served off their own points of vehicle access The highway and safety implications of the road and parking layout are discussed in the highways section

774 A significant area of public open space is proposed at the western corner of the site This would help to soften the edge of the development and provide a transition into the countryside beyond Attenuation basins would be incorporated into the landscaping which would add visual and ecological interest as well as serving to ensure sustainable drainage of the site

78 Landscape implications and long views of the site

781 The Design Action Manager at the JPU has commented negatively in respect of the landscape and visual impact of the proposed development The JPU comments highlight that the site is part of the Limestone Valley Slopes character area (as defined in the Environmental Character Assessment) hence exhibiting expansive long distance views gently undulating farm slopes with urbanising elements despoiling the edges where town meets country She also refers to the Nene valley being known for its unspoilt beauty and its many views of church spires and historic houses particularly from Twelve Spires Hill where 12 church spires including that of Raunds can be seen together The JPU is concerned that these photomontages show that the bulky form of development on the horizon and spilling down the valley would result in a negative landscape impact by and more specifically would block the view of Raunds church spire from the Nene Valley Way The JPU consider that the

Development Control Committee 31 of 100 Date printed 9 November 2011

development is not of exceptional design and its bulk and position would appear at odds with the gently undulating farmed slopes and hence do not conserve or enhance the landscape character contrary to policies 13 h and o

782 The ridge top location of the proposed development means that it would be visible from a wide area as demonstrated in the series of photomontages that have been submitted with the application The significance of the landscape impact is however a subjective matter and must be weighed against the other material considerations

783 The existing Warth Park buildings are already visible in the wide landscape and the proposed new development would be viewed against this context against the backdrop of the existing units and the whole town The Environmental Character Assessment acknowledges that the edges of this natural valley are already blurred by urbanising elements - in the reasonably near vicinity there are several examples of this at Wellingborough Irthlingborough Rushden Higham Ferrers and Raunds There is also the A45 trunk road running along the eastern slope of the valley creating a physical barrier between the unspoilt valley bottom and the urban settlements to the east In the vicinity of the Warth Park proposals the A45 and the dense wooded areas on its western side create a physical and visual barrier between the valley and the development site It could therefore be argued that this would limit the impression of encroachment into the valley The view of the church spire as shown in photomontage L is an extremely long-distance view (approximately 33km) that is already partly obscured by the existing Warth Park development The presence of other settlement edge uses at Raunds Stanwick and towards Irthlingborough is a consideration as is the natural screening that is anticipated to mature in front of the development over time Whether the additional impact of the new units further severing this view of the spire is significant enough to conclude that this is harmful to the landscape is a matter of subjective judgement which must be weighed against other material planning considerations

79 Landscaping

791 The councils conservation officer has expressed concern about the level of detail that has been submitted in relation to structural landscaping of the site Although the written principles that are described seem broadly acceptable the scheme has not been illustrated on a plan and there is insufficient detail in terms of phasing and implementation This is of particular concern due to the large scale of the proposed development and the need to avoid piecemeal approach to the landscaping given the likelihood that reserved matters will come forward bit by bit

792 Whilst recognising that this is an outline application that does not include landscaping the importance of getting a coherent scheme of structural landscaping throughout a site of this size and avoiding a piecemeal approach to landscaping should not be underestimated In the circumstances it would seem reasonable and sensible to request details of the structural landscaping for the whole site prior to the submission of any reserved matters applications and furthermore to request that the approved structural landscaping is put in place alongside the overall site infrastructure and the construction of the first building

793 Once a coherent structural landscaping scheme has been secured the finer details of landscaping that would come in with each of the subsequent reserved matters applications would be less critical and subject to more flexibility

794 It is recommended that the section 106 agreement incorporates the requirement for a landscape management plan and provisions for ongoing maintenance of the public open space

Development Control Committee 32 of 100 Date printed 9 November 2011

710 Noise

7101 Four residents of London Road Gardner Close Crispin Way and Keston Way have

highlighted that they already suffer noise disturbance from the existing Warth Park in the form of vehicle noise reversing bleepers air conditioningfans loading works and raised voices and that this disturbance is particularly concerning at night These residents are concerned that the disturbance would be worse if the proposed development goes ahead particularly given that the application seeks 24 hour operations Local concern is heightened by the fact that the existing bund on the western side of London Road opposite the football club would be removed as part of the proposals

7102 The application was supported by a Noise Assessment and this has been considered in

detail by the councils Environmental Services officers who conclude that they have no concerns or objections to the proposed development They are content that the removal of the existing bund would not adversely impact on nearby residential properties The noise assessment demonstrates that current guidelines relating to noise from this type of development would be met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels

7103 In the light of this technical advice from the councils noise experts it would be

extremely difficult to substantiate a reason for refusal on the grounds of noise disturbance However conditions are recommended to ensure that the proposed mitigation is put in place and that construction works are restricted to certain hours

711 Ecology

7111 The application was accompanied by ecological submissions both as part of the ES

and following in later specific studies The proximity of the Upper Nene Gravel Pits SPA and SSSI and the likely impact of the development on this designated site is an important consideration that has been taken into account The impact on wider biodiversity of the site in particular bats and birds and the effect on soils and green infrastructure have also been considered

7112 Both the Northamptonshire Wildlife Trust and Natural England have considered in

detail the ecological submissions and they confirm that these are acceptable is scope content and robustness These consultees therefore have no objections to the proposals subject to conditions ensuring

the development is carried out in accordance with the recommendations within section 116 of chapter 11 of the ES regarding ecological retention protection enhancement and future mitigation measures particularly to ensure that habitat enhancement opportunities within the retained open spaces are maximised

the soil resources particularly the topsoil should be used sustainably and the works should be overseen by an appropriately experienced soil specialist

7113 Concern has been raised by an objector about the impact on red kites However further discussion on this matter with both the Wildlife Trust and a local bird specialist recommended by the Wlidlife Trust would suggest that the proposed development would not give rise to significant concern

Development Control Committee 33 of 100 Date printed 9 November 2011

712 Flooding

7121 A sustainable urban drainage system in the form of attenuation basins and swales is proposed for the site to manage the impact of the development on drainage A Flood Risk Assessment has also been carried out for the site The initial objection of the Environment Agency has been overcome by the submission of a revised Flood Risk Assessment The EA has therefore withdrawn its objection in relation to flood risk subject to a condition specifying the technical approach to run-off and stipulating that any alternative approach would necessitate further discussion

7122 It is clear from the response that the EA has taken account of the nearby Hogs Dyke in its consideration of the FRA Given the location and topography of the site the council is not aware of potential flood risk from any other source Subject to compliance with the suggested condition the development would be in accordance with PPS25

713 Archaeology

7131 Several archaeological programmes have been carried out which demonstrate the

presence of Iron Age Roman and Saxon activity over a wide area of the site The medieval activity on site is likely to be peripheral to the village of Mallows Cotton which is now a Scheduled Monument and is separated from the site by the modern A45 Despite the investigative works that have already been undertaken by the applicant on site a condition requiring a further programme works is recommended to record and advance an understanding of any assets in accordance with PPS5 and the advice of the County Archaeologist

714 Sustainability

7141 The proposal would achieve BREEAM very good in accordance with policy 14 of the

CSS However policy 14 also contains a target for 30 of energy demand be met by renewables but the current proposal only provides for 10

7142 The sustainability officer at JPU has indicated that the measures proposed such as

solar water heating air source heat pumps sustainable drainage systems are a good start but she feels that further measures should be considered for a development of this scale or at the very least there should be an economic or technical submission justifying why the 30 target cannot be more closely met She has suggested a condition similar to that used on other schemes which requires a strategy to be submitted with each reserved matters application

to demonstrate how a target of at least 30 (minimum 10) of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply or

if the 30 target cannot be met the energy strategy should be accompanied by a technical and economic viability assessment to justify the shortfall

Development Control Committee 34 of 100 Date printed 9 November 2011

715 Section 106 contributions

7151 The development is of a size which generates a need for social and community

infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7152 In considering whether contributions are justified and can be sought Members must

have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

7153 Members also need to be mindful that the current basis for seeking contributions is the

Councilrsquos SPD in relation to developer contributions

7154 The following is a summary of the main headlines under which section 106

contributions have been negotiated

Meadow Lane

7155 Upgrading of Meadow Lane to facilitate access to Stanwick Lakes is a priority to both

ENC and NCC and the developer has agreed to contribute pound60000 towards this which NCC has advised should be sufficient to re-surface the entire length of Meadow Lane with a permeable hardcore or similar A specification for the upgrading works has been provided by NCC and this would suitably accommodate cyclists pedestrians horses and farm vehicles

Cycleway for London Road

7156 In terms of achieving connectivity of the site to Raunds town centre the developer has

agreed to provide a cycleway on the western side of London Road travelling north from the new toucan crossing outside the cemetery up to the Warth park roundabout and into the site This is in accordance with the request of NCC

Buses

7157 NCC initially asked for pound80000 (pound15000 a year for five years plus a further pound5000 for

a bus shelter just inside the application site) with reference to possibly diverting the recently improvedextended services 16 X46 and X47 to a new stop inside the Warth Park development and enhancing the new County Connect demand responsive service in order to enable a large catchment to reach the site

7158 In a later representation NCC revised this request downwards to pound50000 (pound15000 a

year for three years plus a further pound5000 for a bus shelter) the justification for this being

Development Control Committee 35 of 100 Date printed 9 November 2011

bull a training contribution (Construction Futures) and other calls on land value have not been required of other schemes

bull other developments may well also be contributing to bus services bull demands and revenue from this site and other schemes can be expected to cover an

increasing portion of costs

Training and development

7159 Construction Futures is a new approach to gaining contributions towards securing

training opportunities for local young people The section 106 agreement would require the developer to sign up to providing a certain number of training hours for young people from local colleges Exactly how the training hours are used would be negotiated after the agreement is signed (see earlier section for more detail of how this could work) On top of the requirement to provide training hours there would also be a financial contribution of approximately pound100000 associated with this that would go towards the administration and co-ordination of the scheme

Raunds town centre

71510 In line with the approach taken on the Northdale End site the developer has agreed to

pay a pound20000 financial contribution towards improvements for Raunds town centre Rather than specify this be used for shop fronts it is envisaged that this could better be used as more of a civic community improvement fund

Open Space

71511 The developer is proposing to provide and maintain the on-site open space at no cost

to Raunds Town Council A maintenance programme would therefore need to be secured as part of the section 106 agreement

Other matters not pursued in the S106

71512 Improvements to pedestrian access between Raunds and Ringstead were considered but under the tests of CIL these were not felt to be sufficiently justified

8 Conclusions

81 The planning policy evaluation highlights the deficiencies with the PPS4 sequential and impact assessment that has been undertaken by the developer Nonetheless PPS4 also provides that in the absence of any evidence of harm the development should be assessed on the basis of its positive and negative impacts in the light of current policy and other material planning considerations

82 The remainder of the planning policy evaluation shows a great deal of support for the proposed development in terms of its fit with PPS1 the Ministerial Statement ndash Planning for Growth the Draft National Planning Policy Framework the East Midlands Regional Plan the North Northamptonshire Core Spatial Strategy the Raunds Masterplan and the councils own (non-statutory) corporate policies

83 Apart from a subjective disagreement about the extent to which visual harm will result to the wider landscape and the limitations of the sequential impact assessment there is no evidence that harm will result from the proposal In fact the benefits of the scheme are considered to far outweigh the disbenefits particularly in relation to local employment creation economic regeneration social inclusion sustainable transport and accessibility and inclusive design which would create an enhanced entrance to Raunds

Development Control Committee 36 of 100 Date printed 9 November 2011

84 Therefore on balance it is recommended that planning permission should be granted

85 It should be noted that the application falls within the scope of the Consultation Direction (circular 022009) which requires local planning authorities to consult the Secretary of State before granting planning permission for certain types of development The current proposal falls within this scope as it is within the definition of section 5(1) of the annex therein which includes development outside town centres further defined as development which consists of or includes retail leisure or office use and which (a) is to be carried out on land which is edge-of-centre out-of-centre or out-of-town and (b) is not in accordance with one or more provisions of the development plan in force in relation to the area in which the development is to be carried out and (c) consists of or includes the provision of a building or buildings where the floor space to be created by the development is 5000 square metres or more

9 Recommendation

91 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

10 ConditionsReasons -

1 Development shall not commence until details of

a) the layout of the new development

b) the scale of the new development

c) the appearance of the new development and

d) the landscaping of the site (hereinafter called the reserved matters) shall be obtained from the local planning

authority Reason The application is in outline only and the reserved matters referred to will

require full consideration by the local planning authority

2 Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

3 The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

4 The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall thereafter be constructed in accordance with the slab levels that have been approved in writing by the local planning authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

Development Control Committee 37 of 100 Date printed 9 November 2011

5 Prior to the commencement of each part of the development full details of all external materials including finish and colour scheme shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with the approved details

Reason In the interest of amenity

6 Prior to the commencement of each part of the development hereby permitted details of the location height design and materials of any boundary treatments shall be submitted to and approved in writing by the Local Planning Authority and all such works shall be erected concurrently with the erection of the buildings Such approved details shall be erected and retained in perpetuity thereafter

Reason To ensure that the appearance of the development is satisfactory and that it contributes to the visual character and amenity of the area

7 Prior to the occupation of the development the works hereby permitted shall be constructed in accordance with BWB drawing NTT672SK01P5 dated 092011 (in respect of works to the trunk road network) Any revisions that may be required resulting from the implementation of the recommendations of the Road Safety Audit shall be approved in writing by the local planning authority in consultation with the Highways Agency

Reason In the interest of highway safety

8 No part of the development hereby approved shall be occupied until a Non Motorised Users Audit has been undertaken and the recommendations therein have been implemented

Reason In the interest of highway safety and sustainable transport

9 No development shall commence until a scheme for off-site highway improvement works (comprising improvements to the A45 roundabout (Highways Agency control) and duelling of the northern portion of London Road associated works to the Warth Park roundabout and provision of cycleway on the western side of London Road (NCC control)) has been submitted to and approved in writing by the local planning authority None of the premises hereby permitted shall be occupied until all of the off-site highway works have been carried out and written confirmation has been provided by the local planning authority that these works are acceptable

Reason In the interest of highway safety

10 Prior to the first occupation of any of the buildings on site a cycleway shall be provided adjacent to the west side of London Road in accordance with full details which shall have been submitted to and approved in writing by the local planning authority

Reason In the interest of promoting sustainable transport

11 Prior to the commencement of development design details of the segregated cycleway through the northern end of the site and through the open space shall have been submitted to and approved in writing by the local planning authority Development shall then proceed in accordance with the approved details

Reason To ensure a safe and attractive route for cyclists through the site

12 All reserved matters submissions shall accord with the principles contained within the Framework Travel Plan and a further detailed Travel Plan shall be submitted in conjunction with each reserved matters submission for each part of the development hereby permitted The detailed submissions shall cover pedestrian cycle and public transport linkages within and outside of the site as well as prospective management arrangements for future occupiers of the development and shall identify the mechanisms by which the Travel Plan proposals are to be delivered the targets and the timing of delivery

Reason In the interests of promoting sustainable transport

Development Control Committee 38 of 100 Date printed 9 November 2011

13 No more than 105073 sq m of floorspace is permitted under this outline permission within which no more than 6050 sq m shall be for A3-5 C1 or D1-2 uses and within which no more than 1500 sq m shall be for D2 use (health and fitness) no more than 2500 sq m shall be for C1 use (hotel) no more than 300 sq m shall be for D1 use (nursery) and no more than 2500 sq m shall be for A3-A5 uses (food and drink) No more than 3348 sq m of the total floorspace shall be for B1 uses and no more than 100000 sq m of the total floorspace shall be for B8 uses

Reason To ensure an appropriate mix of uses on the site

14 On the first anniversary and each subsequent anniversary or any other such period as agreed in writing by the LPA of the granting of outline planning permission a report shall be submitted to the LPA demonstrating how the site has been marketed for the full mix of uses applied for in the outline application This report shall include though not exclusively the marketing material and marketing media used during the previous year numbers and types (including general company size and sector) of inquiries received during the previous year locational origin of these inquiries inquiry requirement (by size and building type) together with explanation of why the inquiry has or has not progressed

Reason to ensure that the full mix of uses permitted by the planning permission is delivered on the site and is among other material considerations in accordance with market demand

15 The first reserved matters application made for the areas to the north of the existing Warth Park (all buildings except the three large warehouses) shall include a masterplan for these areas including access (pedestrian cycle vehicle) location of buildings frontages and entrances (including relationship with London Road) parking and service areas and principle landscaping No building within this masterplan area shall be commenced until the masterplan is agreed in writing by the LPA Subsequent reserved matters submissions for these areas shall accord with the design principles within the approved masterplan unless otherwise agreed in writing when further reserved matters applications are made

Reason To ensure that the reserved matters applications for this area are coordinated and that the area is properly connected to the surrounding area

16 In conjunction with the reserved matters submission for each part of the site an Energy Strategy for the energy supply incorporating renewables andor from decentralised renewable or low carbon sources shall be submitted to and approved in writing by the Local Planning Authority The strategy shall demonstrate how a target of at least 30 with a minimum of 10 of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply in accordance with the approved Energy Strategy Framework If the 30 target cannot be met a technical and economic viability assessment shall be submitted together with the energy strategy for the approval of the Local Planning Authority The strategy shall include details and a timetable of the physical works on site The strategy shall be implemented as approved and retained operational thereafter unless otherwise agreed in writing by the Local Planning Authority

Reason In the interests of sustainable development and energy efficiency in accordance with PPS 1 and the supplement to PPS 1 PPS 22 Policy 2 of the East Midlands Regional Plan and Policy 14 (a) (iii) of the CSS for North Northamptonshire

17 Prior to commencement of any development a comprehensive landscape masterplan including full details of the structural landscaping of the site shall be submitted to and agreed in writing by the local planning authority The approved structural landscaping shall be implemented during the first planting season following the completion of the first building on site unless otherwise agreed in writing by the local planning authority Any planting forming part of the approved landscaping scheme which dies or becomes diseased within 5 years of planting shall be replaced in accordance with details to be submitted to and approved in writing by the local planning authority

Development Control Committee 39 of 100 Date printed 9 November 2011

Reason To ensure that structural landscaping is delivered in a comprehensive manner and to assist with mitigating the visual impact of the scheme on the surrounding area

18 The structural landscaping will be maintained by the applicant or an organisation appointed by the applicant and notified to the LPA as publicly accessible open space in accordance with details to be submitted to and approved in writing by the local planning authority subject to any limitations to ensure its proper functioning for surface water drainage Access to this area shall commence upon completion of the structural landscaping or as otherwise agreed in writing by the local planning authority

Reason To ensure that there is public access to the area of open space

19 Development shall proceed in accordance with the recommendations in section 116 of chapter 11 of the ES (received by the local planning authority 2 June 2011) regarding ecological retention protection enhancement and future mitigation measures unless otherwise agreed in writing by the local planning authority

Reason In the interests of ecological protection and ensure that enhancement opportunities are maximised

20 Each stage of the development shall proceed in accordance with a strategy for the sustainable use of soil and topsoil resources which shall be submitted to and approved in writing in conjunction with each reserved matters application This strategy shall include details of the arrangements by which an appropriately experienced soil specialist will oversee the development

Reason To ensure the sustainable use of soil

21 The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved by the Local Planning Authority (LPA) and until the scope of works approved therein have been implemented where possible The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination andor pollution of controlled waters It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the sites existing status and proposed new use Two full copies of the site investigation and findings shall be forwarded to the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo If during development contamination not previously considered is identified then the LPA shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the LPA

Reason To ensure all contamination within the site is dealt with

22 Where the risk assessment identifies any unacceptable risk or risks an appraisal of remedial options and proposal of the preferred option to deal with land contamination andor pollution of controlled waters affecting the site shall be submitted to and approved by the LPA No works other than investigative works shall be carried out on the site prior to receipt and written approval of the preferred remedial option by the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo

Reason To ensure the proposed remediation plan is appropriate

23 Remediation of the site shall be carried out in accordance with the approved remedial option No deviation shall be made from this scheme without the express written agreement of the LPA

Reason To ensure site remediation is carried out to the agreed protocol

Development Control Committee 40 of 100 Date printed 9 November 2011

24 On completion of remediation two copies of a closure report shall be submitted to the LPA The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s) Post remediation sampling and monitoring results shall be included in the closure report

Reason To provide verification that the required remediation has been carried out to the required standards

25 Development shall not begin until a detailed scheme for the provision implementation ownership and maintenance of the surface water drainage for the site in accordance with the additional response to the Environment Agency objection Environmental Infrastructure amp Flood Risk undertaken by RPS (ref ABA5007 revision A dated 26 September 2011) has been submitted to and approved by the local planning authority The detailed scheme shall be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storage of disposal of surface water from the site and to ensure future maintenance of the surface water drainage system

26 No development shall take place until the applicant or their agents or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority

Reason To ensure that features of archaeological interest are properly examined and recorded in accordance with PPS5 Policy HE12

27 No construction works that cause noise to be audible outside the site boundary shall take place outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays This includes deliveries to the site and any work by contractors or sub contractors

Reason In the interests of residential amenity

28 Prior to the commencement of any part of the development hereby permitted a Construction Management Plan shall be submitted to and approved in writing by the local planning authority The Construction Management Plan shall include and specify the provision to be made for the following

i Overall strategy for managing environmental impacts which arise during construction ii Measures to control the emission of dust and dirt during construction iii Control of noise emanating from the site during the construction period iv Hours of construction work for the development and hours that construction traffic shall

access and egress the site v Contractorsrsquo compounds materials storage and other storage arrangements cranes and

plant equipment and related temporary infrastructure vi Designation layout and design of construction access and egress points viiInternal site circulation routes viii Directional signage (on and off site) ix Provision for emergency vehicles x Provision for all site operatives visitors and construction vehicles loading and unloading

plant and materials xi Provision for all site operatives visitors and construction vehicles for parking and turning

within the site during the construction period xiiDetails of measures to prevent mud and other such material migrating onto the highway

from construction vehicles xiii and other similar debris on the adjacent public highways xiv Routing agreement for construction traffic xvStorage of plant and materials used in constructing the development

Development Control Committee 41 of 100 Date printed 9 November 2011

xvi Enclosure of phase or development parcel development sites or development parcels and the erection and maintenance of security hoarding including decorative displays and facilities for public viewing where appropriate

xvii Waste audit and scheme for waste minimisation and recyclingdisposing of waste resulting from demolition and construction works

The approved Construction Management Plan shall be adhered to throughout the construction period and the approved measures shall be retained for the duration of the construction works

Reason In the interests of safety and local amenity

29 Prior to the commencement of each part of the development a lighting scheme for the relevant part of the development shall be submitted to and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these approved details

Reason In the interest of amenity and crime prevention

30 Prior to the commencement of development a scheme and timetable for the provision of fire hydrants shall be submitted to and agreed in writing by the local planning authority and provision of fire hydrants shall be made in accordance with the scheme and timetable

Reason To ensure a satisfactory form of development

31 Each reserved matters submission shall include full details of hard and soft landscape works for that part of the scheme These details shall include the proposed finish levels or contours means of enclosure car parking layouts other vehicle and pedestrian access and circulation areas bin storage and hard and soft surfacing materials All hard and soft landscape works shall be carried out in accordance with the approved details The works shall be carried out prior to the occupation of the relevant part of the development or in accordance with a programme agreed in writing by the local planning authority All planting seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting seasons following the occupation of the buildings or the completion of the development whichever is the sooner and any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the local planning authority gives written approval to any variation

Reason In the interest of visual amenity

Informatives

1 In approving this application the content of the submitted Environmental Statement has been taken into account The relevant planning guidance and policies were identified as PPS1 PPS4 PPS7 PPS9 PPG13 PPS22 PPG24 PPS25 East Midlands Regional Plan Policies 1 2 11 18 20 21 22 North Northamptonshire Core Spatial Strategy 2008 policies 1 8 9 11 13 and 14 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development mix of uses employment creation impact on highways sustainable transport righs of way designlandscape impact landscaping noise ecology flooding archaeology and sustainability The application has been approved as

The principle of the development is acceptable when weighing all planning policies and material considerations

the impact of the proposal on the vitality and viability of existing centres would be minimal

Development Control Committee 42 of 100 Date printed 9 November 2011

The proposal would give significant benefits to the district particularly in respect of local employment creation and economic regeneration

The proposal would not have an unacceptable impact on the local or strategic highway network

The development would not cause significant harm to the visual amenity or character of the area

The proposal would not have a significant impact on the amenities of neighbouring occupiers

The proposal would be accessible by means of transport other than the car

2 Guidance on the sustainable use of soil resources can be found in Defra Construction Code of Practice for the Sustainable Use of Soils on Construction Sites (see httpwwwdefragovukpublicationsfilespb13298-code-of-practice-090910pdf)

3 The proposed surface water scheme should be in accordance with the additional response to Environment Agency objection Environmental Infrastructure amp Flood risk (ref ABA5007 revision A dated 26 September 2011) which restricts run-off to Qbar If the developers wish to pursue the alternative strategy of restricting the sit to Q30 further discussion will be required given the historic nature and lengthy background to Warth Park and works to Hogs Dyke

4 The highway proposals associated with this consent involve works within the public highway which is land over which the developer has no control The Highways Agency therefore requires the developer to enter into a suitable agreement to cover the design and construction of the works Please contact Mr Alan Darby of the Agencys Area 7 network Delivery and Development Directorate 0121 687 4165 at an early stage to discuss the details of the highway agreement

5 A Site Waste Management Plan will be required for the development hereby approved

6 Notwithstanding the terms of this planning permission a separate application under section 257 of the Town And Country Planning Act for a Diversion Order in relation to the public right of way known as UG39 must be made and approval granted before any development can proceed

7 The plans to which this decision relates are

Development Control Committee 43 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 25 October 2011

Case Officer Carolyn Tait EN1101054FUL

Date received Date valid Overall Expiry Ward Parish 7 July 2011 7 July 2011 1 September 2011 Rushden Bates Rushden

Applicant Mr And Mrs N Richards

Agent Sidey Design Architecture

Location 169 Bedford Road Rushden Northamptonshire NN10 0SA

Proposal Single storey side extension to existing annex (Resubmission of 1100425FUL)

This application is brought before Development Control Committee at the request of a local Ward Member

1 Summary of Recommendation

11 That permission be REFUSED

2 The Proposal

21 This application is a re-submission of a previously refused scheme for the erection of a single storey side extension to an existing annex The previous application was refused for being tantamount to the creation of a separate dwelling in the open countryside which would have appeared out of character with the prevailing built form which is characterised by large dwellings set in spacious plots It was also refused as the rear wing of the house would have been out of proportion with the original dwelling which would have resulted in an unacceptable impact on the character and appearance of the surrounding area the open countryside and the host dwelling

22 The previous extension reference 1100425FUL measured approximately 9 metres in length by 63 metres in width by 47 metres in height and accommodated a kitchen a dining area a bedroom a wet room and a closet This proposal would measure approximately 5 metres in length by 63 metres in width by 47 metres in height and would accommodate a bedroom a studio room a shower room and a large closet

3 The Site and Surroundings

31 The application site accommodates a detached dwellinghouse set back 232 metres from the A6 (Bedford Road)

32 The dwelling already has a single storey rear extension which accommodates a lounge a kitchenette a shower room and a bedroom

33 Nearby dwellings are parallel to the A6 but differ in their character and appearance

Development Control Committee 44 of 100 Date printed 9 November 2011

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS7 ndash Sustainable Development in Rural Areas

42 East Midlands Regional Plan Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development On 10th November 2010 the High Court ruled that the Secretary of States decision to

revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements Policy 9 ndash Distribution and Location of Development Policy 13 General Sustainable Development Principles

44 East Northamptonshire Local Plan RU2 ndash Provision for residential infilling in the Avenue Road area of Rushden

45 Supplementary Planning Guidance Residential Extensions and Alterations Design Guide

46 Other Documents The Three Towns Plan Preferred Options Document

5 Relevant Planning History

51 0300377FUL Single storey rear extension PERMITTED

52 1100425FUL Single storey extension to existing annex REFUSED The two refusal reasons were as follows

bull The proposed extension would by virtue of its internal layout and scale be tantamount to the creation of a new dwelling in the open countryside and therefore is contrary to PPS7 A separate dwelling in this location would appear out of character with the prevailing built form which is characterised by large dwellings set in spacious plots bull The proposed extension by reason of its scale bulk design and cumulative impact would result in the rear wing of the house being out of proportion with the original dwelling This would have an unacceptable impact on the host dwelling on the character and appearance of the surrounding area and on the open countryside and therefore is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy and the Supplementary Planning Guidance for Residential Extensions and Alterations Design Guide

This most recent application has been re-submitted to try and overcome these two reasons for refusal

6 Consultations and Representations

61 Neighbours No comments received

Development Control Committee 45 of 100 Date printed 9 November 2011

62 Town Council No objection

63 Site notice posted 25 July 2011 on a post at the entrance to the site

64 A letter was received from the applicantrsquos agent on 17 August 2011 to support the application and can be summarised as

bull A new application was submitted on 5 July 2011 reference 1101054FUL with a reduced depth to the single storey extension The original host dwelling is a two storey four bedroom property with rear wing that was built in the 1920s The original two storey annex was applied for and approved in 2003 (0300377FUL) It was built during 2004 The depth of the host dwelling is 176 metres The depth of the extended annex is 104 metres The annex extension is less than 5 metres in depth and is single storey It is proposed to have a lower ridge than the existing annex and is propose to be treated with shiplap boarding in contrast with the existing extension and in keeping with an existing detached outbuilding in the grounds It is a large plot and the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area

bull Strongly believe that both the original proposal and the resubmitted proposal are not contrary to PPS7 or Policy 13h of the North Northamptonshire Core Spatial Strategy

bull It appears that the main reason for the previous refusal is the perception of the creation of an additional dwelling in the open countryside This could be dealt with by condition or a legal agreement

bull A recent planning appeal decision APPL3245D112151635 was allowed This application was for additional annex accommodation to a property located in open countryside The decision was given in favour because the Inspector confirmed that a suitable condition could be put in place in accordance with circular 1195

bull Strongly believes that this current application should be given due and proper consideration in light of this appeal decision

bull The proposal complies with Policy 13h of the North Northamptonshire Core Spatial Strategy in that it is a quality design subservient to the original property

bull The applicant would be willing to accept a condition or enter into a Section 106 agreement should it be necessary to ensure the annex remains ancillary to the main dwelling With a suitable condition the proposal would comply with PPS7 as it would not form a separate dwelling in the open countryside

bull Permission has recently been granted for two two storey annexes in Wellingborough WP20110023F and Rugby R102116 Both of these had self contained accommodation and were in the open countryside The retention as an annex was dealt with by way of a condition

7 Evaluation

71 The following considerations are relevant to the determination of this application

72 Principle of development Tantamount to the creation of a separate dwelling

721 The site is located outside of the built up area of Rushden as identified in the adopted Local Plan and the Three Towns Plan Preferred Options Document It is within ribbon development built along Bedford Road The character of the area remains one dominated by dwellings in linear form each fronting the highway despite the precise set back of dwellings being varied

Development Control Committee 46 of 100 Date printed 9 November 2011

722 Whilst the proposal is described as an extension to a dwelling due to the size internal layout and layout of the site it would be tantamount to the creation of a separate dwelling and needs to be assessed as such

723 This application has reduced the size of the proposed extension as well as altering the internal layout since the previously refused application This proposal no longer includes a kitchen or a dining room

724 Despite the amendments the proposal is still considered to be tantamount to the creation of a separate dwelling as it would accommodate a bedroom closet and shower room These would be directly linked to the existing internal arrangements which comprise a lounge kitchenette shower room wc lobby and utility area with an upstairs studio room (that could become a second bedroom) This accommodation is in addition to the internal arrangement of the main dwelling It would be easy to section off an area of the private garden as both the lounge and proposed bedroom would have separate entrance and back doors The proposed accommodation would be in excess of what would be typical from a linked and dependant annex The accommodation could also be considered more extensive then many new dwellings By simply closing off an internal door this could create an independent dwelling in its own right with no dependence on the main dwelling The proposal would be within the open countryside and would be independent from the main dwelling as it would not rely upon any of the facilities of the main house

725 Case law states that for a building to be incidental the function of the space provided must be subordinate to the basic or primary accommodation to be expected at a dwellinghouse rather than being an incident of that main use Thus a building which is to contain facilities such as a lounge kitchenette two shower rooms lobby utility room and two bedrooms is not considered to be incidental to the enjoyment of a dwellinghouse and as such forms a separate unit

726 The applicantrsquos agent states in their comments that a condition could be added to any permission granted to ensure that the proposal remains ancillary to the existing dwelling The agent made reference to an appeal APPL3245D112151635 and states that this appeal was allowed because the Inspector felt that a condition could be added to restrict the proposal from becoming a separate residential unit A copy of the appeal decision can be found at Appendix 1

727 This was an application which sought planning permission to convert the ground floor garage space of an annex into additional living accommodation without complying with a condition attached to planning permission 108860P The condition in dispute stated that lsquoNotwithstanding the provisions of Part 1 of the Town and Country Planning General Permitted Development Order 1995 the garage area of the barn shall not be used as overspill residential accommodation without the prior consent of the District Planning Authorityrsquo

728 The Inspector allowed the appeal and granted planning permission for the conversion of the ground floor garage space with a condition that it remain ancillary to the residential use of the main dwelling

729 The Inspector considered that a condition could be added for the accommodation to remain as ancillary to the main dwelling as it was not possible for it to become a separate dwelling He considered that the creation of a separate dwelling at the appeal site would not be in a sustainable location and that creating a separate dwelling would not be practical The Inspector considered that the annex would not have had enough amenity space to function comfortably as a separate dwelling The Inspectorrsquos opinion was that this would have significantly reduced the likelihood that the barn could have been successfully used as an independent property

Development Control Committee 47 of 100 Date printed 9 November 2011

7210 It is considered that this current application at 169 Bedford Road could be converted into a separate dwelling for the reasons given at paragraph 724 It would have sufficient amenity space parking space and the internal layout would allow it to function independently from the main dwelling Therefore in this instance a condition would not be appropriate as an application could be submitted at a later date for a separate dwelling and the local planning authority would have difficulty refusing it because of the building already being in existence As such this proposal can not be compared to the appeal decision which the applicantrsquos agent has referred to

7211 The applicantrsquos agent also refers to two other recent decisions one in Wellingborough and one in Rugby However each application is treated on its individual merits and for the reason stated at paragraph 7210 the proposal can not be permitted subject to a condition for the proposal to remain ancillary to the existing dwelling

Planning Policy

7212 Policy 9 of the North Northamptonshire Core Spatial Strategy states that development in the open countryside will be strictly controlled and that priority will be given to the reuse of suitable previously developed land and buildings within the urban areas followed by other suitable land in urban areas Despite being within the curtilage of an existing dwelling the proposal would not be sited within the existing built up area and is therefore considered to extend into the open countryside to the rear

7213 Policy RU2 of the East Northamptonshire Local Plan states that planning permission will normally be granted for residential infilling or redevelopment in Bedford Road Avenue Road and Newton Road where it relates to land within the built up area has a frontage to the highway and a depth similar to adjoining residential curtilages and does not result in a backland form of development Whilst the proposal is within the built up area of the Bedford Road it would not comply with this policy as it would not have a highway frontage would not be of a depth similar to adjoining residential curtilages and would result in backland development

7214 Whilst each application is treated on its individual merits the following appeal decision was one that was dismissed at 84 Avenue Road Rushden on 30 June 2008 (APPG2815A072061769) A copy of this appeal decision can be found at Appendix 2 Members should take this decision into account when determining the current proposal as it relates to Policy RU2 of the East Northamptonshire Local Plan

7215 The proposal was for a separate annex to the rear of an existing dwelling It was refused because the annex by nature of its location scale siting design and use would have resulted in and adverse impact on the character and built form of the settlement and would have had an unacceptable intrusion upon the open countryside

7216 The proposal was considered contrary to Policy RU2 of the Local Plan and PPS1 and PPS7 In addition to these policies it was considered contrary to GEN2 and H21 of the Local Plan However these policies are no longer saved The Inspector stated that the proposed development would not have met the criteria of Policy RU2 as it would have created backland development would not have had a highway frontage and would not have had a depth of plot similar to neighbouring development He went on to state that the proposed development would not have been sited within the built up area despite being proposed within the curtilage of the existing dwelling

7217 The site had an open character to the rear and consequently the Inspector considered that due to the proposals scale and design it would have intruded visually in a harmful way into the countryside area at the rear of the development The Inspector concluded that the proposal would have had a harmful effect on the character and appearance of the area and would not have conformed with RU2 of the Local Plan

Development Control Committee 48 of 100 Date printed 9 November 2011

7218 The applicantrsquos agent strongly believes that the proposal is in accordance with PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy PPS7 states that local planning authorities should strictly control new house building (including single dwellings) in the countryside away from established settlements or from areas allocated for housing in development plans This proposal would result in a new dwelling in the open countryside away from the main settlement of Rushden and as such is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping respect and enhance the character of its surroundings and be in accordance with the environmental character of the area The proposal would result in backland development which would not respect or enhance the character of its surroundings and as such would be contrary to Policy 13h of the North Northamptonshire Core Spatial Strategy

73 Visual impact 731 The second reason for refusal on the previous application related to the proposals scale bulk design and cumulative impact and the visual harm that would have been caused on the character and appearance of the surrounding area open countryside and the main dwelling

732 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping and that it should respect and enhance the character of its surroundings and be in accordance with the environmental character of its surroundings

733 The proposed extension would increase the size of the host building but not to a scale or extent which would appear overwhelming in the context of the whole site It would remain physically subservient to the existing extension and as such would be in accordance with the Residential Extensions and Alterations Design Guide However the potential use as an independent dwelling would be out of character with the prevailing built form which is characterised by large dwellings set in large plots which front Bedford Road This would be to the detriment of the wider surrounding area and contrary to advice in PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy

734 The applicantrsquos agent has commented that the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area However it is felt that the size of the proposal would lead to the creation of a dwelling within the open countryside which would be contrary to planning policy

74 Neighbouring amenity 741 Due to the scale nature and location of the extension it would not affect neighbours in terms of overlooking overshadowing or overbearing

8 Other issues

81 Adequate private amenity space would remain

82 Crime and Disorder - This application does not raise any significant issues

83 Access for Disabled ndash The proposal would not be subject to any public access and therefore does not raise any concerns

9 Recommendation

91 That permission be REFUSED for the following reasons

Development Control Committee 49 of 100 Date printed 9 November 2011

10 ConditionsReasons -

1 The proposed extension would by reason of its internal layout size and positioning be tantamount to the creation of a separate dwelling in the open countryside It would be contrary to PPS7 which aims to protect the open countryside for itrsquos own sake A separate dwelling in this location would create a form of backland development away from the built up area of Rushden and as such would appear out of character with the existing ribbon development along the Bedford Road which is characterised by large dwellings in spacious plots which face the highway The proposal would therefore be contrary to PPS7 Policies 1 9 and 13h of the North Northamptonshire Core Spatial Strategy and Policy RU2 of the East Northamptonshire Local Plan

Informatives

1 The drawings to which this decision relates are as follows Plans received by the local planning authority on 7 July 2011 drawing number 11-020-

01 Existing and proposed plans and elevations site and location plans

Development Control Committee 50 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 26 October 2011

Case Officer Sue Wheatley EN1101102FUL

Date received Date valid Overall Expiry Ward Parish 18 July 2011 29 July 2011 28 October 2011 Thrapston Lakes Thrapston

Applicant MREF II PM Ltd Co Moorfield Group Ltd

Agent Katie Brown - Street Design Partnership

Location Plots 11 To 14 Haldens Parkway Thrapston Northamptonshire NN14 4QS

Proposal Proposed extension to existing distribution building with associated parking landscaping and temporary construction access

This matter is brought before the Development Control Committee due to the amount of floor area proposed

1 Summary of Recommendation

11 That permission be GRANTED

2 The Proposal

21 This is a full application for a 13540 square metre extension to the Primark distribution depot The existing floorspace is 57713 square metres The extension is located along the northern and approximately half of the eastern side of the existing building The proposal will require the width and height of the existing landscape bund to be reduced Further details of this are provided within section 79 of this report It is proposed that the cladding for the extension be graduated from dark to light from ground to sky Three new dock leveller doors are proposed in the north western elevation and one in the south east elevation

23 The application was accompanied by the following documents

bull Planning Statement and Economic Justification bull Primark Operational and CSR Statement bull Design and Access Statement bull Transport Assessment (TA) bull Flood Risk Assessment (FRA) bull Protected Species Survey bull Landscape Report bull Landscape Management Report

24 It is advised that the application has been submitted as a direct response to Primarkrsquos operational needs The depot which is operated in conjunction with DHL is one of two which serves the whole of the countryrsquos retail outlets It is already we are advised operating over capacity and further space is needed to meet Primarkrsquos next phase of UK expansion

Development Control Committee 51 of 100 Date printed 9 November 2011

25 The Design and Access Statement indicates that Primark has sought to balance the need to protect long distance views towards the site against the internal spatial requirements of the business They advise that the efficient operation of a distribution centre dictates how a building needs to be laid out The building includes racking lines which have been designed to optimise picking of goods These are 115m high 275m wide with an operating aisle of 3m

26 During the course of the consideration of the application an Addendum to the TA was submitted together with revised drainage information

3 The Site and Surroundings

31 The application site is on the edge of an existing industrial park known as Haldenrsquos Parkway which is located at the entrance to Thrapston There are industrial units to the west but open countryside immediately to the north and east although there is currently gravel extraction taking place on the land to the east There is a residential property Rectory Farm Bungalow to the east as well

32 The site is visible from both the road that goes to Titchmarsh (Ran Way) and also from the A605

4 Policy Considerations

41 National Planning Policy Guidance

PPS1 - Sustainable Development PPS4 - Planning for Sustainable Economic Growth PPS9 ndash Biodiversity and Geological Conservation

PPG13- Transport PPS23 ndash Planning and Pollution Control PPG24- Planning and Noise PPS25- Development and Flood Risk

42 East Midlands Regional Plan

Policy 1 ndash Regional Core objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 11 ndash Development in the Southern Sub-Area Policy 18 ndash Regional Priorities for the Economy Policy 20 ndash Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 28 ndash Regional Priorities for Green Infra-structure Policy 29 ndash Priorities for enhancing the Regionrsquos Biodiversity Policy 30 ndash Regional Priorities for Managing and Increasing Woodland Cover Policy 31 ndash Priorities for the Management and Enhancement of the

Regionrsquos Landscape Policy 35 ndash A Regional Approach to Managing Flood Risk Policy 39 - Regional Priorities for Energy Reduction and Efficiency Policy 43 ndash Regional Transport Objectives

MKSM Northamptonshire SRS Northamptonshire 1 ndash The Spatial Framework

Ministerial Statement Planning for Growth

Development Control Committee 52 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy

Policy 1- Strengthening the Network of Settlements Policy 5 - Green Infrastructure Policy 6 ndash Infrastructure Delivery and Developer Contributions Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution and Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development Policy 4 ndash Green Infra-structure Policy 5 ndash Transport Network Policy 7 ndash Flood Risk Policy 11- Enhancing Biodiversity Policy 12 ndash Considerate Construction Policy 16 ndash Protected Employment Areas Policy THR4- Relocating Existing Businesses around Thrapston

45 Northamptonshire County Structure Plan

No relevant saved polices

46 East Northamptonshire District Local Plan Any policies have now been superseded by the RNOTP

47 Supplementary Planning Guidance Planning Out Crime Adopted (February 2004) Parking Adopted (March 2003) North Northamptonshire Sustainable Design SPD( March 2009)

5 Relevant Planning History

51 The building was previously occupied by IKEA

52 There is a current planning application for a relocated cattle market on the land to the north(ref 1101240FUL)

6 Consultations and Representations

61 Neighbours ndash The occupiers of Rectory Farm Bungalow comment that

bull they already have to endure sleepless nights with the noise from the endless shunting and related movements of vehicles through the night and the noise omitted from the warehouse and that the extension being on ldquotheir siderdquo will bring more disruption

bull Express concern about fire risk bull It is unnecessary to destroy the established and effective bund of trees(which will never

recover to its present form) when there is an existing access

62 Neighbours- 8 letters of support although many of these live some distance from the site

bull Will create employment

Development Control Committee 53 of 100 Date printed 9 November 2011

63 Thrapston Town Council ndash No objection

64 Titchmarsh Parish Council ndash Make the following comments

ldquoDevelopers to ensure that the external landscaping is improved and maintained In addition ensure that traffic leaving the temporary entrance leaves the site by turning right only and access to the site is only via Huntingdon Road Temporary signage to be placed on the A605 prohibiting construction traffic entering the villagerdquo

65 Highways Agency- No objection

66 Local Highway Authority ndash Advised that inadequate information had been provided and made the following comments in relation to the application as originally submitted

bull As an earth bund is being removed details of the cubic capacity of the soil to be removed and associated lorry movements are required

bull Details of the construction compound are required bull Additional disabled parking is required bull Off ndashsite highway works are required to Ran Way A ldquoswept pathrdquo analysis needs to be

carried out to demonstrate what is required bull A carriageway condition survey will need to be carried out before and upon completion

of works bull A daily log will need to be kept of vehicles bull A suitable turning facility for buses is required bull The ldquoCounty Connectrdquo operating hours need to be extended to arrive at the site by 600

am and leave after 700 pm

An addendum to the TA was submitted and the Local Highway Authority made the following comments in response to this and advised that it has no objection subject to the imposition of conditions

bull The LHA is reasonably content that the revised technical data addresses the points of concerns originally raised

bull The LHA is content with the construction access details within Ran Way and the passing bays to facilitate construction vehicles either entering or emerging from the site to access the A605 via Huntingdon Road

bull Further details are required to identify off-site accommodation works to prevent vehicles turning left when emerging from the site within Ran Way Huntingdon Road

bull Cantilever bus shelters with flag sign posts are to be provided to aid the promotion of the submitted ldquoTravel Planrdquo within Huntingdon Road to reduce private car journeys

bull As an additional measure off-site footway kerbing and construction works are proposed to aid the safe passage of pedestrian movement within Huntingdon Road on the eastern side of the vehicle access point

bull The use of the temporary construction vehicle access and passing bays shall be formed prior to the commencement of construction works unless alternative vehicle access arrangements can be promoted utilising the existing vehicle access facilities In any event all construction vehicles shall turn right either onto Ran Way or Huntingdon Road when emerging from the development site

bull The promotion of extending the footway in addition to the promoted footway works to aid the safe passage of pedestrian movement throughout the frontage of the development site within Huntingdon Road and Ran Way can be considered If the Planning Authority considers that the request for extending the footway into along Ran Way reasonable and proportionate then the Highway Authority would not object to the promotion and construction of such an approved pedestrian facility All costs to be borne by the developer and at no cost to either authority

Development Control Committee 54 of 100 Date printed 9 November 2011

67 Environment Agency ndash Initially expressed concern that the Flood Risk Assessment (FRA) did not adequately demonstrate that surface water could be managed without increasing flood risk Further information was submitted and the Environment Agency have now confirmed that they have no objection to the application subject to the imposition of a condition in relation to surface water drainage

68 Natural England ndash No objection having regard to the standing advice and the submitted Protected Species Survey

69 Wildlife Trust ndash Have provided information regarding a mitigation scheme that can be implemented in relation to Titchmarsh Nature Reserve

610 Conservation Officer (TPO) ndash makes the following comments

bull The planting on the existing bund is of varying quality and is very sparse in places The eastern bund is dominated by semi-mature Laurel(planted on the top) with a mix of broadleaved trees (Oak Field maple and Birch) which have shown poor to reasonable growth

bull The remodelling of the bund would reduce itrsquos height by between 47m and 33m on the northern side and 3m on the eastern bund The re-modelled bund is proposed to be 55 to 16 metres wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

bull As a result of the re-modelling almost all of the existing trees will be removed I have some concerns about the loss of some of the better quality broadleaf trees particularly the Lime and Oak and suggest that consideration is given to re-planting these

bull The proposed planting includes re-planting of the bottom hedge where required with the main slopes having an understorey of native woodland whip planting with interspersed standard trees The submitted details refer to the use of pre-seeded matting to combat erosion of the new slopes and confirmation is required that the woodland planting would be planted within this

bull The visual information submitted with the application demonstrates that the site is most visually prominent when viewed from the immediate north and north east with distant views from the north west The reduction of the bund and removal of existing vegetation will add to the prominence of the building in the short term

bull However the proposed planting is substantially better than existing and providing that it takes and is managed in accordance with the submitted Landscape Management report will create a similar planted effect to that which is present The planting mix is more comprehensive which will result in denser planting over time It is likely that the new planting would take between 5 and 10 years ( minimum) to create a suitable screen The future views of the building are likely to be similar to those at present after this time

611 Environmental Health (Contamination) ndash No objection but recommend an informative to draw the applicantrsquos attention to the fact that there is a landfill site within 250m

612 Environmental Protection (Noise) ndashthe original conditions for the warehouse from EN9700283FUL relating to environmental issues should be transposed onto any new permission granted These include condition numbers 2 3 13 and 14 Whilst conditions 15 16 17 18 and 19 relate to matters regulated by the Environment Agency it would be prudent for these to also be transposed to any new permission

Development Control Committee 55 of 100 Date printed 9 November 2011

The following further conditions are also recommended

Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays

There is no information provided on any ventilation or extraction to the new extension Therefore if you feel it is appropriate a further condition should be added to control noise from any such system

Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There should be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

The records held by Environmental Protection in relation to noise complaints confirm that there have been no complaints about activities from the site Previous Condition 13 is designed to protect local residents from noise from activities at the site and should complaints be received then activities would be monitored to ensure that the site is compliant with that condition This states

ldquoNoise from activities within the building(measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level(measured at L A90 30 min) by more than 5dba(A)rdquo

613 Anglian Water ndash Any comments received will be reported on the Update Sheet

7 Evaluation

71 Principle of Development

711 Policy EC 101 in Planning Policy Statement 4 advises that Local Planning Authorities should adopt a positive and constructive approach towards planning applications for economic development and that planning applications that secure sustainable economic growth should be treated favourably

712 One of the main thrusts of the North Northamptonshire Core Spatial Strategy is to deliver economic prosperity Policy 8 identifies the net increase in jobs that will be required to maintain a balance between homes and jobs Thrapston is identified under Policy 1 in the Core Spatial Strategy as a rural service centre and Policy 1 of the RNOTP indicates that to support the role of service centres the employment and service base of such settlements will be expanded

Development Control Committee 56 of 100 Date printed 9 November 2011

713 Paragraphs 395 ndash 399 of the North Northamptonshire Core Spatial Strategy considers the role that distribution has played in the past in the area It is highlighted that whilst it has created jobs it has involved the use of large areas of land put significant demands on transport infra-structure and involved large buildings that have often been visually intrusive

714 Policy 11 indicates that large scale strategic distribution is to be concentrated at the rail linked Euro-hub site in Corby and that other distribution sites should be located close to the strategic road network The site is located at the junction of the A14 and A45 trunk roads

715 Paragraph 398 also highlights that smaller distribution development should be in locations and of a scale where buildings are not visually prominent unless they are of exceptional design and build quality Buildings it is advised should be sensitively designed to reduce the impact on the local landscape and townscape and achieve high developments should contribute towards enhancing the wider Green Infrastructure network The impact on the landscape is considered in section 78 the design and sustainability of the building in section 72

716 Primark advise that the company currently employs 326 permanent members of staff at Thrapston of which all but one work full time 34 of employees live in the Thrapston Raunds and Rushden area and virtually all live within a 15 mile radius A further 115 agency and contractor staff are employed There is also some indirect employment from the business as catering and cleaning are subcontracted

717 Primark also highlight that their employees have an onsite library and computer room and that the company has offered training programmes in the form of language courses and that employees are also encouraged to study for NVQs in conjunction with Peterborough College in subjects such as administration and management The company also draws attention to its work in the community

718 The company leases the site and has advised that if it does not obtain planning permission for the extension it will need to consider relocating to a cheaper area which would be outside Northamptonshire They advise that there is an optimal size for distribution centres which is just under 74000 square metres Beyond this size there are operational disbenefits and that therefore they would not need to seek permission for further extensions Any future expansion would require the addition of a third distribution centre

719 They advise that if permission is granted it will enable them to sign a lease for a further 15 years and that an additional 35 permanent full time jobs and a further 95 agency jobs would be created They further advise that where possible Primarkrsquos preference is to employ local people

7110There are significant economic benefits associated with this proposal It is to enable the expansion of an existing business on an existing employment site and would retain employment and generate additional employment However PPS4 and local policy does make it clear that the impacts of economic development proposals still need to be considered Policy EC 102 in particular sets out that planning applications for economic development should be assessed against the following considerations

a) whether the proposal has been planned over the lifetime of the development to limit carbon dioxide emissions and provide resilience to climate change b) the accessibility of the site by a choice of means of transport the effect on local traffic and congestion c) whether the proposal secures a high quality and inclusive design which takes the opportunities available for improving the character and quality of the area

Development Control Committee 57 of 100 Date printed 9 November 2011

d) impact on economic and physical regeneration including impact on social inclusion e) impact on local employment

These issues are considered in the following sections The Ministerial Statement Planning for Growth is also a material planning consideration This indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

72 Carbon emissions and Climate change

721 The North Northamptonshire Core Spatial Strategy indicates that new distribution buildings should be of a high environmental standard It is proposed that the extension be built to the BREEAM very good standard which would comply with Policy 14 in the North Northamptonshire Core Spatial Strategy

722 The Primark site also include its own waste recovery facility where carrier bags and coat hangers from all of their retail outlets are recycled

73 Highway Issues ndash General Background

731 A Transport Assessment (TA) was submitted with the application and this considers the impact on local roads and the trunk road network and the accessibility of the site by walking cycling and public transport The Local Highway Authority requested further information and this was included within an Addendum to the TA and plans have also been submitted to show the proposed off-site highway works The Local Highway Authority has advised that it is reasonably content with this revised information

74 Highway Issues ndash Impact on Trunk Road Network

741 The site is close to the junction of the A45 and A14 and thus is easily accessible to the trunk road network The Highways Agency has raised no objection to the proposal

75 Highway Issues ndash Existing Traffic Movements on Local Roads

751 Concern has been expressed in the past by Members when other applications have been considered for development of the Haldenrsquos Parkway site about the functioning of the roundabout at the junction of Haldenrsquos Parkway and the A605 The TA however includes accident data for the last 5years(2005-2011) and there has only been one slight injury accident on the roundabout and that did not relate to a HGV driver losing control and toppling over onto the verge

752 The TA includes the results from a survey that was carried out of existing traffic movements in January 2001 It notes the following results

bull The peak levels of traffic passing the site along Huntingdon Road are very low There were only 106 two-way vehicle movements observed between 800 and 900 and 75 two-way vehicle movements in the evening peak between 1700 and 1800

bull The two way traffic flows on the goods and car park entrances during the morning peak hours were 2 HGVs and 11 light vehicles and in the evening peak hour there were 16 HGVs and 31 light vehicles There are low levels of flow from the site during peak times due to Primarkrsquos shift patterns

Development Control Committee 58 of 100 Date printed 9 November 2011

76 Highway Issues ndash Parking

761 The existing car park has 226 spaces of which 8 are for visitors and 2 are disabled bays Adjacent to the car park there is a cycle shelter with space for 20 bicycles and 10 motorcycles There is lorry parking for 20 vehicles in an area just beyond the goods vehicle entrance and space for approximately 65 lorries to park along the eastern and western site perimeters

762 The TA advises that a parking survey was carried out in March 2011 between 1330 and 1430 at shift change over time It was observed that the peak level of parking demand was space for 209 cars and vans It was also observed that 68 of persons drove tofrom work at this time

763 The TA notes that none of the existing car and lorry spaces would be lost as a result of the building work but that there would be some re-organisation of spaces It includes a calculation based upon Primarkrsquos planned shift patterns and increase in staff and current journey to work patterns to calculate a new parking demand of 291 cars

764 The TA however also assessed the need for parking generally for B8 uses using the TRICS database and found a need for 320 spaces ( including HGV spaces) It therefore concludes that the predicted demand for 291 spaces for Primark is reasonable

765 The proposal therefore includes an altered car park layout to include 291 spaces 36 cycle spaces and 18 motorcycle spaces are also provided The amount of lorry parking just inside the entrance has been increased from 20 to 37 spaces

766 The Addendum to the TA includes an additional analysis in relation to parking It considers the Parking SPG requirements noting that this requires a maximum provision of one space per 120 sqm of gross B8 distribution floorspace This equates to the need for a maximum of 113 additional parking spaces Only an additional 65 spaces are proposed as part of the application however the Addendum suggests that this is acceptable as it is based upon the operational requirements provided by Primark and is also comparable with TRICS database information from other distribution facilities

77 Highway Issues ndash Local Traffic Impact

771 The TA assumes that the likely impact of the traffic from the development would be a pro-rata reflection of the 23 increase in floorspace( 19 increase in staff levels) It is therefore suggested that the morning peak hour traffic flows are likely to increase from 13 vehicles per hour to 16 vehicles per hour and in the evening from 47 vehicles per hour to 57 All HGVs would travel to and from the A605 avoiding Titchmarsh under an agreed routing restriction

772 The TA indicates that Huntingdon Road has ample capacity to accommodate this increase There would be less than a 05 increase in traffic through the A605Huntingdon Road roundabout (which has morning and evening peak hour entry flows of 2000 vehicles per hour) which it is concluded would be imperceptible

773 The applicant however was asked to undertake further work as the peak hour for the proposed development is at shift change over time rather than the traditional morning and evening peaks A survey was therefore carried out on 14 September 2011 and the results of this are included in the Addendum to the TA It was found that at 200 the busiest time the level of traffic on the busiest arm of the roundabout and the A14 was only 70 of the morning peak flow The Local Highway Authority has advised that it is happy that the Addendum to the TA has addressed the concerns originally raised

Development Control Committee 59 of 100 Date printed 9 November 2011

774 A temporary access is to be provided for construction purposes from Ram Lane No details were initially provided in relation to construction traffic however further details have been submitted as part of the Addendum to the TA This includes a Draft Construction Management Plan The most significant period of construction traffic movement is during the excavation work (It is estimated that approximately 28500 cubic metres of material is to be excavated and removed from the site) which is to be carried out in weeks 0-8 of the build programme and will result in 100 8-wheel lorries coming to and from the site daily The Local Highway Authority has advised that it has no objection to the proposal on the basis of construction traffic

775 The Addendum also includes details of the proposed construction compound and wheel washing facilities as requested by the Local Highway Authority

776 The Local Highway Authority requested that a swept path analysis be carried out for construction vehicles using Ram Lane This has been included in the Addendum to the TA This showed that there will need to be a small amount of widening to Ram Lane to allow vehicles to negotiate the tight bend The Addendum to the TA also highlights that the applicant had agreed with the Local Highway Authority that the existing footpath will be extended by 20m to the east of the car park entrance Plans showing these off-site highway improvement works have been submitted and re-consultation has been carried out

78 Highways Issues ndash Access by Walking Cycling and Public Transport

781 The TA notes that access to the site from Thrapston by pedestrians and cyclists is good It however notes that there is no bus service entering the AIMI Business Park and that even if there were it would be unlikely to suit shift patterns apart from when daytime management and drivers leave at 500pm

782 Primark already has a Travel Plan and the TA includes details of this

783 The Local Highway Authority originally requested improvements to the bus service however subsequently has subsequently agreed that

1 To encourage and facilitate the use of the ldquoCounty Connectrdquo bus service the applicant should fund the provision of a bus stop and shelter in Huntingdon Road

2 Instead of extending the operating hours of the County Connect Service the existing Travel Plan should demonstrate what measures will be taken to encourage modes of transport other than the car particularly by employees needing to travel outside of the County Connect hours ( 0700 to 1900)

These measures can be addressed by the imposition of suitably worded conditions

79 Visual Impact

791 The design of the extension with the coloured banding should help to minimise the impact of the built form although there is a danger that as it a different design solution to the existing building it could appear discordant

792 The most significant concern in relation to this proposal is the impact that it would have on the landscape as the existing landscaped bund is to be remodelled This bund is currently between 5 ndash 65m high and varies in width On the northern boundary it is between 60m and 40m wide The corner of the bund is around 55m wide The bund to the eastern boundary is around 50m wide The proposed remodelling of the bund would result in a reduction in the height of the bund by between 47m and 33m on the northern side and 3m on the eastern side The remodelled bund is proposed to be 55 and 16 meters wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

Development Control Committee 60 of 100 Date printed 9 November 2011

793 As a result of the remodelling almost all of the existing trees would have to be removed The planting on the existing bund is however of varying quality and is very sparse in places The eastern bund is dominated by semi mature Laurel (planted on the top) with a mix of broadleaf trees (Oak Field Maple and Birch) which have shown poor to reasonable growth The existing planting on the northern bund is very sparse in places (with the exception of some developing Lime trees) with poor growth throughout especially on the top and at the western end The whole of the bund appears to be in a constant drought the soil is nutrient poor and much of the planting shows signs of extensive rabbit damage

794 The Councilrsquos tree officer advises that she has some concerns over the loss of some of the better quality broadleaf trees particularly the Lime and the Oak She suggests that consideration is given to the transplanting of these young trees to elsewhere in the site where they can be more benefit The age of the trees is likely to result in successful relocation providing this is undertaken correctly

795 The proposed planting for the remodelled bunds includes replanting of the bottom hedge where required with the main slopes having an understory of native woodland whip planting with interspersed standard trees Reference is made within the planting details to the use of a pre-seeded matting to combat erosion of the newly formed slopes

796 The building is already fairly prominent and the removal of the bund and existing vegetation in the short term medium term will add to its prominence

797 The new planting proposed however as part of the remodelling is substantially better than the existing and providing it takes and is managed in accordance with the submitted Landscape Management Report it will create a similar planted effect to that which is present While the extension to the building will decrease the planted area available the proposed planting mix is more comprehensive which should result in a denser and more diverse landscape screen over time In the longer term therefore views of the building are likely to be similar to those at present

798 Members will therefore need to weigh carefully the requirement to consider economic development proposals favourably against the harmful effect that this proposal will have on the landscape in the shortmedium term

799 Careful management of the landscape works will be key to the long term impact of the development This is considered further in sections 79 and 713 of this report

7910Whilst this Council is currently considering an application for a relocated cattle market on the land to the north of the site this can be given limited weight as it is not a planning commitment

710 Impact on Residential Amenity

7101The nearest residential property to the proposed extension is The Bungalow This property would be 50 metres from the nearest point of the extension and 280 metres from the temporary construction access The occupiers of this property object to the application on the grounds of noise fire risk and removal of the existing landscaped bund

7102There is existing screen planting outside of the application site opposite this bungalow which clearly will remain This will help to mitigate against any visual impact The extension would be to the north of the bungalow and there would be thus no overbearing impact or loss of light

Development Control Committee 61 of 100 Date printed 9 November 2011

7103Environmental Health have been consulted and they have advised that they have not received any complaints about noise from the operation of the warehouse in the past They are satisfied that with the imposition of similar conditions to those imposed on the permission for the original warehouse and additional conditions it will be possible to ensure that noise is kept to an acceptable level

711 Archaeology

7111The County Archaeologist has advised that there is little to no potential for there to be surviving archaeological deposits

712 Contamination

7121Environmental Health have advised that the site is within 250 m of an operational landfill site and waste processing facility but that the waste that is disposed is inert and should not generate significant quantities of landfill gases They however recommend the imposition of an informative to draw the applicantrsquos attention to this

713 Drainage

7131The site is located within Floodzone 1 which has the lowest risk of flooding A Flood Risk Assessment was however submitted with the application as the site area exceeds 1 hectare The management of surface water is the most significant issue in relation to the potential risk of flooding There is currently a balancing pond on the site and surface water discharges into the public sewer at the west of the site The Environment Agency advised that confirmation of the allowable discharges needed to be sought from Anglian Water and also that more detailed modelling and calculations needed to be submitted The applicant provided this information and the Environment Agency have confirmed that they have no objection to the proposal subject to the imposition of the condition which is recommended

714 S106 Contributions and related matters

7141The development is of a size which generates a need for social and community infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7142In considering whether contributions are justified and can be sought Members must have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

Members also need to be mindful that the current basis for seeking contributions is the Councilrsquos SPD in relation to developer contributions

Development Control Committee 62 of 100 Date printed 9 November 2011

7143It is very unusual to agree to the removal of an existing landscaped bund that was put in place to protect the visual amenity of the area and has despite its poor quality become a suitable habitat for birds It is on this basis that an ecological mitigation contribution has been sought The Wildlife Trust have provided a schedule of works that they need to undertake to the Titchmarsh Nature Reserve and suggested that these would cost pound38500 Whilst the developer has confirmed agreement to payment of a contribution to cover the schedule of works they have asked that this be specified as a maximum sum in the S106 Agreement and that tenders should be sought for the work This would be acceptable and wording to this effect can be included within the S106 Agreement

7144In addition the developer has agreed to provide a bus stop and shelter and extend the footpath for 20 metres These matters can be dealt with by the imposition of a suitably worded condition rather than through a S106 Agreement

7145At pre-application stage the developer gave a presentation to Members about their proposal At this the possibility of extending the footpath around the tight bend in Ran Way was raised The developer however has advised that unless the Local Highway Authority consider that they could make a case for the provision of this then they are not prepared to extend the footpath any more than the 20 metres that has been agreed Discussions have been held with the Local Highway Authority however they do not consider that there would be any justification for seeking any further extension to the footpath ( They have advised that it is likely that this would cost in the region of pound160 per linear metre)

8 Other Issues

81 Crime and Disorder ndash No issues emerge

82 Access for Disabled ndash Any issues can be dealt with under building regulations

83 Fire hazard - The neighbour has expressed concern that the extension would be a fire hazard Building regulations consider the proximity of works to site boundaries and would ensure that there would not be a fire hazard from the extension

9 Recommendation

91 That permission be GRANTED

10 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Prior to the commencement of development details of the wall cladding including its colour shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with these approved details

Reason In the interest of visual amenity

3 The extension shall achieve the BREEAM Code very good and shall not be occupied until a certificate has been issued for it certifying that this standard has been achieved

Reason To ensure the sustainable construction of the extension in accordance with Policy 14 in the North Northamptonshire Core Spatial Strategy

Development Control Committee 63 of 100 Date printed 9 November 2011

4 All foul sewage or trade effluent including cooling water containing chemical additives or vehicle washing water including steam cleaning effluent shall be discharged to the foul sewer

Reason To prevent pollution of the water environment

5 All fuel oil or chemical storage tanks buildings ancillary handling facilities and equipment including pumps and valves shall be contained within an impervious bunded area of at least 110 of the tank capacity designed and constructed to the satisfaction of the local planning authority

Reason To prevent pollution of the water environment

6 All drums and small containers used for oil and other chemicals shall be stored in bunded areas which do not drain to any watercourse surface water sewer or soakaway

Reason To prevent pollution of the water environment

7 Vehicle loading or unloading bays and storage areas involving chemicals refuse or other polluting matter shall not be connected to the surface water drainage system

Reason To prevent pollution of the water environment

8 Surface water from impermeable vehicle parking areas and service areas shall be passed through a storm bypass oil interceptor It must be designed to receive flows up to 50mmhour from the connected area with all flows up to 5mmhour rainfall passing through the interceptor and receiving minimum 6 minutes retention in each interception chamber

Reason To prevent pollution of the water environment

9 Before any work is commenced on the development hereby permitted full details of all proposed floodlighting installations and including a supporting lighting engineers report justifying the installations shall have been submitted to and approved by the local planning authority The development shall thereafter be carried out in accordance with the details so approved

Reason To ensure a satisfactory standard of development which does not adversely affect the amenity of the area

10The means of illumination shall be so screened such that it does not cause glare to drivers on the adjoining highway or to the occupants of adjoining residential properties

Reason In the interest of highway safety and residential amenity

11Noise from activities within the building (measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level (measured at L A90 30 min) by more than 5db (A)

Reason In the interest of residential amenity

12Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

Reason In the interest of residential amenity

13During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours

Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays Reason In the interest of residential amenity

Development Control Committee 64 of 100 Date printed 9 November 2011

14Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There shall be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

Reason In the interest of residential amenity

15Prior to the commencement of development a site waste management plan shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with this site waste management plan

Reason In the interest of sustainability and to ensure the appropriate disposal of waste

16 The mounds shall be constructed and prepared for planting n accordance with the details shown on drawing reference 127004C ( as amended by the letter from TPM Landscape received on 9 September 2011) in accordance with an implementation schedule to be submitted to and approved by the Local Planning Authority in writing

Reason To ensure that the landscape scheme establishes in the interest of visual amenity

17The Landscape Scheme drawings reference 127005B received on 20 September 2011( as amended by the letter from TPM Landscape received 9 September 2011) shall be implemented in the first planting season following first use of the extension hereby permitted

Reason In the interest of visual amenity

18The proposed development shall not begin until a scheme for the provision implementation ownership and maintenance of the surface water drainage for the site based on sustainable drainage principles has been submitted to and approved in writing by the Local Planning Authority The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storagedisposal of surface water from the site and to the ensure future maintenance of the surface water drainage system

19 All construction traffic shall use the existing HGV access into the site unless( and notwithstanding the submitted details) a scheme which shall illustrate a rural road to the local highway authorityrsquos standard specification and include widening works passing bays footpath provision and works to prevent vehicles turning left when emerging from the site has been implemented Prior to the commencement of any works the scheme for these works shall have been submitted to and approved in writing by the local planning authority This shall include

1 Hard surface materials to form the promoted works throughout Ran Way and Huntingdon Road

2 Means of drainage to prevent the unregulated discharge of surface water onto the highway

3 Maximum gradient (1 in 15) from the highway boundary in the positive or negative direction

4 Sufficient parking and turning space shall be provided within the development site for all vehicles attracted thereto

Development Control Committee 65 of 100 Date printed 9 November 2011

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

20 Cantilever Bus Shelters within Huntingdon Road (industrial estate) having a landing and boarding stage with associated flag sign and posts shall be provided prior to the first use of the extension hereby permitted Prior to the commencement of these works a scheme for these shall have been submitted to and approved in writing by the local planning authority Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

21 Development shall be carried out in accordance with the following plans OS Map and Block Location Plan PS00 received 20 September 2011 Existing site survey - TRI-0669-01received 29 July 2011 Existing site survey - TRI-0669-04 received 29 July 2011 Existing site plan PS01 received 18 July 2011 Existing site plan sheet 1 of 2 PS03 received 18 July 2011 Existing site plan sheet 2 of 2 PS04 received 18 July 2011 Proposed site plan PS02A received 20 September 2011 Proposed site plan sheet 1 of 2 PS05 received 18 July 2011 Proposed site plan sheet 2 of 2 PS06 received 18 July 2011 Sections Mound 127004C received 20 September 2011 General Arrangement 1of 2 (Mound) 127002A received 20 September 2011 Planting Plan 127005B received 20 September 2011 Existing Floor Plan Sheet 1 of 2 PS07 received 18 July 2011 Existing Floor Plan Sheet 2 of 2 PS08 received 18 July 2011 Proposed Floor Plan Sheet 1 of 2 PS09A received 20 September 2011 Proposed Floor Plan Sheet 2 of 2 PS010A received 20 September 2011 Existing and Proposed Elevations Sheet 1 of 2 PS13A received 20 September 2011 Existing and Proposed Elevations Sheet 2 of 2 PS14A received 20 September 2011 Proposed Dock Leveller Doors PS21A received 20 September 2011 Proposed roof plan sheet 1 of 2 PS11A received 20 September 2011 Proposed roof plan sheet 2 of 2 PS12A received 20 September 2011 Illustrative View 1 PS16 received 18 July 2011 Illustrative View 2 PS17 received 18 July 2011 Illustrative View 3 PS18 received 18 July 2011 Illustrative View 4 PS19 received 18 July 2011 Illustrative View 5 PS20 received 18 July 2011 Proposed Temporary Construction Access PS15 received 18 July 2011 Huntingdon RoadRam lane Off-site highway works RD10453a received 17 October

2011 Off-site Highway Works Ram Lane Bend Widening and Footway extension RD10454

received 17 October 2011 Huntingdon RoadRam lane Off-site highway works RD10453 received 17 October

2011

Development Control Committee 66 of 100 Date printed 9 November 2011

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS4 PPS9 PPG13 PPS23 PPS24 and PPS25the East Midlands Regional Plan policies 1 2 3 11 18 20 21 28 29 30 31 35 39 43 MKSM Northamptonshire SRS Northamptonshire 1 the North Northamptonshire Core Spatial Strategy 2008 policies 1 5 6 8 9 11 13 and 14 Rural North Oundle and Thrapston Plan policies 1 2 4 5 7 11 12 16 and THR4 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development including the economic development benefits of the proposal the impact on the landscape highway issues sustainability of the design the impact on neighbouring amenities contamination drainage and the need for communityinfra-structure contributions The application has been approved as

1 The economic development benefits of the proposals outweigh the impact on the landscape arising from removal of the bund and existing vegetation

2 Whilst the loss of the existing vegetation would have ecological implications mitigation works are proposed to the Titchmarsh Nature Reserve

3 There would not be an adverse impact on the highway network having regard to the proposed off-site highway works

4 The extension would meet the BREEAM standard very good 5 A condition can be imposed to require details of surface water drainage to be

submitted and approved 6 Whilst there is a landfill site nearby the waste that is disposed is inert and would not

effect the proposed development

2 The application site is less than 250m from the boundary of an operational landfill site and waste processing facility which is permitted by the Environment Agency The waste disposed at the landfill is classed as inert and as such should not have the potential to generate significant quantities of landfill gas

The operator of the landfill monitors landfill gas from perimeter boreholes as per the conditions on their environmental permit Results from this monitoring indicates the landfill is not producing gas in sufficient quantities that may pose a risk to the development However the applicant may wish to seek advice from a consultant experienced in these matters to ensure that the development can be delivered safely

3 No works within the existing adopted highway maintainable at public expense may commence without the express written permission of the Highway Authority This planning permission does not give or infer such permission The Highway Authority will only give consent to commence works subject to the completion of an Agreement under Section 278 of the Highways Act 1980 Full engineering drainage street lighting and constructional details will be required to process such an agreement Any details submitted will be subject to a technical and safety audit that may result in changes to the details of the rural route and junction etc required to discharge the relevant condition above

Attention is drawn to the implementation of the Traffic Management Act 2004 where a three month notice period to allocate road space (for works within the highway) is formally given prior to the commencement of works

Development Control Committee 67 of 100 Date printed 9 November 2011

Committee Delegated Report

Printed 26 October 2011

Case Officer Amie Baxter EN1101341FUL

Date received Date valid Overall Expiry Ward Parish 22 August 2011 26 August 2011 21 October 2011 Lyveden Brigstock

Applicant C And D Developments (Northants) Ltd - Mr C Rose

Agent Toby Pateman Architect

Location Land Adjacent Honey Bun Hill Newtown Brigstock Northamptonshire

Proposal Erection of 2 no new dwellings

This application has been brought before the Development Control Committee due to Members showing interest in this site previously and as Brigstock Parish Council have objected to the proposed development

1 Summary of Recommendation

11 That planning permission be GRANTED subject to conditions

2 The Proposal

21 The application seeks planning permission for an amendment to a previously approved scheme for the erection of two dwellings The proposed amendment is to insert a

number of rooflights in the roof slope of both dwellings

22 The proposed roof lights would measure 025 by 035 metres each and it is proposed to add roof lights in the following positions

Unit One (to the eastern side of the site) bull Two roof lights in the east (rear) roof slope bull Three roof lights in the west elevation (front)

Unit Two (to the northern side of the site) bull Two roof lights in the west (front) elevation bull Four roof lights in the east (rear) elevation bull One roof light in the south (side) elevation

23 The roof lights are proposed to allow the conversion of the roof space in both dwellings Planning permission is not required to convert the loft into habitable space

24 The two dwellings have been partially constructed in line with a previously approved application

3 Site and Surroundings

31 The site is positioned to the north side of Stanion Road on the western edge of Brigstock

Development Control Committee 68 of 100 Date printed 9 November 2011

32 To the north west of the site is a development of modern bungalows known as Swan Avenue and to the north east is Honey Bun Hill a detached bungalow sited at the top northern end of Newtown The application site abuts the southern garden boundary of Honey Bun Hill

33 Newtown is a narrow unmade private road which serves to access a row of terraced houses on its western side and a number of individual detached houses which have been developed in a piecemeal fashion The side garden boundary of 17 Newtown forms the southern boundary with the application site

34 Beyond the application site to the north is open countryside

35 The application site is accessed from Stanion Road via a long narrow track which runs adjacent to the garden boundaries of 16 and 18 Stanion Road The access runs to the west of a rectangular plot of land to the rear of the terrace row in Newtown (1 to 17 Newtown) This land is commonly referred to as the lsquopump stationrsquo site and has planning permission for two dwellings using the same access as the application site (EN0200802FUL and EN 0200318FUL)

36 The site slopes upwards from Stanion Road towards the northern boundary

37 The north west boundary of the site is marked by a close board fence a public footpath and a row of leylandii trees A close board fence runs around the property known as Honey Bun Hill and the southern boundary is comprised of a mix of leylandii and native hedging

38 The character of the area is residential composed of a range of dwelling styles with no one type dominating

39 Brigstock Conservation Area is some distance to the east of the application site

4 Policy Considerations

4 1 National Policy PPS1 ndash Delivering Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 East Midlands Regional Plan (RSS8) On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 13b ndash Housing Provision (Northamptonshire) Policy 14 ndash Regional Priorities for Affordable Housing Policy 17 ndash Regional Priorities for Managing the Release of Land for Housing Policy 48 ndash Regional Car Parking Standards Policy MKSM SRS Northamptonshire 1 Policy MKSM SRS Northamptonshire 2

Development Control Committee 69 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements

Policy 7 ndash Delivering Housing Policy 9 - Distribution and Location of Development

Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficient and Sustainable Construction

Policy 15 - Sustainable Housing Provision

44 Other Relevant Policy Three Towns Preferred Options document The Highway Authority Standing Advice for Planning Authorities Document July 2008 Planning Out Crime SPD ENC Developer Contributions SPD

5 Relevant Planning History

51 0602201OUT ndash Outline for residential development ndash Granted under delegated powers by 16 February 2007

52 0700827FUL- Two detached dwellings This application was refused under delegated powers but later allowed on appeal

53 0801134FUL- Residential development ndash Refused under delegated powers on 27 Aug 2008

54 0900116FUL- Residential development of 6 new dwellings Resubmission of EN0801134FUL Permitted by the Development Control Committee on 25032009

55 0800395FUL- Erection of two detached dwellings swimming pools access and other associated works Permitted by the Development Control Committee on 04062008

56 1000341FUL- Erection of two detached dwellings - amendment to EN0800395FUL) Permitted by Development Control Committee on 080910

6 Consultations and Representations

61 Neighbours No comments received

62 Brigstock Parish Council ndash Object on the following grounds bull The design of the proposed dwellings is overpowering especially considering the sitersquos

elevated position The design is also very urban which is out of character with the village location The design would not mellow with age

bull The scale of the dwellings is wrong bull The right of way to Swan Close has been blocked off to allow an extension to the

garden of the dwelling on the neighbouring site (currently under construction) This is a symptom of overdevelopment

63 Highways Authority No objection

64 Ramblers Association No comments to make

7 Evaluation

71 The main considerations in the determination of this proposal are the principle of development design and visual impact and impact on neighbouring properties

Development Control Committee 70 of 100 Date printed 9 November 2011

72 Principle of development

721 The principle of development for two dwellings on this site was established by the previous application (1000341FUL) permitted at Development Control Committee on 08092010 The relevant national and local policy has not changed since the previous application was approved and therefore officers have no reason to alter their view of the proposed development

722 As the only difference between the previously approved scheme and the one put forward with this application is the insertion of a number of velux roof lights only the impact of the roof lights needs to be considered

723 It should also be borne in mind that the occupiers of the two dwellings could add roof lights without the need for planning permission once the dwellings are built

724 Not all of the previously approved conditions are recommended as part of this report to save duplication of the previous permission where it is clear that the dwelling has already been built in accordance with the previously approved plans

73 Design and Visual Impact 731 The design and visual impact of the two dwellings was considered during the previously

approved application and was found by members to be appropriate The comments from Brigstock Parish Council are noted but given that they make no specific comments regarding the proposed roof lights and as the two dwellings have already been approved their comments are not relevant to this proposal

732 Given the elevated positioning of the plot the roof of each of the proposed dwellings would be visible from outside the site However as the proposed roof lights would be small and positioned in line with the angle of the roof the roof lights would not be overly dominant in a visual sense

74 Effect on neighbours 741 Given the nature of the proposed development and as no additional bulk would be

introduced there would be no overbearing impact or additional overshadowing on neighbouring occupiers

742 A condition is recommended to ensure that the roof lights are inserted with a minimum cill height of 16 metres to avoid any additional overlooking

80 Other Issues 81 None relevant

9 Conclusion

91 In recommending this application for approval the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application is recommended for approval as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 71 of 100 Date printed 9 November 2011

10 Recommendation

101 It is recommended that the application be GRANTED subject to the following conditions

11 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Before commencement of the development hereby permitted details of the provision of screening to all boundaries of the site shall be submitted to and be approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erected and shall include details of boundary screening along the northern boundary which shall be erected in a manner which would provide privacy for the occupiers of Honey Bun Hill This boundary screening shall then be provided in accordance with the details so approved before the building is first occupied and shall thereafter be retained in perpetuity

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

3 Pedestrian visibility splays of 24m x 24m (20 metre x 20 metre if turning space is available within the site) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) no windowsdormer windows other than those expressly authorised by this permission shall be constructed on the side elevations of the proposed dwellings All windows serving bathrooms shall be obscure glazed in a manner which would prevent overlooking and fitted with top hung casements which are incapable of being opened further than 100mm

Reason To protect the residential amenity of neighbouring occupiers

5 No development shall take place until there has been submitted to and be approved in writing by the Local Planning Authority a comprehensive scheme of landscaping for the site which shall be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development unless otherwise agreed in writing by the Local Planning Authority The landscaping scheme shall include the retention of the existing trees along the eastern and southern boundary of the application site and those trees shall thereafter be retained unless agreed in writing by the local planning authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

6 All planting seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the building(s) or the completion of the development whichever is the sooner Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 72 of 100 Date printed 9 November 2011

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

7 Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy satisfying the requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy shall be submitted to and be agreed in writing by the Local Planning Authority and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

8 The rooflights hereby approved in the shall be provided at a minimum sill height of 16 metres and shall thereafter be retained in this manner unless otherwise approved in writing by the local planning authority

Reason In the interests of residential amenity

9 The works hereby permitted shall be carried out strictly in accordance with the approved plans (50-09-00 50-09-05 A 04-11-05B 04-11-01B 04-11-02B received on the 22082011 ) unless otherwise agreed in writing by the local planning authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application has been approved as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings

bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 73 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 27 October 2011

Case Officer Anna Lee EN1101447REM

Date received Date valid

Hill 12 September 2011 29 September

Overall Expiry 2011 24 November 20

Ward 11 Fineshade

Parish Easton-on-the-

Applicant Mr P Bee

Agent Mr J Moses

Location 33 Westfields Easton On The Hill Stamford Northamptonshire PE9 3LY

Proposal Reserved matters Development of land ro 31 and 33 Westfields for the provision of 4 dwelling houses with new access road Demolition of current garage and relocation of No33 to allow access road pursuant to application EN0901133OUT dated 31209

The application has been brought to Development Control Committee because the proposal falls outside of the 2010 Scheme of Delegation as it is for more than one residential unit within a Restricted Infill Village and because of the history of the site The original outline planning application EN0901133OUT was approved by committee on 02122009 and a copy of the previous report to committee is appended to this report

1 Summary of Recommendation

11 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and subject to conditions

2 The Proposal

21 Outline planning permission was granted for the construction of four dwellings on the site with all matters reserved under reference EN0901133OUT This application seeks reserved matter approval for access layout scale appearance and landscaping etc

22 The proposal is for four detached two storey dwellings comprising of one three bedroom property two four bedroom properties and one five bedroom property Three of the dwellings would have garages (plots 1 2 and 3) and a separate detached garage is proposed to serve the existing property no33 Westfields A new access road is proposed off Westfields to serve the proposed new dwellings and the existing property

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary The property benefits from a detached garage located on the side of the main house It is proposed that this garage would be demolished in order to provide space for the proposed new access road

Development Control Committee 74 of 100 Date printed 9 November 2011

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

34 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 ndash Biodiversity and Geological Conservation PPG13 ndash Transport PPS24 ndash Planning and Pollution Control PPG24 ndash Planning and Noise

42 East Midlands Regional Plan March 2009 On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 45 ndash Regional Approach to Traffic Growth Reduction Policy 48 ndash Regional Car Parking Standards

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution amp Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan (RNOTP) 2011 Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 6 ndash Residential Parking Standards

45 Supplementary Planning Guidance Planning Out Crime in Northamptonshire Feb 2004

46 Supplementary Planning Document Design SPD March 2009

47 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Development Control Committee 75 of 100 Date printed 9 November 2011

5 Relevant Planning History

51 Planning permission has been granted for other residential development on land to the east of the site A residential scheme comprising 10 affordable housing units was granted on the land to the rear of nos 9 to 21 Westfields under reference EN0800284FUL on 11062008 This scheme has been built and is now known as lsquoThe Bramblesrsquo

52 More recently Development Control Committee came to a resolution on 14042011 to grant planning permission for the construction of eight dwellings on land rear of nos 28 30 And 32 Western Avenue under reference EN1001183OUT This application is currently pending a legal agreement

6 Consultations and Representations

61 Neighbours Any comments received will be added to the committee updates

62 Easton on the Hill Parish Council Any comments received from the parish council will be added to the committee updates

63 Crime Prevention Officer (Northamptonshire Police) no objection The officer recommends that conditions be imposed to require (1) the submission of lighting details (2) boundary screening details and (3) details to ensure that the windows and doors of the new dwellings are fitted to secure standards

64 Environmental Protection Officer no objection However conditions are recommended (1) to control the demolition construction and delivery hours (limited to Monday to Friday 0800am to 1800pm Saturday 0830am to 1300pm and at no time on Sundays or bank holidays) (2) details of how dust would be controlled particularly during the demolition works (3) and an informative to advise that any asbestos found during demolition should be removed in a safe manner and be disposed of to an appropriately permitted facility

65 Site notice posted no other representations received

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 The principle of residential development at the rear of the properties along Westfields and Western Avenue has been established by the 10 affordable housing units built at the rear of numbers 9 to 21 Westfields (granted under reference EN0800284FUL) and another development of eight dwellings has been recently granted at land rear of 28 30 And 32 Western Avenue (under reference EN1001183OUT)

722 The principle of residential development on this site was established by the original outline planning permission EN0901133OUT The site was considered suitable for residential development because it lies within the built up part of Easton on the Hill and lies close to existing residential development and other local services Therefore only the following details are relevant to this reserved matters application access layout scale appearance landscaping parking impact on neighbour amenity and sustainable construction and energy efficiency These are discussed in turn below

Development Control Committee 76 of 100 Date printed 9 November 2011

73 Access

731 The application proposes the construction of a new access road in the position of the existing vehicular entrance so that access could be created off Westfields to serve the proposed new dwellings and the existing property no33 Westfields The local highway authority (NCC) carried out a detailed assessment of the proposed access road during the outline application and was satisfied with the creation of a new access road in the proposed location The proposed access road measuring more than 45 metres in width for the first 10 metres back from the highway boundary would allow sufficient room for vehicles to pass without conflict and would meet the NCC requirements for a shared access NCC has previously recommended that pedestrian visibility splays measuring 20 metres by 20 metres and vehicular visibility splays measuring 430 metres by 430 metres be provided on both sides of the vehicular access The agent has been requested to provide further drawings to clearly show these visibility splays Therefore providing satisfactory drawings are received to show these details the proposal would comply with NCC highway requirements

732 NCC have been consulted on this reserved matters application and the highway officerrsquos comments on the design and layout of the proposed new vehicular entrance and access road will be added to the committee update sheet

74 Layout

741 The proposed dwellings would be positioned to follow the orientation of the existing surrounding dwellings (along Westfields Western Avenue and The Crescent) and are arranged so that they would face onto an enclosure formed by the proposed access road and the front gardens of the proposed dwellings Each property would have a private driveway served off the access road and these would lead to a garage proposed for three of the properties (plots 1 2 and 3) The rear garden of the proposed dwellings would lsquoback-onrsquo to the rear gardens of the existing surrounding properties The rear gardens proposed for the dwellings each measuring approximately 13 metres by 10 metres in area would provide sufficient private amenity space to serve the future occupiers of the proposed dwellings As mentioned in the original outline application given the fact that the gardens of the existing surrounding properties all vary in layout and sizes and with some being similar in size than those proposed in this development the gardens proposed for the new dwellings would be acceptable

75 Scale and Appearance

751 As the area is characterised by two-storey houses condition 5 was imposed on the outline planning application to require that the proposed dwellings be limited to a maximum height of two storeys although it would be possible for the dwellings to have rooms in the roof Plots 2 3 and 4 are all two-storey properties with no rooms in the roof Whilst plot 1 is designed slightly taller than the other proposed dwellings and has two rooms in the roof this property would have the appearance of a two-storey property This is because this dwelling is designed with low eaves (measuring 50 metres) a low ridge (measuring 99 metres) and would not have any windows in the roof Therefore the proposed development would be in-keeping with the scale of the surrounding development

752 In terms of appearance the proposed dwellings are designed to look similar to each other but with also slight variations The buildings are designed with lean-to facing roofs small front porches (for plots 1 3 and 4) a two storey gable end on one plot (plot 2) and with the exteriors half covered in render and half in brickwork The overall design of the properties would generally be in-keeping with the existing surrounding houses and providing suitable materials are used in the construction of the properties the scheme would add an interesting and modern variation to the area

Development Control Committee 77 of 100 Date printed 9 November 2011

76 Landscaping

761 The submitted lsquoproposed landscape layoutrsquo drawing (drawing number JWMPB022) shows that the existing hedges and shrubs along the east and southwest boundaries of the site would be retained and new trees would be planted within the front and rear gardens of the proposed dwellings Also low level shrubs are proposed to be planted along the western boundary adjacent to the proposed access road and within the garden of no33 Westfields These proposals would help to enhance the landscaping within the development as well the appearance of the surrounding area

762 In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the boundaries of the site and within the neighbouring gardens conditions requiring the submission of tree protection details and an arboricultural method statement were recommended on the outline planning permission Therefore it would not be necessary to repeat these conditions should the council decide to grant the reserved matters application

77 Parking

771 Policy 6 of the RNOTP states that an average maximum residential parking standard of two spaces per dwelling will apply for the plan area In accordance with the requirement of this policy there would be room for parking of at least two vehicles within the curtilage of each of proposed dwelling There is room for parking along the driveways proposed at the side of plots 1 2 and 3 and in front of plot 4 and also within the garages proposed to serve plots 1 2 and 3 Also a double garage and parking area is proposed at the rear of no33 Westfields and this would provide sufficient parking for the existing property

78 Neighbour Amenity

781 The proposed dwellings at a distance of over 30 metres would be sufficiently positioned away from the residential properties to the north at Westfields and to the west at The Crescent (in particular numbers 29 31 and 33 Westfields and numbers 1 3 5 17 19 21 23 The Crescent) The new garage proposed for no33 Westfields and plots 1 and 2 would be positioned close to the outbuilding located within the rear garden of no31 Westfields However given that the neighbouring building is only used for storage there would be no undue harm on the neighbouring occupiers

782 Plots 3 and 4 would be positioned between 25 to 30 metres away from the neighbouring properties to the south (numbers 38 36 and 34 Western Avenue) There would be no significant overbearing overshadowing or overlooking impact on these properties due to this distance Furthermore no windows are proposed in the south side of plot 3 However in the interest of preventing overlooking on the neighbouring garden of no38 Western Avenue and plot 4 in the future a condition is recommended to require that no new windows be created in the south side of plot 3 in the future

783 Plot 4 would be positioned 15 metres away from no32 Western Avenue Due to this distance and the fact that the proposed dwelling would be positioned at an angle away from the neighbouring property on the northern side it would be extremely difficult to justify a refusal of planning permission on the basis of overbearing or overshadowing on this neighbouring property A toilet window is proposed at the first floor of plot 4 on the side closest to no32 Western Avenue Providing it be conditioned that this window is fitted with obscure glazing this would help to prevent overlooking on the neighbouring property

Development Control Committee 78 of 100 Date printed 9 November 2011

784 The submitted landscaping plans do not clearly show the treatments proposed along the boundaries to the surrounding properties Whilst the submitted plans identifies lsquoexisting mixed hedging and shrubsrsquo along the east and western boundaries it is difficult to establish how high the retained hedge would be and whether this would offer sufficient screening to the surrounding neighbouring gardens and the gardens of the proposed dwellings Also apart from the proposal to retain and plant new trees along the southern boundary of plots 3 and 4 the submitted drawings do not provide details of the boundary treatment proposed for the rear southern boundaries to the properties along Western Avenue Therefore in the interest of safeguarding the privacy of the existing surrounding occupiers and the future occupiers of the proposed dwellings conditions are recommended to require the submission of further boundary treatment details for approval before commencement of development

785 Low level shrubs and an open 1 metre high picket fence is proposed along the west and southern boundaries of no33 Westfields There are concerns that these would not provide sufficient screening for the rear garden of the existing property Therefore in the interest of safeguarding the privacy and residential amenity of the occupiers at no33 Westfields a condition is recommended to require the submission of further boundary screening details for approval

786 The proposed dwellings are sufficiently positioned away from each other such that there would be no undue overbearing or overshadowing impact between the properties A first floor bedroom window has been proposed in the north side of plot 3 which would directly face onto the front windows of plots 1 and 2 In order to prevent overlooking between the proposed dwellings the agent has been requested to remove the first floor bedroom window proposed in the north side of plot 3 Any amended drawings received will be reported in the committee updates Furthermore a condition is recommended to require that no new openings be created in the north side of plot 3 in the future

787 The conditions recommended by the Environmental Protection Officer to control delivery demolition and construction hours and require the submission of a dust control details would help to safeguard the residential amenity of the surrounding occupiers Overall the recommended conditions would help to minimise the impact of the proposal on the surrounding neighbours

79 Sustainable Construction and Energy Efficiency

791 Policy 14 of the NNCSS requires new development to incorporate techniques of sustainable construction provision for waste reduction and recycling and water efficiency and recycling and a condition has been imposed on the outline planning permission which requires the submission of a sustainable strategy before commencement of development (condition 20) The application is accompanied by a document which details the works proposed to be carried out to the individual properties However due to the lack of information provided to demonstrate how the development would meet the requirements of this policy an informative is recommended to remind the applicant about the requirements of condition 20 which has not been satisfied by the information submitted as part of this reserved matters application

8 Other issues

81 Levels ndash Condition 6 of the outline planning permission requires the submission of slab level details at the reserved matters A drawing has been submitted to show the existing and proposed level changes across the site and the levels at which the proposed dwellings and garages would be constructed (drawing number JWMPB024A) Given that the levels within and surrounding the site are relatively consistent the proposed level changes are relatively minor and do not appear to raise any significant issues

Development Control Committee 79 of 100 Date printed 9 November 2011

82 Drainage ndash Condition 9 requires the submission of foul and surface water drainage details These proposals are shown on drawing number JWMPB024A and detailed in the submitted Drainage and Waste Disposal Strategy The applicant has given sufficient consideration to drainage for the purpose of this planning application and the drainage proposals would be further assessed as part of Building Regulations

83 Crime and disorder ndash No33 Westfield and no1 The Crescent would provide natural surveillance for the access road and the proposed dwellings would provide natural surveillance for each other within the development However in the interest of the residential amenity of the future occupants and to reduce opportunities for crime and the fear of crime during the evenings conditions are recommended to require the provision of lighting along the main access road and within the development and that details be submitted to ensure the security of the windows and doors

84 Refuse ndash The submitted plans show that a small area would be provided within the front garden of no33 Westfields for the storage of refuse and recycling bins The agent has been requested to enlarge this area so that sufficient space could be provided for bin storage towards the front of the access This matter would be further discussed in the committee updates and any amendments received will be reported in the committee update sheet

9 Recommendation

91 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and the following conditions

10 ConditionsReasons -

1 Prior to the commencement of the development hereby permitted details and a sample of the proposed facing brick(s) and roof tile(s) to be used for the construction of the dwellings and garages hereby permitted shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

2 Prior to the commencement of the development hereby permitted details of the colour and finish details of the render to be used on the exterior of the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order) no windows or other form of opening shall be inserted in the south and north facing elevations of plot 3 hereby permitted

Reason To ensure adequate standards of privacy for neighbours and occupiers

4 Before plot 4 hereby permitted is first brought into occupation the first floor en-suite window in the south facing elevation shall be fitted with obscured glazing to a minimum level of obscurity to conform to Pilkington Glass level 3 or equivalent and this obscure glazing shall thereafter be retained permanently

Reason To ensure adequate standards of privacy for neighbours and occupiers

Development Control Committee 80 of 100 Date printed 9 November 2011

5 Notwithstanding the submitted details and prior to the commencement of the development hereby permitted details of the provision of screening to the eastern western and southern boundaries of the site (to the properties along Western Avenue and The Crescent) shall be submitted to and approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erectedretained This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

6 Notwithstanding the details shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) alternative boundary treatment for the west and southern boundaries of no33 Westfields shall be submitted to and approved in writing by the Local Planning Authority This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings hereby approved and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

7 The planting seeding and turfing proposals shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) and any subsequent planting proposals approved in writing by the Local Planning Authority under conditions 5 and 6 above shall be implemented in the first planting season following the first occupation of plots 1 2 3 and 4 unless otherwise agreed in writing by the Local Planning Authority Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

8 Prior to the first occupation of the dwellings hereby permitted the vehicular accesses to the public highway and parking facilities shown on the submitted plans to serve the development shall have been completed and brought into use and be thereafter retained unless otherwise agreed in writing by the local planning authority

Reason In the interest of highway safety

9 Deliveries demolition or construction works shall be not be carried out except between the hours of 0800am -1800pm Mondays to Fridays 0830am ndash 1300pm on Saturdays and at no time on Sundays or Bank Holidays unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of residential amenity

10Prior to the commencement of any demolition work or other development on the site a method statement for the control of dust during demolition and construction shall be submitted to and approved in writing by the Local Planning Authority The works shall thereafter be implemented in accordance with the scheme so approved unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 81 of 100 Date printed 9 November 2011

Reason In the interests of residential amenity the orderly development of the site and to protect the environment

11Details of a scheme of lighting for the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development This shall include full details of the type of lighting number exact location and level and type of illumination The scheme shall thereafter be implemented in accordance with the details so approved prior to the first occupation of the dwellings unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

12A scheme to ensure the security of all of the ground floor doors and windows and easily accessible first floor doors and windows of the dwellings hereby approved including details of any secure standards shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be carried out in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

13 The development hereby permitted shall be carried out strictly in accordance with the approved plans plans received by the Local Planning Authority on 12 September 2011 drawing numbersJWMWH025 JWMPB02B JWMPB021 JWMPB22 JWMWH016 JWMWH017 JWMWH015 JWMPB010 JWMPB009 JWMPB011 JWMPB005 JWMWH008 JWMPB002 JWMPB001 JWMWH003 JWMWH004 and drawing numbers JWMPB006A and JWMPB024A received by the Local Planning Authority on 29 September 2011 unless otherwise agreed in writing by the Local Planning Authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 The additional information to which this decision relates is as follows Information received by the Local Planning Authority on 12 September 2011

lsquoSpecification for Works To Be Carried Outrsquo and Tree Survey

2 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 PPS9 PPG13 PPS23 and PPG24 Policies 1 2 3 45 48 of the East Midlands Regional Plan 2009 Policies 1 9 10 13 and 14 of the North Northamptonshire Core Spatial Strategy 2008 Policies 1 and 6 of the Rural North Oundle and Thrapston Plan 2011 Design SPD 2009 Planning Out Crime in Northamptonshire 2004 and Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of development accesshighway impact layout scale appearance landscaping parking impact on neighbouring amenities and sustainable construction

Development Control Committee 82 of 100 Date printed 9 November 2011

------------------------------------------------------------------------------------------------------------------------

The application has been approved as

1 The principle of the development is acceptable and is consistent with the development plan and guidance contained in national planning policies

2 The proposal would not harm visual amenity or the character and appearance of the area

3 The proposal would not have any significant access issues or an unacceptable impact on the local highway

4 The proposed layout scale appearance and landscaping proposals are acceptable 5 The proposal would not result in an unacceptable loss or harm to trees 6 The proposal would not have a significant impact on the amenities of neighbouring

occupiers or the amenity of the area 7 The proposal would meet the sustainable construction and energy efficiency

standards

A full report is available on the Councilrsquos website wwweast-northamptonshiregovuk

3 The applicant is advised that any materials containing asbestos should be safely removed and disposed off to an appropriately licensed waste management facility

4 Unfortunately the information submitted as part of this reserved matters application does not address condition 20 of outline planning permission number EN0901133OUT The applicantrsquos attention is drawn to the requirements of this condition

5 Please note that an application to discharge the above conditions will be required Please ensure that you allow sufficient time for your application to be determined prior to implementing your permission An approximate timescale of 8 weeks is required For full details please visit httpwwweast-northamptonshiregovukconditions

APPENDIX 1 Report to Development Control Committee 02122009 ------------------------------------------------------------------------------------------------------------------------

The application has been brought to Development Control Committee in accordance with the 2006 scheme of delegation as the proposal relates to more than one residential unit within a Restricted Infill Village (formerly classified by policy H10 of the local plan) In addition the Parish Council has objected on grounds that the access to the development would be dangerous

1 Summary of Recommendation

11 That permission be GRANTED subject to conditions

2 The Proposal

21The application seeks outline planning permission for the erection of four dwellings on the site All matters including access siting external appearance landscaping etc are reserved

22 Whilst all matters are reserved the submitted Design and Access Statement explains that the existing access which serves No33 Westfields would be widened and used to the serve the development and the garage located to the side of No33 Westfields would be demolished to accommodate the new vehicular access route These proposals are shown on the submitted indicative layout drawings

Development Control Committee 83 of 100 Date printed 9 November 2011

23 In addition the submitted Statement confirms that the dwellings will be for market housing and the housing mix is of a mixture of three four and five bedroom properties as the submitted statement states ldquoThe floor area of the dwellings will range from 1300 sqft giving a total of approximately 546m2 (5869sqft) and be 1 No 3 bed 2 No 4 bed and 1 No5 bed homesrdquo The Statement also advises that ldquoIt is intended that these would be of ground and first floor construction with some possibility of utilising the roof spacerdquo

24 The maximum scale parameters have been confirmed by the agent in an email dated 26102009 as follows

Plot 1 maximum width 9 metres maximum length 9 metres maximum height 10 metres to the ridge and 55 metres to the eaves

Plot 2 maximum width 10 metres maximum length 10 metres maximum length 10 metres maximum height to the ridge 95 metres and 55 metres to the eaves

Plot 3 maximum width 85 metres maximum length 9 metres maximum height to the ridge 9 metres and 55 metres to the eaves

Plot 4 maximum width 8 metres maximum length 8 metres maximum height to the ridge 85 metres and 55 metres to the eaves

25 An amended drawing was received on 16th September 2009 to address the concerns of the Local Highway Authority (see paragraph 64 below for full details)

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden curtilage by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary and this access currently leads to a detached garage located on the side of the main house

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

32 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

Development Control Committee 84 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Supplementary Planning Guidance Parking SPG March 2003 Planning Out Crime in Northamptonshire Feb 2004

45 Rural North Oundle and Thrapston Plan (emerging policy) The Rural North Oundle and Thrapston Plan went through an examination process in 2008 and 2009 Following this examination on 8 July 2009 the Inspector found the document sound However as yet the Council has not adopted the Plan as a Development Plan Document as such the Council is still treating the document as emerging policy The relevant policies in the RNOTP include

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

46 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008 Design SPD March 2009

5 Relevant Planning History

51 A residential scheme comprising 10 social housing units was granted on the land to the rear of numbers 9 to 21 Westfields under reference EN0800284FUL on 11062008 At the time of the application this site was known as Land between 6 and 16 Porters Lane Access to the site was provided In this application from the front of no15 Westfields

52 Previous applications proposing a bungalow and one or two dwellinghouses on the site were refused under planning reference 660008QTR on 14101966 and 6300067OTR on 05031964 respectively

53 Extensions and alteration have been permitted to the property No33 Westfields and these are listed below

- EN0000893FUL Detached double garage (revised scheme) Permitted 06122000

- EN0000091FUL Two storey rear extension and detached double garage Permitted 06042000

54 Extensions and alterations have also been permitted to no31 Westfields and these are listed below - EN9900406FUL Single storey rear extension Permitted 05081999

6 Consultations and Representations

61 Neighbours 18 neighbour letters received and the contents are summarised below

2 Baxters Lane Objection The neighbour considers the road to be busy and narrow with cars parked along on the road and on the grass The neighbour comments that ldquoThe area is densely populated On top of this is the only access to the Cricket ground and playing fields as well as serving the only village shoprdquo The neighbour is concerned that as the affordable housing scheme has yet to be implemented the development

Development Control Committee 85 of 100 Date printed 9 November 2011

would further increase traffic damage trade to the shop and increase the risk of accidents ldquoespecially the children of the village who use this only route to the playing fieldsrdquo

33 Church Street Objection The neighbour is concerned about road safety The existing site is considered to be on already dangerous corner and that the development would add permanently to this hazard

51 West Street Objection The neighbour is concerned about the proposed access The proposed access is considered to be too narrow and in itself a hazard In addition the corner of the site adjoins a lane which provides access for farm vehicles to the fields and access for pedestrians attending the cricket club and playing field further down the lane ldquoThe corner junction also provides access to the allotments and is used as a turning point by those frequenting the Post Office at the bottom of Westfieldsrdquo The neighbour is also concerned about parking as Westfields is often parked with vehicles at peak times and considers the situation to worsen once the scheme already granted for the 10 dwellings further along the road is complete The neighbour considers that a traffic survey taken in the morning and also late afternoon may better reflect the activity of the local area

1 Westfields Objection The neighbour feels that the area is already overdeveloped The neighbour advises that there is already traffic in the area from the rest of the village using the post office and shop and there are large farm vehicles using the road to get to the land west of the village where large vehicles have problems passing because of the parked cars The neighbour considers the main issue to be the entranceexit road on the corner of The CrescentWestfields which appears very dangerous and vehicles travel quite quickly at times

23 Westfields Objection In addition to the concern of increased traffic problems the neighbour is concerned about the increase in strain to their sewerage system and water supply as the area is experiencing a low water pressure problem

38 Westfields Objection on grounds that the road would exit onto a very busy and dangerous corner ldquoThere cars parked on the corner on both sides add to this that on a sunny day when you come from the Cresent direction the sun shines in your eyes and it is very difficult to see traffic coming up Westfields ndash mostly on the wrong side of the roadrdquo

40 Westfields Objection due to loss of privacy to neighbours and due to the development being a cramped form of development The neighbour is concerned that the development is situated on a busy corner which in itself would be dangerous and will impact seriously on parking by existing residents and also increase traffic especially during development

42 Westfields Objection The occupants have lived in Westfields from when the first homes were built The neighbour feels that the houses will be too crammed into the garden space of the two properties There are concerns about parking as few homes have off-road parking and there are many vehicles parked on the roadside The neighbour comments that ldquoThe Crescent and the entrance to the Drift I believe this to already be a road safety hazard and would like to see speed ramps in use Extra traffic four homes could mean at least 8 extra vehicles trying to pull out onto Westfields at this point would create hazards for traffic using using Westfields as a link in either directionrdquo In addition to road traffic the neighbour is concerned about the safety of pedestrians and local school children

Development Control Committee 86 of 100 Date printed 9 November 2011

44 Westfields Objection It is believed that this proposal would cause numerous problems to local residents including the loss of privacy and a cramped form of development The neighbourrsquos major concern is that the proposed entranceexit to this development is to be situated on a busy corner in which the neighbour considers dangerous and will impact on parking by existing residents and increase traffic especially during development

46 Westfields Objection ldquoThe main basis for this Objection is the impact this proposal will have on traffic flows and road safety along with the assertion by the proponent of the scheme that Easton on the Hill is a lsquoSustainable Communityrsquordquo The other concerns are summarised below

bull Traffic ndash The neighbour notes that a Traffic Audit has been submitted to provide some information on the current traffic flows along Westfields However the neighbour comments that this was conducted over one weekday and only between the hours of 10am and 2pm ldquoThe traffic survey did not cover commuter traffic ie those people driving to and from work and did not cover any weekend period at allrdquo The neighbour requests the Council to consider whether this survey is adequate to inform decision making

bull The cumulative impact from the proposed development with other developments in the vicinity on traffic and road safety

bull The proximity of the proposed access to the road bend and reduced visibility for drivers The development increases the risk of accidents to other road users and pedestrians in particular school children and young people

bull No33 currently has two entrances which they can use The parking of vehicles outside would obstruct both entrances

bull The neighbour is concerned that public parking would be restricted along this stretch of Westfields ie by the imposition of double yellow lines and considers this to be detrimental to the other residents and visitors

bull The neighbour considers the idea of lsquosustainable communityrsquo to be questionable as the new residents of the development will also use cars

bull The neighbour refers to Policy 2 of the RNOTP and questions whether the existing local services ie shops and schools would cope with the extra demand

bull The proposal increases the density of dwellings on the same area of land

48 Westfields Concerns are raised about the highway impact of the development ldquoAlready traffic comes down from The Crescent onto Westfieldrsquos (which is quite a sharp corner) as far too fast a speedrdquo and the damage caused to parking cars by the moving traffic The neighbour advises that the playing field already generate a lot of traffic In addition the neighbour is concerned about sewerage problems

3 The Crescent The neighbour advises that there is already a parking problem in the area where the roads are congested The submitted Traffic Survery does not take into account the busiest times of the day and pedestrian movement Concerns are raised on how emergency services will access the properties In addition the neighbour comments that there are already vacant houses for purchase in the recent development on Porters Lane and the submitted plans do not identify this development The submitted pictures shows no cars parked opposite the entrance and regularly there are at least 3 cars parked

16 The Crescent Objection Concerns raised on traffic from the farm The Close Western Avenue and Porters Lane and the danger on children who play in the area in the evenings

Development Control Committee 87 of 100 Date printed 9 November 2011

22 The Crescent Objection Concerns raised on traffic from local residents cricket club football field local shops and allotments and that the development would further increase traffic volume and harm local safety The access would adjoin onto Westfields at a corner which is currently unsafe and would increase the likelihood of accidents In the winter months the road is not gritted there have been accidents in the past and the proposed access road would increase danger to local residents

23 The Crescent no objection providing the houses are as stated in the application of two storey (ground and first floor) houses and not three storey town houses objection otherwise

14 Western Avenue The neighbour comments that the proposed driveway would be close to the road corner and the road corner is also the junction with the access lane to the local playing fields used by pedestrians children sports people and farm vehicles The allotments are also at this junction and there is currently no parking for the allotments These properties are considered to generate 15 cars and the neighbour questions whether this driveway can be considered a reasonable access In addition concerns have been raised on emergency vehicle access rubbish collection ldquoA single driveway would mean congestion on Westfields and The Cresent when a car wants to turn in if one was on the drive waiting to come outrdquo The traffic survey carried out for the times between 10am and 2pm hardly shows average usage ldquoCars that have been to the Post Office at the bottom of Westfields use the junction area as a turning point to go back down Westfields rather than go round The Crescent and Western Avenuerdquo ldquoWould the type of house being built actually be of benefit to the village there are still properties of this type for sale in the development on Porters Lane yet affordable housing for the village is required to either bring families into the village that will use the village school or provide single-storey accommodation for the elderlyrdquo The traffic from the recent development of 10 houses and other local traffic will need to be taken into consideration Parking is already a problem in the area as there is limited off-road parking and Westfields is particularly difficult to drive down because of the on-street parking

34 Western Avenue Objection The reasons are summarised below

bull Visual impact and in particular the spacious and rural appearance of the estate and the development would be a dominant feature

bull The development would be cramped and overdeveloped bull Plot 4 will overlook directly on the neighbours property and garden and affect the

neighbourrsquos view of the lsquorural aspectrsquo bull Loss of privacy ndash There is currently not a row of trees to the neighbouring boundary

Any trees planted would be so close to cause light problems to Plot 4 as this would be on the southern side of the property

bull Loss of light and overbearing from Plot 4 bull Harm to existing trees in particular the proposed driveway would impact on the tree

roots bull The tree canopies shown on the submitted drawing are inaccurate as they spread over

the boundary more significantly The existing vegetation is misinterpreted as trees bull Highway impact ndash The existing roads are narrow and care has to be taken with regard

to parked vehicles and oncoming traffic The submitted traffic survey was taken between 10am and 2pm but the village store and post office open between 7am and 7pm ldquoIn the mornings Porters Lane Western Avenue The Cresent and Westfields is used as a loop to drive to this shoprdquo and the traffic survey has not taken into account the 10 new houses built further down the road ndash estimated at being between 20 and 30 extra vehicles In addition the neighbour refers to the corner where Westfields and The Cresent meet and the traffic issues associated with the football pitch playing fields cricket club farm vehicles and allotments

bull Parking ndash would be a problem within the site there will be insufficient turningmanoeuvring space for vehicles to exit the site

Development Control Committee 88 of 100 Date printed 9 November 2011

bull Refuse ndash there are likely to be refuse problems as refuse lorries will not enter the site and refuse and recycling containers will have to be taken out to Westfields by the future occupiers

36 Western Avenue Objection

bull The access road to the development is situated close to the corner of Westfields and The Cresent and is unsafe and would increase the likelihood of accidents The proposal would intensify the use of the existing access from one to five and the visibility in the west direction is inadequate

bull The development would increase on-street parking where the existing road is narrow and has vehicles parked on both sides

bull Plot 4 would be positioned close to No34 and 36 Western Avenue and would be intrusive ldquoThe plan indicates trees directly behind plot 4 which are none existent only a low hedge existsrdquo

bull The neighbour is also concerned about noise due to the increase of vehicular movements and intensification of use of the site

bull The neighbour considers that the proposal would have an adverse affect on the character and appearance of the area would be a cramped form of backland development and would be over development of the site

bull Concerns have also been raised on the impact on nature conservation loss of wildlife habitat and loss of valuable green space within the estate

62 Parish Town Council objection ldquoon grounds that the access to the development proposal would be dangerousrdquo

63 Northamptonshire Crime Prevention Officer no objections subject to Northamptonshire Police being consulted on the full details during the submission of the Reserved Matters and in particular on the lighting scheme for the site The Crime Prevention Officer advises that Policy 13(b) of the Northamptonshire CSS states that ldquoSeek to Design out antisocial behaviour crime and reduce fear of crime by applying the principles of the Secured by Design Schemersquo and the Planning Out Crime in Northamptonshire SPG should be applied to the consideration of this application In addition the Crime Prevention Officer recommends that the homes should be built to attain the ACPO SBD Ltd ldquoSecured by Designrdquo award

64 Local Highway Authority The Highway Officer initially raised concerns that the visibility splay shown on the submitted drawing for the western side of the access was incorrect as third party ownership may prevent the implementation of the splays An amended drawing was later received to address the Local Highway Authorityrsquos concerns and the Local Highway Authority is now satisfied that sufficient information has been submitted to demonstrate that a vehicular access can be constructed in this location in accordance with the NCCrsquos adopted standards (see below for full details of recommendations)

65 Housing Strategy ldquoHousing Strategy does not support this application as the proposed type of housing will provide larger family dwellings and the need in the area is for smaller properties The provision of two bedroom houses for couples families or two bedroom bungalows for older people would be more appropriate Easton on the Hill has the highest percentage of older people in the District and the majority of these are owner occupiers The provision of bungalows would also mean less traffic congestion which seems to be a concernrdquo

Development Control Committee 89 of 100 Date printed 9 November 2011

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 PPS1 and PPS3 encourage the reuse of previously developed land and bearing in mind the sitersquos location within an existing settlement and a primarily residential area it is considered that the principle of residential development is acceptable

722 Easton on the Hill is classified as a lsquoCategory A Network Villagersquo in the Rural North Oundle and Thrapston Plan where there is scope for windfall development providing the development satisfies other criterias set in Policy 2 in terms of scale siting design has a satisfactory means of access and does not adversely affect the surrounding environment

723 Furthermore the principle of residential development to the rear of the properties along Westfields is already established by the recent development granted for 10 housing units to the rear of Nos9 to 21 Westfields under reference EN0800284FUL on 11062008 Therefore providing the development satisfies all other planning considerations (as listed above) it would be difficult for the Council to resist the development

73 Visual Impact

731 The application is in outline full details of the external appearance of the dwellings including their size positions and layout would be subject to a separate application and would be considered at the Reserved Matter stage

732 Whilst the application is in outline a layout plan has been submitted to provide an indicative illustration of the layout of the development and information has been provided by the agent to confirm the maximum scale parameters of the dwellings

733 In terms of layout it is considered that a housing scheme can be accommodated without detracting from the grain of surrounding development This is given that that the properties along Westfield follow a vertical pattern of development and the properties along The Crescent (to the west of the site) follow a horizontal pattern of development In addition whilst the properties along Westfields (that back onto the site) are located on more spacious plots and have longer and larger rear gardens the gardens of the properties along Western Avenue and some of those along The Crescent have much shorter and smaller gardens Given the surrounding mixture of garden layout and sizes it is considered that the development can potentially be accommodated without resulting detriment to the surrounding pattern of development and can be laid out without appearing too cramped

734 In terms of the height of the development a two-storey house measures approximately 8 metres in height to the ridge and the maximum height specified for the dwellings is between 85 to 10 metres in height The proposal is to have two-storey housing development with second floor accommodation provided in the roof and the maximum eaves height parameters of 50 to 55 metres stated by the agent would reflect this Given that the surrounding development is mainly two-storeys high and the fact that the dwellings would be barely visible from the main road it is considered that there will be no significant visual impact from this proposal

Development Control Committee 90 of 100 Date printed 9 November 2011

735 Based on the submitted information it is considered that the dwellings can be accommodated on this site without resulting harm to the character and appearance of the area A condition to require that the dwellings be two-storeys high and have a maximum ridge height of 100 metres (55 to the eaves) however is recommended in the interests of the character and appearance of the area to preserve neighbour amenity and to ensure that the development is carried out in accordance with the submitted proposals

736 Comments were received from neighbours raising concerns that the development would result in the loss of valuable open green space which lies to the rear of the properties The site currently forms the private rear gardens of Nos31 and 33 Westfields and given that this space is mostly concealed away and is not visible from public viewpoints it is considered that this space does not offer sufficient amenity value and therefore there is insufficient justification for the Council to prevent development on the site

74 Neighbouring Amenity

741 The submitted indicative layout plan demonstrates that the dwellings can be positioned within the site without resulting in an undue overbearing overshadowing or overlooking effect upon the occupiers in the residential properties nearest to the site including numbers 31 and 33 Westfields numbers 1 3 17 19 21 23 The Crescent and numbers 38 36 and 34 and 32 Western Avenue

742 The neighbouring buildings numbers 31 and 33 Westfields are positioned over 20 metres away from the northern boundary of the site Numbers 13 17 19 21 23 The Crescent are positioned approximately 28 metres away from the western boundary of the site and numbers 38 36 and 34 are positioned 20m metres away from the southern boundary of the site Whilst No32 Western Avenue is positioned approximately 14 metres away from the boundary of the application site this neighbouring property and rear garden area are positioned at an oblique angle to the site In addition the building shown south of Plot 3 on the submitted plan is a single-storey garage with openings in the eastern side

743 Whilst the exact positions of the proposed dwellings are unknown in this application for outline planning permission the dwellings are likely to be positioned within the site away from the boundaries and this is likely to further increase the front-to-front or back-to-back distance between the dwellings erected on the site and the existing surrounding houses A front-to-front or back-to-back distance of between 17 and 20 metres is normally sufficient to prevent any significant overlooking overbearing or overshadowing between buildings and would be sufficient in this case given the levels are relatively consistent within the site and with the surrounding properties

744 In terms of the impact on No32 Western Avenue the indicative position of Plot 4 shown on the submitted layout plan would demonstrate that a dwelling can be positioned at a minimum distance of 18 metres away from the rear of No32 Western Avenue Whilst this distance and the oblique angle between the Plot and the neighbouring property is sufficient to prevent undue overlooking and overbearing between the properties this distance can be extended if Plot 4 is positioned further within the site and is a matter than can be considered in the Reserved Matters

745 In terms of the impact on the garage located at the rear of No38 Western Avenue given that this building is single-storey in height no more overshadowing or overbearing impact is likely to result on this building than if 20 metre high fencing is erected along the boundary Furthermore adequate boundary screening would help to preserve the privacy of the neighbourrsquos garden

Development Control Committee 91 of 100 Date printed 9 November 2011

746 All other surrounding dwellings will be positioned further away and will be remain sufficiently physically removed and hence will not be adversely affected

747 Whilst some neighbours along Western Avenue have raised concerns that the boundary screening to the southern boundary of the site are inaccurately shown on the submitted drawing full details of boundary screening a survey of existing trees and landscaping can be requested by condition and this is a matter that can be considered at the Reserved Matters Therefore conditions have been recommended accordingly

748 In addition concerns have been raised by neighbours that the proposed access would result in undue noise disturbance due to increase in vehicular movements and intensification of use of the site The properties located immediately adjacent to the access are No1 The Crescent and No33 Westfields Given that the access is already in use by the occupants at No33 Westfields and the nature of the proposed development (for residential use of four units) it is considered that there are unlikely to be significant noise issues from this proposal and any noise resulting from traffic during development is likely to be temporary

749 Overall the impact on neighbouring amenities is considered insufficient to warrant the refusal of planning permission on this outline planning application

75 Highway Impact

751 Concerns were raised by local residents about the impact of the development upon highway safety The concerns primarily relate to the cumulative impact of the development with the existing traffic and parking associated with the local recreational ground allotments farm track local shop the scheme already approved for the 10 dwellings on the site nearby the location of the access to the bend and the access and turning arrangements to and within the site which were described to be narrow and inadequate In particular surrounding residents were concerned about the safety of pedestrian users including school children

752 Again Members are reminded that precise details of the vehicular access is a matter reserved for consideration as part of the Reserved Matters application all that needs to be considered in this outline application is whether the applicant has satisfactorily demonstrated that a vehicular access can be accommodated within the site to serve the proposed development to the Highway Authority standards

753 The Local Highway Authority (NCC) would usually require a shared access to measure 45 metres to allow emerging drivers to pass without conflict and the indicative layout plan shows that a shared access can be accommodated within the site which meets the NCC standards In addition the Local Highway Authority has advised that in order for an access to be acceptable in the location shown pedestrian visibility splays of 20 metres x 20 metres would need to be provided on both sides of the access and in terms of vehicular visibility splays sight lines of at least 430 metres x 430 metres (measured 20 metres back along the centre line of the proposed junction) would be required

754 Following the Highway Authorityrsquos concerns that the western side of the access had been detailed incorrectly (as this falls outside of the applicantrsquos ownership) revised details have been submitted to show visibility splays which falls within the site boundary In addition the vehicular visibility splay in the westerly directly has been extended to 450 metres to improve visibility in that direction for on-coming vehicles

Development Control Committee 92 of 100 Date printed 9 November 2011

755 Overall the Local Highway Authority has no objections to the proposal and is satisfied that a vehicular access can be provided within the site that would meet the NCC requirements In terms of conditions the Local Highway Authority has requested conditions to require (1) details be submitted to show the surface water side inlet gully relocated and installed a minimum of 10m sideway clearance from the shared vehicular access to point of discharge (2) adequate surface water drainage be provided to prevent the unregulated discharge of water onto the highway (3) that the first 50 metres of the vehicular access be hard surfaced and (4) that the first five metres of the access remains un-gated Such conditions and conditions on visibility are recommended accordingly in the interest of maintaining the safety of pedestrians and the safety of other highway users

756 The Highway Officer has considered the Traffic Survey submitted with the application and has advised that a survey of vehicular movements outside of busy hours is necessary for the collection of data which is intended to monitor the maximum speed of traffic In particular the Officer comments ldquoStopping Sight Distances is determined by the 85tile speed of traffic which determines the minimum distance emerging drivers are required to be available to assist whilst emerging from the shared driveway Noting the horizontal alignment and parked vehicles within the street the submitted data would appear to be appropriate for this particular layoutrdquo To summarise the Officer has taken into account the speed of traffic and the minimum distance necessary for vehicles exiting in this location to see on-coming traffic and noting the parking layout of vehicles along the street the submitted Traffic Survey would appear to be appropriate

757 In addition the Highway Officer was requested to consider whether roadway improvement works would be necessary for the section of road which runs between Westfields and The Crescent On this matter the Highway Officer advised that ldquoWith the proposed development of 4 dwellings I would not anticipate off site accommodation works although the applicant may wish to promote the change of priority to assist with reducing the traffic speed even further This in turn may help with the overall flow of traffic throughout the complete 24hour periodrdquo Overall the Highway Officer does not consider that the proposed development would have an adverse affect on the surrounding roads to the extent that would justify highway improvements and therefore it would appear unreasonable for the Council to request for these improvements This is given the overall scale and nature of the development

758 In terms of parking many of the properties along Westfields have off-road parking provided within the front garden curtilage In addition on-street parking is available in between vehicular access points along the street The proposed development comprising of four detached residential units is likely to generate the need for approximately 8 parking spaces (2 parking spaces per unit) The indicative layout shows single garage parking and driveways which allow parking for two vehicles to serve each property As the indicative layout has demonstrated that approximately 12 off-road parking spaces can be provided to serve the development (3 parking spaces per unit) it is considered that overall the submitted information has demonstrated that sufficient parking can be provided

759 The application site lies approximately 130 metres away from the scheme of 10 residential units granted on land to the rear of Nos9 to 21 Westfields Whilst both developments are located along Westfields they are located some distance away from each other and have different access arrangements Overall it is considered that each development would have to be considered individually in terms of its highway impact and on its own merits

Development Control Committee 93 of 100 Date printed 9 November 2011

7510 Overall it is considered that there will be no significant highway impact from this proposal and the impact on highway safety is insufficient to justify a refusal of planning permission on this application

76 Access for Emergency Vehicles and Refuse Storage and Collection

761 The indicative layout plan shows a shared access which meets the Local Highway Authority standards and this would sufficiently demonstrate that emergency vehicles would be able to gain access to the site

762 In terms of refuse collection the Local Highway Authority had initially commented that they would not wish to see refuse stored at the front of the site that would obstruct the vehicular access or public highway In response to the Local Highway Authorityrsquos concerns the amended drawings now show a section of the first 10 metres of the vehicular access widened to measure 58 metres in width and this would demonstrate that sufficient space can be provided at the front of the site for the storage of bins before collection without resulting obstruction to the access drive or public pavement

763 Due to the distance of the properties to the highway (some 70 metres) this means that the future occupiers would have to move their refuse to the front of the site near Westfields for collection ENC Waste Management would not be able to collect waste directly from the site as the distance recommended by ENC Waste Management for Waste Crews to travel to collect waste must not exceed 25 metres and the recommended distance for residents to travel to use bin stores should not be more than 30 metres Overall it is considered that the proposed refuse collection arrangements would be insufficient to justify the refusal of planning permission on this application

77 Drainage and Sewerage

771 Concerns were raised by some of the surrounding residents that the development would add strain on the existing drainage and sewerage systems and that the area experiences a low pressure problem Building Control and Environmental Protection were consulted on this matter and they have responded as follows

772 Building Control has advised that they were not aware of any drainage issues in the area In terms of the cumulative impact of the development with the development already granted for the 10 units on land to rear of Nos7 to 21 Westfields it is for the developer to liaise with Anglian Water to provide adequate drainage and sewerage facilities to serve the development and this may involve upgradingimproving the existing systems

773 Environmental Protection advises that they have checked through their records relating to drainage in the local area Whilst there have been some problems at individual properties ie where there have been breaks in pipes due to rats and problem with a blocked shared drain works were carried out by Anglian Water and the file was closed in March this year

774 Overall there are no apparent issues that would justify the refusal of planning permission However in order to ensure that satisfactory drainage systems are provided to serve the development a condition to require the submission of drainage details together with the other Reserved Matters details is recommended

78 Housing need in Easton on the Hill and whether existing local services would cope with demand

Development Control Committee 94 of 100 Date printed 9 November 2011

781 Housing Strategy has advised that there are approximately 500 houses in Easton on the Hill of which 82 are deemed affordable (14 are shared ownership and 68 are rented) For a development site of less than 028 hectares it is likely that market housing made up of smaller units would be needed ldquoThe Strategic Housing Market Assessment (SHMA) indicates that the need in the Fineshade Ward is for smaller dwellings which I would interpret as two bedroom properties Fineshade has in fact got one of the highest levels of under occupancy in the District which indicates that there are a lot of larger dwellings in the wardrdquo

782 Whilst the Housing Market Assessment suggests that there is a need for smaller units and Housing Strategy has suggested that bungalows would be a more appropriate type of housing for the local area it is considered that the proposed development comprising of medium sized detached units would be more in-keeping with the layout of housing and tenure found in the local area Overall it is considered that the lack of need for medium sizedlarger units would be insufficient to justify the refusal of planning permission on this application

782 Residents express concern that the development would increase demand on local services The number of dwellings proposed and size of the site falls below the threshold set out in our SPD in respect of developer contributions

79 Impact on nature and conservation

791 Whilst the proposal involves demolition of the existing garage located to the side of No33 Westfields this is a domestic garage that has been in use and therefore there are unlikely to be any bats or birds to be affected

710 Impact on trees

7101 Most of the vegetation bordering the site to the southern eastern and western boundaries consists of a mixture of trees and shrubs In particular a row of conifers lie along the northern part of the western boundary of the site and these are situated within the garden of the neighbouring property No1 The Crescent In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the main boundaries of the site conditions requiring the submission of tree protection details and Arboricultural Method Statement details are recommended

7102 Whilst a few trees can be found located within the site these offer limited amenity value to the wider surrounding area Subject to most of the trees located along the main boundaries of the site being retained and that a landscaping scheme is provided it is considered that this would help to assimilate the development into the surrounding area and help to preserve neighbour amenity

8 Other issues

81 Amenity space -The submitted indicative layout would show that adequate amenity space could be provided to serve the dwellings In addition sufficient amounts of rear garden area would be left for the original properties Nos33 and 31 Westfields

82 Withdrawal of permitted development rights ndash In order to safeguard the amenity of the future occupiers of the dwellings and ensure the dwellings would not be unacceptably altered in the future (particularly in the roof) and to avoid detriment to the character and appearance of the area it is recommended that Class A B and C permitted development rights (relating to extensions and roof alterations) be withdrawn from the properties

Development Control Committee 95 of 100 Date printed 9 November 2011

83 Crime and Disorder - this application does not raise any significant issues as there would be mutual overlooking between the dwellings within the site and surrounding the site A condition however to require details of a scheme of lighting to be submitted is recommended to ensure that the access driveway is appropriately lit in the evenings

84 Access for Disabled ndash the buildings would not be subject to any public access and therefore does not raise any significant issues

9 Recommendation

91 That the application be GRANTED subject to the following conditions

10 ConditionsReasons -

1Approval of the details of the access siting scale and appearance of the building(s) and the landscaping of the site (hereinafter called ldquothe reserved mattersrdquo) shall be obtained from the local planning authority in writing before the development is commenced

Reason The application is in outline only and the reserved matters referred to will require full consideration by the Local Planning Authority

2Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

3The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

4The details required to be submitted by condition No 1 shall include the provision of boundary screening to the site This shall include details indicating the positions height design materials and type of boundary treatment to be erected This boundary screening shall then be provided in accordance with the details so approved before the development is brought into use and shall be retained thereafter in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

5The dwellings hereby approved shall be limited to a maximum height of two storeys only with rooms in the roof in accordance with the principles of the submitted design and access statement received on 20th July 2009 and agent email received on 26th October 2009 and shall have ridge heights not exceeding 100 metres and eave heights not exceeding 55 metres

Reason In the interests of the character and appearance of the street scene and amenities of the neighbouring occupiers

Development Control Committee 96 of 100 Date printed 9 November 2011

6The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include drawings showing the slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall there after be constructed in accordance with the details so approved in writing by the local planning authority unless otherwise agreed in writing by the Local Planning Authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

7Before commencement of development details and samples of the external materials to be used for the construction of the dwellings shall have been submitted to and be approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

8The details required to be submitted by Condition No 1 hereof shall include the provision of foul water and surface water drainage installations to serve the development proposed

Reason To safeguard public health and ensure that satisfactory foul and surface water drainage provisions are provided to serve the development

9The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include vehicular access details and pedestrian visibility splays of 20m x 20m and vehicular visibility splays of 430m x 430 metres (measured from a point 20 metres back along the centre line of the proposed junction) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

10 Before commencement of development details shall be submitted to the Local Planning Authority to show the relocation and installation of the surface water side inlet gully and the gully shall have a minimum of 10m sideway clearance from the shared heavy duty vehicle access to the point of discharge The development shall thereafter be implemented in accordance with the details so approved in writing unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of highway safety

11Adequate surface water drainage system shall be provided to prevent the unregulated discharge of water onto the highway boundary and these measures shall be implemented before the development is brought into use

Reason In the interest of highway safety

12Before the development hereby permitted is commenced details of the construction and surfacing of the vehicular access to the public highway parking facilities and all other hard-surfaced areas within the site shall have been submitted to and approved by the local planning authority These facilities shall then be provided in accordance with the approved details before the first occupation of the development

Reason In the interest of highway safety and visual amenity

Development Control Committee 97 of 100 Date printed 9 November 2011

13The vehicular access shall have a gradient not exceeding 1 in 15 for a distance of 50 metres back from the correct level at the highway boundary Prior to the first occupation of the development hereby permitted this area shall be paved with a hard bound surface for a minimum of 50 metres back from the highway boundary and be thereafter retained

Reason In the interest of highway safety

14Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) any gates or other form of barrier provided at the access point shall be positioned 50 metres back from the highway boundary and shall be hung to open inwards only

Reason In the interest of highway safety

15The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include a scheme of landscaping for the site The details shall include a plan at not less than 1500 showing the position species canopy spread and height of all trees within and adjacent to the site indicating those to be retained and those proposed for felling and planting The development shall thereafter be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development

Reason To ensure a reasonable standard of development and to avoid detriment to the amenity of the area

16Before commencement of development protection details for the on-site trees in particular the trees located along the western southern and eastern boundary of the site shall be submitted to and be approved in writing by the local planning authority These details shall be in accordance with BS58372005 and the development shall be implemented in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

17Before commencement of development an Arboricultural Method Statement shall be submitted to and be approved in writing by the local planning authority This statement shall be in accordance with BS58372005 and the development shall be carried out in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

18Prior to the commencement of the development hereby permitted details of a scheme of lighting for the site shall be submitted to and approved by the local planning authority and the scheme shall thereafter be implemented and retained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To minimize the opportunities for crime and fear for crime

19Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any Order amending or re-enacting that Order with or without modification) there shall be no development within Classes A B or C of Part 1 of Schedule 2 to that Order without the prior written approval of the Local Planning Authority

Development Control Committee 98 of 100 Date printed 9 November 2011

Reason To protect the amenity of adjacent occupiers to ensure a satisfactory elevational appearance for the development and ensure the development would not detract from the character and appearance of the area

20Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy shall be submitted to and be agreed in writing by the Local Planning Authority to demonstrate that the development would meet requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

Informatives

1 The drawings to which this decision relates are as follows

Site location plan scale 12500 shown on drawing number SAS71902 and existing site plan drawing number SAS71901 received on 20th July 2009 drawing number SAS71902 Revision A received on 16th September 2009 Design and Access Statement received 20th July 2009 Sustainability Appraisal and Energy Statement received on 31st July 2009 Scott Architectural amp Interior Services letter received 16th September 2009 and Scott Architectural email received 26th October 2009

2 The reason for the above decision is because the development proposed accords with the Development Plan and other material considerations as required by Section 38(6) of the Planning and Compulsory Purchase Act 2004 In particular with

National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

Development Control Committee 99 of 100 Date printed 9 November 2011

Rural North Oundle and Thrapston Plan (Emerging Policy) Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

Supplementary Planning Guidance Parking SPG March 2003

Planning Out Crime in Northamptonshire Feb 2004

Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008Design SPD March 2009

Development Control Committee 100 of 100 Date printed 9 November 2011

32 The property has an existing A1 retail class use with associated residential use to the rear and first floor The shop closed approximately two years ago and the property has been secured and vacated

33 The site is surrounded by residential premises to all sides To the opposite side of the road and slightly to the south of the site is Kilburn Place which provides sheltered accommodation for the elderly

34 Immediately adjacent to and opposite the site on Higham Road are bus stops which are for services between Rushden and Kettering Raunds and Northampton and the local Higham Hoppa service On alternate journeys the Higham Hoppa also travels along Prospect Avenue using the junction adjacent to the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1 ndash Delivering Sustainable Development PPS4 ndash Planning for Sustainable Economic Growth PPS23 - Planning and Pollution Control PPG24 ndash Planning and Noise

42 Planning for Growth - Ministerial Statement March 2011

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 9 ndash Distribution and Location of Development Policy 13 ndash General Sustainable Development Principles

44 East Northamptonshire Local Plan 1996 No saved policies

45 Supplementary Planning Guidance NA

46 Other Documents Highway Standing Advice for Planning Authorities Working Draft July 2008 Three Towns Preferred Options Rushden Higham Ferrers and Irthlingborough

5 Relevant Planning History

51 EN1000861FUL Change of use from A1 to A5 (hot food takeaway) Withdrawn 30062010

52 EN1001481FULL Change of use from A1 to A5 (hot food takeaway) Refused 07122010

Grounds for refusal were highway safety crime and disorder and health

53 APPG2815A112143857 Appeal against refusal Appeal dismissed 7062011 with partial costs awarded against the Council on both the crime and disorder and health reasons for refusal It was the Inspectors opinion that the Councils case on both issues comprised of vague generalised assertions which were not properly supported by objective analysis

6 Consultations and Representations

61 Neighbours

Development Control Committee 3 of 100 Date printed 9 November 2011

611 Resubmission of the petition with 501 signatories opposing the previous application (EN1001481FUL) on the following grounds

ldquoWe the residents are fighting against having another Fish and ChipChinese takeaway in your area which is 5 minutes walk away in High Street Higham Ferrers We already have 21 Takeaways in Rushden and 6 in Higham Ferrers excluding Pubs and clubs also another 3 are planned The odours smells noise increased traffic and anti social behaviour will be a real problem from this businessrdquo

612 30 individual objectors most of whom are included in the petition Each objected for a variety of reasons and the numbers objecting for each reason are detailed below

bull Increase in litter ndash 21 objections bull Anti Social Behaviour ndash 21 objections bull Need for a further takeaway facility ndash 17 objections bull Highway safety ndash 19 objections bull Parking problems ndash 19 objections bull Cooking odour ndash 22 objections bull Attraction of vermin ndash 5 objections bull Noise ndash 17 objections bull Development unsuitable for a residential area ndash 12 objections bull Contrary to policy ndash 2 objections bull Contrary to the Local Area Agreement 1 objection bull Health of schoolchildren and public in general ndash 14 objections bull Localism - 1 objection bull Inconsistencies in application form ndash 1 objection bull Property is at risk of subsidence ndash 1 objection bull Increased fire risk - 1 objection bull Safety of public due to reduced street lighting - 2 objections bull No economic benefit - 2 objections bull Loss of property values - 2 objections bull Why has a further application been allowed - 11 objections bull Trees on site - 1 objection

613 In addition to the copy of the petition submitted against the previous application the following copy documents from the residents appeal statement were received

bull Survey of takeaways cafes pubs and clubs in Rushden and Higham Ferrers bull Letter from NHS Primary Care Trust dated 28 September 2010 regarding the

Northamptonshire Healthy Weight Healthy Lives Strategy and its specific focus on children and young people to combat obesity

bull Appeal Statement dated March 2011 bull Details of R(on the application of Copeland) v Tower Hamlets London Borough Council

judicial review whereby the grant of planning permission for a hot food takeaway within close proximity to a school was quashed

bull Traffic survey taken between 8am and 8pm on Tuesday 8 February 2011 bull Letter from the Ferrers Specialist Arts College dated 2 September 2010 supporting the

residents objection to the proposal bull Ferrers Specialist Arts College Years 11 12 and 13 questionnaire results regarding hot

food takeaway usage

614 Other copy documents were submitted as follows

bull Northamptonshire Police appeal for witnesses to criminal damage to a wall in Higham Road on 13082011

bull Press release regarding Barking and Dagenham Councils success in winning an appeal against Dominos Pizza for a takeaway near a primary school

Development Control Committee 4 of 100 Date printed 9 November 2011

615 One objection giving a detailed analysis of the Inspectors decision requesting that Members not limit their decision to the Inspectors conclusions alone as any subsequent appeal would be considered entirely on its own merits and all evidence reconsidered

62 Rushden Town Council ndash Objection as the Members considered that the proposed change of use would cause an increase in traffic movements noise possible cooking smell and litter nuisance to residents within the area

Members felt that the estimated 50-100 preparations per day was unrealistic and that the proposed ventilation system would not be adequate to eliminate cooking smells from a residential area The Inspectors conclusions of 7 June 2011 remain relevant

63 Northamptonshire Police Crime Prevention Design Advisor ndash No formal objection but recommended that a condition be attached to any approval requiring provision and installation of public litter bins and that the proprietor must take some liability to clear any associated litter in the immediate vicinity Reminded the Council of the need to consider crime and disorder issues on all planning applications as described in PPS1 and Section 17 of the Crime and Disorder Act

64 Local Highway Authority ndash No objection in principle to the proposal The Highways Authority has provided detailed comments on the concerns of residents as regards parking and highway safety These matters are addressed at paragraph 74 Highway Impact Should approval be granted they recommend that the following condition should be imposed

ldquo Notwithstanding the submitted details prior to the commencement of development the following street furniture details shall be submitted to and approved in writing by the local planning authority-

bull The supply and installation of appropriate measures to prevent vehicle access and use whilst maintaining the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safetyrdquo

65 Environmental Protection ndash Initial objection as there was no update to the previous noise assessment An addendum to the previous assessment was deemed to be acceptable and was submitted on 10 October 2011 The addendum showed that there would be no adverse impact on nearby residents and therefore the objection was withdrawn

No objection on the grounds of noise nuisance providing conditions are placed on the planning permission to ensure the equipment stated in section 21 of the acoustic report is used

66 Environmental Health (Commercial) ndash No objection to the revised odour control measures Providing the system is installed according to the manufacturers specification and is regularly and properly maintained this should not give rise to a statutory nuisance by way of odour However the officer cannot state categorically that there will be a total absence of odour and therefore cannot comment upon the loss of amenity of the residents

67 Site notice posted

7 Evaluation

71 The following issues are relevant to the determination of this application

Development Control Committee 5 of 100 Date printed 9 November 2011

72 Principle of development

721 Both National and Local planning policy give priority to the use of previously developed land and buildings as is the case with this site

722 The site previously contained an A1 use however as the site is not within a primary shopping frontage there is no objection to the loss of this retail unit

723 The site however lies within what is predominantly a residential area and whilst PPS4 requires planning authorities to adopt a positive and constructive approach towards planning applications for economic development in determining whether the principle of development would be acceptable consideration needs to be given to the impact that the development would have on this residential area and how this differs from the existing A1 use

724 The statement issued by The Minister of State for Decentralisation on 23 March 2011 followed the commitment made by the Chancellor of the Exchequer in the Budget to publish an ambitious set of proposals to help rebuild Britains economy It was identified that the planning system had a key role in ensuring that sustainable development to support economic growth

725 The Ministerial Statement included an obligation for local planning authorities to ensure that they give appropriate weight to the need to support economic recovery and that applications that secure sustainable growth are treated favourably (consistent with policy PPS4) and that they can give clear reasons for their decisions

726 Policy 13 of the North Northamptonshire Core Spatial Strategy builds on these objectives to meet needs while protecting assets and the recommendation for refusal in this case is based on the core values of this policy

727 It is considered that the Ministerial Statement although having relevance to the application will not change the weight given to other material considerations relevant to this application

73 Visual impact

731 The proposed external changes to the building are the removal of the existing access door the provision of a new access door to the north elevation in Prospect Avenue the provision of an access ramp and the installation of a black painted external steel flue located adjacent to and to the same height as an existing chimney stack It is considered that the proposal would not result in a detrimental impact on the character and appearance of the street scene or the surrounding area

732 Should Members be minded to approve the application a condition could be imposed in relation to the appearance and the installation of the external ducting

74 Neighbouring Amenity

741 Unlike a retail use takeaways unless they are carefully controlled can result in noise and odour problems

742 Environmental Protection (Residential) have offered no objection The acoustic report submitted as part of the application demonstrates that the proposed development is unlikely to have any adverse impact on nearby residential premises They recommend that a condition is placed on the planning permission requiring that the extraction system referred to in paragraph 21 of the acoustic report is installed

Development Control Committee 6 of 100 Date printed 9 November 2011

743 Environmental Protection (Commercial) have offered no objection as regards odour providing that the electrostatic precipitator which would control odour levels is installed correctly and maintained in a manner recommended by the manufacturer

744 However when dismissing the appeal against the previous refusal the Inspector noted (paragraph 8) that Annex 1 of Planning Policy Statement 23 Planning and Pollution Control says statutory nuisance is not intended to secure a high level of amenity and nuisance does not equate to a loss of amenity Rather a significant loss of amenity will often occur even with a highly effective system The Inspector considered that the views of the EHO in relation to odour did not necessarily indicate that harm to the amenity of residents would not result from the proposal but was satisfied that any noise from inside the building or from the ventilation system would have no adverse affect

745 The Inspector was also of the opinion (paragraph 7) that given the close relationship of the site to the surrounding dwellings the nature of the food to be cooked and the character of the area that no condition attached to a grant of planning permission would ensure that a suitable ventilation system could be agreed

746 In view of the previous appeal decision the Inspectors comments and those of the EHO that they are unable to state categorically that there will be a total absence of odour the proposal has strong potential to detract unreasonably from the living conditions of the neighbouring residents by virtue of odours arising from the cooking process and therefore conflicts with Policy 13 of the North Northamptonshire Core Spatial Strategy

75 Highway Impact

751 The Local Highway Authority has no objection to the application as in its opinion the proposed takeaway would not significantly attract any more traffic flow than the existing A1 use

752 A large percentage of objections to the proposal refer to problems with on street parking in Prospect Avenue and the dangerous junction with Higham Road due to limited visibility and irresponsible parking

753 The Local Highway Authority has provided a detailed response on the highway safety and parking issues raised by local residents In summary the response states that the width of both Prospect Avenue and Higham Road allow some form of on-street parking although this is restricted by junctions and driveways To allow an emergency vehicle or bus to pass through easily would mean that cars could not be parked directly opposite each other Considerate parking to allow the safe movement of all road users is a requirement of the ldquoHighway Coderdquo

754 The original response was based on the opinion that both Prospect Avenue and Higham Road had a nominal width of 73 metres When this statement was challenged the Local Highway Authority accepted that Prospect Avenue had a width of 69 metres and the width of Higham Road varied No figures were given for this variation They therefore concluded that the roads did have a nominal width of 73 metres and made no change to the opinion that the highway authority had no objection to the proposal

755 The Highway Authority advise that consideration could be given in the future to imposing a ldquoTraffic Regulation Orderrdquo at the junction of Prospect Avenue and Higham Road This would allow the provision of double yellow lines which could then be subject to enforcement action by the appropriate authority This would already apply to the bus stops on either side of Higham Road

Development Control Committee 7 of 100 Date printed 9 November 2011

756 The Local Highway Authority has also provided figures relating to accidents classified as serious within the Department for Transport definition These figures were taken from statistics from 2001 to 2007 while the premises concerned was still operating as a shop and before the opening of the Rushden and Higham bypass The figures show two serious accidents within 100 metres of the junction and two more slightly outside the 100 metre radius

757 Since 21 September 2010 there have been no injury collisions recorded at or near to the junction of Higham Road and Prospect Avenue and only two damage only collisions For this reason the Local Highway Authority believes there is no reason for concern over the junctionrsquos history with regard to the application under consideration

758 The Local Highway Authority does however have concerns that inconsiderate drivers may park on the footway fronting the development site and should the application be approved has suggested the following condition ldquoNotwithstanding the submitted details prior to the commencement of the development the following details shall be submitted to and approved in writing by the local planning authority-

bull Measures to provide appropriate street furniture to prevent vehicle use whilst maintain the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safety

759 Although the Local Highways Authority has no objection to the application subject to condition they advise that the Local Planning Authority has to satisfy itself that there would be sufficient on-street parking to sustain the development

7510A large number of representations have highlighted the parking issues in Prospect Avenue particularly at the junction with Higham Road and the impact parking has on the free flow of traffic in and out of the Avenue This was particularly true when the previous retail unit was still open

7511Although the visibility splays on exiting Prospect Avenue into Higham Road are acceptable the Local Highways Authority do not consider the visibility on turning off the main road Located within the pavement on both sides of Prospect Avenue and near to the junction are two large trees the trunks of which do limit visibility along Prospect Avenue as you turn in Any vehicles parked close to the junction would cause vehicles entering or leaving the Avenue to drive in the middle of the road This fact along with the reduced visibility on entering Prospect Avenue is a cause for concern

7512There is a clear conflict of interest with a proposed facility that would inherently attract a level of private car travel to a site in a residential area that relies heavily on on-street parking The nature of a hot food takeaway requires that food is taken away to be eaten while still hot and despite what the Highway Authority says your officers view is that it is likely that the level of private car travel will be higher than for the previous retail use

7513Whilst accepting that the proposed use is likely to have some adverse impact on the highway network such impact would not warrant a refusal on the grounds of highway safety due to the remedial measures suggested by the Local Highway Authority

Development Control Committee 8 of 100 Date printed 9 November 2011

7514Highway safety was one of the reasons for refusal on the previous application The Inspector concluded that due to opportunities to park nearby the proposal would not have a material effect on highway safety when compared with the existing use as a shop and that the proposal would not conflict with Policy 13 of the Core Strategy Costs were not awarded against the Council on this reason for refusal as the Inspector believed the Council had not been unreasonable in its position However it would be unreasonable behaviour if the Council continued to argue that the proposal would impact on highway safety

76 Litter and Other Environmental Impact

761 Increased litter is a major concern of objectors along with the vermin which it may attract

762 Litter bins and recycling bins are to be made available on site although full details are not provided Provision of details could be controlled by condition if Members were minded to grant permission

763 The applicant states that there will be no trade effluents or waste As the proposal is for a fish and chip shop it would seem natural that there will be food waste including the parts of the fish which are not used if the fish are prepared on the premises and used cooking oil Should Members be minded to approve the application these are matters which could be controlled by condition

77 Crime and Disorder

771 Many local residents have raised concerns that the takeaway would result in crime and disorder issues Northamptonshire Police have advised that they have no evidence to suggest that the change of use will increase occurrences of anti-social behaviour in the area and that they have no formal objection to the application They recommend the addition of a condition requiring that the proprietor of the premise fund the installation of appropriately placed public litter bins and take liability to clear any associated litter lying around in the immediate vicinity

772 As Northamptonshire Police have raised no objection to the proposal and would be the authority responsible should issues arise it is considered that the application would be difficult to refuse on grounds of crime and disorder Northamptonshire Police have also been consulted by Northamptonshire County Council regarding the switching off of the adjacent street lighting

773 In the determination of the previous application one reason for refusal agreed by Members was the likelihood of an increase in and the fear of crime and disorder In his appeal decision the Inspector stated that there was no evidential basis to show an expected increase in crime and disorder in connection with the change of use and that the fear of crime did not demonstrate a conflict with Policy 13 if the Core Strategy Costs were awarded against the Council as significant weight had been placed on the concerns of the public rather than valid planning reasons (paragraph 5)

78 Proximity to local schools

781 Many local residents have raised concerns about the possibility of a takeaway being opened at a site which lies between the two local secondary schools and on a route that schoolchildren will take Their concerns are that pupils from both the Ferrers Specialist Arts College and the Rushden Community College will have easy access to unhealthy food

Development Control Committee 9 of 100 Date printed 9 November 2011

782 In June 2010 the High Court quashed a decision taken on an application for a takeaway close to a school [ R (on the application of Copeland) v Tower Hamlets London Borough Council] The facts of the case were that Tower Hamlets had approved an application for a hot food takeaway within 500 yards (457 metres) of the entrance to a local school The Judge ruled that the Councillors had been wrongly informed that they could not take the proximity of the school into account as a material consideration The Judges view was that the healthy eating policy of the school should have been considered by the Council

783 The case does not mean that applications for takeaways close to schools should automatically be refused What it made clear however is that the proximity of a takeaway to a school is a material consideration Members need to consider the weight to apply to this consideration

784 One further reason for refusal of the previous application was that it was contrary to Policy 13 of the Core Strategy which states that development should be designed to promote healthier lifestyles The Inspector concluded that although the proximity to the school and the health of pupils was a material consideration the numbers of pupils taking advantage of the proposal would not be significant as to warrant refusal Costs were awarded against the Council as to carry significant weight such concerns should be founded on valid planning reasons supported by substantial evidence It was the Inspectors opinion that such evidence had not been forthcoming (paragraph 5)

785 As alternative existing takeaways with similar or longer opening hours are available locally overall it is considered that the proximity to the school and the health of the public would not warrant a refusal of planning permission

79 Public Opposition

791 Public opposition can be a material consideration even if it is found to be unjustified It remains a matter for the decision maker to asses the weight to be applied Fears and concerns by members of the public may constitute a material consideration if they relate to a matter which in itself is material or they are objectively justified However where public concern is baseless such concern should not influence any decision to an unreasonable degree

792 The public opposition in the case includes concerns about all of the material considerations above principle of development visual impact neighbouring amenity highway impact litter and environmental impact crime and disorder and proximity to local schools The public opposition is therefore itself a material consideration However for reasons set out in this report officers views are that these concerns would not warrant a refusal of planning permission

8 Other issues

81 Access for the Disabled ndash The proposal incorporates a ramped access to the serving area Therefore this application does not raise any significant issues which cannot be controlled through Building Regulations

82 The Local Area Agreement (LAA) is not an adopted Development Plan Document (DPD) Northamptonshires LAA forms part of the action plan for delivering the Sustainable Communities Strategy priorities One such priority is to help residents to make choices that improve their health and wellbeing However the LAA forms only part of the Community Strategy priorities and lies outside the area of wider planning policy The Northamptonshire NHS Healthy Weight Healthy Lives Strategy 2010-2014 and the Schools Healthy Eating Policies have already been taken into account when considering the proximity of the takeaway to the local schools and it is the officers view that the LAA would not add any further weight to warrant a refusal

Development Control Committee 10 of 100 Date printed 9 November 2011

83 The need for this type of business is not in itself a material consideration There is no adopted Development Plan Policy which seeks to limit the number of takeaways in this particular area

84 The issue of subsidence at the site is not a material planning consideration

85 Fire safety precautions would be subject to Building Regulations

86 Localism It is the clear intention of the government to reform the planning system to give local people more influence over their lives However the Localism Bill is still working its way through Parliament and may be subject to change before it becomes law and should be given limited weight

87 Repeat applications The criteria for acceptance of planning applications for similar development at a specific site are provided in Part 4 of the Planning and Compulsory Purchase Act 2004 Guidance is given in ODPM Circular 082005 Powers to decline to determine an application extend only to two refusals by the local planning authority within the last two years The Circular also states that if an application has been revised in a genuine attempt to take account of objections to an earlier proposal then it should be determined The current application has been submitted taking into account the Inspectors reason for refusal

9 Recommendation

91 That the application be REFUSED for the following reason

10 ConditionsReasons -

1 The proposed development due to the close relationship of the site to the surrounding dwellings by reasons of smell and odour would give rise to a significant loss of amenity for neighbouring dwellings The application is therefore considered to be contrary to Policy 13 (l) of the North Northamptonshire Core Spatial Strategy which states that development should not result in an unacceptable impact on the amenities of neighbouring properties and the wider area by reason of noise vibration smell light or other pollution loss of light or overlooking

Informatives

1 The drawings to which this decision relates are as follows Drawing nos 1 and A100 received by the Local Planning Authority on 18 July 2011

Development Control Committee 11 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 28 October 2011

Case Officer Samantha Hammonds EN1100700OUT

Date received Date valid 9 May 2011 15 June 2011

Windmill Raunds

Overall Expiry Ward Parish 14 September 2011 Raunds

Applicant Roxhil Warth Ltd And Robert How - Mr M Eckershall

Agent Mr David Shaw

Location Phase 2 Warth Park Way Raunds Northamptonshire

Proposal Outline Demolition of existing buildings development of employment park including A345 B1b and c B8 C1 Di and D2 uses together with access parking areas and open space (all matters reserved except for access)

1 Summary of recommendation

11 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

2 The proposal

21 This is an outline application for development of an employment park including A345 B1b and c B8 C1 D1 and D2 uses together with access parking areas and open space to make way for the proposed development the existing Scalley Farm would be demolished Only access is up for consideration at this stage all other matters are reserved for later consideration

22 Indicative plans have been submitted that show how the site could be developed These plans show a cluster of leisure uses including a hotel health and fitness unit two family pubs a family restaurant and a creche forming a gateway to the development and to Raunds itself by reason of their position on the northern corner of the site adjacent to the A45 roundabout and opposite the football club West of this leisure gateway would be a cluster of small B1b and c business units which could be for research and development laboratories or light industry and these would be situated immediately north of the existing Wiseman Dairies building A new estate road would run between the business and leisure clusters leading in an arc to three large B8 warehouse units and their associated parking Beyond these in the western corner and north western edge of the site would be an area of landscaped public open space and sustainable urban drainage systems A public footpath and cycleway would meander through the public open space joining up with the end of the Meadow Lane bridleway

23 The indicative breakdown of uses that has been put forward in the application (Transport Assessment and Sequential Impact Assessment) is as follows

Development Control Committee 12 of 100 Date printed 9 November 2011

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

24 The following reports and information accompanied the application bull Environmental Statement bull Design amp Access Statement bull Sustainability Statement bull Transport Assessment bull Framework Travel Plan bull PPS4 Sequential and Impact Statement bull Outline Waste Management Plan bull Ground Investigation Reports bull Statement of Community Involvement bull Flood Risk Assessment

25 During the course of the applications revisions were made to the masterplan road layout Flood Risk Assessment the Travel Plan the Archaeological Investigation Ecological Surveys Sequential and Impact Assessment and additional photomontages were produced A full re-consultation on these amendments was initiated on 29 September 2011

26 As the proposal is for a major out of centre development and includes leisure uses the application will need to be referred to the Secretary of State before permission can be granted

3 Site and Surroundings

31 The site is situated to the north west of the settlement of Raunds and is currently agricultural land occupied by a farmstead known as Scalley Farm The site forms a large triangle of land to the north and west of the existing Warth Park development bound to the south by Meadow Lane to the north west by the A45 and to the east by London Road Open countryside surrounds the site in all directions except to the east where the site abuts the built edge of Raunds and its associated mix of employment leisure and residential uses

32 The site is effectively a valley slope with its south eastern end situated on a ridge before sloping down towards the north west and the A45 Beyond the site boundary and the A45 the valley continues to slope downwards towards Stanwick Lakes and the River Nene

33 The Upper Nene Valley Gravel Pits Site of Special Scientific Interest (SSSI) and the Special Protection Area (SPA) is situated some 200m to the north east of the site on the opposite side of the A45 This area also accommodates two former medieval settlements which are historic monuments of special archaeological interest

34 Whilst part of the application site is situated in the parish of Ringstead the village of Ringstead is some distance away from the proposal

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development

PPS4 ndash Planning for Sustainable Economic Growth (and Practice Guide) PPS7 ndash Sustainable development in rural areas

Development Control Committee 13 of 100 Date printed 9 November 2011

PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

PPS22 ndash Renewable Energy PPG24 ndash Planning and Noise

PPS25 ndash Development and Flood Risk

42 Regional Spatial Strategy for the East Midlands (RSS8) Policy 1 - Regional Core Objectives Policy 2 - Promoting Better Design Policy 11 - Development in the Southern Sub-Area Policy 18 - Regional Priorities for the Economy Policy 20 - Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 22 - Regional Priorities for Town Centres and Retail Development

43 East Northamptonshire Local Plan 1996 Saved Policy GEN3 ndash Planning Obligations

44 North Northamptonshire Core Spatial Strategy Policy 1- Strengthening the Network of Settlements Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution amp Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

45 Supplementary Planning Guidance Planning out crime Parking Sustainable Design Biodiversity

46 Other documents HM Treasury Plan for Growth (March 2011)

Draft National Planning Policy Framework (July 2011) East Northamptonshire Employment Land Review (ELR) December 2006 Northamptonshire Strategic Employment Land Assessment (SELA) November 2009

Raunds Masterplan Raunds Area Preferred Options

5 Relevant Planning History

51 0200025FUL - Use for B1 business B2 industrial and B8 warehousedistribution Permitted March 2003

52 0300564OUT - Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted

53 0600904RWL - Renewal of 0300564OUT Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted July 2006

54 0701304REM - Approval of reserved matters for a single industrial warehouse building Permitted September 2007

55 The above consents in as far as they relate to the application site have expired and can no longer be implemented

6 Consultations and Representations

61 Responses from residents and neighbours

Development Control Committee 14 of 100 Date printed 9 November 2011

611 10 objections were received from local residents of Raunds and Stanwick

LANDSCAPE AND VISUAL bull Worried about loss of countryside bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Impact on visual amenity of the district It will be seen for miles around including views

to and from Stanwick Lakes This sort of development should be out of view not on the skyline

bull More landscaping is needed to hide the big sheds along the Meadow Lane boundary bull More attention is needed to bunding screening and landscaping using mature trees bull Can we insist on darker cladding like the GEM building at the entrance to Warth Park

as this greatly reduces the visual impact a short distance away bull Photomontages are misleading as they are taken from a long distance bull To extend the existing Warth Park development as proposed would be a mistake as it

would be a blot on the landscape bull Views from Stanwick Ringstead and Addingtons would be destroyed bull More consideration is needed of the view from Stanwick Lakes which is an area of

natural beauty and a top tourist attraction bull Industrial units ruin the first impression of Raunds gateway Raunds is a picturesque

rural town not an industrial estate bull No architectural merit of appeal bull How will the gateway look as you approach the site from within Raunds This is more

important to local people than the long-distance views bull Height of the proposed units is out of scale to the existing development bull Layout increases the visual impact and simply serves to cram as much in as possible

around the site constraints

TRAFFIC bull Increase in lorry traffic on the single carriageway A45 between Stanwick and Thrapston bull Too many lorries going in and out causing congestion bull Lorries use London Road as a short cut even though they are not supposed to

London Road is too small to cope with existing lorries The additional traffic will worsen the situation particularly if 24 hours

bull Existing hazard created by heavy lorries accessing the sewage works via a narrow bridleway More sewage will mean more traffic hazard

bull More traffic on the A45 will mean increased delays where the A45 changes from dual to single carriageway making it more likely that vehicles will seek shortcuts through Stanwick particularly during the construction phase

bull Developments of this magnitude should be on duelled roads (ie Thrapston Wellingborough)

bull Existing London Road roundabout is not suitable or of adequate size to handle HGVs bull Existing operators on Warth Park phase 1 wish to be assured that there will be no

restrictions on their vehicle movements during construction and that there will be no access to the B1C units from the Robert Wiseman access

NOISE bull 69 London Rd 17 Gardner Close 33 Crispin Way 38 Keston Way bull Have to close our windows at night due to the noise of lorries engines shunting

loading reversing sirens air conditioning fans shouting etc bull Noise during the day disturbs shift workers sleep bull More thought needs to be put into the effect of noise pollution in the local area bull Too close to a residential area to have 24 hour operation bull Additional 24 hour warehouse units will increase both the volume and frequency of the

existing disturbance bull Existing noise bunds along London Road are inadequate The height and planting of

these should be looked at bull Noise should be monitored

Development Control Committee 15 of 100 Date printed 9 November 2011

bull Could we prevent the use of reversing sirens and fansair conditioning at night bull Noise evaluation taken on a quiet day at a quiet time of year bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Anticipate huge increase in traffic noise

RESIDENTIAL AMENTIY bull Light pollution during the winter months - existing security lighting is intrusive to our

homes Further development will only increase this bull Existing lights dazzle as far away as Stanwick bull Lighting needs to be upward and not positioned so it reflects off buildings bull CCTV cameras that are operator controlled could zoom in on bedrooms at the rear of

our properties

PRINCIPLE NEED bull Is it really necessary The last development took ages to become occupied and these

have not provided the level of employment that was anticipated bull Concerns about Northamptonshire becoming a low skilled work area full of

warehouses bull Too much emphasis on low skilled part-time temporary work bull Workforce will come from surrounding conurbations not Raunds bull Environmental impact of hauling goods around on the roads to store in sheds bull Adverse impact on tourism if visitors to the area only see big sheds bull Serves the needs of the developers more than the local community bull Excessive scale of development bull This area should not proceed as this area was not even discussed for significant

extension at the latest consultation bull Will take trade away from the existing town shops rather than bring in new business bull Not all the plots on the first development were taken until the rent was dramatically

reduced putting more pressure for them to be dropped even lower now therersquos more

BOUNDARY bull Outside the boundary of Raunds it overlaps with adjacent villages

SUSTAINABILITY bull Suggest solar power for the roofs bull Renewable elements should be included bull A post construction BREEAM assessment should be carried out

FLOODING bull Building up contours to create balancing ponds will increase winter flooding of the A45

underpass bull Meadow Lane is already badly affected by winter runoff Further development will

exacerbate the problem

WILDLIFE bull No mention of red kites which are moving to the Stanwick area and use the site as their

hunting ground bull No consideration of the impact on fish in local streams bull No consideration of wildlife impact of turning rough ground into a manicured park

LOCAL INFRASTRUCTURE bull If the development goes ahead need to consider what provision is being made for the

community Will they provide space and land for social community buildings

CRITICISMS OF SUBMISSION PROCESS bull questionnaires worded with bias so that all answers have been misconstrued to favour

the application and not represent personal views bull The exhibition seemed to show a different proposal

Development Control Committee 16 of 100 Date printed 9 November 2011

bull submission contains misleading and inaccurate information (for example by saying the site is not visible from a public road or bridleway no rights of way are affected no SSSIs and SPAs are affected etc)

bull Visual effects table is unsubstantiated Challenge conclusions bull Too much detail to be studied by the public Something of this nature needs a far wider

briefing for the public and an opportunity for them to talk with people who can explain the intricacies of the proposal A public meeting should be held in the evening so that everyone can attend The public need fuller facts before this can be decided

612 Two letters of support were received and some other positive comments were made by the above objectors as outlined below

bull Bringing 1500 jobs to the area bull Local employment opportunities bull I am all for this development it looks similar to Grange Park with its mix of distribution

centres and commercial units bull Welcome a more inviting gateway to Raunds as it is too industrial at present bull Welcome the SUDS plan for surface water from the site within the parkland and

landscaping bull The open space will provide a good link to Stanwick Lakes bull Small enterprises would lead to greater opportunity for long term high skill employment

training and apprenticeships bull Highway works to each side of the road outside the football club will improve the

entrance to Raunds

62 Town Parish Councils

621 Raunds Town Council - no objections but comment as follows - retail element should not be lost by a future change of plan - full archaeological survey should be carried out - external colour scheme for buildings should blend in with natural surroundings - screening scheme of tree barriers to reduce noise and visual impact should be maintained and enhanced if possible - seek clarification of the arrangements for dealing with surface water run-off and water supply provision

622 Ringstead Parish Council - comments - Broadly supports the principle of development that provides local employment and notes that the bulk of the employment will be in the parish of Ringstead - Access enhancements are only proposed for Raunds so young people from Ringstead would not have adequate access to the new employment opportunities - The A45 has recently been surveyed as being at 100 capacity rising to 141 at peak times so it would struggle to cope with the additional traffic from this development - Question the need for the amenity area given that there are already two hotels two themed public houses and at least five food outlets on the stretch of A45 between Thrapston and Wilby

623 Stanwick Parish Council ndash initial comment confirmed no objection but requested - larger trees around the building - the building to be a different colour colour scheme to be approved - a full archaeological survey - details of water supply and surface water drainage - concerned about the amount of accidents on the A45 - avoid disturbance to nearby badger sett

Development Control Committee 17 of 100 Date printed 9 November 2011

Subsequent comments following the submission of additional photomontages indicate Stanwick Parish Council feel that the development would have an impact on Stanwick particularly visually and in respect of lighting Request

lighting scheme to be set up correctly from the outset bunding and planting for screening should be sufficient to provide immediate

mitigation rather than taking a number of years to develop

624 Great Addington Parish Council - no objection but feel the development will have an adverse impact on the surrounding area because of increased traffic congestion and light pollution A condition should be used to ensure that all lighting at the site is compliant with section 102 of the Clean Neighbourhoods and Environment Act 2005

63 Other consultation responses

631 Northants Bat Group ndash no objections

632 North Northants Badger Group ndash no objections

633 NCC contributions ndash request 26 fire hydrants and a financial contribution of pound191400 towards fire and rescue (or a sprinkler system throughout the development)

634 The Ramblers Association ndash object Details regarding footpath UG39 are inadequate The parameters plan shows a diversion of UG39 to the north into the public open space to eventually join Meadow Lane at the south west corner of the site The Ramblers Association feel that any diversion of UG39 should turn south behind the existing Warth Park development (between the existing and proposed warehouse units) to join Meadow Lane to improve access to the site from Meadow Lane Whilst we have no objections to an additional path to the north of the site and then along the landscaped corridor to join Meadow Lane at the south west corner of the site we want UG39 to be diverted south along the east boundary of the site where it would link with Marsh Lane On such a large site it should be possible to locate the units so that UG39 is not affected

635 Northamptonshire Police ndash no objection More discussion is needed in respect of lighting CCTV physical security of buildings pedestrian and cycle links boundary treatments and layout of public use buildings and areas (Note these are all issues that would be considered in detail at reserved matters stage

636 Campaign For Dark Skies ndash Given that the existing Warth Park development causes a significant amount of energy waste light pollution due to poorly designed or angled lighting apparatus strict planning conditions should be used in relation to every new light used especially in the flood lighting of the warehouses Campaign for Dark Skies would wish to be involved in considering such details (Note this is an issue that would be considered in detail at reserved matters stage)

637 NCC Archaeology ndash Request a condition to secure an archaeological programme of works (June 2011)

638 English Heritage - do not wish to comment in detail but urge ENC to give detailed consideration of possible remains given the proximity of deserted Saxon settlements as advised by the County Archaeological Advisor

639 NCC Highways - Although a revised written response in relation to the latest TA revision is yet to be received discussions suggest that the main issues are now overcome Revised formal comments will be reported in the update Travel Plan - a condition requiring a detailed Travel Plan which shall include the management arrangements for future occupiers of the units and the delivery mechanisms

Development Control Committee 18 of 100 Date printed 9 November 2011

Contributions - bus services the county councils initial request for pound15000pa for five years has been reduced to a request for pound15000pa for only three years together with a pound5000 contribution towards the provision of a bus shelter within the Warth Park site This reduction is based on the circumstances of this site proposal in particular that a training contribution and other calls on land value not being required of other

schemes the fact that other developments may well be contributing and that demands and revenue from this site and other schemes can be expected to

cover an increasing portion of costs Meadow Lane improvements a financial contribution of pound60000 towards

improvement works throughout Meadow Lane (with any money not being spent on these works within five years of the first operational use of the development site being returned to the developer)

6310 Highways Agency - Initial issues with the Transport Assessment have been resolved

following the submission of additional information and the initial holding objection has now been lifted The HA are content that the issues raised by the Road Safety Audit can be resolved during the detailed design Direct that conditions be attached to any planning permission (1) to secure the necessary off site highway improvement works and (2) to require a Non Motorised Users Audit to be carried out and its recommendations implemented In relation to the Travel Plan the initial shortcomings with the Framework Travel Plan have now been addressed

6311 Natural England -

Designated sites - satisfied with the conclusions of the ES and consider that the proposals are unlikely to have a significant effect on the SPASSSI Landscape - no implications for any statutorily designated landscapes Biodiversity - Broadly agree with the assessment but feel that a minor negative impact may remain at local level for the breeding skylark grey partridge and linnet The numbers affected are small but there is still a need to ensure that habitat enhancement opportunities within the retained open spaces are maximised Soils - it is not clear if the agricultural land (referred to as grade 3) is of the best and most versatile quality If approved the soil resources should be used sustainable particularly the topsoil An appropriately experienced soil specialist should be instructed to oversee this Enhancements - Strongly recommend that the plans for green infrastructure and landscaping be secured by a condition planning obligation requiring a Landscape Management Plan and the delivery of such a plan not forgetting proposals for on-going management of public open space in the long term

6312 Wildlife Trust - The ecology work contained within the ES is acceptable in terms of its

scope content and findings We would recommend that the ecologists own recommendations within section 116 of chapter 11 regarding the retention protection enhancement and future mitigation measures be required by condition Further bat and bird survey work required (July 2011) has now been carried out and is acceptable

6313 Environment Agency - withdraws its initial objections in relation to flood risk and

environmental infrastructure Flood Risk - the additional information supplied demonstrates that surface water from the site can be managed and accommodated onsite if restricted to the Qbar rate The EA therefore withdraws its objection in relation to flood risk subject to a condition ENC need to be satisfied that the proposed development is in accordance with PPS25 - have not taken account to risk of flooding from ground water drainage systems reservoirs canals or ordinary watercourses

Development Control Committee 19 of 100 Date printed 9 November 2011

Environmental Infrastructure - the additional information supplied confirms that there is sufficient environmental infrastructure capacity to serve the proposed development The EA therefore withdraws its objection in relation to this matter Groundwater and contaminated land - based on the submitted information we consider the site to pose a negligible risk to controlled waters however we request a condition relating to the remediation of unidentified contamination Section 106 matters - the ongoing maintenance of the surface water drainage system together with operation and contingency arrangements can be secured through the section 106

6314 Kettering Borough Council - no objection as unlikely to have a significant impact on the

Borough of Kettering

6315 ENC Planning Policy - Overall the scheme represents a major opportunity to deliver

significant new employment development at Raunds for which the CSS evidence base identifies a need Despite some concerns about the quality of the submitted PPS4 sequential and impact statement no planning policy objections are raised in principle to the proposed Phase 2 Warth Park development

6316 ENC Environmental Services (contamination) - No objection The work undertaken in

respect of ground investigation is of a very high standard Levels of contamination found on the undeveloped part of the site do not pose a significant risk to end users of the site The Scalley Farm buildings had however not been surveyed Subject to conditions being imposed that cover the area of the Scalley Farm buildings requiring investigation and remediation is carried out as necessary there is no objection to the development

6317 ENC Environmental Services (noise) - No objection The noise survey was carried out

in accordance with a brief supplied by ENC Environmental Services Conditions should be used (1) to ensure the recommendations within section 878 (p73) of the summary section of the noise assessment are implemented and (2) that works which cause noise audible at the site boundary are not carried out outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays Environmental Services ask that they be consulted in relation to details of piling activity on the site and in determining the detailed layout of the site at reserved matters stage Given that the plans would see the removal of the bunding adjacent to London Road (alongside the gateway part of the development) the applicant has clarified that this section of bunding was included in the noise model for the existing scenario but removed from the model for the noise predictions with the development in the year of opening The bund is only 1m high and would not have had a significant effect on noise levels at the nearest residential properties The Environmental Services officer is therefore satisfied that the noise assessment is robust in respect of that bund and that its removal will not adversely impact on nearby residential properties There is no requirement for any bunding or other mitigation at the southern boundary of the site as there are currently no receptors at this location that will be affected Therefore it would not be reasonable of this authority to request bunding or any other form of mitigation on the southern boundary at this time In respect to objections about current activities at Warth Park the Environmental Services officer has made the following comments The noise assessment provided is firm in its conclusions that the addition of this development will not adversely impact on the residents The current guidelines relating to noise from this type of development have been met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels Therefore I have no reason to

Development Control Committee 20 of 100 Date printed 9 November 2011

object to this development on the grounds of noise Obviously these mitigation measures have been specified as a condition to ensure that they are included in the development and prior to first use

6318 ENC Environmental Services (lighting and air quality) -

Lighting - suitable conditions are required to ensure that the appropriate information on lighting for the site is provided at reserved matters noting that any lighting scheme should be designed to use the minimum necessary lighting Air Quality - no objections A method statement for the construction phase should be required as a pre-commencement condition of the development

6319 ENC Environmental Services (commercial health) - need to ensure safe access and

egress of vehicles and pedestrians using units at the site

6320 ENC Conservation Officer - concerned that landscaping has not been sufficiently

considered - no justification of how the proposed landscape structure was conceived so it is difficult to assess whether the proposed landscape types are appropriate for this site - no details of phasing for the highlighted features such as woodland planting and formal planting so it is difficult to assess the suitability of this alongside the proposed structural planting - need the landscaping to reflect a broader design for the whole site so that the bulk of the planting for each plot is put in place as part of the structure planting (open spaces street planting) Otherwise the creation of individual planting around the smaller plots may lead to fragmentation of the design - development will be visible in the landscape even with the addition of new planting to partially obscure future views Whilst the existing development is already visually prominent the proposed units appear even more prominent interrupting the horizon line and not sitting well with their surroundings The drop in land to the south and west contributes to this prominence Could ground levels be manipulated to allow the buildings to sit lower in the landscape

6321 ENC Design Officer -

(1) The mixed use area at the gateway needs to look towards and integrate with Raunds by having doorways and accesses from London Road This would give a positive visual impression at the gateway into Raunds and would afford residents access to the new facilities by means other than the car An active frontage may also affect driver behaviour and reduce traffic speeds in this area enhancing the overall pedestrian environment (2) There is an opportunity to improve the pedestrian environment and cycle access in the vicinity of this site as highlighted in the Raunds Masterplan including the Meadow Lane right of way to Stanwick Lakes and routes to the town centre

6322 North Northamptonshire Joint Planning Unit -

Jobs Growth - the proposal satisfies the requirement of Policy 11 by providing employment at an existing employment site in an area with a low jobsworkers balance A Training and Employment agreement should be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal (ref policy 8) Planning conditions should be used to ensure that the delivery of the non B8 elements of the scheme contribute towards unlocking other employment uses and diversifying the economy into higher value activities Regarding the proposed town centre uses ENC should be satisfied that the requirements of PPS4 have been satisfied

Development Control Committee 21 of 100 Date printed 9 November 2011

6323 JPU Design Action Manager - ref para 398 of CSS and policy 13 Concerned about

the visual impact of the proposal and its impact on the wider landscape character In photomontage L from the Nene Valley Way the development would result in a bulky form on the skyline and would block the view of Raunds church spire Viewpoint N is likely to demonstrate a similar negative effect Photomontage M demonstrates that the build form spills down the valley side and runs against the contours so that the visual impact is one of long expanses of built form this appears at odds with the gently undulating farmed slopes that are characteristic of the area Photomontage F demonstrates a negative view of the proposal on the brow of the hill Photomontage C shows the building jutting out into the view obscuring the natural fall of the land and the horizon Overall the proposal is contrary to policy 13h in that

is visually prominent in a sensitive location were wide expansive views are key to the landscape character

does not conserve or enhance the landscape character blocks views to the spire and prevents views across undulating countryside to

the horizon does not display design of exceptional quality to counteract the landscape

concerns Layout - More information about the accesses and orientation of the mixed use gateway should be secured through a design brief on the first reserved matters application

6324 JPU Sustainability Officer - Welcome the plans to achieve BREEAM very good for the

B8 element Concerned that the proposed 10 of energy demand to be met from renewables is below the policy 14 target of 30 and that the proposed 15 reduction in CO2 emissions is also too low There is no reference to the 20000sqm of mixed use development which could provide opportunities for the consideration of an energy centre for the site Rainwater harvesting should be utilised across the whole scheme The sustainable drainage system and surrounding open space has potential to create opportunities for recreation and biodiversity benefit Green roofs and ponds do not appear to have been considered

7 Evaluation

71 The following issues are relevant to the determination of this application for planning permission

72 Local Planning Policy and Principle of Development

721 The first consideration should be whether the development conforms with the development plan for the area which for this site is primarily the adopted Core Spatial Strategy and to a lesser extent the adopted East Midlands Regional Plan (taking account of the uncertain future status of the regional plan)

North Northamptonshire Core Spatial Strategy

722 Both the Regional Plan and the NNCSS set out the overall locational strategy for new employment development with priority being given to development in urban areas Whilst the site is located outside the settlement boundary that was proposed (although not formalised) within the 2007 Raunds Preferred Options document it should be noted that the site is on the edge of Raunds and relates well to the settlement

723 The NNCSS aims to achieve greater self-sufficiency for North Northamptonshire as a whole stating in Policy 1 that development in the rural north east will be mainly directed to a rural service spine comprising Oundle Thrapston and Raunds to be supported by regeneration of these towns and improvements to public transport links

Development Control Committee 22 of 100 Date printed 9 November 2011

724 The CSS defines Raunds as a localised convenience and service centre and the strategy for the town should consist of town centre regeneration and diversification of employment and service base (policy 1 and policy 9) It is essential therefore that the impact of the proposal on the town centre has been adequately assessed

725 This proposal for a predominantly B8 distribution development is situated close to the strategic transport network in accordance with policy 11

726 The non B8 aspects of the proposal contain a broad mix of employment related uses therefore representing an opportunity for expansion and diversification of the employment and service base as set out in table 1 of the CSS and enhancing the towns overall retail employment and leisure base Paragraph 392 in the CSS whilst recognising that town centres are the preferred location for the focus of new office development does note that town centres cannot entirely accommodate the amount of land envisaged as being required for office-based uses It further notes that certain types of business use (such as research and development) may find more commercially attractive locations within the sustainable urban extensions or other prominent sites at the edge of towns These will however need to be in locations that are or can be made highly accessible by a range of transport modes

727 Overall whilst the proposals edge of town location could be seen to conflict with the CSSs town centre regeneration focus the proposal would still accord with much of the broader policy content of the CSS

East Midlands Regional Plan

728 The proposal would accord with the thrust of the relevant policies of the East Midlands Regional Plan in that it would enhance the provision of local facilities at Raunds by focusing on the service sector as an economic priority Whilst policy 22 seeks to prevent the development or expansion of additional regional scale out-of-town retail and leisure floorspace this development would not be contrary to this policy given that it consists of predominantly B8 (non-town centre) uses

Other Local Policy Documents

729 In the absence of an up to date site specific DPD for Raunds the non-statutory Raunds Masterplan functions as a relevant material consideration where it compliments the CSS The Masterplan recognises the application site as a potential new employment site and explicitly promotes the expansion of Warth Parkbased on market opportunity strategic location of Raunds and potential employment opportunities The Masterplan does seek to restrict edge or out of town retail However whilst the current proposal does incorporate some town centre uses none of the proposed uses are strictly retail so there is no conflict with this element of the Masterplan

7210 The Northamptonshire Strategic Employment Land Assessment (SELA) highlights the

need for significant growth in respect of job creation employment at Raunds particularly as Employment development within Raunds would help to reduce the very large imbalance of out-commuting from the town

7211 East Northamptonshire Councils own (non-statutory) corporate policies include a focus

on regeneration and economic development and a business friendly planning servicedesigned to make it as easy as possible for companies to set up or expand

73 National Planning Policy and Principle of Development

National Ministerial Statement ndash Planning for Growth

Development Control Committee 23 of 100 Date printed 9 November 2011

731 The recent Ministerial Statement ndash Planning for Growth indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

Draft National Planning Policy Framework

732 The recent Draft National Planning Policy Framework contains a presumption in favour of sustainable development and goes as far as to state that the default answer to development is yes except where this could compromise the key sustainable development principles It goes on to state that local planning authorities shouldgrant permission where the plan is absent silent indeterminate or where relevant policies are out of date This could be said to be the case in respect of Raunds given the East Northamptonshire District Local Plan (now 15 years old) remains the site specific DPD for the town

Planning Policy Statement 1- Delivering Sustainable Development

733 PPS1 refers to the need for sustainable economic development It sets out a positive approach to delivering sustainable economic development including recognising its environmental and social benefits and ensuring that suitable locations are available (paragraphs 23(i) and 23(iii))

Planning Policy Statement 4 - General

734 PPS4 provides further guidance and advises in policy EC101 that planning applications that secure sustainable economic growth should be treated favourably Policy EC102 includes criteria against which applications for economic development should be assessed These include

a) whether carbon dioxide emissions are limited and the proposal is resilient to climate change b) accessibility of the site by a choice of means of transport c) whether the design is of high quality and is inclusive d) impact on economic and physical regeneration including impact on deprived areas and social inclusion objectives e) impact on local employment

These are considered in later sections of this report

Planning Policy Statement 4- Town Centre Uses background

735 Part of the scheme includes town centre uses and there are specific policies in PPS4 relating to these Policy EC171 indicates that applications for main town centre uses that are not in an existing centre and not in accordance with an up to date development plan should be refused planning permission where

a the applicant has not demonstrated compliance with the sequential approach b there is clear evidence that the proposal would be likely to lead to significant

adverse impacts However Policy EC172 then goes on to indicate that where no significant adverse impacts have been identified planning applications should be determined taking account of

a the positive and negative impacts of the proposal in terms of policies EC102 and 161 and any other material considerations and b the likely cumulative effect of recent permissions development under construction and

completed development

Development Control Committee 24 of 100 Date printed 9 November 2011

Planning Policy 4 ndash Sequential Assessment

736 Policy EC15 in PPS4 provides detailed advice on how to consider sequential assessments advising that Local Planning Authorities should take account of the availability suitability viability and accessibility of more central sites and should ensure developers have demonstrated flexibility in terms of their business model

737 PPS4 is accompanied by a Practice Guide which makes it clear in paragraph 56 that the onus is upon the applicant to demonstrate that the sequential test is passed and if more central opportunities are rejected it is for sound reasons that are clearly explained and justified In paragraph 57 it is explained that if a local planning authority proposes to refuse an application involving town centre uses on the basis of the sequential approach it should be on the basis that it considers that there is or may be a reasonable prospect of a sequentially preferable opportunity coming forward which is capable of meeting the same requirements

738 The developer explains that in undertaking their sequential assessment they have disaggregated each unit and assumed that each is a separate business This approach is in accordance with the advice in PPS4 The developer has not however reduced the size of individual units explaining that the formats proposed are those required by the market

739 The catchment area that the developer has considered is the parishes of Raunds Ringstead Stanwick and Hargrave as it is explained that the facilities proposed are not designed to serve wider population Only alternative sites within Raunds are therefore considered and the sites have been taken from the from the Draft Raunds Masterplan Ideally a separate market search should also have been carried out

7310 The alternative sites identified in the sequential test and the developerrsquos conclusions

are set out below

ARPC Containers site ndash reference is made to the viability report submitted in relation to the current application for this site which shows that the site is only viable for a mainly residential scheme BCorner of Titty Ho and Grove Street ndash this site is considered not to be available as it would require relocation of the garage CVacant site between Grove Street and McKenzie Road ndash site is too small and development would impact on residential amenity DBlock between Ashfield Rise Ashfield Grove and Spinney Street - residential amenity would be harmed by restaurant and health and fitness use and the site is unsuitable due to lack of visibility EVacant site on corner of Park Road and Hill Street ndash the site is too small and recommended for residential use FGellrsquos Garage High Street ndash the site is too small and more suited to residential use GLand to east of North Street- the site is too small and more suited to residential use

7311 Insufficient information however has been submitted to support the conclusions The

sites are not identified on a clear map and their sizes have not been provided therefore it is difficult to determine that they are actually too small although your officers do agree that sites surrounded by residential development are likely to be more suitable for residential rather than the uses proposed and also accept that it is not viable to develop the RPC site for the proposed uses

Development Control Committee 25 of 100 Date printed 9 November 2011

7312 The developers make a general point in relation to viability They advise that in the

current economic climate all development projects are difficult to make viable and that commercial development of light industrial units hotels food and drink establishments and leisure facilities are not viable on sites with additional costs for items such as demolition and decontamination

Planning Policy Statement 4 ndash Impact Assessment

7313 Policy EC161 sets out that an impact assessment needs to consider the impact of a

proposal on town centre vitality and viability consumer choice in-centre trade and turnover and possibly the rural economy It shoudl also consider whether the scale of the proposal is appropriate to fit within the hierarchy of centres The accompanying Practice Guide provides guidance on how to consider these impacts

7314 Unfortunately the developer has made no attempt to carry out a detailed impact assessment advising that there are no models that can provide a realistic assessment of impact for the relevant uses at the scale proposed They make the following detailed points

bull More employment and economic activity will have a beneficial impact upon the town bull The creation of additional employment at Raunds is likely to increase the viability of

Raunds town centre An increase in businesses and employees will increase demand for facilities particularly retail in the town centre

bull The prediction is that employees would earn over pound300 million from the proposal over 5 years Although only a small proportion would be spent in the town even 1 spend totals over pound3 million over the 5 year period which will sustain a number of small businesses

7315 Unlike retail proposals there is no accepted methodology for assessing the impact of

town centre proposals however Members will no doubt recall that a more detailed impact assessment was submitted for the proposed leisure centre at Manor Park It is disappointing therefore that the developer has not explicitly considered the issue of the impact that locating town centre uses would have on Raunds town centre Ideally further work should have been carried out

PPS4 - conclusion

7316 The applicants submission in respect of the PPS4 Sequential and Impact Assessment

is not of the quality that would be expected despite this being their second attempt following an initial request for a more detailed assessment However on the basis of local knowledge of the area the markets and the way trade operates the conclusions that it draws are not challenged It is reasonable to conclude that there are no more centrally located sites that could suitably accommodate the proposed development or parts thereof and furthermore that any impact on the existing centres would be minimal

Overall Policy Conclusions

7317 Bringing together the relevant policies there is significant support for the proposal The

main issues are around the acceptability of the sequential and impact assessments particularly having regard to the overall spatial strategy set out in Policy 1 of the Core Spatial Strategy and the focus upon regeneration of the town centre

Development Control Committee 26 of 100 Date printed 9 November 2011

7318 The sequential test is not as clear as it could have been and would have benefited from plans identifying the alternative sites that were considered noting their size and showing their relationship with surrounding development and explaining in more detail why most of them are too small Whilst it would have been helpful for the developer to have carried out their own market research your officers are not aware of other sites that might be available

7319 The impact assessment is poor but on the other hand no clear evidence has been submitted to demonstrate that the proposal would lead to significant adverse impacts Having regard to this the proposal therefore needs to be assessed against Policy EC172 in PPS4 the positive and negative impacts of the proposal in terms of EC102 and 161 and other material considerations need to be considered ie there is no presumption that the application should be refused in accordance with Policy EC171

7320 Considering that no retail uses are proposed for the site and that the sequential

assessment has proved that there are no more central sites that could accommodate the uses proposed it is very unlikely that the development itself would have an adverse impact on the vitality and viability of the town centre

7321 Indeed it could be argued that the development would raise the profile of Raunds by

attracting more businesses and visitors to the town The development would be closely related to existing retailing and leisure uses namely MampS BP McDonalds and Raunds Town Football Club Combined with the application proposals these could form a leisure hub to the west of Raunds again attracting more business to the town which could in turn help support the town centre Consideration is given in a later section to the potential for seeking developer contributions towards civic improvements within the town In this respect the development could also be seen to have a positive impact on the town and contribute to this important element of the CSS

7322 The Town Council have on a number of occasions expressed concern about the

amount of food establishments within the town centre and stressed that what they want to attract into the town centre is retail development

7323 Other sections of this report consider the proposal against Policy EC102 in PPS4 and

the positive and negative impacts of the proposals and other material considerations and these are all brought together and weighed in the balance in the conclusion to this report

74 Mix of uses

741 The applicant has suggested that it is the significant B8 element of the scheme that makes the proposal stack up but officers would have significant concerns if there was a prospect that the accompanying business and leisure uses were not going to also come forward Clearly the proposed mix of uses for the site is what makes the current application so attractive so it is important that the council does all it can to ensure that the mix is not diluted to a less attractive package

742 In reality it is likely that reserved matters applications will come forward individually as the site gains interest from end-users There is the associated risk that the precise combination of uses could end up being slightly different to that indicated in the application Each reserved matters application would have to be considered on its own merits

Development Control Committee 27 of 100 Date printed 9 November 2011

743 The indicative breakdown of uses that has been put forward in the application (Transport Assessment) is as follows

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

744 As it is not yet known what end-user interest will come forward it would be unduly restrictive to dictate that reserved matters must come forward strictly in line with this indicative mix as a lack of flexibility in this sense could deter take-up on the site However it is recommended that a condition be imposed that stipulates the upper limit of the various types of use class in order to ensure that no one type of use can dominate the development It is also recommended that a condition be imposed that would require the applicant to submit an annual report demonstrating how the site has been actively marketed for the full mix of uses This would maximise the opportunities of getting the most desirable mix of uses for the site but would also mean that the evidence base that is built up in this way could then be used to support decision making on any reserved matters proposal that may come forward that does not strictly line up with the indicative mix

745 Concern was raised that the site of the gateway part of the development may already have planning permission for a B8 warehouse However this permission has expired so there is no prospect of a B8 warehouse coming forward on this part of the site without a further application Any such application would prejudice the aims of the current proposal so is unlikely to be supported unless there is a very strong evidence base that the desired mix of uses are not deliverable

75 Training and employment

751 The applicant has suggested that 1500 jobs would be created as a result of the development Several representations have challenged this assumption and raised fears that these may not be skilled jobs or that the local population may not benefit

752 Clearly the figure is an estimate and is a rounded figure but is considered to be a reasonable estimate based on the job densities used in the North Northamptonshire SELA report It is acknowledged that a large distribution unit could employ anything from 100 to over 1000 staff depending on the nature of the end users operations and that the seasonal variations of the leisure uses would also give rise to uncertainty What is certain is that the development would provide significant additional employment at an existing employment site in an area with a low jobsworkers balance This can only be a good thing for the socio-economics of this part of the district

753 The JPU suggest that a Training and Employment agreement could be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal However in this instance the council is proposing to trial an innovative scheme called Construction Futures which aims to develop high quality skills for local people invests money from developers and government in to the local economy and hence helps to create inclusive communities To summarise the developer would pay a financial contribution to Construction Futures who would in turn use this money to administer and deliver a programme of site-based work experience training and apprenticeships for students of local colleges such as Moulton and Tresham The number of training hours would be determined by the size and nature of the proposed development and could be used in a combination of different ways

Development Control Committee 28 of 100 Date printed 9 November 2011

construction students could gain practical work experience which may include apprenticeships during the construction phase

logistics hospitality leisure or childcare students could benefit from placements at the various businesses that ultimately occupy the new premises

construction firms or end users of the site could go into schools andor colleges to deliver presentations as part of a curriculum

local businesses would benefit from being offered subsidised business development and up-skilling training to meet industry requirements

754 Construction Futures based in Northampton has been securing similar such benefits for schemes dealt with by WNDC for the last few years so has a proven track record of positive outcomes and compliance with the relevant planning legislation The scheme has been increasing in profile in recent months and has generated significant national press interest The applicant has indicated a commitment to the Construction Futures scheme and has agreed to this being worked into the section 106 agreement for the site Further details of the scheme can be found at wwwconstructionfuturesorguk

76 Highways

761 It is proposed that the London Road between the A45 and Warth Park Way Brick Kiln Road be widened to a dual carriageway which would in turn facilitate the need for the connection to the A45 roundabout to be revised The existing roundabout at Brick Kiln Road that forms the site access would be improved and the existing Warth Park Way running into the site would also be widened to a dual carriageway with a new roundabout introduced some 150m into the site close to the first existing junction

762 A detailed Transport Assessment was submitted alongside the application and this takes into account the impact of potential forthcoming development at Northdale End and Darsdale Farm The TA predicts a total traffic generation of some 500 trips both arrivals and departures in the morning peak and some 700 in the afternoon peak The impact on traffic flows at several junctions has been assessed including the A45 roundabout the Brick Kiln Road Warth Park Way roundabout the Meadow Lane Marshall Road junction and the Stanwick Road Wellington Road roundabout

Impact on the strategic highway network

763 The Highways Agencys initial issues with the Transport Assessment have been resolved following the submission of additional information and the HAs initial holding objection has now been lifted The HA are now content with the proposed development and its impact on the A45 The HA are also satisfied with the Framework Travel Plan They confirm that any issues arising from the Road Safety Audit can be resolved during the detailed design stage and direct that conditions be used to secure the necessary improvement works to the A45 roundabout and to require a Non Motorised Users Audit to be carried out and its recommendations implemented

Local transport network

764 The highways officer at NCC has confirmed that he is happy that the proposed highway improvements comprising the improvements to the A45 roundabout dualling of the London Road down to the Warth Park roundabout and the provision of a cycleway on London Road between the Warth Park roundabout and the new toucan crossing should satisfactorily facilitate the development

765 The broad principles of the internal road layout and parking provision are acceptable to the highway authority but the precise design details of these would be agreed for each part of the site as the respective reserved matters applications come forward A condition is suggested that would require a masterplan for the non-B8 element of the scheme to

Development Control Committee 29 of 100 Date printed 9 November 2011

submitted in conjunction with the first of the reserved matters applications for the gateway development Further detail of the internal road parking and access layout would therefore be considered at this stage and we would be able to ensure that pedestrian access from London Road can be facilitated in accordance with the comments of our design advisors

766 The Raunds Masterplan highlights a need for improvements to pedestrian and cycle provision throughout the town Accessibility of the site by bicycle from the local area would be enhanced by the provision of a new cycleway on the west side of London Road linking the new toucan crossing up to the Warth Park Way roundabout where it would link in with the cycle provision within the Warth Park site Conditions can be used to secure the provision of the cycle path on London Road and the design details of the segregated cycleway through the site that would serve to keep cycles separate from the HGV route

767 A particular priority of the Raunds Masterplan is to improve access to leisure opportunities for residents of the town and it would be desirable to ensure that future users of the Warth Park development also have access to local leisure opportunities Meadow Lane a bridleway which runs along the southern boundary of the site and leads to Stanwick Lakes is in a poor condition at present The developer has agreed to make a financial contribution to enable the entire length of Meadow Lane to be improved hence enabling a circular leisure route for workers or visitors to the Warth Park site and improving access to the countryside and Stanwick Lakes for the whole town (see section 7155)

Sustainable Transport and Travel Plan

768 A Framework Travel Plan has been submitted which identifies proposed measures to be implemented on a development wide basis and provides a framework for the preparation of specific travel plans for each individual site forming part of the development as it comes forward The Framework Travel Plan also identifies overall traffic generation limits and a preliminary modal shift target A condition is recommended that would require a more detailed Travel Plan that broadly accords with the Framework Travel Plan to accompany each reserved matters application

769 The number 16 bus is a long standing service that runs past the entrance to the site and the X46 and X47 have also been improved this year The county council feel that is would be feasible to provide a diversion so that a new stop within Warth Park would be served In this regard NCC has requested a financial contribution of pound50000 towards bus services pound5000 of which would be for a new bus shelter on Warth Park Way with the remainder being used to enable an extension to the recently introduced County Connect demand responsive transport (most likely by extending the 7am-7pm operating day by 3 hours to enable shift changeover) This would complement the measures in the Framework Travel Plan and help to facilitate modal choice for potential users of the development from the wide surrounding area

Rights of Way Implications

7610 There is an existing right of way (footpath UG39) that crosses the site in a east-west

direction terminating at the A45 which severs the path (the underpass is slightly further south at the end of Meadow Lane) This right of way has already been diverted between the existing commercial buildings on Warth Park and a further diversion would be required to facilitate the proposed development The applicant proposes to divert the footpath in a northerly direction so that it joins in with the proposed footpath and cycleway that would be created through the development site This would take the form of a segregated track to the north of the HGV access road separating to meander through the landscaped public open space before joining in with the Meadow Lane at the south western corner of the site and enabling convenient crossing of the A45 via the existing underpass

7611

Development Control Committee 30 of 100 Date printed 9 November 2011

Whilst not the shortest or most direct route this proposal would seem to be the logical and most pleasant route for the footpath diversion Unfortunately the Ramblers Association do not share this view Firstly they feel it should be possible to design the scheme around the footpath but this would not be possible due to the scale of the proposed buildings and the topography of the site Secondly they feel that if the footpath has to be diverted the diversion should be routed in a southerly direction in between the proposed warehouse units to join Meadow Lane However officers view is that this would not be a desirable route for the footpath and could well be harmful from a planning out crime point of view

7612 Clearly any diversion of the footpath would need to undergo the formal process of a

section 257 Diversion Order This process is separate to planning permission but must be carried out prior to development commencing (an informative to this effect could be placed on any planning permission) What is important at this stage is that there are at least three possible and feasible routes that the diversion could take and any disagreement about the relative desirability of these routes would be resolved through the formal Diversion Order process Therefore although no final decision has been reached about the ultimate route of the diverted footpath there is no reason why planning permission cannot be granted

77 Design - Illustrative Site Layout

771 The mix of uses proposed for the north eastern corner of the site has potential to provide a positive gateway to Raunds The desire for dual-aspect units which positively address London Road with active frontage and pedestrian access points could easily be facilitated in the detailed design stage As mentioned above a condition is suggested that would require a masterplan for the non-B8 element of the scheme to be submitted in conjunction with the first of the reserved matters applications for the gateway development and it would be expected that these principles would be incorporated into such a masterplan

772 The significant footprint of the three large B8 units and the existing site constraints (a gas main and the natural contours of the site) has dictated to some extent the positioning of these units within the indicative layout The buildings would form a logical extension to the existing phase one warehouse units particularly the large Indesit unit which would be adjacent to the extension and is of comparable scale to the units proposed

773 The proposed road alignment appears logical and workable with separate distinct elements of the scheme each served off their own points of vehicle access The highway and safety implications of the road and parking layout are discussed in the highways section

774 A significant area of public open space is proposed at the western corner of the site This would help to soften the edge of the development and provide a transition into the countryside beyond Attenuation basins would be incorporated into the landscaping which would add visual and ecological interest as well as serving to ensure sustainable drainage of the site

78 Landscape implications and long views of the site

781 The Design Action Manager at the JPU has commented negatively in respect of the landscape and visual impact of the proposed development The JPU comments highlight that the site is part of the Limestone Valley Slopes character area (as defined in the Environmental Character Assessment) hence exhibiting expansive long distance views gently undulating farm slopes with urbanising elements despoiling the edges where town meets country She also refers to the Nene valley being known for its unspoilt beauty and its many views of church spires and historic houses particularly from Twelve Spires Hill where 12 church spires including that of Raunds can be seen together The JPU is concerned that these photomontages show that the bulky form of development on the horizon and spilling down the valley would result in a negative landscape impact by and more specifically would block the view of Raunds church spire from the Nene Valley Way The JPU consider that the

Development Control Committee 31 of 100 Date printed 9 November 2011

development is not of exceptional design and its bulk and position would appear at odds with the gently undulating farmed slopes and hence do not conserve or enhance the landscape character contrary to policies 13 h and o

782 The ridge top location of the proposed development means that it would be visible from a wide area as demonstrated in the series of photomontages that have been submitted with the application The significance of the landscape impact is however a subjective matter and must be weighed against the other material considerations

783 The existing Warth Park buildings are already visible in the wide landscape and the proposed new development would be viewed against this context against the backdrop of the existing units and the whole town The Environmental Character Assessment acknowledges that the edges of this natural valley are already blurred by urbanising elements - in the reasonably near vicinity there are several examples of this at Wellingborough Irthlingborough Rushden Higham Ferrers and Raunds There is also the A45 trunk road running along the eastern slope of the valley creating a physical barrier between the unspoilt valley bottom and the urban settlements to the east In the vicinity of the Warth Park proposals the A45 and the dense wooded areas on its western side create a physical and visual barrier between the valley and the development site It could therefore be argued that this would limit the impression of encroachment into the valley The view of the church spire as shown in photomontage L is an extremely long-distance view (approximately 33km) that is already partly obscured by the existing Warth Park development The presence of other settlement edge uses at Raunds Stanwick and towards Irthlingborough is a consideration as is the natural screening that is anticipated to mature in front of the development over time Whether the additional impact of the new units further severing this view of the spire is significant enough to conclude that this is harmful to the landscape is a matter of subjective judgement which must be weighed against other material planning considerations

79 Landscaping

791 The councils conservation officer has expressed concern about the level of detail that has been submitted in relation to structural landscaping of the site Although the written principles that are described seem broadly acceptable the scheme has not been illustrated on a plan and there is insufficient detail in terms of phasing and implementation This is of particular concern due to the large scale of the proposed development and the need to avoid piecemeal approach to the landscaping given the likelihood that reserved matters will come forward bit by bit

792 Whilst recognising that this is an outline application that does not include landscaping the importance of getting a coherent scheme of structural landscaping throughout a site of this size and avoiding a piecemeal approach to landscaping should not be underestimated In the circumstances it would seem reasonable and sensible to request details of the structural landscaping for the whole site prior to the submission of any reserved matters applications and furthermore to request that the approved structural landscaping is put in place alongside the overall site infrastructure and the construction of the first building

793 Once a coherent structural landscaping scheme has been secured the finer details of landscaping that would come in with each of the subsequent reserved matters applications would be less critical and subject to more flexibility

794 It is recommended that the section 106 agreement incorporates the requirement for a landscape management plan and provisions for ongoing maintenance of the public open space

Development Control Committee 32 of 100 Date printed 9 November 2011

710 Noise

7101 Four residents of London Road Gardner Close Crispin Way and Keston Way have

highlighted that they already suffer noise disturbance from the existing Warth Park in the form of vehicle noise reversing bleepers air conditioningfans loading works and raised voices and that this disturbance is particularly concerning at night These residents are concerned that the disturbance would be worse if the proposed development goes ahead particularly given that the application seeks 24 hour operations Local concern is heightened by the fact that the existing bund on the western side of London Road opposite the football club would be removed as part of the proposals

7102 The application was supported by a Noise Assessment and this has been considered in

detail by the councils Environmental Services officers who conclude that they have no concerns or objections to the proposed development They are content that the removal of the existing bund would not adversely impact on nearby residential properties The noise assessment demonstrates that current guidelines relating to noise from this type of development would be met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels

7103 In the light of this technical advice from the councils noise experts it would be

extremely difficult to substantiate a reason for refusal on the grounds of noise disturbance However conditions are recommended to ensure that the proposed mitigation is put in place and that construction works are restricted to certain hours

711 Ecology

7111 The application was accompanied by ecological submissions both as part of the ES

and following in later specific studies The proximity of the Upper Nene Gravel Pits SPA and SSSI and the likely impact of the development on this designated site is an important consideration that has been taken into account The impact on wider biodiversity of the site in particular bats and birds and the effect on soils and green infrastructure have also been considered

7112 Both the Northamptonshire Wildlife Trust and Natural England have considered in

detail the ecological submissions and they confirm that these are acceptable is scope content and robustness These consultees therefore have no objections to the proposals subject to conditions ensuring

the development is carried out in accordance with the recommendations within section 116 of chapter 11 of the ES regarding ecological retention protection enhancement and future mitigation measures particularly to ensure that habitat enhancement opportunities within the retained open spaces are maximised

the soil resources particularly the topsoil should be used sustainably and the works should be overseen by an appropriately experienced soil specialist

7113 Concern has been raised by an objector about the impact on red kites However further discussion on this matter with both the Wildlife Trust and a local bird specialist recommended by the Wlidlife Trust would suggest that the proposed development would not give rise to significant concern

Development Control Committee 33 of 100 Date printed 9 November 2011

712 Flooding

7121 A sustainable urban drainage system in the form of attenuation basins and swales is proposed for the site to manage the impact of the development on drainage A Flood Risk Assessment has also been carried out for the site The initial objection of the Environment Agency has been overcome by the submission of a revised Flood Risk Assessment The EA has therefore withdrawn its objection in relation to flood risk subject to a condition specifying the technical approach to run-off and stipulating that any alternative approach would necessitate further discussion

7122 It is clear from the response that the EA has taken account of the nearby Hogs Dyke in its consideration of the FRA Given the location and topography of the site the council is not aware of potential flood risk from any other source Subject to compliance with the suggested condition the development would be in accordance with PPS25

713 Archaeology

7131 Several archaeological programmes have been carried out which demonstrate the

presence of Iron Age Roman and Saxon activity over a wide area of the site The medieval activity on site is likely to be peripheral to the village of Mallows Cotton which is now a Scheduled Monument and is separated from the site by the modern A45 Despite the investigative works that have already been undertaken by the applicant on site a condition requiring a further programme works is recommended to record and advance an understanding of any assets in accordance with PPS5 and the advice of the County Archaeologist

714 Sustainability

7141 The proposal would achieve BREEAM very good in accordance with policy 14 of the

CSS However policy 14 also contains a target for 30 of energy demand be met by renewables but the current proposal only provides for 10

7142 The sustainability officer at JPU has indicated that the measures proposed such as

solar water heating air source heat pumps sustainable drainage systems are a good start but she feels that further measures should be considered for a development of this scale or at the very least there should be an economic or technical submission justifying why the 30 target cannot be more closely met She has suggested a condition similar to that used on other schemes which requires a strategy to be submitted with each reserved matters application

to demonstrate how a target of at least 30 (minimum 10) of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply or

if the 30 target cannot be met the energy strategy should be accompanied by a technical and economic viability assessment to justify the shortfall

Development Control Committee 34 of 100 Date printed 9 November 2011

715 Section 106 contributions

7151 The development is of a size which generates a need for social and community

infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7152 In considering whether contributions are justified and can be sought Members must

have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

7153 Members also need to be mindful that the current basis for seeking contributions is the

Councilrsquos SPD in relation to developer contributions

7154 The following is a summary of the main headlines under which section 106

contributions have been negotiated

Meadow Lane

7155 Upgrading of Meadow Lane to facilitate access to Stanwick Lakes is a priority to both

ENC and NCC and the developer has agreed to contribute pound60000 towards this which NCC has advised should be sufficient to re-surface the entire length of Meadow Lane with a permeable hardcore or similar A specification for the upgrading works has been provided by NCC and this would suitably accommodate cyclists pedestrians horses and farm vehicles

Cycleway for London Road

7156 In terms of achieving connectivity of the site to Raunds town centre the developer has

agreed to provide a cycleway on the western side of London Road travelling north from the new toucan crossing outside the cemetery up to the Warth park roundabout and into the site This is in accordance with the request of NCC

Buses

7157 NCC initially asked for pound80000 (pound15000 a year for five years plus a further pound5000 for

a bus shelter just inside the application site) with reference to possibly diverting the recently improvedextended services 16 X46 and X47 to a new stop inside the Warth Park development and enhancing the new County Connect demand responsive service in order to enable a large catchment to reach the site

7158 In a later representation NCC revised this request downwards to pound50000 (pound15000 a

year for three years plus a further pound5000 for a bus shelter) the justification for this being

Development Control Committee 35 of 100 Date printed 9 November 2011

bull a training contribution (Construction Futures) and other calls on land value have not been required of other schemes

bull other developments may well also be contributing to bus services bull demands and revenue from this site and other schemes can be expected to cover an

increasing portion of costs

Training and development

7159 Construction Futures is a new approach to gaining contributions towards securing

training opportunities for local young people The section 106 agreement would require the developer to sign up to providing a certain number of training hours for young people from local colleges Exactly how the training hours are used would be negotiated after the agreement is signed (see earlier section for more detail of how this could work) On top of the requirement to provide training hours there would also be a financial contribution of approximately pound100000 associated with this that would go towards the administration and co-ordination of the scheme

Raunds town centre

71510 In line with the approach taken on the Northdale End site the developer has agreed to

pay a pound20000 financial contribution towards improvements for Raunds town centre Rather than specify this be used for shop fronts it is envisaged that this could better be used as more of a civic community improvement fund

Open Space

71511 The developer is proposing to provide and maintain the on-site open space at no cost

to Raunds Town Council A maintenance programme would therefore need to be secured as part of the section 106 agreement

Other matters not pursued in the S106

71512 Improvements to pedestrian access between Raunds and Ringstead were considered but under the tests of CIL these were not felt to be sufficiently justified

8 Conclusions

81 The planning policy evaluation highlights the deficiencies with the PPS4 sequential and impact assessment that has been undertaken by the developer Nonetheless PPS4 also provides that in the absence of any evidence of harm the development should be assessed on the basis of its positive and negative impacts in the light of current policy and other material planning considerations

82 The remainder of the planning policy evaluation shows a great deal of support for the proposed development in terms of its fit with PPS1 the Ministerial Statement ndash Planning for Growth the Draft National Planning Policy Framework the East Midlands Regional Plan the North Northamptonshire Core Spatial Strategy the Raunds Masterplan and the councils own (non-statutory) corporate policies

83 Apart from a subjective disagreement about the extent to which visual harm will result to the wider landscape and the limitations of the sequential impact assessment there is no evidence that harm will result from the proposal In fact the benefits of the scheme are considered to far outweigh the disbenefits particularly in relation to local employment creation economic regeneration social inclusion sustainable transport and accessibility and inclusive design which would create an enhanced entrance to Raunds

Development Control Committee 36 of 100 Date printed 9 November 2011

84 Therefore on balance it is recommended that planning permission should be granted

85 It should be noted that the application falls within the scope of the Consultation Direction (circular 022009) which requires local planning authorities to consult the Secretary of State before granting planning permission for certain types of development The current proposal falls within this scope as it is within the definition of section 5(1) of the annex therein which includes development outside town centres further defined as development which consists of or includes retail leisure or office use and which (a) is to be carried out on land which is edge-of-centre out-of-centre or out-of-town and (b) is not in accordance with one or more provisions of the development plan in force in relation to the area in which the development is to be carried out and (c) consists of or includes the provision of a building or buildings where the floor space to be created by the development is 5000 square metres or more

9 Recommendation

91 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

10 ConditionsReasons -

1 Development shall not commence until details of

a) the layout of the new development

b) the scale of the new development

c) the appearance of the new development and

d) the landscaping of the site (hereinafter called the reserved matters) shall be obtained from the local planning

authority Reason The application is in outline only and the reserved matters referred to will

require full consideration by the local planning authority

2 Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

3 The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

4 The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall thereafter be constructed in accordance with the slab levels that have been approved in writing by the local planning authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

Development Control Committee 37 of 100 Date printed 9 November 2011

5 Prior to the commencement of each part of the development full details of all external materials including finish and colour scheme shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with the approved details

Reason In the interest of amenity

6 Prior to the commencement of each part of the development hereby permitted details of the location height design and materials of any boundary treatments shall be submitted to and approved in writing by the Local Planning Authority and all such works shall be erected concurrently with the erection of the buildings Such approved details shall be erected and retained in perpetuity thereafter

Reason To ensure that the appearance of the development is satisfactory and that it contributes to the visual character and amenity of the area

7 Prior to the occupation of the development the works hereby permitted shall be constructed in accordance with BWB drawing NTT672SK01P5 dated 092011 (in respect of works to the trunk road network) Any revisions that may be required resulting from the implementation of the recommendations of the Road Safety Audit shall be approved in writing by the local planning authority in consultation with the Highways Agency

Reason In the interest of highway safety

8 No part of the development hereby approved shall be occupied until a Non Motorised Users Audit has been undertaken and the recommendations therein have been implemented

Reason In the interest of highway safety and sustainable transport

9 No development shall commence until a scheme for off-site highway improvement works (comprising improvements to the A45 roundabout (Highways Agency control) and duelling of the northern portion of London Road associated works to the Warth Park roundabout and provision of cycleway on the western side of London Road (NCC control)) has been submitted to and approved in writing by the local planning authority None of the premises hereby permitted shall be occupied until all of the off-site highway works have been carried out and written confirmation has been provided by the local planning authority that these works are acceptable

Reason In the interest of highway safety

10 Prior to the first occupation of any of the buildings on site a cycleway shall be provided adjacent to the west side of London Road in accordance with full details which shall have been submitted to and approved in writing by the local planning authority

Reason In the interest of promoting sustainable transport

11 Prior to the commencement of development design details of the segregated cycleway through the northern end of the site and through the open space shall have been submitted to and approved in writing by the local planning authority Development shall then proceed in accordance with the approved details

Reason To ensure a safe and attractive route for cyclists through the site

12 All reserved matters submissions shall accord with the principles contained within the Framework Travel Plan and a further detailed Travel Plan shall be submitted in conjunction with each reserved matters submission for each part of the development hereby permitted The detailed submissions shall cover pedestrian cycle and public transport linkages within and outside of the site as well as prospective management arrangements for future occupiers of the development and shall identify the mechanisms by which the Travel Plan proposals are to be delivered the targets and the timing of delivery

Reason In the interests of promoting sustainable transport

Development Control Committee 38 of 100 Date printed 9 November 2011

13 No more than 105073 sq m of floorspace is permitted under this outline permission within which no more than 6050 sq m shall be for A3-5 C1 or D1-2 uses and within which no more than 1500 sq m shall be for D2 use (health and fitness) no more than 2500 sq m shall be for C1 use (hotel) no more than 300 sq m shall be for D1 use (nursery) and no more than 2500 sq m shall be for A3-A5 uses (food and drink) No more than 3348 sq m of the total floorspace shall be for B1 uses and no more than 100000 sq m of the total floorspace shall be for B8 uses

Reason To ensure an appropriate mix of uses on the site

14 On the first anniversary and each subsequent anniversary or any other such period as agreed in writing by the LPA of the granting of outline planning permission a report shall be submitted to the LPA demonstrating how the site has been marketed for the full mix of uses applied for in the outline application This report shall include though not exclusively the marketing material and marketing media used during the previous year numbers and types (including general company size and sector) of inquiries received during the previous year locational origin of these inquiries inquiry requirement (by size and building type) together with explanation of why the inquiry has or has not progressed

Reason to ensure that the full mix of uses permitted by the planning permission is delivered on the site and is among other material considerations in accordance with market demand

15 The first reserved matters application made for the areas to the north of the existing Warth Park (all buildings except the three large warehouses) shall include a masterplan for these areas including access (pedestrian cycle vehicle) location of buildings frontages and entrances (including relationship with London Road) parking and service areas and principle landscaping No building within this masterplan area shall be commenced until the masterplan is agreed in writing by the LPA Subsequent reserved matters submissions for these areas shall accord with the design principles within the approved masterplan unless otherwise agreed in writing when further reserved matters applications are made

Reason To ensure that the reserved matters applications for this area are coordinated and that the area is properly connected to the surrounding area

16 In conjunction with the reserved matters submission for each part of the site an Energy Strategy for the energy supply incorporating renewables andor from decentralised renewable or low carbon sources shall be submitted to and approved in writing by the Local Planning Authority The strategy shall demonstrate how a target of at least 30 with a minimum of 10 of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply in accordance with the approved Energy Strategy Framework If the 30 target cannot be met a technical and economic viability assessment shall be submitted together with the energy strategy for the approval of the Local Planning Authority The strategy shall include details and a timetable of the physical works on site The strategy shall be implemented as approved and retained operational thereafter unless otherwise agreed in writing by the Local Planning Authority

Reason In the interests of sustainable development and energy efficiency in accordance with PPS 1 and the supplement to PPS 1 PPS 22 Policy 2 of the East Midlands Regional Plan and Policy 14 (a) (iii) of the CSS for North Northamptonshire

17 Prior to commencement of any development a comprehensive landscape masterplan including full details of the structural landscaping of the site shall be submitted to and agreed in writing by the local planning authority The approved structural landscaping shall be implemented during the first planting season following the completion of the first building on site unless otherwise agreed in writing by the local planning authority Any planting forming part of the approved landscaping scheme which dies or becomes diseased within 5 years of planting shall be replaced in accordance with details to be submitted to and approved in writing by the local planning authority

Development Control Committee 39 of 100 Date printed 9 November 2011

Reason To ensure that structural landscaping is delivered in a comprehensive manner and to assist with mitigating the visual impact of the scheme on the surrounding area

18 The structural landscaping will be maintained by the applicant or an organisation appointed by the applicant and notified to the LPA as publicly accessible open space in accordance with details to be submitted to and approved in writing by the local planning authority subject to any limitations to ensure its proper functioning for surface water drainage Access to this area shall commence upon completion of the structural landscaping or as otherwise agreed in writing by the local planning authority

Reason To ensure that there is public access to the area of open space

19 Development shall proceed in accordance with the recommendations in section 116 of chapter 11 of the ES (received by the local planning authority 2 June 2011) regarding ecological retention protection enhancement and future mitigation measures unless otherwise agreed in writing by the local planning authority

Reason In the interests of ecological protection and ensure that enhancement opportunities are maximised

20 Each stage of the development shall proceed in accordance with a strategy for the sustainable use of soil and topsoil resources which shall be submitted to and approved in writing in conjunction with each reserved matters application This strategy shall include details of the arrangements by which an appropriately experienced soil specialist will oversee the development

Reason To ensure the sustainable use of soil

21 The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved by the Local Planning Authority (LPA) and until the scope of works approved therein have been implemented where possible The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination andor pollution of controlled waters It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the sites existing status and proposed new use Two full copies of the site investigation and findings shall be forwarded to the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo If during development contamination not previously considered is identified then the LPA shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the LPA

Reason To ensure all contamination within the site is dealt with

22 Where the risk assessment identifies any unacceptable risk or risks an appraisal of remedial options and proposal of the preferred option to deal with land contamination andor pollution of controlled waters affecting the site shall be submitted to and approved by the LPA No works other than investigative works shall be carried out on the site prior to receipt and written approval of the preferred remedial option by the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo

Reason To ensure the proposed remediation plan is appropriate

23 Remediation of the site shall be carried out in accordance with the approved remedial option No deviation shall be made from this scheme without the express written agreement of the LPA

Reason To ensure site remediation is carried out to the agreed protocol

Development Control Committee 40 of 100 Date printed 9 November 2011

24 On completion of remediation two copies of a closure report shall be submitted to the LPA The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s) Post remediation sampling and monitoring results shall be included in the closure report

Reason To provide verification that the required remediation has been carried out to the required standards

25 Development shall not begin until a detailed scheme for the provision implementation ownership and maintenance of the surface water drainage for the site in accordance with the additional response to the Environment Agency objection Environmental Infrastructure amp Flood Risk undertaken by RPS (ref ABA5007 revision A dated 26 September 2011) has been submitted to and approved by the local planning authority The detailed scheme shall be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storage of disposal of surface water from the site and to ensure future maintenance of the surface water drainage system

26 No development shall take place until the applicant or their agents or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority

Reason To ensure that features of archaeological interest are properly examined and recorded in accordance with PPS5 Policy HE12

27 No construction works that cause noise to be audible outside the site boundary shall take place outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays This includes deliveries to the site and any work by contractors or sub contractors

Reason In the interests of residential amenity

28 Prior to the commencement of any part of the development hereby permitted a Construction Management Plan shall be submitted to and approved in writing by the local planning authority The Construction Management Plan shall include and specify the provision to be made for the following

i Overall strategy for managing environmental impacts which arise during construction ii Measures to control the emission of dust and dirt during construction iii Control of noise emanating from the site during the construction period iv Hours of construction work for the development and hours that construction traffic shall

access and egress the site v Contractorsrsquo compounds materials storage and other storage arrangements cranes and

plant equipment and related temporary infrastructure vi Designation layout and design of construction access and egress points viiInternal site circulation routes viii Directional signage (on and off site) ix Provision for emergency vehicles x Provision for all site operatives visitors and construction vehicles loading and unloading

plant and materials xi Provision for all site operatives visitors and construction vehicles for parking and turning

within the site during the construction period xiiDetails of measures to prevent mud and other such material migrating onto the highway

from construction vehicles xiii and other similar debris on the adjacent public highways xiv Routing agreement for construction traffic xvStorage of plant and materials used in constructing the development

Development Control Committee 41 of 100 Date printed 9 November 2011

xvi Enclosure of phase or development parcel development sites or development parcels and the erection and maintenance of security hoarding including decorative displays and facilities for public viewing where appropriate

xvii Waste audit and scheme for waste minimisation and recyclingdisposing of waste resulting from demolition and construction works

The approved Construction Management Plan shall be adhered to throughout the construction period and the approved measures shall be retained for the duration of the construction works

Reason In the interests of safety and local amenity

29 Prior to the commencement of each part of the development a lighting scheme for the relevant part of the development shall be submitted to and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these approved details

Reason In the interest of amenity and crime prevention

30 Prior to the commencement of development a scheme and timetable for the provision of fire hydrants shall be submitted to and agreed in writing by the local planning authority and provision of fire hydrants shall be made in accordance with the scheme and timetable

Reason To ensure a satisfactory form of development

31 Each reserved matters submission shall include full details of hard and soft landscape works for that part of the scheme These details shall include the proposed finish levels or contours means of enclosure car parking layouts other vehicle and pedestrian access and circulation areas bin storage and hard and soft surfacing materials All hard and soft landscape works shall be carried out in accordance with the approved details The works shall be carried out prior to the occupation of the relevant part of the development or in accordance with a programme agreed in writing by the local planning authority All planting seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting seasons following the occupation of the buildings or the completion of the development whichever is the sooner and any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the local planning authority gives written approval to any variation

Reason In the interest of visual amenity

Informatives

1 In approving this application the content of the submitted Environmental Statement has been taken into account The relevant planning guidance and policies were identified as PPS1 PPS4 PPS7 PPS9 PPG13 PPS22 PPG24 PPS25 East Midlands Regional Plan Policies 1 2 11 18 20 21 22 North Northamptonshire Core Spatial Strategy 2008 policies 1 8 9 11 13 and 14 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development mix of uses employment creation impact on highways sustainable transport righs of way designlandscape impact landscaping noise ecology flooding archaeology and sustainability The application has been approved as

The principle of the development is acceptable when weighing all planning policies and material considerations

the impact of the proposal on the vitality and viability of existing centres would be minimal

Development Control Committee 42 of 100 Date printed 9 November 2011

The proposal would give significant benefits to the district particularly in respect of local employment creation and economic regeneration

The proposal would not have an unacceptable impact on the local or strategic highway network

The development would not cause significant harm to the visual amenity or character of the area

The proposal would not have a significant impact on the amenities of neighbouring occupiers

The proposal would be accessible by means of transport other than the car

2 Guidance on the sustainable use of soil resources can be found in Defra Construction Code of Practice for the Sustainable Use of Soils on Construction Sites (see httpwwwdefragovukpublicationsfilespb13298-code-of-practice-090910pdf)

3 The proposed surface water scheme should be in accordance with the additional response to Environment Agency objection Environmental Infrastructure amp Flood risk (ref ABA5007 revision A dated 26 September 2011) which restricts run-off to Qbar If the developers wish to pursue the alternative strategy of restricting the sit to Q30 further discussion will be required given the historic nature and lengthy background to Warth Park and works to Hogs Dyke

4 The highway proposals associated with this consent involve works within the public highway which is land over which the developer has no control The Highways Agency therefore requires the developer to enter into a suitable agreement to cover the design and construction of the works Please contact Mr Alan Darby of the Agencys Area 7 network Delivery and Development Directorate 0121 687 4165 at an early stage to discuss the details of the highway agreement

5 A Site Waste Management Plan will be required for the development hereby approved

6 Notwithstanding the terms of this planning permission a separate application under section 257 of the Town And Country Planning Act for a Diversion Order in relation to the public right of way known as UG39 must be made and approval granted before any development can proceed

7 The plans to which this decision relates are

Development Control Committee 43 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 25 October 2011

Case Officer Carolyn Tait EN1101054FUL

Date received Date valid Overall Expiry Ward Parish 7 July 2011 7 July 2011 1 September 2011 Rushden Bates Rushden

Applicant Mr And Mrs N Richards

Agent Sidey Design Architecture

Location 169 Bedford Road Rushden Northamptonshire NN10 0SA

Proposal Single storey side extension to existing annex (Resubmission of 1100425FUL)

This application is brought before Development Control Committee at the request of a local Ward Member

1 Summary of Recommendation

11 That permission be REFUSED

2 The Proposal

21 This application is a re-submission of a previously refused scheme for the erection of a single storey side extension to an existing annex The previous application was refused for being tantamount to the creation of a separate dwelling in the open countryside which would have appeared out of character with the prevailing built form which is characterised by large dwellings set in spacious plots It was also refused as the rear wing of the house would have been out of proportion with the original dwelling which would have resulted in an unacceptable impact on the character and appearance of the surrounding area the open countryside and the host dwelling

22 The previous extension reference 1100425FUL measured approximately 9 metres in length by 63 metres in width by 47 metres in height and accommodated a kitchen a dining area a bedroom a wet room and a closet This proposal would measure approximately 5 metres in length by 63 metres in width by 47 metres in height and would accommodate a bedroom a studio room a shower room and a large closet

3 The Site and Surroundings

31 The application site accommodates a detached dwellinghouse set back 232 metres from the A6 (Bedford Road)

32 The dwelling already has a single storey rear extension which accommodates a lounge a kitchenette a shower room and a bedroom

33 Nearby dwellings are parallel to the A6 but differ in their character and appearance

Development Control Committee 44 of 100 Date printed 9 November 2011

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS7 ndash Sustainable Development in Rural Areas

42 East Midlands Regional Plan Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development On 10th November 2010 the High Court ruled that the Secretary of States decision to

revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements Policy 9 ndash Distribution and Location of Development Policy 13 General Sustainable Development Principles

44 East Northamptonshire Local Plan RU2 ndash Provision for residential infilling in the Avenue Road area of Rushden

45 Supplementary Planning Guidance Residential Extensions and Alterations Design Guide

46 Other Documents The Three Towns Plan Preferred Options Document

5 Relevant Planning History

51 0300377FUL Single storey rear extension PERMITTED

52 1100425FUL Single storey extension to existing annex REFUSED The two refusal reasons were as follows

bull The proposed extension would by virtue of its internal layout and scale be tantamount to the creation of a new dwelling in the open countryside and therefore is contrary to PPS7 A separate dwelling in this location would appear out of character with the prevailing built form which is characterised by large dwellings set in spacious plots bull The proposed extension by reason of its scale bulk design and cumulative impact would result in the rear wing of the house being out of proportion with the original dwelling This would have an unacceptable impact on the host dwelling on the character and appearance of the surrounding area and on the open countryside and therefore is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy and the Supplementary Planning Guidance for Residential Extensions and Alterations Design Guide

This most recent application has been re-submitted to try and overcome these two reasons for refusal

6 Consultations and Representations

61 Neighbours No comments received

Development Control Committee 45 of 100 Date printed 9 November 2011

62 Town Council No objection

63 Site notice posted 25 July 2011 on a post at the entrance to the site

64 A letter was received from the applicantrsquos agent on 17 August 2011 to support the application and can be summarised as

bull A new application was submitted on 5 July 2011 reference 1101054FUL with a reduced depth to the single storey extension The original host dwelling is a two storey four bedroom property with rear wing that was built in the 1920s The original two storey annex was applied for and approved in 2003 (0300377FUL) It was built during 2004 The depth of the host dwelling is 176 metres The depth of the extended annex is 104 metres The annex extension is less than 5 metres in depth and is single storey It is proposed to have a lower ridge than the existing annex and is propose to be treated with shiplap boarding in contrast with the existing extension and in keeping with an existing detached outbuilding in the grounds It is a large plot and the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area

bull Strongly believe that both the original proposal and the resubmitted proposal are not contrary to PPS7 or Policy 13h of the North Northamptonshire Core Spatial Strategy

bull It appears that the main reason for the previous refusal is the perception of the creation of an additional dwelling in the open countryside This could be dealt with by condition or a legal agreement

bull A recent planning appeal decision APPL3245D112151635 was allowed This application was for additional annex accommodation to a property located in open countryside The decision was given in favour because the Inspector confirmed that a suitable condition could be put in place in accordance with circular 1195

bull Strongly believes that this current application should be given due and proper consideration in light of this appeal decision

bull The proposal complies with Policy 13h of the North Northamptonshire Core Spatial Strategy in that it is a quality design subservient to the original property

bull The applicant would be willing to accept a condition or enter into a Section 106 agreement should it be necessary to ensure the annex remains ancillary to the main dwelling With a suitable condition the proposal would comply with PPS7 as it would not form a separate dwelling in the open countryside

bull Permission has recently been granted for two two storey annexes in Wellingborough WP20110023F and Rugby R102116 Both of these had self contained accommodation and were in the open countryside The retention as an annex was dealt with by way of a condition

7 Evaluation

71 The following considerations are relevant to the determination of this application

72 Principle of development Tantamount to the creation of a separate dwelling

721 The site is located outside of the built up area of Rushden as identified in the adopted Local Plan and the Three Towns Plan Preferred Options Document It is within ribbon development built along Bedford Road The character of the area remains one dominated by dwellings in linear form each fronting the highway despite the precise set back of dwellings being varied

Development Control Committee 46 of 100 Date printed 9 November 2011

722 Whilst the proposal is described as an extension to a dwelling due to the size internal layout and layout of the site it would be tantamount to the creation of a separate dwelling and needs to be assessed as such

723 This application has reduced the size of the proposed extension as well as altering the internal layout since the previously refused application This proposal no longer includes a kitchen or a dining room

724 Despite the amendments the proposal is still considered to be tantamount to the creation of a separate dwelling as it would accommodate a bedroom closet and shower room These would be directly linked to the existing internal arrangements which comprise a lounge kitchenette shower room wc lobby and utility area with an upstairs studio room (that could become a second bedroom) This accommodation is in addition to the internal arrangement of the main dwelling It would be easy to section off an area of the private garden as both the lounge and proposed bedroom would have separate entrance and back doors The proposed accommodation would be in excess of what would be typical from a linked and dependant annex The accommodation could also be considered more extensive then many new dwellings By simply closing off an internal door this could create an independent dwelling in its own right with no dependence on the main dwelling The proposal would be within the open countryside and would be independent from the main dwelling as it would not rely upon any of the facilities of the main house

725 Case law states that for a building to be incidental the function of the space provided must be subordinate to the basic or primary accommodation to be expected at a dwellinghouse rather than being an incident of that main use Thus a building which is to contain facilities such as a lounge kitchenette two shower rooms lobby utility room and two bedrooms is not considered to be incidental to the enjoyment of a dwellinghouse and as such forms a separate unit

726 The applicantrsquos agent states in their comments that a condition could be added to any permission granted to ensure that the proposal remains ancillary to the existing dwelling The agent made reference to an appeal APPL3245D112151635 and states that this appeal was allowed because the Inspector felt that a condition could be added to restrict the proposal from becoming a separate residential unit A copy of the appeal decision can be found at Appendix 1

727 This was an application which sought planning permission to convert the ground floor garage space of an annex into additional living accommodation without complying with a condition attached to planning permission 108860P The condition in dispute stated that lsquoNotwithstanding the provisions of Part 1 of the Town and Country Planning General Permitted Development Order 1995 the garage area of the barn shall not be used as overspill residential accommodation without the prior consent of the District Planning Authorityrsquo

728 The Inspector allowed the appeal and granted planning permission for the conversion of the ground floor garage space with a condition that it remain ancillary to the residential use of the main dwelling

729 The Inspector considered that a condition could be added for the accommodation to remain as ancillary to the main dwelling as it was not possible for it to become a separate dwelling He considered that the creation of a separate dwelling at the appeal site would not be in a sustainable location and that creating a separate dwelling would not be practical The Inspector considered that the annex would not have had enough amenity space to function comfortably as a separate dwelling The Inspectorrsquos opinion was that this would have significantly reduced the likelihood that the barn could have been successfully used as an independent property

Development Control Committee 47 of 100 Date printed 9 November 2011

7210 It is considered that this current application at 169 Bedford Road could be converted into a separate dwelling for the reasons given at paragraph 724 It would have sufficient amenity space parking space and the internal layout would allow it to function independently from the main dwelling Therefore in this instance a condition would not be appropriate as an application could be submitted at a later date for a separate dwelling and the local planning authority would have difficulty refusing it because of the building already being in existence As such this proposal can not be compared to the appeal decision which the applicantrsquos agent has referred to

7211 The applicantrsquos agent also refers to two other recent decisions one in Wellingborough and one in Rugby However each application is treated on its individual merits and for the reason stated at paragraph 7210 the proposal can not be permitted subject to a condition for the proposal to remain ancillary to the existing dwelling

Planning Policy

7212 Policy 9 of the North Northamptonshire Core Spatial Strategy states that development in the open countryside will be strictly controlled and that priority will be given to the reuse of suitable previously developed land and buildings within the urban areas followed by other suitable land in urban areas Despite being within the curtilage of an existing dwelling the proposal would not be sited within the existing built up area and is therefore considered to extend into the open countryside to the rear

7213 Policy RU2 of the East Northamptonshire Local Plan states that planning permission will normally be granted for residential infilling or redevelopment in Bedford Road Avenue Road and Newton Road where it relates to land within the built up area has a frontage to the highway and a depth similar to adjoining residential curtilages and does not result in a backland form of development Whilst the proposal is within the built up area of the Bedford Road it would not comply with this policy as it would not have a highway frontage would not be of a depth similar to adjoining residential curtilages and would result in backland development

7214 Whilst each application is treated on its individual merits the following appeal decision was one that was dismissed at 84 Avenue Road Rushden on 30 June 2008 (APPG2815A072061769) A copy of this appeal decision can be found at Appendix 2 Members should take this decision into account when determining the current proposal as it relates to Policy RU2 of the East Northamptonshire Local Plan

7215 The proposal was for a separate annex to the rear of an existing dwelling It was refused because the annex by nature of its location scale siting design and use would have resulted in and adverse impact on the character and built form of the settlement and would have had an unacceptable intrusion upon the open countryside

7216 The proposal was considered contrary to Policy RU2 of the Local Plan and PPS1 and PPS7 In addition to these policies it was considered contrary to GEN2 and H21 of the Local Plan However these policies are no longer saved The Inspector stated that the proposed development would not have met the criteria of Policy RU2 as it would have created backland development would not have had a highway frontage and would not have had a depth of plot similar to neighbouring development He went on to state that the proposed development would not have been sited within the built up area despite being proposed within the curtilage of the existing dwelling

7217 The site had an open character to the rear and consequently the Inspector considered that due to the proposals scale and design it would have intruded visually in a harmful way into the countryside area at the rear of the development The Inspector concluded that the proposal would have had a harmful effect on the character and appearance of the area and would not have conformed with RU2 of the Local Plan

Development Control Committee 48 of 100 Date printed 9 November 2011

7218 The applicantrsquos agent strongly believes that the proposal is in accordance with PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy PPS7 states that local planning authorities should strictly control new house building (including single dwellings) in the countryside away from established settlements or from areas allocated for housing in development plans This proposal would result in a new dwelling in the open countryside away from the main settlement of Rushden and as such is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping respect and enhance the character of its surroundings and be in accordance with the environmental character of the area The proposal would result in backland development which would not respect or enhance the character of its surroundings and as such would be contrary to Policy 13h of the North Northamptonshire Core Spatial Strategy

73 Visual impact 731 The second reason for refusal on the previous application related to the proposals scale bulk design and cumulative impact and the visual harm that would have been caused on the character and appearance of the surrounding area open countryside and the main dwelling

732 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping and that it should respect and enhance the character of its surroundings and be in accordance with the environmental character of its surroundings

733 The proposed extension would increase the size of the host building but not to a scale or extent which would appear overwhelming in the context of the whole site It would remain physically subservient to the existing extension and as such would be in accordance with the Residential Extensions and Alterations Design Guide However the potential use as an independent dwelling would be out of character with the prevailing built form which is characterised by large dwellings set in large plots which front Bedford Road This would be to the detriment of the wider surrounding area and contrary to advice in PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy

734 The applicantrsquos agent has commented that the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area However it is felt that the size of the proposal would lead to the creation of a dwelling within the open countryside which would be contrary to planning policy

74 Neighbouring amenity 741 Due to the scale nature and location of the extension it would not affect neighbours in terms of overlooking overshadowing or overbearing

8 Other issues

81 Adequate private amenity space would remain

82 Crime and Disorder - This application does not raise any significant issues

83 Access for Disabled ndash The proposal would not be subject to any public access and therefore does not raise any concerns

9 Recommendation

91 That permission be REFUSED for the following reasons

Development Control Committee 49 of 100 Date printed 9 November 2011

10 ConditionsReasons -

1 The proposed extension would by reason of its internal layout size and positioning be tantamount to the creation of a separate dwelling in the open countryside It would be contrary to PPS7 which aims to protect the open countryside for itrsquos own sake A separate dwelling in this location would create a form of backland development away from the built up area of Rushden and as such would appear out of character with the existing ribbon development along the Bedford Road which is characterised by large dwellings in spacious plots which face the highway The proposal would therefore be contrary to PPS7 Policies 1 9 and 13h of the North Northamptonshire Core Spatial Strategy and Policy RU2 of the East Northamptonshire Local Plan

Informatives

1 The drawings to which this decision relates are as follows Plans received by the local planning authority on 7 July 2011 drawing number 11-020-

01 Existing and proposed plans and elevations site and location plans

Development Control Committee 50 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 26 October 2011

Case Officer Sue Wheatley EN1101102FUL

Date received Date valid Overall Expiry Ward Parish 18 July 2011 29 July 2011 28 October 2011 Thrapston Lakes Thrapston

Applicant MREF II PM Ltd Co Moorfield Group Ltd

Agent Katie Brown - Street Design Partnership

Location Plots 11 To 14 Haldens Parkway Thrapston Northamptonshire NN14 4QS

Proposal Proposed extension to existing distribution building with associated parking landscaping and temporary construction access

This matter is brought before the Development Control Committee due to the amount of floor area proposed

1 Summary of Recommendation

11 That permission be GRANTED

2 The Proposal

21 This is a full application for a 13540 square metre extension to the Primark distribution depot The existing floorspace is 57713 square metres The extension is located along the northern and approximately half of the eastern side of the existing building The proposal will require the width and height of the existing landscape bund to be reduced Further details of this are provided within section 79 of this report It is proposed that the cladding for the extension be graduated from dark to light from ground to sky Three new dock leveller doors are proposed in the north western elevation and one in the south east elevation

23 The application was accompanied by the following documents

bull Planning Statement and Economic Justification bull Primark Operational and CSR Statement bull Design and Access Statement bull Transport Assessment (TA) bull Flood Risk Assessment (FRA) bull Protected Species Survey bull Landscape Report bull Landscape Management Report

24 It is advised that the application has been submitted as a direct response to Primarkrsquos operational needs The depot which is operated in conjunction with DHL is one of two which serves the whole of the countryrsquos retail outlets It is already we are advised operating over capacity and further space is needed to meet Primarkrsquos next phase of UK expansion

Development Control Committee 51 of 100 Date printed 9 November 2011

25 The Design and Access Statement indicates that Primark has sought to balance the need to protect long distance views towards the site against the internal spatial requirements of the business They advise that the efficient operation of a distribution centre dictates how a building needs to be laid out The building includes racking lines which have been designed to optimise picking of goods These are 115m high 275m wide with an operating aisle of 3m

26 During the course of the consideration of the application an Addendum to the TA was submitted together with revised drainage information

3 The Site and Surroundings

31 The application site is on the edge of an existing industrial park known as Haldenrsquos Parkway which is located at the entrance to Thrapston There are industrial units to the west but open countryside immediately to the north and east although there is currently gravel extraction taking place on the land to the east There is a residential property Rectory Farm Bungalow to the east as well

32 The site is visible from both the road that goes to Titchmarsh (Ran Way) and also from the A605

4 Policy Considerations

41 National Planning Policy Guidance

PPS1 - Sustainable Development PPS4 - Planning for Sustainable Economic Growth PPS9 ndash Biodiversity and Geological Conservation

PPG13- Transport PPS23 ndash Planning and Pollution Control PPG24- Planning and Noise PPS25- Development and Flood Risk

42 East Midlands Regional Plan

Policy 1 ndash Regional Core objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 11 ndash Development in the Southern Sub-Area Policy 18 ndash Regional Priorities for the Economy Policy 20 ndash Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 28 ndash Regional Priorities for Green Infra-structure Policy 29 ndash Priorities for enhancing the Regionrsquos Biodiversity Policy 30 ndash Regional Priorities for Managing and Increasing Woodland Cover Policy 31 ndash Priorities for the Management and Enhancement of the

Regionrsquos Landscape Policy 35 ndash A Regional Approach to Managing Flood Risk Policy 39 - Regional Priorities for Energy Reduction and Efficiency Policy 43 ndash Regional Transport Objectives

MKSM Northamptonshire SRS Northamptonshire 1 ndash The Spatial Framework

Ministerial Statement Planning for Growth

Development Control Committee 52 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy

Policy 1- Strengthening the Network of Settlements Policy 5 - Green Infrastructure Policy 6 ndash Infrastructure Delivery and Developer Contributions Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution and Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development Policy 4 ndash Green Infra-structure Policy 5 ndash Transport Network Policy 7 ndash Flood Risk Policy 11- Enhancing Biodiversity Policy 12 ndash Considerate Construction Policy 16 ndash Protected Employment Areas Policy THR4- Relocating Existing Businesses around Thrapston

45 Northamptonshire County Structure Plan

No relevant saved polices

46 East Northamptonshire District Local Plan Any policies have now been superseded by the RNOTP

47 Supplementary Planning Guidance Planning Out Crime Adopted (February 2004) Parking Adopted (March 2003) North Northamptonshire Sustainable Design SPD( March 2009)

5 Relevant Planning History

51 The building was previously occupied by IKEA

52 There is a current planning application for a relocated cattle market on the land to the north(ref 1101240FUL)

6 Consultations and Representations

61 Neighbours ndash The occupiers of Rectory Farm Bungalow comment that

bull they already have to endure sleepless nights with the noise from the endless shunting and related movements of vehicles through the night and the noise omitted from the warehouse and that the extension being on ldquotheir siderdquo will bring more disruption

bull Express concern about fire risk bull It is unnecessary to destroy the established and effective bund of trees(which will never

recover to its present form) when there is an existing access

62 Neighbours- 8 letters of support although many of these live some distance from the site

bull Will create employment

Development Control Committee 53 of 100 Date printed 9 November 2011

63 Thrapston Town Council ndash No objection

64 Titchmarsh Parish Council ndash Make the following comments

ldquoDevelopers to ensure that the external landscaping is improved and maintained In addition ensure that traffic leaving the temporary entrance leaves the site by turning right only and access to the site is only via Huntingdon Road Temporary signage to be placed on the A605 prohibiting construction traffic entering the villagerdquo

65 Highways Agency- No objection

66 Local Highway Authority ndash Advised that inadequate information had been provided and made the following comments in relation to the application as originally submitted

bull As an earth bund is being removed details of the cubic capacity of the soil to be removed and associated lorry movements are required

bull Details of the construction compound are required bull Additional disabled parking is required bull Off ndashsite highway works are required to Ran Way A ldquoswept pathrdquo analysis needs to be

carried out to demonstrate what is required bull A carriageway condition survey will need to be carried out before and upon completion

of works bull A daily log will need to be kept of vehicles bull A suitable turning facility for buses is required bull The ldquoCounty Connectrdquo operating hours need to be extended to arrive at the site by 600

am and leave after 700 pm

An addendum to the TA was submitted and the Local Highway Authority made the following comments in response to this and advised that it has no objection subject to the imposition of conditions

bull The LHA is reasonably content that the revised technical data addresses the points of concerns originally raised

bull The LHA is content with the construction access details within Ran Way and the passing bays to facilitate construction vehicles either entering or emerging from the site to access the A605 via Huntingdon Road

bull Further details are required to identify off-site accommodation works to prevent vehicles turning left when emerging from the site within Ran Way Huntingdon Road

bull Cantilever bus shelters with flag sign posts are to be provided to aid the promotion of the submitted ldquoTravel Planrdquo within Huntingdon Road to reduce private car journeys

bull As an additional measure off-site footway kerbing and construction works are proposed to aid the safe passage of pedestrian movement within Huntingdon Road on the eastern side of the vehicle access point

bull The use of the temporary construction vehicle access and passing bays shall be formed prior to the commencement of construction works unless alternative vehicle access arrangements can be promoted utilising the existing vehicle access facilities In any event all construction vehicles shall turn right either onto Ran Way or Huntingdon Road when emerging from the development site

bull The promotion of extending the footway in addition to the promoted footway works to aid the safe passage of pedestrian movement throughout the frontage of the development site within Huntingdon Road and Ran Way can be considered If the Planning Authority considers that the request for extending the footway into along Ran Way reasonable and proportionate then the Highway Authority would not object to the promotion and construction of such an approved pedestrian facility All costs to be borne by the developer and at no cost to either authority

Development Control Committee 54 of 100 Date printed 9 November 2011

67 Environment Agency ndash Initially expressed concern that the Flood Risk Assessment (FRA) did not adequately demonstrate that surface water could be managed without increasing flood risk Further information was submitted and the Environment Agency have now confirmed that they have no objection to the application subject to the imposition of a condition in relation to surface water drainage

68 Natural England ndash No objection having regard to the standing advice and the submitted Protected Species Survey

69 Wildlife Trust ndash Have provided information regarding a mitigation scheme that can be implemented in relation to Titchmarsh Nature Reserve

610 Conservation Officer (TPO) ndash makes the following comments

bull The planting on the existing bund is of varying quality and is very sparse in places The eastern bund is dominated by semi-mature Laurel(planted on the top) with a mix of broadleaved trees (Oak Field maple and Birch) which have shown poor to reasonable growth

bull The remodelling of the bund would reduce itrsquos height by between 47m and 33m on the northern side and 3m on the eastern bund The re-modelled bund is proposed to be 55 to 16 metres wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

bull As a result of the re-modelling almost all of the existing trees will be removed I have some concerns about the loss of some of the better quality broadleaf trees particularly the Lime and Oak and suggest that consideration is given to re-planting these

bull The proposed planting includes re-planting of the bottom hedge where required with the main slopes having an understorey of native woodland whip planting with interspersed standard trees The submitted details refer to the use of pre-seeded matting to combat erosion of the new slopes and confirmation is required that the woodland planting would be planted within this

bull The visual information submitted with the application demonstrates that the site is most visually prominent when viewed from the immediate north and north east with distant views from the north west The reduction of the bund and removal of existing vegetation will add to the prominence of the building in the short term

bull However the proposed planting is substantially better than existing and providing that it takes and is managed in accordance with the submitted Landscape Management report will create a similar planted effect to that which is present The planting mix is more comprehensive which will result in denser planting over time It is likely that the new planting would take between 5 and 10 years ( minimum) to create a suitable screen The future views of the building are likely to be similar to those at present after this time

611 Environmental Health (Contamination) ndash No objection but recommend an informative to draw the applicantrsquos attention to the fact that there is a landfill site within 250m

612 Environmental Protection (Noise) ndashthe original conditions for the warehouse from EN9700283FUL relating to environmental issues should be transposed onto any new permission granted These include condition numbers 2 3 13 and 14 Whilst conditions 15 16 17 18 and 19 relate to matters regulated by the Environment Agency it would be prudent for these to also be transposed to any new permission

Development Control Committee 55 of 100 Date printed 9 November 2011

The following further conditions are also recommended

Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays

There is no information provided on any ventilation or extraction to the new extension Therefore if you feel it is appropriate a further condition should be added to control noise from any such system

Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There should be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

The records held by Environmental Protection in relation to noise complaints confirm that there have been no complaints about activities from the site Previous Condition 13 is designed to protect local residents from noise from activities at the site and should complaints be received then activities would be monitored to ensure that the site is compliant with that condition This states

ldquoNoise from activities within the building(measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level(measured at L A90 30 min) by more than 5dba(A)rdquo

613 Anglian Water ndash Any comments received will be reported on the Update Sheet

7 Evaluation

71 Principle of Development

711 Policy EC 101 in Planning Policy Statement 4 advises that Local Planning Authorities should adopt a positive and constructive approach towards planning applications for economic development and that planning applications that secure sustainable economic growth should be treated favourably

712 One of the main thrusts of the North Northamptonshire Core Spatial Strategy is to deliver economic prosperity Policy 8 identifies the net increase in jobs that will be required to maintain a balance between homes and jobs Thrapston is identified under Policy 1 in the Core Spatial Strategy as a rural service centre and Policy 1 of the RNOTP indicates that to support the role of service centres the employment and service base of such settlements will be expanded

Development Control Committee 56 of 100 Date printed 9 November 2011

713 Paragraphs 395 ndash 399 of the North Northamptonshire Core Spatial Strategy considers the role that distribution has played in the past in the area It is highlighted that whilst it has created jobs it has involved the use of large areas of land put significant demands on transport infra-structure and involved large buildings that have often been visually intrusive

714 Policy 11 indicates that large scale strategic distribution is to be concentrated at the rail linked Euro-hub site in Corby and that other distribution sites should be located close to the strategic road network The site is located at the junction of the A14 and A45 trunk roads

715 Paragraph 398 also highlights that smaller distribution development should be in locations and of a scale where buildings are not visually prominent unless they are of exceptional design and build quality Buildings it is advised should be sensitively designed to reduce the impact on the local landscape and townscape and achieve high developments should contribute towards enhancing the wider Green Infrastructure network The impact on the landscape is considered in section 78 the design and sustainability of the building in section 72

716 Primark advise that the company currently employs 326 permanent members of staff at Thrapston of which all but one work full time 34 of employees live in the Thrapston Raunds and Rushden area and virtually all live within a 15 mile radius A further 115 agency and contractor staff are employed There is also some indirect employment from the business as catering and cleaning are subcontracted

717 Primark also highlight that their employees have an onsite library and computer room and that the company has offered training programmes in the form of language courses and that employees are also encouraged to study for NVQs in conjunction with Peterborough College in subjects such as administration and management The company also draws attention to its work in the community

718 The company leases the site and has advised that if it does not obtain planning permission for the extension it will need to consider relocating to a cheaper area which would be outside Northamptonshire They advise that there is an optimal size for distribution centres which is just under 74000 square metres Beyond this size there are operational disbenefits and that therefore they would not need to seek permission for further extensions Any future expansion would require the addition of a third distribution centre

719 They advise that if permission is granted it will enable them to sign a lease for a further 15 years and that an additional 35 permanent full time jobs and a further 95 agency jobs would be created They further advise that where possible Primarkrsquos preference is to employ local people

7110There are significant economic benefits associated with this proposal It is to enable the expansion of an existing business on an existing employment site and would retain employment and generate additional employment However PPS4 and local policy does make it clear that the impacts of economic development proposals still need to be considered Policy EC 102 in particular sets out that planning applications for economic development should be assessed against the following considerations

a) whether the proposal has been planned over the lifetime of the development to limit carbon dioxide emissions and provide resilience to climate change b) the accessibility of the site by a choice of means of transport the effect on local traffic and congestion c) whether the proposal secures a high quality and inclusive design which takes the opportunities available for improving the character and quality of the area

Development Control Committee 57 of 100 Date printed 9 November 2011

d) impact on economic and physical regeneration including impact on social inclusion e) impact on local employment

These issues are considered in the following sections The Ministerial Statement Planning for Growth is also a material planning consideration This indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

72 Carbon emissions and Climate change

721 The North Northamptonshire Core Spatial Strategy indicates that new distribution buildings should be of a high environmental standard It is proposed that the extension be built to the BREEAM very good standard which would comply with Policy 14 in the North Northamptonshire Core Spatial Strategy

722 The Primark site also include its own waste recovery facility where carrier bags and coat hangers from all of their retail outlets are recycled

73 Highway Issues ndash General Background

731 A Transport Assessment (TA) was submitted with the application and this considers the impact on local roads and the trunk road network and the accessibility of the site by walking cycling and public transport The Local Highway Authority requested further information and this was included within an Addendum to the TA and plans have also been submitted to show the proposed off-site highway works The Local Highway Authority has advised that it is reasonably content with this revised information

74 Highway Issues ndash Impact on Trunk Road Network

741 The site is close to the junction of the A45 and A14 and thus is easily accessible to the trunk road network The Highways Agency has raised no objection to the proposal

75 Highway Issues ndash Existing Traffic Movements on Local Roads

751 Concern has been expressed in the past by Members when other applications have been considered for development of the Haldenrsquos Parkway site about the functioning of the roundabout at the junction of Haldenrsquos Parkway and the A605 The TA however includes accident data for the last 5years(2005-2011) and there has only been one slight injury accident on the roundabout and that did not relate to a HGV driver losing control and toppling over onto the verge

752 The TA includes the results from a survey that was carried out of existing traffic movements in January 2001 It notes the following results

bull The peak levels of traffic passing the site along Huntingdon Road are very low There were only 106 two-way vehicle movements observed between 800 and 900 and 75 two-way vehicle movements in the evening peak between 1700 and 1800

bull The two way traffic flows on the goods and car park entrances during the morning peak hours were 2 HGVs and 11 light vehicles and in the evening peak hour there were 16 HGVs and 31 light vehicles There are low levels of flow from the site during peak times due to Primarkrsquos shift patterns

Development Control Committee 58 of 100 Date printed 9 November 2011

76 Highway Issues ndash Parking

761 The existing car park has 226 spaces of which 8 are for visitors and 2 are disabled bays Adjacent to the car park there is a cycle shelter with space for 20 bicycles and 10 motorcycles There is lorry parking for 20 vehicles in an area just beyond the goods vehicle entrance and space for approximately 65 lorries to park along the eastern and western site perimeters

762 The TA advises that a parking survey was carried out in March 2011 between 1330 and 1430 at shift change over time It was observed that the peak level of parking demand was space for 209 cars and vans It was also observed that 68 of persons drove tofrom work at this time

763 The TA notes that none of the existing car and lorry spaces would be lost as a result of the building work but that there would be some re-organisation of spaces It includes a calculation based upon Primarkrsquos planned shift patterns and increase in staff and current journey to work patterns to calculate a new parking demand of 291 cars

764 The TA however also assessed the need for parking generally for B8 uses using the TRICS database and found a need for 320 spaces ( including HGV spaces) It therefore concludes that the predicted demand for 291 spaces for Primark is reasonable

765 The proposal therefore includes an altered car park layout to include 291 spaces 36 cycle spaces and 18 motorcycle spaces are also provided The amount of lorry parking just inside the entrance has been increased from 20 to 37 spaces

766 The Addendum to the TA includes an additional analysis in relation to parking It considers the Parking SPG requirements noting that this requires a maximum provision of one space per 120 sqm of gross B8 distribution floorspace This equates to the need for a maximum of 113 additional parking spaces Only an additional 65 spaces are proposed as part of the application however the Addendum suggests that this is acceptable as it is based upon the operational requirements provided by Primark and is also comparable with TRICS database information from other distribution facilities

77 Highway Issues ndash Local Traffic Impact

771 The TA assumes that the likely impact of the traffic from the development would be a pro-rata reflection of the 23 increase in floorspace( 19 increase in staff levels) It is therefore suggested that the morning peak hour traffic flows are likely to increase from 13 vehicles per hour to 16 vehicles per hour and in the evening from 47 vehicles per hour to 57 All HGVs would travel to and from the A605 avoiding Titchmarsh under an agreed routing restriction

772 The TA indicates that Huntingdon Road has ample capacity to accommodate this increase There would be less than a 05 increase in traffic through the A605Huntingdon Road roundabout (which has morning and evening peak hour entry flows of 2000 vehicles per hour) which it is concluded would be imperceptible

773 The applicant however was asked to undertake further work as the peak hour for the proposed development is at shift change over time rather than the traditional morning and evening peaks A survey was therefore carried out on 14 September 2011 and the results of this are included in the Addendum to the TA It was found that at 200 the busiest time the level of traffic on the busiest arm of the roundabout and the A14 was only 70 of the morning peak flow The Local Highway Authority has advised that it is happy that the Addendum to the TA has addressed the concerns originally raised

Development Control Committee 59 of 100 Date printed 9 November 2011

774 A temporary access is to be provided for construction purposes from Ram Lane No details were initially provided in relation to construction traffic however further details have been submitted as part of the Addendum to the TA This includes a Draft Construction Management Plan The most significant period of construction traffic movement is during the excavation work (It is estimated that approximately 28500 cubic metres of material is to be excavated and removed from the site) which is to be carried out in weeks 0-8 of the build programme and will result in 100 8-wheel lorries coming to and from the site daily The Local Highway Authority has advised that it has no objection to the proposal on the basis of construction traffic

775 The Addendum also includes details of the proposed construction compound and wheel washing facilities as requested by the Local Highway Authority

776 The Local Highway Authority requested that a swept path analysis be carried out for construction vehicles using Ram Lane This has been included in the Addendum to the TA This showed that there will need to be a small amount of widening to Ram Lane to allow vehicles to negotiate the tight bend The Addendum to the TA also highlights that the applicant had agreed with the Local Highway Authority that the existing footpath will be extended by 20m to the east of the car park entrance Plans showing these off-site highway improvement works have been submitted and re-consultation has been carried out

78 Highways Issues ndash Access by Walking Cycling and Public Transport

781 The TA notes that access to the site from Thrapston by pedestrians and cyclists is good It however notes that there is no bus service entering the AIMI Business Park and that even if there were it would be unlikely to suit shift patterns apart from when daytime management and drivers leave at 500pm

782 Primark already has a Travel Plan and the TA includes details of this

783 The Local Highway Authority originally requested improvements to the bus service however subsequently has subsequently agreed that

1 To encourage and facilitate the use of the ldquoCounty Connectrdquo bus service the applicant should fund the provision of a bus stop and shelter in Huntingdon Road

2 Instead of extending the operating hours of the County Connect Service the existing Travel Plan should demonstrate what measures will be taken to encourage modes of transport other than the car particularly by employees needing to travel outside of the County Connect hours ( 0700 to 1900)

These measures can be addressed by the imposition of suitably worded conditions

79 Visual Impact

791 The design of the extension with the coloured banding should help to minimise the impact of the built form although there is a danger that as it a different design solution to the existing building it could appear discordant

792 The most significant concern in relation to this proposal is the impact that it would have on the landscape as the existing landscaped bund is to be remodelled This bund is currently between 5 ndash 65m high and varies in width On the northern boundary it is between 60m and 40m wide The corner of the bund is around 55m wide The bund to the eastern boundary is around 50m wide The proposed remodelling of the bund would result in a reduction in the height of the bund by between 47m and 33m on the northern side and 3m on the eastern side The remodelled bund is proposed to be 55 and 16 meters wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

Development Control Committee 60 of 100 Date printed 9 November 2011

793 As a result of the remodelling almost all of the existing trees would have to be removed The planting on the existing bund is however of varying quality and is very sparse in places The eastern bund is dominated by semi mature Laurel (planted on the top) with a mix of broadleaf trees (Oak Field Maple and Birch) which have shown poor to reasonable growth The existing planting on the northern bund is very sparse in places (with the exception of some developing Lime trees) with poor growth throughout especially on the top and at the western end The whole of the bund appears to be in a constant drought the soil is nutrient poor and much of the planting shows signs of extensive rabbit damage

794 The Councilrsquos tree officer advises that she has some concerns over the loss of some of the better quality broadleaf trees particularly the Lime and the Oak She suggests that consideration is given to the transplanting of these young trees to elsewhere in the site where they can be more benefit The age of the trees is likely to result in successful relocation providing this is undertaken correctly

795 The proposed planting for the remodelled bunds includes replanting of the bottom hedge where required with the main slopes having an understory of native woodland whip planting with interspersed standard trees Reference is made within the planting details to the use of a pre-seeded matting to combat erosion of the newly formed slopes

796 The building is already fairly prominent and the removal of the bund and existing vegetation in the short term medium term will add to its prominence

797 The new planting proposed however as part of the remodelling is substantially better than the existing and providing it takes and is managed in accordance with the submitted Landscape Management Report it will create a similar planted effect to that which is present While the extension to the building will decrease the planted area available the proposed planting mix is more comprehensive which should result in a denser and more diverse landscape screen over time In the longer term therefore views of the building are likely to be similar to those at present

798 Members will therefore need to weigh carefully the requirement to consider economic development proposals favourably against the harmful effect that this proposal will have on the landscape in the shortmedium term

799 Careful management of the landscape works will be key to the long term impact of the development This is considered further in sections 79 and 713 of this report

7910Whilst this Council is currently considering an application for a relocated cattle market on the land to the north of the site this can be given limited weight as it is not a planning commitment

710 Impact on Residential Amenity

7101The nearest residential property to the proposed extension is The Bungalow This property would be 50 metres from the nearest point of the extension and 280 metres from the temporary construction access The occupiers of this property object to the application on the grounds of noise fire risk and removal of the existing landscaped bund

7102There is existing screen planting outside of the application site opposite this bungalow which clearly will remain This will help to mitigate against any visual impact The extension would be to the north of the bungalow and there would be thus no overbearing impact or loss of light

Development Control Committee 61 of 100 Date printed 9 November 2011

7103Environmental Health have been consulted and they have advised that they have not received any complaints about noise from the operation of the warehouse in the past They are satisfied that with the imposition of similar conditions to those imposed on the permission for the original warehouse and additional conditions it will be possible to ensure that noise is kept to an acceptable level

711 Archaeology

7111The County Archaeologist has advised that there is little to no potential for there to be surviving archaeological deposits

712 Contamination

7121Environmental Health have advised that the site is within 250 m of an operational landfill site and waste processing facility but that the waste that is disposed is inert and should not generate significant quantities of landfill gases They however recommend the imposition of an informative to draw the applicantrsquos attention to this

713 Drainage

7131The site is located within Floodzone 1 which has the lowest risk of flooding A Flood Risk Assessment was however submitted with the application as the site area exceeds 1 hectare The management of surface water is the most significant issue in relation to the potential risk of flooding There is currently a balancing pond on the site and surface water discharges into the public sewer at the west of the site The Environment Agency advised that confirmation of the allowable discharges needed to be sought from Anglian Water and also that more detailed modelling and calculations needed to be submitted The applicant provided this information and the Environment Agency have confirmed that they have no objection to the proposal subject to the imposition of the condition which is recommended

714 S106 Contributions and related matters

7141The development is of a size which generates a need for social and community infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7142In considering whether contributions are justified and can be sought Members must have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

Members also need to be mindful that the current basis for seeking contributions is the Councilrsquos SPD in relation to developer contributions

Development Control Committee 62 of 100 Date printed 9 November 2011

7143It is very unusual to agree to the removal of an existing landscaped bund that was put in place to protect the visual amenity of the area and has despite its poor quality become a suitable habitat for birds It is on this basis that an ecological mitigation contribution has been sought The Wildlife Trust have provided a schedule of works that they need to undertake to the Titchmarsh Nature Reserve and suggested that these would cost pound38500 Whilst the developer has confirmed agreement to payment of a contribution to cover the schedule of works they have asked that this be specified as a maximum sum in the S106 Agreement and that tenders should be sought for the work This would be acceptable and wording to this effect can be included within the S106 Agreement

7144In addition the developer has agreed to provide a bus stop and shelter and extend the footpath for 20 metres These matters can be dealt with by the imposition of a suitably worded condition rather than through a S106 Agreement

7145At pre-application stage the developer gave a presentation to Members about their proposal At this the possibility of extending the footpath around the tight bend in Ran Way was raised The developer however has advised that unless the Local Highway Authority consider that they could make a case for the provision of this then they are not prepared to extend the footpath any more than the 20 metres that has been agreed Discussions have been held with the Local Highway Authority however they do not consider that there would be any justification for seeking any further extension to the footpath ( They have advised that it is likely that this would cost in the region of pound160 per linear metre)

8 Other Issues

81 Crime and Disorder ndash No issues emerge

82 Access for Disabled ndash Any issues can be dealt with under building regulations

83 Fire hazard - The neighbour has expressed concern that the extension would be a fire hazard Building regulations consider the proximity of works to site boundaries and would ensure that there would not be a fire hazard from the extension

9 Recommendation

91 That permission be GRANTED

10 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Prior to the commencement of development details of the wall cladding including its colour shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with these approved details

Reason In the interest of visual amenity

3 The extension shall achieve the BREEAM Code very good and shall not be occupied until a certificate has been issued for it certifying that this standard has been achieved

Reason To ensure the sustainable construction of the extension in accordance with Policy 14 in the North Northamptonshire Core Spatial Strategy

Development Control Committee 63 of 100 Date printed 9 November 2011

4 All foul sewage or trade effluent including cooling water containing chemical additives or vehicle washing water including steam cleaning effluent shall be discharged to the foul sewer

Reason To prevent pollution of the water environment

5 All fuel oil or chemical storage tanks buildings ancillary handling facilities and equipment including pumps and valves shall be contained within an impervious bunded area of at least 110 of the tank capacity designed and constructed to the satisfaction of the local planning authority

Reason To prevent pollution of the water environment

6 All drums and small containers used for oil and other chemicals shall be stored in bunded areas which do not drain to any watercourse surface water sewer or soakaway

Reason To prevent pollution of the water environment

7 Vehicle loading or unloading bays and storage areas involving chemicals refuse or other polluting matter shall not be connected to the surface water drainage system

Reason To prevent pollution of the water environment

8 Surface water from impermeable vehicle parking areas and service areas shall be passed through a storm bypass oil interceptor It must be designed to receive flows up to 50mmhour from the connected area with all flows up to 5mmhour rainfall passing through the interceptor and receiving minimum 6 minutes retention in each interception chamber

Reason To prevent pollution of the water environment

9 Before any work is commenced on the development hereby permitted full details of all proposed floodlighting installations and including a supporting lighting engineers report justifying the installations shall have been submitted to and approved by the local planning authority The development shall thereafter be carried out in accordance with the details so approved

Reason To ensure a satisfactory standard of development which does not adversely affect the amenity of the area

10The means of illumination shall be so screened such that it does not cause glare to drivers on the adjoining highway or to the occupants of adjoining residential properties

Reason In the interest of highway safety and residential amenity

11Noise from activities within the building (measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level (measured at L A90 30 min) by more than 5db (A)

Reason In the interest of residential amenity

12Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

Reason In the interest of residential amenity

13During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours

Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays Reason In the interest of residential amenity

Development Control Committee 64 of 100 Date printed 9 November 2011

14Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There shall be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

Reason In the interest of residential amenity

15Prior to the commencement of development a site waste management plan shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with this site waste management plan

Reason In the interest of sustainability and to ensure the appropriate disposal of waste

16 The mounds shall be constructed and prepared for planting n accordance with the details shown on drawing reference 127004C ( as amended by the letter from TPM Landscape received on 9 September 2011) in accordance with an implementation schedule to be submitted to and approved by the Local Planning Authority in writing

Reason To ensure that the landscape scheme establishes in the interest of visual amenity

17The Landscape Scheme drawings reference 127005B received on 20 September 2011( as amended by the letter from TPM Landscape received 9 September 2011) shall be implemented in the first planting season following first use of the extension hereby permitted

Reason In the interest of visual amenity

18The proposed development shall not begin until a scheme for the provision implementation ownership and maintenance of the surface water drainage for the site based on sustainable drainage principles has been submitted to and approved in writing by the Local Planning Authority The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storagedisposal of surface water from the site and to the ensure future maintenance of the surface water drainage system

19 All construction traffic shall use the existing HGV access into the site unless( and notwithstanding the submitted details) a scheme which shall illustrate a rural road to the local highway authorityrsquos standard specification and include widening works passing bays footpath provision and works to prevent vehicles turning left when emerging from the site has been implemented Prior to the commencement of any works the scheme for these works shall have been submitted to and approved in writing by the local planning authority This shall include

1 Hard surface materials to form the promoted works throughout Ran Way and Huntingdon Road

2 Means of drainage to prevent the unregulated discharge of surface water onto the highway

3 Maximum gradient (1 in 15) from the highway boundary in the positive or negative direction

4 Sufficient parking and turning space shall be provided within the development site for all vehicles attracted thereto

Development Control Committee 65 of 100 Date printed 9 November 2011

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

20 Cantilever Bus Shelters within Huntingdon Road (industrial estate) having a landing and boarding stage with associated flag sign and posts shall be provided prior to the first use of the extension hereby permitted Prior to the commencement of these works a scheme for these shall have been submitted to and approved in writing by the local planning authority Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

21 Development shall be carried out in accordance with the following plans OS Map and Block Location Plan PS00 received 20 September 2011 Existing site survey - TRI-0669-01received 29 July 2011 Existing site survey - TRI-0669-04 received 29 July 2011 Existing site plan PS01 received 18 July 2011 Existing site plan sheet 1 of 2 PS03 received 18 July 2011 Existing site plan sheet 2 of 2 PS04 received 18 July 2011 Proposed site plan PS02A received 20 September 2011 Proposed site plan sheet 1 of 2 PS05 received 18 July 2011 Proposed site plan sheet 2 of 2 PS06 received 18 July 2011 Sections Mound 127004C received 20 September 2011 General Arrangement 1of 2 (Mound) 127002A received 20 September 2011 Planting Plan 127005B received 20 September 2011 Existing Floor Plan Sheet 1 of 2 PS07 received 18 July 2011 Existing Floor Plan Sheet 2 of 2 PS08 received 18 July 2011 Proposed Floor Plan Sheet 1 of 2 PS09A received 20 September 2011 Proposed Floor Plan Sheet 2 of 2 PS010A received 20 September 2011 Existing and Proposed Elevations Sheet 1 of 2 PS13A received 20 September 2011 Existing and Proposed Elevations Sheet 2 of 2 PS14A received 20 September 2011 Proposed Dock Leveller Doors PS21A received 20 September 2011 Proposed roof plan sheet 1 of 2 PS11A received 20 September 2011 Proposed roof plan sheet 2 of 2 PS12A received 20 September 2011 Illustrative View 1 PS16 received 18 July 2011 Illustrative View 2 PS17 received 18 July 2011 Illustrative View 3 PS18 received 18 July 2011 Illustrative View 4 PS19 received 18 July 2011 Illustrative View 5 PS20 received 18 July 2011 Proposed Temporary Construction Access PS15 received 18 July 2011 Huntingdon RoadRam lane Off-site highway works RD10453a received 17 October

2011 Off-site Highway Works Ram Lane Bend Widening and Footway extension RD10454

received 17 October 2011 Huntingdon RoadRam lane Off-site highway works RD10453 received 17 October

2011

Development Control Committee 66 of 100 Date printed 9 November 2011

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS4 PPS9 PPG13 PPS23 PPS24 and PPS25the East Midlands Regional Plan policies 1 2 3 11 18 20 21 28 29 30 31 35 39 43 MKSM Northamptonshire SRS Northamptonshire 1 the North Northamptonshire Core Spatial Strategy 2008 policies 1 5 6 8 9 11 13 and 14 Rural North Oundle and Thrapston Plan policies 1 2 4 5 7 11 12 16 and THR4 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development including the economic development benefits of the proposal the impact on the landscape highway issues sustainability of the design the impact on neighbouring amenities contamination drainage and the need for communityinfra-structure contributions The application has been approved as

1 The economic development benefits of the proposals outweigh the impact on the landscape arising from removal of the bund and existing vegetation

2 Whilst the loss of the existing vegetation would have ecological implications mitigation works are proposed to the Titchmarsh Nature Reserve

3 There would not be an adverse impact on the highway network having regard to the proposed off-site highway works

4 The extension would meet the BREEAM standard very good 5 A condition can be imposed to require details of surface water drainage to be

submitted and approved 6 Whilst there is a landfill site nearby the waste that is disposed is inert and would not

effect the proposed development

2 The application site is less than 250m from the boundary of an operational landfill site and waste processing facility which is permitted by the Environment Agency The waste disposed at the landfill is classed as inert and as such should not have the potential to generate significant quantities of landfill gas

The operator of the landfill monitors landfill gas from perimeter boreholes as per the conditions on their environmental permit Results from this monitoring indicates the landfill is not producing gas in sufficient quantities that may pose a risk to the development However the applicant may wish to seek advice from a consultant experienced in these matters to ensure that the development can be delivered safely

3 No works within the existing adopted highway maintainable at public expense may commence without the express written permission of the Highway Authority This planning permission does not give or infer such permission The Highway Authority will only give consent to commence works subject to the completion of an Agreement under Section 278 of the Highways Act 1980 Full engineering drainage street lighting and constructional details will be required to process such an agreement Any details submitted will be subject to a technical and safety audit that may result in changes to the details of the rural route and junction etc required to discharge the relevant condition above

Attention is drawn to the implementation of the Traffic Management Act 2004 where a three month notice period to allocate road space (for works within the highway) is formally given prior to the commencement of works

Development Control Committee 67 of 100 Date printed 9 November 2011

Committee Delegated Report

Printed 26 October 2011

Case Officer Amie Baxter EN1101341FUL

Date received Date valid Overall Expiry Ward Parish 22 August 2011 26 August 2011 21 October 2011 Lyveden Brigstock

Applicant C And D Developments (Northants) Ltd - Mr C Rose

Agent Toby Pateman Architect

Location Land Adjacent Honey Bun Hill Newtown Brigstock Northamptonshire

Proposal Erection of 2 no new dwellings

This application has been brought before the Development Control Committee due to Members showing interest in this site previously and as Brigstock Parish Council have objected to the proposed development

1 Summary of Recommendation

11 That planning permission be GRANTED subject to conditions

2 The Proposal

21 The application seeks planning permission for an amendment to a previously approved scheme for the erection of two dwellings The proposed amendment is to insert a

number of rooflights in the roof slope of both dwellings

22 The proposed roof lights would measure 025 by 035 metres each and it is proposed to add roof lights in the following positions

Unit One (to the eastern side of the site) bull Two roof lights in the east (rear) roof slope bull Three roof lights in the west elevation (front)

Unit Two (to the northern side of the site) bull Two roof lights in the west (front) elevation bull Four roof lights in the east (rear) elevation bull One roof light in the south (side) elevation

23 The roof lights are proposed to allow the conversion of the roof space in both dwellings Planning permission is not required to convert the loft into habitable space

24 The two dwellings have been partially constructed in line with a previously approved application

3 Site and Surroundings

31 The site is positioned to the north side of Stanion Road on the western edge of Brigstock

Development Control Committee 68 of 100 Date printed 9 November 2011

32 To the north west of the site is a development of modern bungalows known as Swan Avenue and to the north east is Honey Bun Hill a detached bungalow sited at the top northern end of Newtown The application site abuts the southern garden boundary of Honey Bun Hill

33 Newtown is a narrow unmade private road which serves to access a row of terraced houses on its western side and a number of individual detached houses which have been developed in a piecemeal fashion The side garden boundary of 17 Newtown forms the southern boundary with the application site

34 Beyond the application site to the north is open countryside

35 The application site is accessed from Stanion Road via a long narrow track which runs adjacent to the garden boundaries of 16 and 18 Stanion Road The access runs to the west of a rectangular plot of land to the rear of the terrace row in Newtown (1 to 17 Newtown) This land is commonly referred to as the lsquopump stationrsquo site and has planning permission for two dwellings using the same access as the application site (EN0200802FUL and EN 0200318FUL)

36 The site slopes upwards from Stanion Road towards the northern boundary

37 The north west boundary of the site is marked by a close board fence a public footpath and a row of leylandii trees A close board fence runs around the property known as Honey Bun Hill and the southern boundary is comprised of a mix of leylandii and native hedging

38 The character of the area is residential composed of a range of dwelling styles with no one type dominating

39 Brigstock Conservation Area is some distance to the east of the application site

4 Policy Considerations

4 1 National Policy PPS1 ndash Delivering Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 East Midlands Regional Plan (RSS8) On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 13b ndash Housing Provision (Northamptonshire) Policy 14 ndash Regional Priorities for Affordable Housing Policy 17 ndash Regional Priorities for Managing the Release of Land for Housing Policy 48 ndash Regional Car Parking Standards Policy MKSM SRS Northamptonshire 1 Policy MKSM SRS Northamptonshire 2

Development Control Committee 69 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements

Policy 7 ndash Delivering Housing Policy 9 - Distribution and Location of Development

Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficient and Sustainable Construction

Policy 15 - Sustainable Housing Provision

44 Other Relevant Policy Three Towns Preferred Options document The Highway Authority Standing Advice for Planning Authorities Document July 2008 Planning Out Crime SPD ENC Developer Contributions SPD

5 Relevant Planning History

51 0602201OUT ndash Outline for residential development ndash Granted under delegated powers by 16 February 2007

52 0700827FUL- Two detached dwellings This application was refused under delegated powers but later allowed on appeal

53 0801134FUL- Residential development ndash Refused under delegated powers on 27 Aug 2008

54 0900116FUL- Residential development of 6 new dwellings Resubmission of EN0801134FUL Permitted by the Development Control Committee on 25032009

55 0800395FUL- Erection of two detached dwellings swimming pools access and other associated works Permitted by the Development Control Committee on 04062008

56 1000341FUL- Erection of two detached dwellings - amendment to EN0800395FUL) Permitted by Development Control Committee on 080910

6 Consultations and Representations

61 Neighbours No comments received

62 Brigstock Parish Council ndash Object on the following grounds bull The design of the proposed dwellings is overpowering especially considering the sitersquos

elevated position The design is also very urban which is out of character with the village location The design would not mellow with age

bull The scale of the dwellings is wrong bull The right of way to Swan Close has been blocked off to allow an extension to the

garden of the dwelling on the neighbouring site (currently under construction) This is a symptom of overdevelopment

63 Highways Authority No objection

64 Ramblers Association No comments to make

7 Evaluation

71 The main considerations in the determination of this proposal are the principle of development design and visual impact and impact on neighbouring properties

Development Control Committee 70 of 100 Date printed 9 November 2011

72 Principle of development

721 The principle of development for two dwellings on this site was established by the previous application (1000341FUL) permitted at Development Control Committee on 08092010 The relevant national and local policy has not changed since the previous application was approved and therefore officers have no reason to alter their view of the proposed development

722 As the only difference between the previously approved scheme and the one put forward with this application is the insertion of a number of velux roof lights only the impact of the roof lights needs to be considered

723 It should also be borne in mind that the occupiers of the two dwellings could add roof lights without the need for planning permission once the dwellings are built

724 Not all of the previously approved conditions are recommended as part of this report to save duplication of the previous permission where it is clear that the dwelling has already been built in accordance with the previously approved plans

73 Design and Visual Impact 731 The design and visual impact of the two dwellings was considered during the previously

approved application and was found by members to be appropriate The comments from Brigstock Parish Council are noted but given that they make no specific comments regarding the proposed roof lights and as the two dwellings have already been approved their comments are not relevant to this proposal

732 Given the elevated positioning of the plot the roof of each of the proposed dwellings would be visible from outside the site However as the proposed roof lights would be small and positioned in line with the angle of the roof the roof lights would not be overly dominant in a visual sense

74 Effect on neighbours 741 Given the nature of the proposed development and as no additional bulk would be

introduced there would be no overbearing impact or additional overshadowing on neighbouring occupiers

742 A condition is recommended to ensure that the roof lights are inserted with a minimum cill height of 16 metres to avoid any additional overlooking

80 Other Issues 81 None relevant

9 Conclusion

91 In recommending this application for approval the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application is recommended for approval as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 71 of 100 Date printed 9 November 2011

10 Recommendation

101 It is recommended that the application be GRANTED subject to the following conditions

11 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Before commencement of the development hereby permitted details of the provision of screening to all boundaries of the site shall be submitted to and be approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erected and shall include details of boundary screening along the northern boundary which shall be erected in a manner which would provide privacy for the occupiers of Honey Bun Hill This boundary screening shall then be provided in accordance with the details so approved before the building is first occupied and shall thereafter be retained in perpetuity

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

3 Pedestrian visibility splays of 24m x 24m (20 metre x 20 metre if turning space is available within the site) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) no windowsdormer windows other than those expressly authorised by this permission shall be constructed on the side elevations of the proposed dwellings All windows serving bathrooms shall be obscure glazed in a manner which would prevent overlooking and fitted with top hung casements which are incapable of being opened further than 100mm

Reason To protect the residential amenity of neighbouring occupiers

5 No development shall take place until there has been submitted to and be approved in writing by the Local Planning Authority a comprehensive scheme of landscaping for the site which shall be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development unless otherwise agreed in writing by the Local Planning Authority The landscaping scheme shall include the retention of the existing trees along the eastern and southern boundary of the application site and those trees shall thereafter be retained unless agreed in writing by the local planning authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

6 All planting seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the building(s) or the completion of the development whichever is the sooner Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 72 of 100 Date printed 9 November 2011

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

7 Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy satisfying the requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy shall be submitted to and be agreed in writing by the Local Planning Authority and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

8 The rooflights hereby approved in the shall be provided at a minimum sill height of 16 metres and shall thereafter be retained in this manner unless otherwise approved in writing by the local planning authority

Reason In the interests of residential amenity

9 The works hereby permitted shall be carried out strictly in accordance with the approved plans (50-09-00 50-09-05 A 04-11-05B 04-11-01B 04-11-02B received on the 22082011 ) unless otherwise agreed in writing by the local planning authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application has been approved as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings

bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 73 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 27 October 2011

Case Officer Anna Lee EN1101447REM

Date received Date valid

Hill 12 September 2011 29 September

Overall Expiry 2011 24 November 20

Ward 11 Fineshade

Parish Easton-on-the-

Applicant Mr P Bee

Agent Mr J Moses

Location 33 Westfields Easton On The Hill Stamford Northamptonshire PE9 3LY

Proposal Reserved matters Development of land ro 31 and 33 Westfields for the provision of 4 dwelling houses with new access road Demolition of current garage and relocation of No33 to allow access road pursuant to application EN0901133OUT dated 31209

The application has been brought to Development Control Committee because the proposal falls outside of the 2010 Scheme of Delegation as it is for more than one residential unit within a Restricted Infill Village and because of the history of the site The original outline planning application EN0901133OUT was approved by committee on 02122009 and a copy of the previous report to committee is appended to this report

1 Summary of Recommendation

11 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and subject to conditions

2 The Proposal

21 Outline planning permission was granted for the construction of four dwellings on the site with all matters reserved under reference EN0901133OUT This application seeks reserved matter approval for access layout scale appearance and landscaping etc

22 The proposal is for four detached two storey dwellings comprising of one three bedroom property two four bedroom properties and one five bedroom property Three of the dwellings would have garages (plots 1 2 and 3) and a separate detached garage is proposed to serve the existing property no33 Westfields A new access road is proposed off Westfields to serve the proposed new dwellings and the existing property

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary The property benefits from a detached garage located on the side of the main house It is proposed that this garage would be demolished in order to provide space for the proposed new access road

Development Control Committee 74 of 100 Date printed 9 November 2011

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

34 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 ndash Biodiversity and Geological Conservation PPG13 ndash Transport PPS24 ndash Planning and Pollution Control PPG24 ndash Planning and Noise

42 East Midlands Regional Plan March 2009 On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 45 ndash Regional Approach to Traffic Growth Reduction Policy 48 ndash Regional Car Parking Standards

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution amp Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan (RNOTP) 2011 Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 6 ndash Residential Parking Standards

45 Supplementary Planning Guidance Planning Out Crime in Northamptonshire Feb 2004

46 Supplementary Planning Document Design SPD March 2009

47 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Development Control Committee 75 of 100 Date printed 9 November 2011

5 Relevant Planning History

51 Planning permission has been granted for other residential development on land to the east of the site A residential scheme comprising 10 affordable housing units was granted on the land to the rear of nos 9 to 21 Westfields under reference EN0800284FUL on 11062008 This scheme has been built and is now known as lsquoThe Bramblesrsquo

52 More recently Development Control Committee came to a resolution on 14042011 to grant planning permission for the construction of eight dwellings on land rear of nos 28 30 And 32 Western Avenue under reference EN1001183OUT This application is currently pending a legal agreement

6 Consultations and Representations

61 Neighbours Any comments received will be added to the committee updates

62 Easton on the Hill Parish Council Any comments received from the parish council will be added to the committee updates

63 Crime Prevention Officer (Northamptonshire Police) no objection The officer recommends that conditions be imposed to require (1) the submission of lighting details (2) boundary screening details and (3) details to ensure that the windows and doors of the new dwellings are fitted to secure standards

64 Environmental Protection Officer no objection However conditions are recommended (1) to control the demolition construction and delivery hours (limited to Monday to Friday 0800am to 1800pm Saturday 0830am to 1300pm and at no time on Sundays or bank holidays) (2) details of how dust would be controlled particularly during the demolition works (3) and an informative to advise that any asbestos found during demolition should be removed in a safe manner and be disposed of to an appropriately permitted facility

65 Site notice posted no other representations received

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 The principle of residential development at the rear of the properties along Westfields and Western Avenue has been established by the 10 affordable housing units built at the rear of numbers 9 to 21 Westfields (granted under reference EN0800284FUL) and another development of eight dwellings has been recently granted at land rear of 28 30 And 32 Western Avenue (under reference EN1001183OUT)

722 The principle of residential development on this site was established by the original outline planning permission EN0901133OUT The site was considered suitable for residential development because it lies within the built up part of Easton on the Hill and lies close to existing residential development and other local services Therefore only the following details are relevant to this reserved matters application access layout scale appearance landscaping parking impact on neighbour amenity and sustainable construction and energy efficiency These are discussed in turn below

Development Control Committee 76 of 100 Date printed 9 November 2011

73 Access

731 The application proposes the construction of a new access road in the position of the existing vehicular entrance so that access could be created off Westfields to serve the proposed new dwellings and the existing property no33 Westfields The local highway authority (NCC) carried out a detailed assessment of the proposed access road during the outline application and was satisfied with the creation of a new access road in the proposed location The proposed access road measuring more than 45 metres in width for the first 10 metres back from the highway boundary would allow sufficient room for vehicles to pass without conflict and would meet the NCC requirements for a shared access NCC has previously recommended that pedestrian visibility splays measuring 20 metres by 20 metres and vehicular visibility splays measuring 430 metres by 430 metres be provided on both sides of the vehicular access The agent has been requested to provide further drawings to clearly show these visibility splays Therefore providing satisfactory drawings are received to show these details the proposal would comply with NCC highway requirements

732 NCC have been consulted on this reserved matters application and the highway officerrsquos comments on the design and layout of the proposed new vehicular entrance and access road will be added to the committee update sheet

74 Layout

741 The proposed dwellings would be positioned to follow the orientation of the existing surrounding dwellings (along Westfields Western Avenue and The Crescent) and are arranged so that they would face onto an enclosure formed by the proposed access road and the front gardens of the proposed dwellings Each property would have a private driveway served off the access road and these would lead to a garage proposed for three of the properties (plots 1 2 and 3) The rear garden of the proposed dwellings would lsquoback-onrsquo to the rear gardens of the existing surrounding properties The rear gardens proposed for the dwellings each measuring approximately 13 metres by 10 metres in area would provide sufficient private amenity space to serve the future occupiers of the proposed dwellings As mentioned in the original outline application given the fact that the gardens of the existing surrounding properties all vary in layout and sizes and with some being similar in size than those proposed in this development the gardens proposed for the new dwellings would be acceptable

75 Scale and Appearance

751 As the area is characterised by two-storey houses condition 5 was imposed on the outline planning application to require that the proposed dwellings be limited to a maximum height of two storeys although it would be possible for the dwellings to have rooms in the roof Plots 2 3 and 4 are all two-storey properties with no rooms in the roof Whilst plot 1 is designed slightly taller than the other proposed dwellings and has two rooms in the roof this property would have the appearance of a two-storey property This is because this dwelling is designed with low eaves (measuring 50 metres) a low ridge (measuring 99 metres) and would not have any windows in the roof Therefore the proposed development would be in-keeping with the scale of the surrounding development

752 In terms of appearance the proposed dwellings are designed to look similar to each other but with also slight variations The buildings are designed with lean-to facing roofs small front porches (for plots 1 3 and 4) a two storey gable end on one plot (plot 2) and with the exteriors half covered in render and half in brickwork The overall design of the properties would generally be in-keeping with the existing surrounding houses and providing suitable materials are used in the construction of the properties the scheme would add an interesting and modern variation to the area

Development Control Committee 77 of 100 Date printed 9 November 2011

76 Landscaping

761 The submitted lsquoproposed landscape layoutrsquo drawing (drawing number JWMPB022) shows that the existing hedges and shrubs along the east and southwest boundaries of the site would be retained and new trees would be planted within the front and rear gardens of the proposed dwellings Also low level shrubs are proposed to be planted along the western boundary adjacent to the proposed access road and within the garden of no33 Westfields These proposals would help to enhance the landscaping within the development as well the appearance of the surrounding area

762 In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the boundaries of the site and within the neighbouring gardens conditions requiring the submission of tree protection details and an arboricultural method statement were recommended on the outline planning permission Therefore it would not be necessary to repeat these conditions should the council decide to grant the reserved matters application

77 Parking

771 Policy 6 of the RNOTP states that an average maximum residential parking standard of two spaces per dwelling will apply for the plan area In accordance with the requirement of this policy there would be room for parking of at least two vehicles within the curtilage of each of proposed dwelling There is room for parking along the driveways proposed at the side of plots 1 2 and 3 and in front of plot 4 and also within the garages proposed to serve plots 1 2 and 3 Also a double garage and parking area is proposed at the rear of no33 Westfields and this would provide sufficient parking for the existing property

78 Neighbour Amenity

781 The proposed dwellings at a distance of over 30 metres would be sufficiently positioned away from the residential properties to the north at Westfields and to the west at The Crescent (in particular numbers 29 31 and 33 Westfields and numbers 1 3 5 17 19 21 23 The Crescent) The new garage proposed for no33 Westfields and plots 1 and 2 would be positioned close to the outbuilding located within the rear garden of no31 Westfields However given that the neighbouring building is only used for storage there would be no undue harm on the neighbouring occupiers

782 Plots 3 and 4 would be positioned between 25 to 30 metres away from the neighbouring properties to the south (numbers 38 36 and 34 Western Avenue) There would be no significant overbearing overshadowing or overlooking impact on these properties due to this distance Furthermore no windows are proposed in the south side of plot 3 However in the interest of preventing overlooking on the neighbouring garden of no38 Western Avenue and plot 4 in the future a condition is recommended to require that no new windows be created in the south side of plot 3 in the future

783 Plot 4 would be positioned 15 metres away from no32 Western Avenue Due to this distance and the fact that the proposed dwelling would be positioned at an angle away from the neighbouring property on the northern side it would be extremely difficult to justify a refusal of planning permission on the basis of overbearing or overshadowing on this neighbouring property A toilet window is proposed at the first floor of plot 4 on the side closest to no32 Western Avenue Providing it be conditioned that this window is fitted with obscure glazing this would help to prevent overlooking on the neighbouring property

Development Control Committee 78 of 100 Date printed 9 November 2011

784 The submitted landscaping plans do not clearly show the treatments proposed along the boundaries to the surrounding properties Whilst the submitted plans identifies lsquoexisting mixed hedging and shrubsrsquo along the east and western boundaries it is difficult to establish how high the retained hedge would be and whether this would offer sufficient screening to the surrounding neighbouring gardens and the gardens of the proposed dwellings Also apart from the proposal to retain and plant new trees along the southern boundary of plots 3 and 4 the submitted drawings do not provide details of the boundary treatment proposed for the rear southern boundaries to the properties along Western Avenue Therefore in the interest of safeguarding the privacy of the existing surrounding occupiers and the future occupiers of the proposed dwellings conditions are recommended to require the submission of further boundary treatment details for approval before commencement of development

785 Low level shrubs and an open 1 metre high picket fence is proposed along the west and southern boundaries of no33 Westfields There are concerns that these would not provide sufficient screening for the rear garden of the existing property Therefore in the interest of safeguarding the privacy and residential amenity of the occupiers at no33 Westfields a condition is recommended to require the submission of further boundary screening details for approval

786 The proposed dwellings are sufficiently positioned away from each other such that there would be no undue overbearing or overshadowing impact between the properties A first floor bedroom window has been proposed in the north side of plot 3 which would directly face onto the front windows of plots 1 and 2 In order to prevent overlooking between the proposed dwellings the agent has been requested to remove the first floor bedroom window proposed in the north side of plot 3 Any amended drawings received will be reported in the committee updates Furthermore a condition is recommended to require that no new openings be created in the north side of plot 3 in the future

787 The conditions recommended by the Environmental Protection Officer to control delivery demolition and construction hours and require the submission of a dust control details would help to safeguard the residential amenity of the surrounding occupiers Overall the recommended conditions would help to minimise the impact of the proposal on the surrounding neighbours

79 Sustainable Construction and Energy Efficiency

791 Policy 14 of the NNCSS requires new development to incorporate techniques of sustainable construction provision for waste reduction and recycling and water efficiency and recycling and a condition has been imposed on the outline planning permission which requires the submission of a sustainable strategy before commencement of development (condition 20) The application is accompanied by a document which details the works proposed to be carried out to the individual properties However due to the lack of information provided to demonstrate how the development would meet the requirements of this policy an informative is recommended to remind the applicant about the requirements of condition 20 which has not been satisfied by the information submitted as part of this reserved matters application

8 Other issues

81 Levels ndash Condition 6 of the outline planning permission requires the submission of slab level details at the reserved matters A drawing has been submitted to show the existing and proposed level changes across the site and the levels at which the proposed dwellings and garages would be constructed (drawing number JWMPB024A) Given that the levels within and surrounding the site are relatively consistent the proposed level changes are relatively minor and do not appear to raise any significant issues

Development Control Committee 79 of 100 Date printed 9 November 2011

82 Drainage ndash Condition 9 requires the submission of foul and surface water drainage details These proposals are shown on drawing number JWMPB024A and detailed in the submitted Drainage and Waste Disposal Strategy The applicant has given sufficient consideration to drainage for the purpose of this planning application and the drainage proposals would be further assessed as part of Building Regulations

83 Crime and disorder ndash No33 Westfield and no1 The Crescent would provide natural surveillance for the access road and the proposed dwellings would provide natural surveillance for each other within the development However in the interest of the residential amenity of the future occupants and to reduce opportunities for crime and the fear of crime during the evenings conditions are recommended to require the provision of lighting along the main access road and within the development and that details be submitted to ensure the security of the windows and doors

84 Refuse ndash The submitted plans show that a small area would be provided within the front garden of no33 Westfields for the storage of refuse and recycling bins The agent has been requested to enlarge this area so that sufficient space could be provided for bin storage towards the front of the access This matter would be further discussed in the committee updates and any amendments received will be reported in the committee update sheet

9 Recommendation

91 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and the following conditions

10 ConditionsReasons -

1 Prior to the commencement of the development hereby permitted details and a sample of the proposed facing brick(s) and roof tile(s) to be used for the construction of the dwellings and garages hereby permitted shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

2 Prior to the commencement of the development hereby permitted details of the colour and finish details of the render to be used on the exterior of the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order) no windows or other form of opening shall be inserted in the south and north facing elevations of plot 3 hereby permitted

Reason To ensure adequate standards of privacy for neighbours and occupiers

4 Before plot 4 hereby permitted is first brought into occupation the first floor en-suite window in the south facing elevation shall be fitted with obscured glazing to a minimum level of obscurity to conform to Pilkington Glass level 3 or equivalent and this obscure glazing shall thereafter be retained permanently

Reason To ensure adequate standards of privacy for neighbours and occupiers

Development Control Committee 80 of 100 Date printed 9 November 2011

5 Notwithstanding the submitted details and prior to the commencement of the development hereby permitted details of the provision of screening to the eastern western and southern boundaries of the site (to the properties along Western Avenue and The Crescent) shall be submitted to and approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erectedretained This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

6 Notwithstanding the details shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) alternative boundary treatment for the west and southern boundaries of no33 Westfields shall be submitted to and approved in writing by the Local Planning Authority This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings hereby approved and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

7 The planting seeding and turfing proposals shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) and any subsequent planting proposals approved in writing by the Local Planning Authority under conditions 5 and 6 above shall be implemented in the first planting season following the first occupation of plots 1 2 3 and 4 unless otherwise agreed in writing by the Local Planning Authority Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

8 Prior to the first occupation of the dwellings hereby permitted the vehicular accesses to the public highway and parking facilities shown on the submitted plans to serve the development shall have been completed and brought into use and be thereafter retained unless otherwise agreed in writing by the local planning authority

Reason In the interest of highway safety

9 Deliveries demolition or construction works shall be not be carried out except between the hours of 0800am -1800pm Mondays to Fridays 0830am ndash 1300pm on Saturdays and at no time on Sundays or Bank Holidays unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of residential amenity

10Prior to the commencement of any demolition work or other development on the site a method statement for the control of dust during demolition and construction shall be submitted to and approved in writing by the Local Planning Authority The works shall thereafter be implemented in accordance with the scheme so approved unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 81 of 100 Date printed 9 November 2011

Reason In the interests of residential amenity the orderly development of the site and to protect the environment

11Details of a scheme of lighting for the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development This shall include full details of the type of lighting number exact location and level and type of illumination The scheme shall thereafter be implemented in accordance with the details so approved prior to the first occupation of the dwellings unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

12A scheme to ensure the security of all of the ground floor doors and windows and easily accessible first floor doors and windows of the dwellings hereby approved including details of any secure standards shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be carried out in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

13 The development hereby permitted shall be carried out strictly in accordance with the approved plans plans received by the Local Planning Authority on 12 September 2011 drawing numbersJWMWH025 JWMPB02B JWMPB021 JWMPB22 JWMWH016 JWMWH017 JWMWH015 JWMPB010 JWMPB009 JWMPB011 JWMPB005 JWMWH008 JWMPB002 JWMPB001 JWMWH003 JWMWH004 and drawing numbers JWMPB006A and JWMPB024A received by the Local Planning Authority on 29 September 2011 unless otherwise agreed in writing by the Local Planning Authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 The additional information to which this decision relates is as follows Information received by the Local Planning Authority on 12 September 2011

lsquoSpecification for Works To Be Carried Outrsquo and Tree Survey

2 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 PPS9 PPG13 PPS23 and PPG24 Policies 1 2 3 45 48 of the East Midlands Regional Plan 2009 Policies 1 9 10 13 and 14 of the North Northamptonshire Core Spatial Strategy 2008 Policies 1 and 6 of the Rural North Oundle and Thrapston Plan 2011 Design SPD 2009 Planning Out Crime in Northamptonshire 2004 and Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of development accesshighway impact layout scale appearance landscaping parking impact on neighbouring amenities and sustainable construction

Development Control Committee 82 of 100 Date printed 9 November 2011

------------------------------------------------------------------------------------------------------------------------

The application has been approved as

1 The principle of the development is acceptable and is consistent with the development plan and guidance contained in national planning policies

2 The proposal would not harm visual amenity or the character and appearance of the area

3 The proposal would not have any significant access issues or an unacceptable impact on the local highway

4 The proposed layout scale appearance and landscaping proposals are acceptable 5 The proposal would not result in an unacceptable loss or harm to trees 6 The proposal would not have a significant impact on the amenities of neighbouring

occupiers or the amenity of the area 7 The proposal would meet the sustainable construction and energy efficiency

standards

A full report is available on the Councilrsquos website wwweast-northamptonshiregovuk

3 The applicant is advised that any materials containing asbestos should be safely removed and disposed off to an appropriately licensed waste management facility

4 Unfortunately the information submitted as part of this reserved matters application does not address condition 20 of outline planning permission number EN0901133OUT The applicantrsquos attention is drawn to the requirements of this condition

5 Please note that an application to discharge the above conditions will be required Please ensure that you allow sufficient time for your application to be determined prior to implementing your permission An approximate timescale of 8 weeks is required For full details please visit httpwwweast-northamptonshiregovukconditions

APPENDIX 1 Report to Development Control Committee 02122009 ------------------------------------------------------------------------------------------------------------------------

The application has been brought to Development Control Committee in accordance with the 2006 scheme of delegation as the proposal relates to more than one residential unit within a Restricted Infill Village (formerly classified by policy H10 of the local plan) In addition the Parish Council has objected on grounds that the access to the development would be dangerous

1 Summary of Recommendation

11 That permission be GRANTED subject to conditions

2 The Proposal

21The application seeks outline planning permission for the erection of four dwellings on the site All matters including access siting external appearance landscaping etc are reserved

22 Whilst all matters are reserved the submitted Design and Access Statement explains that the existing access which serves No33 Westfields would be widened and used to the serve the development and the garage located to the side of No33 Westfields would be demolished to accommodate the new vehicular access route These proposals are shown on the submitted indicative layout drawings

Development Control Committee 83 of 100 Date printed 9 November 2011

23 In addition the submitted Statement confirms that the dwellings will be for market housing and the housing mix is of a mixture of three four and five bedroom properties as the submitted statement states ldquoThe floor area of the dwellings will range from 1300 sqft giving a total of approximately 546m2 (5869sqft) and be 1 No 3 bed 2 No 4 bed and 1 No5 bed homesrdquo The Statement also advises that ldquoIt is intended that these would be of ground and first floor construction with some possibility of utilising the roof spacerdquo

24 The maximum scale parameters have been confirmed by the agent in an email dated 26102009 as follows

Plot 1 maximum width 9 metres maximum length 9 metres maximum height 10 metres to the ridge and 55 metres to the eaves

Plot 2 maximum width 10 metres maximum length 10 metres maximum length 10 metres maximum height to the ridge 95 metres and 55 metres to the eaves

Plot 3 maximum width 85 metres maximum length 9 metres maximum height to the ridge 9 metres and 55 metres to the eaves

Plot 4 maximum width 8 metres maximum length 8 metres maximum height to the ridge 85 metres and 55 metres to the eaves

25 An amended drawing was received on 16th September 2009 to address the concerns of the Local Highway Authority (see paragraph 64 below for full details)

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden curtilage by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary and this access currently leads to a detached garage located on the side of the main house

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

32 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

Development Control Committee 84 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Supplementary Planning Guidance Parking SPG March 2003 Planning Out Crime in Northamptonshire Feb 2004

45 Rural North Oundle and Thrapston Plan (emerging policy) The Rural North Oundle and Thrapston Plan went through an examination process in 2008 and 2009 Following this examination on 8 July 2009 the Inspector found the document sound However as yet the Council has not adopted the Plan as a Development Plan Document as such the Council is still treating the document as emerging policy The relevant policies in the RNOTP include

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

46 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008 Design SPD March 2009

5 Relevant Planning History

51 A residential scheme comprising 10 social housing units was granted on the land to the rear of numbers 9 to 21 Westfields under reference EN0800284FUL on 11062008 At the time of the application this site was known as Land between 6 and 16 Porters Lane Access to the site was provided In this application from the front of no15 Westfields

52 Previous applications proposing a bungalow and one or two dwellinghouses on the site were refused under planning reference 660008QTR on 14101966 and 6300067OTR on 05031964 respectively

53 Extensions and alteration have been permitted to the property No33 Westfields and these are listed below

- EN0000893FUL Detached double garage (revised scheme) Permitted 06122000

- EN0000091FUL Two storey rear extension and detached double garage Permitted 06042000

54 Extensions and alterations have also been permitted to no31 Westfields and these are listed below - EN9900406FUL Single storey rear extension Permitted 05081999

6 Consultations and Representations

61 Neighbours 18 neighbour letters received and the contents are summarised below

2 Baxters Lane Objection The neighbour considers the road to be busy and narrow with cars parked along on the road and on the grass The neighbour comments that ldquoThe area is densely populated On top of this is the only access to the Cricket ground and playing fields as well as serving the only village shoprdquo The neighbour is concerned that as the affordable housing scheme has yet to be implemented the development

Development Control Committee 85 of 100 Date printed 9 November 2011

would further increase traffic damage trade to the shop and increase the risk of accidents ldquoespecially the children of the village who use this only route to the playing fieldsrdquo

33 Church Street Objection The neighbour is concerned about road safety The existing site is considered to be on already dangerous corner and that the development would add permanently to this hazard

51 West Street Objection The neighbour is concerned about the proposed access The proposed access is considered to be too narrow and in itself a hazard In addition the corner of the site adjoins a lane which provides access for farm vehicles to the fields and access for pedestrians attending the cricket club and playing field further down the lane ldquoThe corner junction also provides access to the allotments and is used as a turning point by those frequenting the Post Office at the bottom of Westfieldsrdquo The neighbour is also concerned about parking as Westfields is often parked with vehicles at peak times and considers the situation to worsen once the scheme already granted for the 10 dwellings further along the road is complete The neighbour considers that a traffic survey taken in the morning and also late afternoon may better reflect the activity of the local area

1 Westfields Objection The neighbour feels that the area is already overdeveloped The neighbour advises that there is already traffic in the area from the rest of the village using the post office and shop and there are large farm vehicles using the road to get to the land west of the village where large vehicles have problems passing because of the parked cars The neighbour considers the main issue to be the entranceexit road on the corner of The CrescentWestfields which appears very dangerous and vehicles travel quite quickly at times

23 Westfields Objection In addition to the concern of increased traffic problems the neighbour is concerned about the increase in strain to their sewerage system and water supply as the area is experiencing a low water pressure problem

38 Westfields Objection on grounds that the road would exit onto a very busy and dangerous corner ldquoThere cars parked on the corner on both sides add to this that on a sunny day when you come from the Cresent direction the sun shines in your eyes and it is very difficult to see traffic coming up Westfields ndash mostly on the wrong side of the roadrdquo

40 Westfields Objection due to loss of privacy to neighbours and due to the development being a cramped form of development The neighbour is concerned that the development is situated on a busy corner which in itself would be dangerous and will impact seriously on parking by existing residents and also increase traffic especially during development

42 Westfields Objection The occupants have lived in Westfields from when the first homes were built The neighbour feels that the houses will be too crammed into the garden space of the two properties There are concerns about parking as few homes have off-road parking and there are many vehicles parked on the roadside The neighbour comments that ldquoThe Crescent and the entrance to the Drift I believe this to already be a road safety hazard and would like to see speed ramps in use Extra traffic four homes could mean at least 8 extra vehicles trying to pull out onto Westfields at this point would create hazards for traffic using using Westfields as a link in either directionrdquo In addition to road traffic the neighbour is concerned about the safety of pedestrians and local school children

Development Control Committee 86 of 100 Date printed 9 November 2011

44 Westfields Objection It is believed that this proposal would cause numerous problems to local residents including the loss of privacy and a cramped form of development The neighbourrsquos major concern is that the proposed entranceexit to this development is to be situated on a busy corner in which the neighbour considers dangerous and will impact on parking by existing residents and increase traffic especially during development

46 Westfields Objection ldquoThe main basis for this Objection is the impact this proposal will have on traffic flows and road safety along with the assertion by the proponent of the scheme that Easton on the Hill is a lsquoSustainable Communityrsquordquo The other concerns are summarised below

bull Traffic ndash The neighbour notes that a Traffic Audit has been submitted to provide some information on the current traffic flows along Westfields However the neighbour comments that this was conducted over one weekday and only between the hours of 10am and 2pm ldquoThe traffic survey did not cover commuter traffic ie those people driving to and from work and did not cover any weekend period at allrdquo The neighbour requests the Council to consider whether this survey is adequate to inform decision making

bull The cumulative impact from the proposed development with other developments in the vicinity on traffic and road safety

bull The proximity of the proposed access to the road bend and reduced visibility for drivers The development increases the risk of accidents to other road users and pedestrians in particular school children and young people

bull No33 currently has two entrances which they can use The parking of vehicles outside would obstruct both entrances

bull The neighbour is concerned that public parking would be restricted along this stretch of Westfields ie by the imposition of double yellow lines and considers this to be detrimental to the other residents and visitors

bull The neighbour considers the idea of lsquosustainable communityrsquo to be questionable as the new residents of the development will also use cars

bull The neighbour refers to Policy 2 of the RNOTP and questions whether the existing local services ie shops and schools would cope with the extra demand

bull The proposal increases the density of dwellings on the same area of land

48 Westfields Concerns are raised about the highway impact of the development ldquoAlready traffic comes down from The Crescent onto Westfieldrsquos (which is quite a sharp corner) as far too fast a speedrdquo and the damage caused to parking cars by the moving traffic The neighbour advises that the playing field already generate a lot of traffic In addition the neighbour is concerned about sewerage problems

3 The Crescent The neighbour advises that there is already a parking problem in the area where the roads are congested The submitted Traffic Survery does not take into account the busiest times of the day and pedestrian movement Concerns are raised on how emergency services will access the properties In addition the neighbour comments that there are already vacant houses for purchase in the recent development on Porters Lane and the submitted plans do not identify this development The submitted pictures shows no cars parked opposite the entrance and regularly there are at least 3 cars parked

16 The Crescent Objection Concerns raised on traffic from the farm The Close Western Avenue and Porters Lane and the danger on children who play in the area in the evenings

Development Control Committee 87 of 100 Date printed 9 November 2011

22 The Crescent Objection Concerns raised on traffic from local residents cricket club football field local shops and allotments and that the development would further increase traffic volume and harm local safety The access would adjoin onto Westfields at a corner which is currently unsafe and would increase the likelihood of accidents In the winter months the road is not gritted there have been accidents in the past and the proposed access road would increase danger to local residents

23 The Crescent no objection providing the houses are as stated in the application of two storey (ground and first floor) houses and not three storey town houses objection otherwise

14 Western Avenue The neighbour comments that the proposed driveway would be close to the road corner and the road corner is also the junction with the access lane to the local playing fields used by pedestrians children sports people and farm vehicles The allotments are also at this junction and there is currently no parking for the allotments These properties are considered to generate 15 cars and the neighbour questions whether this driveway can be considered a reasonable access In addition concerns have been raised on emergency vehicle access rubbish collection ldquoA single driveway would mean congestion on Westfields and The Cresent when a car wants to turn in if one was on the drive waiting to come outrdquo The traffic survey carried out for the times between 10am and 2pm hardly shows average usage ldquoCars that have been to the Post Office at the bottom of Westfields use the junction area as a turning point to go back down Westfields rather than go round The Crescent and Western Avenuerdquo ldquoWould the type of house being built actually be of benefit to the village there are still properties of this type for sale in the development on Porters Lane yet affordable housing for the village is required to either bring families into the village that will use the village school or provide single-storey accommodation for the elderlyrdquo The traffic from the recent development of 10 houses and other local traffic will need to be taken into consideration Parking is already a problem in the area as there is limited off-road parking and Westfields is particularly difficult to drive down because of the on-street parking

34 Western Avenue Objection The reasons are summarised below

bull Visual impact and in particular the spacious and rural appearance of the estate and the development would be a dominant feature

bull The development would be cramped and overdeveloped bull Plot 4 will overlook directly on the neighbours property and garden and affect the

neighbourrsquos view of the lsquorural aspectrsquo bull Loss of privacy ndash There is currently not a row of trees to the neighbouring boundary

Any trees planted would be so close to cause light problems to Plot 4 as this would be on the southern side of the property

bull Loss of light and overbearing from Plot 4 bull Harm to existing trees in particular the proposed driveway would impact on the tree

roots bull The tree canopies shown on the submitted drawing are inaccurate as they spread over

the boundary more significantly The existing vegetation is misinterpreted as trees bull Highway impact ndash The existing roads are narrow and care has to be taken with regard

to parked vehicles and oncoming traffic The submitted traffic survey was taken between 10am and 2pm but the village store and post office open between 7am and 7pm ldquoIn the mornings Porters Lane Western Avenue The Cresent and Westfields is used as a loop to drive to this shoprdquo and the traffic survey has not taken into account the 10 new houses built further down the road ndash estimated at being between 20 and 30 extra vehicles In addition the neighbour refers to the corner where Westfields and The Cresent meet and the traffic issues associated with the football pitch playing fields cricket club farm vehicles and allotments

bull Parking ndash would be a problem within the site there will be insufficient turningmanoeuvring space for vehicles to exit the site

Development Control Committee 88 of 100 Date printed 9 November 2011

bull Refuse ndash there are likely to be refuse problems as refuse lorries will not enter the site and refuse and recycling containers will have to be taken out to Westfields by the future occupiers

36 Western Avenue Objection

bull The access road to the development is situated close to the corner of Westfields and The Cresent and is unsafe and would increase the likelihood of accidents The proposal would intensify the use of the existing access from one to five and the visibility in the west direction is inadequate

bull The development would increase on-street parking where the existing road is narrow and has vehicles parked on both sides

bull Plot 4 would be positioned close to No34 and 36 Western Avenue and would be intrusive ldquoThe plan indicates trees directly behind plot 4 which are none existent only a low hedge existsrdquo

bull The neighbour is also concerned about noise due to the increase of vehicular movements and intensification of use of the site

bull The neighbour considers that the proposal would have an adverse affect on the character and appearance of the area would be a cramped form of backland development and would be over development of the site

bull Concerns have also been raised on the impact on nature conservation loss of wildlife habitat and loss of valuable green space within the estate

62 Parish Town Council objection ldquoon grounds that the access to the development proposal would be dangerousrdquo

63 Northamptonshire Crime Prevention Officer no objections subject to Northamptonshire Police being consulted on the full details during the submission of the Reserved Matters and in particular on the lighting scheme for the site The Crime Prevention Officer advises that Policy 13(b) of the Northamptonshire CSS states that ldquoSeek to Design out antisocial behaviour crime and reduce fear of crime by applying the principles of the Secured by Design Schemersquo and the Planning Out Crime in Northamptonshire SPG should be applied to the consideration of this application In addition the Crime Prevention Officer recommends that the homes should be built to attain the ACPO SBD Ltd ldquoSecured by Designrdquo award

64 Local Highway Authority The Highway Officer initially raised concerns that the visibility splay shown on the submitted drawing for the western side of the access was incorrect as third party ownership may prevent the implementation of the splays An amended drawing was later received to address the Local Highway Authorityrsquos concerns and the Local Highway Authority is now satisfied that sufficient information has been submitted to demonstrate that a vehicular access can be constructed in this location in accordance with the NCCrsquos adopted standards (see below for full details of recommendations)

65 Housing Strategy ldquoHousing Strategy does not support this application as the proposed type of housing will provide larger family dwellings and the need in the area is for smaller properties The provision of two bedroom houses for couples families or two bedroom bungalows for older people would be more appropriate Easton on the Hill has the highest percentage of older people in the District and the majority of these are owner occupiers The provision of bungalows would also mean less traffic congestion which seems to be a concernrdquo

Development Control Committee 89 of 100 Date printed 9 November 2011

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 PPS1 and PPS3 encourage the reuse of previously developed land and bearing in mind the sitersquos location within an existing settlement and a primarily residential area it is considered that the principle of residential development is acceptable

722 Easton on the Hill is classified as a lsquoCategory A Network Villagersquo in the Rural North Oundle and Thrapston Plan where there is scope for windfall development providing the development satisfies other criterias set in Policy 2 in terms of scale siting design has a satisfactory means of access and does not adversely affect the surrounding environment

723 Furthermore the principle of residential development to the rear of the properties along Westfields is already established by the recent development granted for 10 housing units to the rear of Nos9 to 21 Westfields under reference EN0800284FUL on 11062008 Therefore providing the development satisfies all other planning considerations (as listed above) it would be difficult for the Council to resist the development

73 Visual Impact

731 The application is in outline full details of the external appearance of the dwellings including their size positions and layout would be subject to a separate application and would be considered at the Reserved Matter stage

732 Whilst the application is in outline a layout plan has been submitted to provide an indicative illustration of the layout of the development and information has been provided by the agent to confirm the maximum scale parameters of the dwellings

733 In terms of layout it is considered that a housing scheme can be accommodated without detracting from the grain of surrounding development This is given that that the properties along Westfield follow a vertical pattern of development and the properties along The Crescent (to the west of the site) follow a horizontal pattern of development In addition whilst the properties along Westfields (that back onto the site) are located on more spacious plots and have longer and larger rear gardens the gardens of the properties along Western Avenue and some of those along The Crescent have much shorter and smaller gardens Given the surrounding mixture of garden layout and sizes it is considered that the development can potentially be accommodated without resulting detriment to the surrounding pattern of development and can be laid out without appearing too cramped

734 In terms of the height of the development a two-storey house measures approximately 8 metres in height to the ridge and the maximum height specified for the dwellings is between 85 to 10 metres in height The proposal is to have two-storey housing development with second floor accommodation provided in the roof and the maximum eaves height parameters of 50 to 55 metres stated by the agent would reflect this Given that the surrounding development is mainly two-storeys high and the fact that the dwellings would be barely visible from the main road it is considered that there will be no significant visual impact from this proposal

Development Control Committee 90 of 100 Date printed 9 November 2011

735 Based on the submitted information it is considered that the dwellings can be accommodated on this site without resulting harm to the character and appearance of the area A condition to require that the dwellings be two-storeys high and have a maximum ridge height of 100 metres (55 to the eaves) however is recommended in the interests of the character and appearance of the area to preserve neighbour amenity and to ensure that the development is carried out in accordance with the submitted proposals

736 Comments were received from neighbours raising concerns that the development would result in the loss of valuable open green space which lies to the rear of the properties The site currently forms the private rear gardens of Nos31 and 33 Westfields and given that this space is mostly concealed away and is not visible from public viewpoints it is considered that this space does not offer sufficient amenity value and therefore there is insufficient justification for the Council to prevent development on the site

74 Neighbouring Amenity

741 The submitted indicative layout plan demonstrates that the dwellings can be positioned within the site without resulting in an undue overbearing overshadowing or overlooking effect upon the occupiers in the residential properties nearest to the site including numbers 31 and 33 Westfields numbers 1 3 17 19 21 23 The Crescent and numbers 38 36 and 34 and 32 Western Avenue

742 The neighbouring buildings numbers 31 and 33 Westfields are positioned over 20 metres away from the northern boundary of the site Numbers 13 17 19 21 23 The Crescent are positioned approximately 28 metres away from the western boundary of the site and numbers 38 36 and 34 are positioned 20m metres away from the southern boundary of the site Whilst No32 Western Avenue is positioned approximately 14 metres away from the boundary of the application site this neighbouring property and rear garden area are positioned at an oblique angle to the site In addition the building shown south of Plot 3 on the submitted plan is a single-storey garage with openings in the eastern side

743 Whilst the exact positions of the proposed dwellings are unknown in this application for outline planning permission the dwellings are likely to be positioned within the site away from the boundaries and this is likely to further increase the front-to-front or back-to-back distance between the dwellings erected on the site and the existing surrounding houses A front-to-front or back-to-back distance of between 17 and 20 metres is normally sufficient to prevent any significant overlooking overbearing or overshadowing between buildings and would be sufficient in this case given the levels are relatively consistent within the site and with the surrounding properties

744 In terms of the impact on No32 Western Avenue the indicative position of Plot 4 shown on the submitted layout plan would demonstrate that a dwelling can be positioned at a minimum distance of 18 metres away from the rear of No32 Western Avenue Whilst this distance and the oblique angle between the Plot and the neighbouring property is sufficient to prevent undue overlooking and overbearing between the properties this distance can be extended if Plot 4 is positioned further within the site and is a matter than can be considered in the Reserved Matters

745 In terms of the impact on the garage located at the rear of No38 Western Avenue given that this building is single-storey in height no more overshadowing or overbearing impact is likely to result on this building than if 20 metre high fencing is erected along the boundary Furthermore adequate boundary screening would help to preserve the privacy of the neighbourrsquos garden

Development Control Committee 91 of 100 Date printed 9 November 2011

746 All other surrounding dwellings will be positioned further away and will be remain sufficiently physically removed and hence will not be adversely affected

747 Whilst some neighbours along Western Avenue have raised concerns that the boundary screening to the southern boundary of the site are inaccurately shown on the submitted drawing full details of boundary screening a survey of existing trees and landscaping can be requested by condition and this is a matter that can be considered at the Reserved Matters Therefore conditions have been recommended accordingly

748 In addition concerns have been raised by neighbours that the proposed access would result in undue noise disturbance due to increase in vehicular movements and intensification of use of the site The properties located immediately adjacent to the access are No1 The Crescent and No33 Westfields Given that the access is already in use by the occupants at No33 Westfields and the nature of the proposed development (for residential use of four units) it is considered that there are unlikely to be significant noise issues from this proposal and any noise resulting from traffic during development is likely to be temporary

749 Overall the impact on neighbouring amenities is considered insufficient to warrant the refusal of planning permission on this outline planning application

75 Highway Impact

751 Concerns were raised by local residents about the impact of the development upon highway safety The concerns primarily relate to the cumulative impact of the development with the existing traffic and parking associated with the local recreational ground allotments farm track local shop the scheme already approved for the 10 dwellings on the site nearby the location of the access to the bend and the access and turning arrangements to and within the site which were described to be narrow and inadequate In particular surrounding residents were concerned about the safety of pedestrian users including school children

752 Again Members are reminded that precise details of the vehicular access is a matter reserved for consideration as part of the Reserved Matters application all that needs to be considered in this outline application is whether the applicant has satisfactorily demonstrated that a vehicular access can be accommodated within the site to serve the proposed development to the Highway Authority standards

753 The Local Highway Authority (NCC) would usually require a shared access to measure 45 metres to allow emerging drivers to pass without conflict and the indicative layout plan shows that a shared access can be accommodated within the site which meets the NCC standards In addition the Local Highway Authority has advised that in order for an access to be acceptable in the location shown pedestrian visibility splays of 20 metres x 20 metres would need to be provided on both sides of the access and in terms of vehicular visibility splays sight lines of at least 430 metres x 430 metres (measured 20 metres back along the centre line of the proposed junction) would be required

754 Following the Highway Authorityrsquos concerns that the western side of the access had been detailed incorrectly (as this falls outside of the applicantrsquos ownership) revised details have been submitted to show visibility splays which falls within the site boundary In addition the vehicular visibility splay in the westerly directly has been extended to 450 metres to improve visibility in that direction for on-coming vehicles

Development Control Committee 92 of 100 Date printed 9 November 2011

755 Overall the Local Highway Authority has no objections to the proposal and is satisfied that a vehicular access can be provided within the site that would meet the NCC requirements In terms of conditions the Local Highway Authority has requested conditions to require (1) details be submitted to show the surface water side inlet gully relocated and installed a minimum of 10m sideway clearance from the shared vehicular access to point of discharge (2) adequate surface water drainage be provided to prevent the unregulated discharge of water onto the highway (3) that the first 50 metres of the vehicular access be hard surfaced and (4) that the first five metres of the access remains un-gated Such conditions and conditions on visibility are recommended accordingly in the interest of maintaining the safety of pedestrians and the safety of other highway users

756 The Highway Officer has considered the Traffic Survey submitted with the application and has advised that a survey of vehicular movements outside of busy hours is necessary for the collection of data which is intended to monitor the maximum speed of traffic In particular the Officer comments ldquoStopping Sight Distances is determined by the 85tile speed of traffic which determines the minimum distance emerging drivers are required to be available to assist whilst emerging from the shared driveway Noting the horizontal alignment and parked vehicles within the street the submitted data would appear to be appropriate for this particular layoutrdquo To summarise the Officer has taken into account the speed of traffic and the minimum distance necessary for vehicles exiting in this location to see on-coming traffic and noting the parking layout of vehicles along the street the submitted Traffic Survey would appear to be appropriate

757 In addition the Highway Officer was requested to consider whether roadway improvement works would be necessary for the section of road which runs between Westfields and The Crescent On this matter the Highway Officer advised that ldquoWith the proposed development of 4 dwellings I would not anticipate off site accommodation works although the applicant may wish to promote the change of priority to assist with reducing the traffic speed even further This in turn may help with the overall flow of traffic throughout the complete 24hour periodrdquo Overall the Highway Officer does not consider that the proposed development would have an adverse affect on the surrounding roads to the extent that would justify highway improvements and therefore it would appear unreasonable for the Council to request for these improvements This is given the overall scale and nature of the development

758 In terms of parking many of the properties along Westfields have off-road parking provided within the front garden curtilage In addition on-street parking is available in between vehicular access points along the street The proposed development comprising of four detached residential units is likely to generate the need for approximately 8 parking spaces (2 parking spaces per unit) The indicative layout shows single garage parking and driveways which allow parking for two vehicles to serve each property As the indicative layout has demonstrated that approximately 12 off-road parking spaces can be provided to serve the development (3 parking spaces per unit) it is considered that overall the submitted information has demonstrated that sufficient parking can be provided

759 The application site lies approximately 130 metres away from the scheme of 10 residential units granted on land to the rear of Nos9 to 21 Westfields Whilst both developments are located along Westfields they are located some distance away from each other and have different access arrangements Overall it is considered that each development would have to be considered individually in terms of its highway impact and on its own merits

Development Control Committee 93 of 100 Date printed 9 November 2011

7510 Overall it is considered that there will be no significant highway impact from this proposal and the impact on highway safety is insufficient to justify a refusal of planning permission on this application

76 Access for Emergency Vehicles and Refuse Storage and Collection

761 The indicative layout plan shows a shared access which meets the Local Highway Authority standards and this would sufficiently demonstrate that emergency vehicles would be able to gain access to the site

762 In terms of refuse collection the Local Highway Authority had initially commented that they would not wish to see refuse stored at the front of the site that would obstruct the vehicular access or public highway In response to the Local Highway Authorityrsquos concerns the amended drawings now show a section of the first 10 metres of the vehicular access widened to measure 58 metres in width and this would demonstrate that sufficient space can be provided at the front of the site for the storage of bins before collection without resulting obstruction to the access drive or public pavement

763 Due to the distance of the properties to the highway (some 70 metres) this means that the future occupiers would have to move their refuse to the front of the site near Westfields for collection ENC Waste Management would not be able to collect waste directly from the site as the distance recommended by ENC Waste Management for Waste Crews to travel to collect waste must not exceed 25 metres and the recommended distance for residents to travel to use bin stores should not be more than 30 metres Overall it is considered that the proposed refuse collection arrangements would be insufficient to justify the refusal of planning permission on this application

77 Drainage and Sewerage

771 Concerns were raised by some of the surrounding residents that the development would add strain on the existing drainage and sewerage systems and that the area experiences a low pressure problem Building Control and Environmental Protection were consulted on this matter and they have responded as follows

772 Building Control has advised that they were not aware of any drainage issues in the area In terms of the cumulative impact of the development with the development already granted for the 10 units on land to rear of Nos7 to 21 Westfields it is for the developer to liaise with Anglian Water to provide adequate drainage and sewerage facilities to serve the development and this may involve upgradingimproving the existing systems

773 Environmental Protection advises that they have checked through their records relating to drainage in the local area Whilst there have been some problems at individual properties ie where there have been breaks in pipes due to rats and problem with a blocked shared drain works were carried out by Anglian Water and the file was closed in March this year

774 Overall there are no apparent issues that would justify the refusal of planning permission However in order to ensure that satisfactory drainage systems are provided to serve the development a condition to require the submission of drainage details together with the other Reserved Matters details is recommended

78 Housing need in Easton on the Hill and whether existing local services would cope with demand

Development Control Committee 94 of 100 Date printed 9 November 2011

781 Housing Strategy has advised that there are approximately 500 houses in Easton on the Hill of which 82 are deemed affordable (14 are shared ownership and 68 are rented) For a development site of less than 028 hectares it is likely that market housing made up of smaller units would be needed ldquoThe Strategic Housing Market Assessment (SHMA) indicates that the need in the Fineshade Ward is for smaller dwellings which I would interpret as two bedroom properties Fineshade has in fact got one of the highest levels of under occupancy in the District which indicates that there are a lot of larger dwellings in the wardrdquo

782 Whilst the Housing Market Assessment suggests that there is a need for smaller units and Housing Strategy has suggested that bungalows would be a more appropriate type of housing for the local area it is considered that the proposed development comprising of medium sized detached units would be more in-keeping with the layout of housing and tenure found in the local area Overall it is considered that the lack of need for medium sizedlarger units would be insufficient to justify the refusal of planning permission on this application

782 Residents express concern that the development would increase demand on local services The number of dwellings proposed and size of the site falls below the threshold set out in our SPD in respect of developer contributions

79 Impact on nature and conservation

791 Whilst the proposal involves demolition of the existing garage located to the side of No33 Westfields this is a domestic garage that has been in use and therefore there are unlikely to be any bats or birds to be affected

710 Impact on trees

7101 Most of the vegetation bordering the site to the southern eastern and western boundaries consists of a mixture of trees and shrubs In particular a row of conifers lie along the northern part of the western boundary of the site and these are situated within the garden of the neighbouring property No1 The Crescent In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the main boundaries of the site conditions requiring the submission of tree protection details and Arboricultural Method Statement details are recommended

7102 Whilst a few trees can be found located within the site these offer limited amenity value to the wider surrounding area Subject to most of the trees located along the main boundaries of the site being retained and that a landscaping scheme is provided it is considered that this would help to assimilate the development into the surrounding area and help to preserve neighbour amenity

8 Other issues

81 Amenity space -The submitted indicative layout would show that adequate amenity space could be provided to serve the dwellings In addition sufficient amounts of rear garden area would be left for the original properties Nos33 and 31 Westfields

82 Withdrawal of permitted development rights ndash In order to safeguard the amenity of the future occupiers of the dwellings and ensure the dwellings would not be unacceptably altered in the future (particularly in the roof) and to avoid detriment to the character and appearance of the area it is recommended that Class A B and C permitted development rights (relating to extensions and roof alterations) be withdrawn from the properties

Development Control Committee 95 of 100 Date printed 9 November 2011

83 Crime and Disorder - this application does not raise any significant issues as there would be mutual overlooking between the dwellings within the site and surrounding the site A condition however to require details of a scheme of lighting to be submitted is recommended to ensure that the access driveway is appropriately lit in the evenings

84 Access for Disabled ndash the buildings would not be subject to any public access and therefore does not raise any significant issues

9 Recommendation

91 That the application be GRANTED subject to the following conditions

10 ConditionsReasons -

1Approval of the details of the access siting scale and appearance of the building(s) and the landscaping of the site (hereinafter called ldquothe reserved mattersrdquo) shall be obtained from the local planning authority in writing before the development is commenced

Reason The application is in outline only and the reserved matters referred to will require full consideration by the Local Planning Authority

2Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

3The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

4The details required to be submitted by condition No 1 shall include the provision of boundary screening to the site This shall include details indicating the positions height design materials and type of boundary treatment to be erected This boundary screening shall then be provided in accordance with the details so approved before the development is brought into use and shall be retained thereafter in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

5The dwellings hereby approved shall be limited to a maximum height of two storeys only with rooms in the roof in accordance with the principles of the submitted design and access statement received on 20th July 2009 and agent email received on 26th October 2009 and shall have ridge heights not exceeding 100 metres and eave heights not exceeding 55 metres

Reason In the interests of the character and appearance of the street scene and amenities of the neighbouring occupiers

Development Control Committee 96 of 100 Date printed 9 November 2011

6The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include drawings showing the slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall there after be constructed in accordance with the details so approved in writing by the local planning authority unless otherwise agreed in writing by the Local Planning Authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

7Before commencement of development details and samples of the external materials to be used for the construction of the dwellings shall have been submitted to and be approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

8The details required to be submitted by Condition No 1 hereof shall include the provision of foul water and surface water drainage installations to serve the development proposed

Reason To safeguard public health and ensure that satisfactory foul and surface water drainage provisions are provided to serve the development

9The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include vehicular access details and pedestrian visibility splays of 20m x 20m and vehicular visibility splays of 430m x 430 metres (measured from a point 20 metres back along the centre line of the proposed junction) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

10 Before commencement of development details shall be submitted to the Local Planning Authority to show the relocation and installation of the surface water side inlet gully and the gully shall have a minimum of 10m sideway clearance from the shared heavy duty vehicle access to the point of discharge The development shall thereafter be implemented in accordance with the details so approved in writing unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of highway safety

11Adequate surface water drainage system shall be provided to prevent the unregulated discharge of water onto the highway boundary and these measures shall be implemented before the development is brought into use

Reason In the interest of highway safety

12Before the development hereby permitted is commenced details of the construction and surfacing of the vehicular access to the public highway parking facilities and all other hard-surfaced areas within the site shall have been submitted to and approved by the local planning authority These facilities shall then be provided in accordance with the approved details before the first occupation of the development

Reason In the interest of highway safety and visual amenity

Development Control Committee 97 of 100 Date printed 9 November 2011

13The vehicular access shall have a gradient not exceeding 1 in 15 for a distance of 50 metres back from the correct level at the highway boundary Prior to the first occupation of the development hereby permitted this area shall be paved with a hard bound surface for a minimum of 50 metres back from the highway boundary and be thereafter retained

Reason In the interest of highway safety

14Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) any gates or other form of barrier provided at the access point shall be positioned 50 metres back from the highway boundary and shall be hung to open inwards only

Reason In the interest of highway safety

15The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include a scheme of landscaping for the site The details shall include a plan at not less than 1500 showing the position species canopy spread and height of all trees within and adjacent to the site indicating those to be retained and those proposed for felling and planting The development shall thereafter be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development

Reason To ensure a reasonable standard of development and to avoid detriment to the amenity of the area

16Before commencement of development protection details for the on-site trees in particular the trees located along the western southern and eastern boundary of the site shall be submitted to and be approved in writing by the local planning authority These details shall be in accordance with BS58372005 and the development shall be implemented in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

17Before commencement of development an Arboricultural Method Statement shall be submitted to and be approved in writing by the local planning authority This statement shall be in accordance with BS58372005 and the development shall be carried out in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

18Prior to the commencement of the development hereby permitted details of a scheme of lighting for the site shall be submitted to and approved by the local planning authority and the scheme shall thereafter be implemented and retained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To minimize the opportunities for crime and fear for crime

19Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any Order amending or re-enacting that Order with or without modification) there shall be no development within Classes A B or C of Part 1 of Schedule 2 to that Order without the prior written approval of the Local Planning Authority

Development Control Committee 98 of 100 Date printed 9 November 2011

Reason To protect the amenity of adjacent occupiers to ensure a satisfactory elevational appearance for the development and ensure the development would not detract from the character and appearance of the area

20Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy shall be submitted to and be agreed in writing by the Local Planning Authority to demonstrate that the development would meet requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

Informatives

1 The drawings to which this decision relates are as follows

Site location plan scale 12500 shown on drawing number SAS71902 and existing site plan drawing number SAS71901 received on 20th July 2009 drawing number SAS71902 Revision A received on 16th September 2009 Design and Access Statement received 20th July 2009 Sustainability Appraisal and Energy Statement received on 31st July 2009 Scott Architectural amp Interior Services letter received 16th September 2009 and Scott Architectural email received 26th October 2009

2 The reason for the above decision is because the development proposed accords with the Development Plan and other material considerations as required by Section 38(6) of the Planning and Compulsory Purchase Act 2004 In particular with

National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

Development Control Committee 99 of 100 Date printed 9 November 2011

Rural North Oundle and Thrapston Plan (Emerging Policy) Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

Supplementary Planning Guidance Parking SPG March 2003

Planning Out Crime in Northamptonshire Feb 2004

Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008Design SPD March 2009

Development Control Committee 100 of 100 Date printed 9 November 2011

611 Resubmission of the petition with 501 signatories opposing the previous application (EN1001481FUL) on the following grounds

ldquoWe the residents are fighting against having another Fish and ChipChinese takeaway in your area which is 5 minutes walk away in High Street Higham Ferrers We already have 21 Takeaways in Rushden and 6 in Higham Ferrers excluding Pubs and clubs also another 3 are planned The odours smells noise increased traffic and anti social behaviour will be a real problem from this businessrdquo

612 30 individual objectors most of whom are included in the petition Each objected for a variety of reasons and the numbers objecting for each reason are detailed below

bull Increase in litter ndash 21 objections bull Anti Social Behaviour ndash 21 objections bull Need for a further takeaway facility ndash 17 objections bull Highway safety ndash 19 objections bull Parking problems ndash 19 objections bull Cooking odour ndash 22 objections bull Attraction of vermin ndash 5 objections bull Noise ndash 17 objections bull Development unsuitable for a residential area ndash 12 objections bull Contrary to policy ndash 2 objections bull Contrary to the Local Area Agreement 1 objection bull Health of schoolchildren and public in general ndash 14 objections bull Localism - 1 objection bull Inconsistencies in application form ndash 1 objection bull Property is at risk of subsidence ndash 1 objection bull Increased fire risk - 1 objection bull Safety of public due to reduced street lighting - 2 objections bull No economic benefit - 2 objections bull Loss of property values - 2 objections bull Why has a further application been allowed - 11 objections bull Trees on site - 1 objection

613 In addition to the copy of the petition submitted against the previous application the following copy documents from the residents appeal statement were received

bull Survey of takeaways cafes pubs and clubs in Rushden and Higham Ferrers bull Letter from NHS Primary Care Trust dated 28 September 2010 regarding the

Northamptonshire Healthy Weight Healthy Lives Strategy and its specific focus on children and young people to combat obesity

bull Appeal Statement dated March 2011 bull Details of R(on the application of Copeland) v Tower Hamlets London Borough Council

judicial review whereby the grant of planning permission for a hot food takeaway within close proximity to a school was quashed

bull Traffic survey taken between 8am and 8pm on Tuesday 8 February 2011 bull Letter from the Ferrers Specialist Arts College dated 2 September 2010 supporting the

residents objection to the proposal bull Ferrers Specialist Arts College Years 11 12 and 13 questionnaire results regarding hot

food takeaway usage

614 Other copy documents were submitted as follows

bull Northamptonshire Police appeal for witnesses to criminal damage to a wall in Higham Road on 13082011

bull Press release regarding Barking and Dagenham Councils success in winning an appeal against Dominos Pizza for a takeaway near a primary school

Development Control Committee 4 of 100 Date printed 9 November 2011

615 One objection giving a detailed analysis of the Inspectors decision requesting that Members not limit their decision to the Inspectors conclusions alone as any subsequent appeal would be considered entirely on its own merits and all evidence reconsidered

62 Rushden Town Council ndash Objection as the Members considered that the proposed change of use would cause an increase in traffic movements noise possible cooking smell and litter nuisance to residents within the area

Members felt that the estimated 50-100 preparations per day was unrealistic and that the proposed ventilation system would not be adequate to eliminate cooking smells from a residential area The Inspectors conclusions of 7 June 2011 remain relevant

63 Northamptonshire Police Crime Prevention Design Advisor ndash No formal objection but recommended that a condition be attached to any approval requiring provision and installation of public litter bins and that the proprietor must take some liability to clear any associated litter in the immediate vicinity Reminded the Council of the need to consider crime and disorder issues on all planning applications as described in PPS1 and Section 17 of the Crime and Disorder Act

64 Local Highway Authority ndash No objection in principle to the proposal The Highways Authority has provided detailed comments on the concerns of residents as regards parking and highway safety These matters are addressed at paragraph 74 Highway Impact Should approval be granted they recommend that the following condition should be imposed

ldquo Notwithstanding the submitted details prior to the commencement of development the following street furniture details shall be submitted to and approved in writing by the local planning authority-

bull The supply and installation of appropriate measures to prevent vehicle access and use whilst maintaining the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safetyrdquo

65 Environmental Protection ndash Initial objection as there was no update to the previous noise assessment An addendum to the previous assessment was deemed to be acceptable and was submitted on 10 October 2011 The addendum showed that there would be no adverse impact on nearby residents and therefore the objection was withdrawn

No objection on the grounds of noise nuisance providing conditions are placed on the planning permission to ensure the equipment stated in section 21 of the acoustic report is used

66 Environmental Health (Commercial) ndash No objection to the revised odour control measures Providing the system is installed according to the manufacturers specification and is regularly and properly maintained this should not give rise to a statutory nuisance by way of odour However the officer cannot state categorically that there will be a total absence of odour and therefore cannot comment upon the loss of amenity of the residents

67 Site notice posted

7 Evaluation

71 The following issues are relevant to the determination of this application

Development Control Committee 5 of 100 Date printed 9 November 2011

72 Principle of development

721 Both National and Local planning policy give priority to the use of previously developed land and buildings as is the case with this site

722 The site previously contained an A1 use however as the site is not within a primary shopping frontage there is no objection to the loss of this retail unit

723 The site however lies within what is predominantly a residential area and whilst PPS4 requires planning authorities to adopt a positive and constructive approach towards planning applications for economic development in determining whether the principle of development would be acceptable consideration needs to be given to the impact that the development would have on this residential area and how this differs from the existing A1 use

724 The statement issued by The Minister of State for Decentralisation on 23 March 2011 followed the commitment made by the Chancellor of the Exchequer in the Budget to publish an ambitious set of proposals to help rebuild Britains economy It was identified that the planning system had a key role in ensuring that sustainable development to support economic growth

725 The Ministerial Statement included an obligation for local planning authorities to ensure that they give appropriate weight to the need to support economic recovery and that applications that secure sustainable growth are treated favourably (consistent with policy PPS4) and that they can give clear reasons for their decisions

726 Policy 13 of the North Northamptonshire Core Spatial Strategy builds on these objectives to meet needs while protecting assets and the recommendation for refusal in this case is based on the core values of this policy

727 It is considered that the Ministerial Statement although having relevance to the application will not change the weight given to other material considerations relevant to this application

73 Visual impact

731 The proposed external changes to the building are the removal of the existing access door the provision of a new access door to the north elevation in Prospect Avenue the provision of an access ramp and the installation of a black painted external steel flue located adjacent to and to the same height as an existing chimney stack It is considered that the proposal would not result in a detrimental impact on the character and appearance of the street scene or the surrounding area

732 Should Members be minded to approve the application a condition could be imposed in relation to the appearance and the installation of the external ducting

74 Neighbouring Amenity

741 Unlike a retail use takeaways unless they are carefully controlled can result in noise and odour problems

742 Environmental Protection (Residential) have offered no objection The acoustic report submitted as part of the application demonstrates that the proposed development is unlikely to have any adverse impact on nearby residential premises They recommend that a condition is placed on the planning permission requiring that the extraction system referred to in paragraph 21 of the acoustic report is installed

Development Control Committee 6 of 100 Date printed 9 November 2011

743 Environmental Protection (Commercial) have offered no objection as regards odour providing that the electrostatic precipitator which would control odour levels is installed correctly and maintained in a manner recommended by the manufacturer

744 However when dismissing the appeal against the previous refusal the Inspector noted (paragraph 8) that Annex 1 of Planning Policy Statement 23 Planning and Pollution Control says statutory nuisance is not intended to secure a high level of amenity and nuisance does not equate to a loss of amenity Rather a significant loss of amenity will often occur even with a highly effective system The Inspector considered that the views of the EHO in relation to odour did not necessarily indicate that harm to the amenity of residents would not result from the proposal but was satisfied that any noise from inside the building or from the ventilation system would have no adverse affect

745 The Inspector was also of the opinion (paragraph 7) that given the close relationship of the site to the surrounding dwellings the nature of the food to be cooked and the character of the area that no condition attached to a grant of planning permission would ensure that a suitable ventilation system could be agreed

746 In view of the previous appeal decision the Inspectors comments and those of the EHO that they are unable to state categorically that there will be a total absence of odour the proposal has strong potential to detract unreasonably from the living conditions of the neighbouring residents by virtue of odours arising from the cooking process and therefore conflicts with Policy 13 of the North Northamptonshire Core Spatial Strategy

75 Highway Impact

751 The Local Highway Authority has no objection to the application as in its opinion the proposed takeaway would not significantly attract any more traffic flow than the existing A1 use

752 A large percentage of objections to the proposal refer to problems with on street parking in Prospect Avenue and the dangerous junction with Higham Road due to limited visibility and irresponsible parking

753 The Local Highway Authority has provided a detailed response on the highway safety and parking issues raised by local residents In summary the response states that the width of both Prospect Avenue and Higham Road allow some form of on-street parking although this is restricted by junctions and driveways To allow an emergency vehicle or bus to pass through easily would mean that cars could not be parked directly opposite each other Considerate parking to allow the safe movement of all road users is a requirement of the ldquoHighway Coderdquo

754 The original response was based on the opinion that both Prospect Avenue and Higham Road had a nominal width of 73 metres When this statement was challenged the Local Highway Authority accepted that Prospect Avenue had a width of 69 metres and the width of Higham Road varied No figures were given for this variation They therefore concluded that the roads did have a nominal width of 73 metres and made no change to the opinion that the highway authority had no objection to the proposal

755 The Highway Authority advise that consideration could be given in the future to imposing a ldquoTraffic Regulation Orderrdquo at the junction of Prospect Avenue and Higham Road This would allow the provision of double yellow lines which could then be subject to enforcement action by the appropriate authority This would already apply to the bus stops on either side of Higham Road

Development Control Committee 7 of 100 Date printed 9 November 2011

756 The Local Highway Authority has also provided figures relating to accidents classified as serious within the Department for Transport definition These figures were taken from statistics from 2001 to 2007 while the premises concerned was still operating as a shop and before the opening of the Rushden and Higham bypass The figures show two serious accidents within 100 metres of the junction and two more slightly outside the 100 metre radius

757 Since 21 September 2010 there have been no injury collisions recorded at or near to the junction of Higham Road and Prospect Avenue and only two damage only collisions For this reason the Local Highway Authority believes there is no reason for concern over the junctionrsquos history with regard to the application under consideration

758 The Local Highway Authority does however have concerns that inconsiderate drivers may park on the footway fronting the development site and should the application be approved has suggested the following condition ldquoNotwithstanding the submitted details prior to the commencement of the development the following details shall be submitted to and approved in writing by the local planning authority-

bull Measures to provide appropriate street furniture to prevent vehicle use whilst maintain the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safety

759 Although the Local Highways Authority has no objection to the application subject to condition they advise that the Local Planning Authority has to satisfy itself that there would be sufficient on-street parking to sustain the development

7510A large number of representations have highlighted the parking issues in Prospect Avenue particularly at the junction with Higham Road and the impact parking has on the free flow of traffic in and out of the Avenue This was particularly true when the previous retail unit was still open

7511Although the visibility splays on exiting Prospect Avenue into Higham Road are acceptable the Local Highways Authority do not consider the visibility on turning off the main road Located within the pavement on both sides of Prospect Avenue and near to the junction are two large trees the trunks of which do limit visibility along Prospect Avenue as you turn in Any vehicles parked close to the junction would cause vehicles entering or leaving the Avenue to drive in the middle of the road This fact along with the reduced visibility on entering Prospect Avenue is a cause for concern

7512There is a clear conflict of interest with a proposed facility that would inherently attract a level of private car travel to a site in a residential area that relies heavily on on-street parking The nature of a hot food takeaway requires that food is taken away to be eaten while still hot and despite what the Highway Authority says your officers view is that it is likely that the level of private car travel will be higher than for the previous retail use

7513Whilst accepting that the proposed use is likely to have some adverse impact on the highway network such impact would not warrant a refusal on the grounds of highway safety due to the remedial measures suggested by the Local Highway Authority

Development Control Committee 8 of 100 Date printed 9 November 2011

7514Highway safety was one of the reasons for refusal on the previous application The Inspector concluded that due to opportunities to park nearby the proposal would not have a material effect on highway safety when compared with the existing use as a shop and that the proposal would not conflict with Policy 13 of the Core Strategy Costs were not awarded against the Council on this reason for refusal as the Inspector believed the Council had not been unreasonable in its position However it would be unreasonable behaviour if the Council continued to argue that the proposal would impact on highway safety

76 Litter and Other Environmental Impact

761 Increased litter is a major concern of objectors along with the vermin which it may attract

762 Litter bins and recycling bins are to be made available on site although full details are not provided Provision of details could be controlled by condition if Members were minded to grant permission

763 The applicant states that there will be no trade effluents or waste As the proposal is for a fish and chip shop it would seem natural that there will be food waste including the parts of the fish which are not used if the fish are prepared on the premises and used cooking oil Should Members be minded to approve the application these are matters which could be controlled by condition

77 Crime and Disorder

771 Many local residents have raised concerns that the takeaway would result in crime and disorder issues Northamptonshire Police have advised that they have no evidence to suggest that the change of use will increase occurrences of anti-social behaviour in the area and that they have no formal objection to the application They recommend the addition of a condition requiring that the proprietor of the premise fund the installation of appropriately placed public litter bins and take liability to clear any associated litter lying around in the immediate vicinity

772 As Northamptonshire Police have raised no objection to the proposal and would be the authority responsible should issues arise it is considered that the application would be difficult to refuse on grounds of crime and disorder Northamptonshire Police have also been consulted by Northamptonshire County Council regarding the switching off of the adjacent street lighting

773 In the determination of the previous application one reason for refusal agreed by Members was the likelihood of an increase in and the fear of crime and disorder In his appeal decision the Inspector stated that there was no evidential basis to show an expected increase in crime and disorder in connection with the change of use and that the fear of crime did not demonstrate a conflict with Policy 13 if the Core Strategy Costs were awarded against the Council as significant weight had been placed on the concerns of the public rather than valid planning reasons (paragraph 5)

78 Proximity to local schools

781 Many local residents have raised concerns about the possibility of a takeaway being opened at a site which lies between the two local secondary schools and on a route that schoolchildren will take Their concerns are that pupils from both the Ferrers Specialist Arts College and the Rushden Community College will have easy access to unhealthy food

Development Control Committee 9 of 100 Date printed 9 November 2011

782 In June 2010 the High Court quashed a decision taken on an application for a takeaway close to a school [ R (on the application of Copeland) v Tower Hamlets London Borough Council] The facts of the case were that Tower Hamlets had approved an application for a hot food takeaway within 500 yards (457 metres) of the entrance to a local school The Judge ruled that the Councillors had been wrongly informed that they could not take the proximity of the school into account as a material consideration The Judges view was that the healthy eating policy of the school should have been considered by the Council

783 The case does not mean that applications for takeaways close to schools should automatically be refused What it made clear however is that the proximity of a takeaway to a school is a material consideration Members need to consider the weight to apply to this consideration

784 One further reason for refusal of the previous application was that it was contrary to Policy 13 of the Core Strategy which states that development should be designed to promote healthier lifestyles The Inspector concluded that although the proximity to the school and the health of pupils was a material consideration the numbers of pupils taking advantage of the proposal would not be significant as to warrant refusal Costs were awarded against the Council as to carry significant weight such concerns should be founded on valid planning reasons supported by substantial evidence It was the Inspectors opinion that such evidence had not been forthcoming (paragraph 5)

785 As alternative existing takeaways with similar or longer opening hours are available locally overall it is considered that the proximity to the school and the health of the public would not warrant a refusal of planning permission

79 Public Opposition

791 Public opposition can be a material consideration even if it is found to be unjustified It remains a matter for the decision maker to asses the weight to be applied Fears and concerns by members of the public may constitute a material consideration if they relate to a matter which in itself is material or they are objectively justified However where public concern is baseless such concern should not influence any decision to an unreasonable degree

792 The public opposition in the case includes concerns about all of the material considerations above principle of development visual impact neighbouring amenity highway impact litter and environmental impact crime and disorder and proximity to local schools The public opposition is therefore itself a material consideration However for reasons set out in this report officers views are that these concerns would not warrant a refusal of planning permission

8 Other issues

81 Access for the Disabled ndash The proposal incorporates a ramped access to the serving area Therefore this application does not raise any significant issues which cannot be controlled through Building Regulations

82 The Local Area Agreement (LAA) is not an adopted Development Plan Document (DPD) Northamptonshires LAA forms part of the action plan for delivering the Sustainable Communities Strategy priorities One such priority is to help residents to make choices that improve their health and wellbeing However the LAA forms only part of the Community Strategy priorities and lies outside the area of wider planning policy The Northamptonshire NHS Healthy Weight Healthy Lives Strategy 2010-2014 and the Schools Healthy Eating Policies have already been taken into account when considering the proximity of the takeaway to the local schools and it is the officers view that the LAA would not add any further weight to warrant a refusal

Development Control Committee 10 of 100 Date printed 9 November 2011

83 The need for this type of business is not in itself a material consideration There is no adopted Development Plan Policy which seeks to limit the number of takeaways in this particular area

84 The issue of subsidence at the site is not a material planning consideration

85 Fire safety precautions would be subject to Building Regulations

86 Localism It is the clear intention of the government to reform the planning system to give local people more influence over their lives However the Localism Bill is still working its way through Parliament and may be subject to change before it becomes law and should be given limited weight

87 Repeat applications The criteria for acceptance of planning applications for similar development at a specific site are provided in Part 4 of the Planning and Compulsory Purchase Act 2004 Guidance is given in ODPM Circular 082005 Powers to decline to determine an application extend only to two refusals by the local planning authority within the last two years The Circular also states that if an application has been revised in a genuine attempt to take account of objections to an earlier proposal then it should be determined The current application has been submitted taking into account the Inspectors reason for refusal

9 Recommendation

91 That the application be REFUSED for the following reason

10 ConditionsReasons -

1 The proposed development due to the close relationship of the site to the surrounding dwellings by reasons of smell and odour would give rise to a significant loss of amenity for neighbouring dwellings The application is therefore considered to be contrary to Policy 13 (l) of the North Northamptonshire Core Spatial Strategy which states that development should not result in an unacceptable impact on the amenities of neighbouring properties and the wider area by reason of noise vibration smell light or other pollution loss of light or overlooking

Informatives

1 The drawings to which this decision relates are as follows Drawing nos 1 and A100 received by the Local Planning Authority on 18 July 2011

Development Control Committee 11 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 28 October 2011

Case Officer Samantha Hammonds EN1100700OUT

Date received Date valid 9 May 2011 15 June 2011

Windmill Raunds

Overall Expiry Ward Parish 14 September 2011 Raunds

Applicant Roxhil Warth Ltd And Robert How - Mr M Eckershall

Agent Mr David Shaw

Location Phase 2 Warth Park Way Raunds Northamptonshire

Proposal Outline Demolition of existing buildings development of employment park including A345 B1b and c B8 C1 Di and D2 uses together with access parking areas and open space (all matters reserved except for access)

1 Summary of recommendation

11 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

2 The proposal

21 This is an outline application for development of an employment park including A345 B1b and c B8 C1 D1 and D2 uses together with access parking areas and open space to make way for the proposed development the existing Scalley Farm would be demolished Only access is up for consideration at this stage all other matters are reserved for later consideration

22 Indicative plans have been submitted that show how the site could be developed These plans show a cluster of leisure uses including a hotel health and fitness unit two family pubs a family restaurant and a creche forming a gateway to the development and to Raunds itself by reason of their position on the northern corner of the site adjacent to the A45 roundabout and opposite the football club West of this leisure gateway would be a cluster of small B1b and c business units which could be for research and development laboratories or light industry and these would be situated immediately north of the existing Wiseman Dairies building A new estate road would run between the business and leisure clusters leading in an arc to three large B8 warehouse units and their associated parking Beyond these in the western corner and north western edge of the site would be an area of landscaped public open space and sustainable urban drainage systems A public footpath and cycleway would meander through the public open space joining up with the end of the Meadow Lane bridleway

23 The indicative breakdown of uses that has been put forward in the application (Transport Assessment and Sequential Impact Assessment) is as follows

Development Control Committee 12 of 100 Date printed 9 November 2011

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

24 The following reports and information accompanied the application bull Environmental Statement bull Design amp Access Statement bull Sustainability Statement bull Transport Assessment bull Framework Travel Plan bull PPS4 Sequential and Impact Statement bull Outline Waste Management Plan bull Ground Investigation Reports bull Statement of Community Involvement bull Flood Risk Assessment

25 During the course of the applications revisions were made to the masterplan road layout Flood Risk Assessment the Travel Plan the Archaeological Investigation Ecological Surveys Sequential and Impact Assessment and additional photomontages were produced A full re-consultation on these amendments was initiated on 29 September 2011

26 As the proposal is for a major out of centre development and includes leisure uses the application will need to be referred to the Secretary of State before permission can be granted

3 Site and Surroundings

31 The site is situated to the north west of the settlement of Raunds and is currently agricultural land occupied by a farmstead known as Scalley Farm The site forms a large triangle of land to the north and west of the existing Warth Park development bound to the south by Meadow Lane to the north west by the A45 and to the east by London Road Open countryside surrounds the site in all directions except to the east where the site abuts the built edge of Raunds and its associated mix of employment leisure and residential uses

32 The site is effectively a valley slope with its south eastern end situated on a ridge before sloping down towards the north west and the A45 Beyond the site boundary and the A45 the valley continues to slope downwards towards Stanwick Lakes and the River Nene

33 The Upper Nene Valley Gravel Pits Site of Special Scientific Interest (SSSI) and the Special Protection Area (SPA) is situated some 200m to the north east of the site on the opposite side of the A45 This area also accommodates two former medieval settlements which are historic monuments of special archaeological interest

34 Whilst part of the application site is situated in the parish of Ringstead the village of Ringstead is some distance away from the proposal

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development

PPS4 ndash Planning for Sustainable Economic Growth (and Practice Guide) PPS7 ndash Sustainable development in rural areas

Development Control Committee 13 of 100 Date printed 9 November 2011

PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

PPS22 ndash Renewable Energy PPG24 ndash Planning and Noise

PPS25 ndash Development and Flood Risk

42 Regional Spatial Strategy for the East Midlands (RSS8) Policy 1 - Regional Core Objectives Policy 2 - Promoting Better Design Policy 11 - Development in the Southern Sub-Area Policy 18 - Regional Priorities for the Economy Policy 20 - Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 22 - Regional Priorities for Town Centres and Retail Development

43 East Northamptonshire Local Plan 1996 Saved Policy GEN3 ndash Planning Obligations

44 North Northamptonshire Core Spatial Strategy Policy 1- Strengthening the Network of Settlements Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution amp Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

45 Supplementary Planning Guidance Planning out crime Parking Sustainable Design Biodiversity

46 Other documents HM Treasury Plan for Growth (March 2011)

Draft National Planning Policy Framework (July 2011) East Northamptonshire Employment Land Review (ELR) December 2006 Northamptonshire Strategic Employment Land Assessment (SELA) November 2009

Raunds Masterplan Raunds Area Preferred Options

5 Relevant Planning History

51 0200025FUL - Use for B1 business B2 industrial and B8 warehousedistribution Permitted March 2003

52 0300564OUT - Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted

53 0600904RWL - Renewal of 0300564OUT Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted July 2006

54 0701304REM - Approval of reserved matters for a single industrial warehouse building Permitted September 2007

55 The above consents in as far as they relate to the application site have expired and can no longer be implemented

6 Consultations and Representations

61 Responses from residents and neighbours

Development Control Committee 14 of 100 Date printed 9 November 2011

611 10 objections were received from local residents of Raunds and Stanwick

LANDSCAPE AND VISUAL bull Worried about loss of countryside bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Impact on visual amenity of the district It will be seen for miles around including views

to and from Stanwick Lakes This sort of development should be out of view not on the skyline

bull More landscaping is needed to hide the big sheds along the Meadow Lane boundary bull More attention is needed to bunding screening and landscaping using mature trees bull Can we insist on darker cladding like the GEM building at the entrance to Warth Park

as this greatly reduces the visual impact a short distance away bull Photomontages are misleading as they are taken from a long distance bull To extend the existing Warth Park development as proposed would be a mistake as it

would be a blot on the landscape bull Views from Stanwick Ringstead and Addingtons would be destroyed bull More consideration is needed of the view from Stanwick Lakes which is an area of

natural beauty and a top tourist attraction bull Industrial units ruin the first impression of Raunds gateway Raunds is a picturesque

rural town not an industrial estate bull No architectural merit of appeal bull How will the gateway look as you approach the site from within Raunds This is more

important to local people than the long-distance views bull Height of the proposed units is out of scale to the existing development bull Layout increases the visual impact and simply serves to cram as much in as possible

around the site constraints

TRAFFIC bull Increase in lorry traffic on the single carriageway A45 between Stanwick and Thrapston bull Too many lorries going in and out causing congestion bull Lorries use London Road as a short cut even though they are not supposed to

London Road is too small to cope with existing lorries The additional traffic will worsen the situation particularly if 24 hours

bull Existing hazard created by heavy lorries accessing the sewage works via a narrow bridleway More sewage will mean more traffic hazard

bull More traffic on the A45 will mean increased delays where the A45 changes from dual to single carriageway making it more likely that vehicles will seek shortcuts through Stanwick particularly during the construction phase

bull Developments of this magnitude should be on duelled roads (ie Thrapston Wellingborough)

bull Existing London Road roundabout is not suitable or of adequate size to handle HGVs bull Existing operators on Warth Park phase 1 wish to be assured that there will be no

restrictions on their vehicle movements during construction and that there will be no access to the B1C units from the Robert Wiseman access

NOISE bull 69 London Rd 17 Gardner Close 33 Crispin Way 38 Keston Way bull Have to close our windows at night due to the noise of lorries engines shunting

loading reversing sirens air conditioning fans shouting etc bull Noise during the day disturbs shift workers sleep bull More thought needs to be put into the effect of noise pollution in the local area bull Too close to a residential area to have 24 hour operation bull Additional 24 hour warehouse units will increase both the volume and frequency of the

existing disturbance bull Existing noise bunds along London Road are inadequate The height and planting of

these should be looked at bull Noise should be monitored

Development Control Committee 15 of 100 Date printed 9 November 2011

bull Could we prevent the use of reversing sirens and fansair conditioning at night bull Noise evaluation taken on a quiet day at a quiet time of year bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Anticipate huge increase in traffic noise

RESIDENTIAL AMENTIY bull Light pollution during the winter months - existing security lighting is intrusive to our

homes Further development will only increase this bull Existing lights dazzle as far away as Stanwick bull Lighting needs to be upward and not positioned so it reflects off buildings bull CCTV cameras that are operator controlled could zoom in on bedrooms at the rear of

our properties

PRINCIPLE NEED bull Is it really necessary The last development took ages to become occupied and these

have not provided the level of employment that was anticipated bull Concerns about Northamptonshire becoming a low skilled work area full of

warehouses bull Too much emphasis on low skilled part-time temporary work bull Workforce will come from surrounding conurbations not Raunds bull Environmental impact of hauling goods around on the roads to store in sheds bull Adverse impact on tourism if visitors to the area only see big sheds bull Serves the needs of the developers more than the local community bull Excessive scale of development bull This area should not proceed as this area was not even discussed for significant

extension at the latest consultation bull Will take trade away from the existing town shops rather than bring in new business bull Not all the plots on the first development were taken until the rent was dramatically

reduced putting more pressure for them to be dropped even lower now therersquos more

BOUNDARY bull Outside the boundary of Raunds it overlaps with adjacent villages

SUSTAINABILITY bull Suggest solar power for the roofs bull Renewable elements should be included bull A post construction BREEAM assessment should be carried out

FLOODING bull Building up contours to create balancing ponds will increase winter flooding of the A45

underpass bull Meadow Lane is already badly affected by winter runoff Further development will

exacerbate the problem

WILDLIFE bull No mention of red kites which are moving to the Stanwick area and use the site as their

hunting ground bull No consideration of the impact on fish in local streams bull No consideration of wildlife impact of turning rough ground into a manicured park

LOCAL INFRASTRUCTURE bull If the development goes ahead need to consider what provision is being made for the

community Will they provide space and land for social community buildings

CRITICISMS OF SUBMISSION PROCESS bull questionnaires worded with bias so that all answers have been misconstrued to favour

the application and not represent personal views bull The exhibition seemed to show a different proposal

Development Control Committee 16 of 100 Date printed 9 November 2011

bull submission contains misleading and inaccurate information (for example by saying the site is not visible from a public road or bridleway no rights of way are affected no SSSIs and SPAs are affected etc)

bull Visual effects table is unsubstantiated Challenge conclusions bull Too much detail to be studied by the public Something of this nature needs a far wider

briefing for the public and an opportunity for them to talk with people who can explain the intricacies of the proposal A public meeting should be held in the evening so that everyone can attend The public need fuller facts before this can be decided

612 Two letters of support were received and some other positive comments were made by the above objectors as outlined below

bull Bringing 1500 jobs to the area bull Local employment opportunities bull I am all for this development it looks similar to Grange Park with its mix of distribution

centres and commercial units bull Welcome a more inviting gateway to Raunds as it is too industrial at present bull Welcome the SUDS plan for surface water from the site within the parkland and

landscaping bull The open space will provide a good link to Stanwick Lakes bull Small enterprises would lead to greater opportunity for long term high skill employment

training and apprenticeships bull Highway works to each side of the road outside the football club will improve the

entrance to Raunds

62 Town Parish Councils

621 Raunds Town Council - no objections but comment as follows - retail element should not be lost by a future change of plan - full archaeological survey should be carried out - external colour scheme for buildings should blend in with natural surroundings - screening scheme of tree barriers to reduce noise and visual impact should be maintained and enhanced if possible - seek clarification of the arrangements for dealing with surface water run-off and water supply provision

622 Ringstead Parish Council - comments - Broadly supports the principle of development that provides local employment and notes that the bulk of the employment will be in the parish of Ringstead - Access enhancements are only proposed for Raunds so young people from Ringstead would not have adequate access to the new employment opportunities - The A45 has recently been surveyed as being at 100 capacity rising to 141 at peak times so it would struggle to cope with the additional traffic from this development - Question the need for the amenity area given that there are already two hotels two themed public houses and at least five food outlets on the stretch of A45 between Thrapston and Wilby

623 Stanwick Parish Council ndash initial comment confirmed no objection but requested - larger trees around the building - the building to be a different colour colour scheme to be approved - a full archaeological survey - details of water supply and surface water drainage - concerned about the amount of accidents on the A45 - avoid disturbance to nearby badger sett

Development Control Committee 17 of 100 Date printed 9 November 2011

Subsequent comments following the submission of additional photomontages indicate Stanwick Parish Council feel that the development would have an impact on Stanwick particularly visually and in respect of lighting Request

lighting scheme to be set up correctly from the outset bunding and planting for screening should be sufficient to provide immediate

mitigation rather than taking a number of years to develop

624 Great Addington Parish Council - no objection but feel the development will have an adverse impact on the surrounding area because of increased traffic congestion and light pollution A condition should be used to ensure that all lighting at the site is compliant with section 102 of the Clean Neighbourhoods and Environment Act 2005

63 Other consultation responses

631 Northants Bat Group ndash no objections

632 North Northants Badger Group ndash no objections

633 NCC contributions ndash request 26 fire hydrants and a financial contribution of pound191400 towards fire and rescue (or a sprinkler system throughout the development)

634 The Ramblers Association ndash object Details regarding footpath UG39 are inadequate The parameters plan shows a diversion of UG39 to the north into the public open space to eventually join Meadow Lane at the south west corner of the site The Ramblers Association feel that any diversion of UG39 should turn south behind the existing Warth Park development (between the existing and proposed warehouse units) to join Meadow Lane to improve access to the site from Meadow Lane Whilst we have no objections to an additional path to the north of the site and then along the landscaped corridor to join Meadow Lane at the south west corner of the site we want UG39 to be diverted south along the east boundary of the site where it would link with Marsh Lane On such a large site it should be possible to locate the units so that UG39 is not affected

635 Northamptonshire Police ndash no objection More discussion is needed in respect of lighting CCTV physical security of buildings pedestrian and cycle links boundary treatments and layout of public use buildings and areas (Note these are all issues that would be considered in detail at reserved matters stage

636 Campaign For Dark Skies ndash Given that the existing Warth Park development causes a significant amount of energy waste light pollution due to poorly designed or angled lighting apparatus strict planning conditions should be used in relation to every new light used especially in the flood lighting of the warehouses Campaign for Dark Skies would wish to be involved in considering such details (Note this is an issue that would be considered in detail at reserved matters stage)

637 NCC Archaeology ndash Request a condition to secure an archaeological programme of works (June 2011)

638 English Heritage - do not wish to comment in detail but urge ENC to give detailed consideration of possible remains given the proximity of deserted Saxon settlements as advised by the County Archaeological Advisor

639 NCC Highways - Although a revised written response in relation to the latest TA revision is yet to be received discussions suggest that the main issues are now overcome Revised formal comments will be reported in the update Travel Plan - a condition requiring a detailed Travel Plan which shall include the management arrangements for future occupiers of the units and the delivery mechanisms

Development Control Committee 18 of 100 Date printed 9 November 2011

Contributions - bus services the county councils initial request for pound15000pa for five years has been reduced to a request for pound15000pa for only three years together with a pound5000 contribution towards the provision of a bus shelter within the Warth Park site This reduction is based on the circumstances of this site proposal in particular that a training contribution and other calls on land value not being required of other

schemes the fact that other developments may well be contributing and that demands and revenue from this site and other schemes can be expected to

cover an increasing portion of costs Meadow Lane improvements a financial contribution of pound60000 towards

improvement works throughout Meadow Lane (with any money not being spent on these works within five years of the first operational use of the development site being returned to the developer)

6310 Highways Agency - Initial issues with the Transport Assessment have been resolved

following the submission of additional information and the initial holding objection has now been lifted The HA are content that the issues raised by the Road Safety Audit can be resolved during the detailed design Direct that conditions be attached to any planning permission (1) to secure the necessary off site highway improvement works and (2) to require a Non Motorised Users Audit to be carried out and its recommendations implemented In relation to the Travel Plan the initial shortcomings with the Framework Travel Plan have now been addressed

6311 Natural England -

Designated sites - satisfied with the conclusions of the ES and consider that the proposals are unlikely to have a significant effect on the SPASSSI Landscape - no implications for any statutorily designated landscapes Biodiversity - Broadly agree with the assessment but feel that a minor negative impact may remain at local level for the breeding skylark grey partridge and linnet The numbers affected are small but there is still a need to ensure that habitat enhancement opportunities within the retained open spaces are maximised Soils - it is not clear if the agricultural land (referred to as grade 3) is of the best and most versatile quality If approved the soil resources should be used sustainable particularly the topsoil An appropriately experienced soil specialist should be instructed to oversee this Enhancements - Strongly recommend that the plans for green infrastructure and landscaping be secured by a condition planning obligation requiring a Landscape Management Plan and the delivery of such a plan not forgetting proposals for on-going management of public open space in the long term

6312 Wildlife Trust - The ecology work contained within the ES is acceptable in terms of its

scope content and findings We would recommend that the ecologists own recommendations within section 116 of chapter 11 regarding the retention protection enhancement and future mitigation measures be required by condition Further bat and bird survey work required (July 2011) has now been carried out and is acceptable

6313 Environment Agency - withdraws its initial objections in relation to flood risk and

environmental infrastructure Flood Risk - the additional information supplied demonstrates that surface water from the site can be managed and accommodated onsite if restricted to the Qbar rate The EA therefore withdraws its objection in relation to flood risk subject to a condition ENC need to be satisfied that the proposed development is in accordance with PPS25 - have not taken account to risk of flooding from ground water drainage systems reservoirs canals or ordinary watercourses

Development Control Committee 19 of 100 Date printed 9 November 2011

Environmental Infrastructure - the additional information supplied confirms that there is sufficient environmental infrastructure capacity to serve the proposed development The EA therefore withdraws its objection in relation to this matter Groundwater and contaminated land - based on the submitted information we consider the site to pose a negligible risk to controlled waters however we request a condition relating to the remediation of unidentified contamination Section 106 matters - the ongoing maintenance of the surface water drainage system together with operation and contingency arrangements can be secured through the section 106

6314 Kettering Borough Council - no objection as unlikely to have a significant impact on the

Borough of Kettering

6315 ENC Planning Policy - Overall the scheme represents a major opportunity to deliver

significant new employment development at Raunds for which the CSS evidence base identifies a need Despite some concerns about the quality of the submitted PPS4 sequential and impact statement no planning policy objections are raised in principle to the proposed Phase 2 Warth Park development

6316 ENC Environmental Services (contamination) - No objection The work undertaken in

respect of ground investigation is of a very high standard Levels of contamination found on the undeveloped part of the site do not pose a significant risk to end users of the site The Scalley Farm buildings had however not been surveyed Subject to conditions being imposed that cover the area of the Scalley Farm buildings requiring investigation and remediation is carried out as necessary there is no objection to the development

6317 ENC Environmental Services (noise) - No objection The noise survey was carried out

in accordance with a brief supplied by ENC Environmental Services Conditions should be used (1) to ensure the recommendations within section 878 (p73) of the summary section of the noise assessment are implemented and (2) that works which cause noise audible at the site boundary are not carried out outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays Environmental Services ask that they be consulted in relation to details of piling activity on the site and in determining the detailed layout of the site at reserved matters stage Given that the plans would see the removal of the bunding adjacent to London Road (alongside the gateway part of the development) the applicant has clarified that this section of bunding was included in the noise model for the existing scenario but removed from the model for the noise predictions with the development in the year of opening The bund is only 1m high and would not have had a significant effect on noise levels at the nearest residential properties The Environmental Services officer is therefore satisfied that the noise assessment is robust in respect of that bund and that its removal will not adversely impact on nearby residential properties There is no requirement for any bunding or other mitigation at the southern boundary of the site as there are currently no receptors at this location that will be affected Therefore it would not be reasonable of this authority to request bunding or any other form of mitigation on the southern boundary at this time In respect to objections about current activities at Warth Park the Environmental Services officer has made the following comments The noise assessment provided is firm in its conclusions that the addition of this development will not adversely impact on the residents The current guidelines relating to noise from this type of development have been met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels Therefore I have no reason to

Development Control Committee 20 of 100 Date printed 9 November 2011

object to this development on the grounds of noise Obviously these mitigation measures have been specified as a condition to ensure that they are included in the development and prior to first use

6318 ENC Environmental Services (lighting and air quality) -

Lighting - suitable conditions are required to ensure that the appropriate information on lighting for the site is provided at reserved matters noting that any lighting scheme should be designed to use the minimum necessary lighting Air Quality - no objections A method statement for the construction phase should be required as a pre-commencement condition of the development

6319 ENC Environmental Services (commercial health) - need to ensure safe access and

egress of vehicles and pedestrians using units at the site

6320 ENC Conservation Officer - concerned that landscaping has not been sufficiently

considered - no justification of how the proposed landscape structure was conceived so it is difficult to assess whether the proposed landscape types are appropriate for this site - no details of phasing for the highlighted features such as woodland planting and formal planting so it is difficult to assess the suitability of this alongside the proposed structural planting - need the landscaping to reflect a broader design for the whole site so that the bulk of the planting for each plot is put in place as part of the structure planting (open spaces street planting) Otherwise the creation of individual planting around the smaller plots may lead to fragmentation of the design - development will be visible in the landscape even with the addition of new planting to partially obscure future views Whilst the existing development is already visually prominent the proposed units appear even more prominent interrupting the horizon line and not sitting well with their surroundings The drop in land to the south and west contributes to this prominence Could ground levels be manipulated to allow the buildings to sit lower in the landscape

6321 ENC Design Officer -

(1) The mixed use area at the gateway needs to look towards and integrate with Raunds by having doorways and accesses from London Road This would give a positive visual impression at the gateway into Raunds and would afford residents access to the new facilities by means other than the car An active frontage may also affect driver behaviour and reduce traffic speeds in this area enhancing the overall pedestrian environment (2) There is an opportunity to improve the pedestrian environment and cycle access in the vicinity of this site as highlighted in the Raunds Masterplan including the Meadow Lane right of way to Stanwick Lakes and routes to the town centre

6322 North Northamptonshire Joint Planning Unit -

Jobs Growth - the proposal satisfies the requirement of Policy 11 by providing employment at an existing employment site in an area with a low jobsworkers balance A Training and Employment agreement should be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal (ref policy 8) Planning conditions should be used to ensure that the delivery of the non B8 elements of the scheme contribute towards unlocking other employment uses and diversifying the economy into higher value activities Regarding the proposed town centre uses ENC should be satisfied that the requirements of PPS4 have been satisfied

Development Control Committee 21 of 100 Date printed 9 November 2011

6323 JPU Design Action Manager - ref para 398 of CSS and policy 13 Concerned about

the visual impact of the proposal and its impact on the wider landscape character In photomontage L from the Nene Valley Way the development would result in a bulky form on the skyline and would block the view of Raunds church spire Viewpoint N is likely to demonstrate a similar negative effect Photomontage M demonstrates that the build form spills down the valley side and runs against the contours so that the visual impact is one of long expanses of built form this appears at odds with the gently undulating farmed slopes that are characteristic of the area Photomontage F demonstrates a negative view of the proposal on the brow of the hill Photomontage C shows the building jutting out into the view obscuring the natural fall of the land and the horizon Overall the proposal is contrary to policy 13h in that

is visually prominent in a sensitive location were wide expansive views are key to the landscape character

does not conserve or enhance the landscape character blocks views to the spire and prevents views across undulating countryside to

the horizon does not display design of exceptional quality to counteract the landscape

concerns Layout - More information about the accesses and orientation of the mixed use gateway should be secured through a design brief on the first reserved matters application

6324 JPU Sustainability Officer - Welcome the plans to achieve BREEAM very good for the

B8 element Concerned that the proposed 10 of energy demand to be met from renewables is below the policy 14 target of 30 and that the proposed 15 reduction in CO2 emissions is also too low There is no reference to the 20000sqm of mixed use development which could provide opportunities for the consideration of an energy centre for the site Rainwater harvesting should be utilised across the whole scheme The sustainable drainage system and surrounding open space has potential to create opportunities for recreation and biodiversity benefit Green roofs and ponds do not appear to have been considered

7 Evaluation

71 The following issues are relevant to the determination of this application for planning permission

72 Local Planning Policy and Principle of Development

721 The first consideration should be whether the development conforms with the development plan for the area which for this site is primarily the adopted Core Spatial Strategy and to a lesser extent the adopted East Midlands Regional Plan (taking account of the uncertain future status of the regional plan)

North Northamptonshire Core Spatial Strategy

722 Both the Regional Plan and the NNCSS set out the overall locational strategy for new employment development with priority being given to development in urban areas Whilst the site is located outside the settlement boundary that was proposed (although not formalised) within the 2007 Raunds Preferred Options document it should be noted that the site is on the edge of Raunds and relates well to the settlement

723 The NNCSS aims to achieve greater self-sufficiency for North Northamptonshire as a whole stating in Policy 1 that development in the rural north east will be mainly directed to a rural service spine comprising Oundle Thrapston and Raunds to be supported by regeneration of these towns and improvements to public transport links

Development Control Committee 22 of 100 Date printed 9 November 2011

724 The CSS defines Raunds as a localised convenience and service centre and the strategy for the town should consist of town centre regeneration and diversification of employment and service base (policy 1 and policy 9) It is essential therefore that the impact of the proposal on the town centre has been adequately assessed

725 This proposal for a predominantly B8 distribution development is situated close to the strategic transport network in accordance with policy 11

726 The non B8 aspects of the proposal contain a broad mix of employment related uses therefore representing an opportunity for expansion and diversification of the employment and service base as set out in table 1 of the CSS and enhancing the towns overall retail employment and leisure base Paragraph 392 in the CSS whilst recognising that town centres are the preferred location for the focus of new office development does note that town centres cannot entirely accommodate the amount of land envisaged as being required for office-based uses It further notes that certain types of business use (such as research and development) may find more commercially attractive locations within the sustainable urban extensions or other prominent sites at the edge of towns These will however need to be in locations that are or can be made highly accessible by a range of transport modes

727 Overall whilst the proposals edge of town location could be seen to conflict with the CSSs town centre regeneration focus the proposal would still accord with much of the broader policy content of the CSS

East Midlands Regional Plan

728 The proposal would accord with the thrust of the relevant policies of the East Midlands Regional Plan in that it would enhance the provision of local facilities at Raunds by focusing on the service sector as an economic priority Whilst policy 22 seeks to prevent the development or expansion of additional regional scale out-of-town retail and leisure floorspace this development would not be contrary to this policy given that it consists of predominantly B8 (non-town centre) uses

Other Local Policy Documents

729 In the absence of an up to date site specific DPD for Raunds the non-statutory Raunds Masterplan functions as a relevant material consideration where it compliments the CSS The Masterplan recognises the application site as a potential new employment site and explicitly promotes the expansion of Warth Parkbased on market opportunity strategic location of Raunds and potential employment opportunities The Masterplan does seek to restrict edge or out of town retail However whilst the current proposal does incorporate some town centre uses none of the proposed uses are strictly retail so there is no conflict with this element of the Masterplan

7210 The Northamptonshire Strategic Employment Land Assessment (SELA) highlights the

need for significant growth in respect of job creation employment at Raunds particularly as Employment development within Raunds would help to reduce the very large imbalance of out-commuting from the town

7211 East Northamptonshire Councils own (non-statutory) corporate policies include a focus

on regeneration and economic development and a business friendly planning servicedesigned to make it as easy as possible for companies to set up or expand

73 National Planning Policy and Principle of Development

National Ministerial Statement ndash Planning for Growth

Development Control Committee 23 of 100 Date printed 9 November 2011

731 The recent Ministerial Statement ndash Planning for Growth indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

Draft National Planning Policy Framework

732 The recent Draft National Planning Policy Framework contains a presumption in favour of sustainable development and goes as far as to state that the default answer to development is yes except where this could compromise the key sustainable development principles It goes on to state that local planning authorities shouldgrant permission where the plan is absent silent indeterminate or where relevant policies are out of date This could be said to be the case in respect of Raunds given the East Northamptonshire District Local Plan (now 15 years old) remains the site specific DPD for the town

Planning Policy Statement 1- Delivering Sustainable Development

733 PPS1 refers to the need for sustainable economic development It sets out a positive approach to delivering sustainable economic development including recognising its environmental and social benefits and ensuring that suitable locations are available (paragraphs 23(i) and 23(iii))

Planning Policy Statement 4 - General

734 PPS4 provides further guidance and advises in policy EC101 that planning applications that secure sustainable economic growth should be treated favourably Policy EC102 includes criteria against which applications for economic development should be assessed These include

a) whether carbon dioxide emissions are limited and the proposal is resilient to climate change b) accessibility of the site by a choice of means of transport c) whether the design is of high quality and is inclusive d) impact on economic and physical regeneration including impact on deprived areas and social inclusion objectives e) impact on local employment

These are considered in later sections of this report

Planning Policy Statement 4- Town Centre Uses background

735 Part of the scheme includes town centre uses and there are specific policies in PPS4 relating to these Policy EC171 indicates that applications for main town centre uses that are not in an existing centre and not in accordance with an up to date development plan should be refused planning permission where

a the applicant has not demonstrated compliance with the sequential approach b there is clear evidence that the proposal would be likely to lead to significant

adverse impacts However Policy EC172 then goes on to indicate that where no significant adverse impacts have been identified planning applications should be determined taking account of

a the positive and negative impacts of the proposal in terms of policies EC102 and 161 and any other material considerations and b the likely cumulative effect of recent permissions development under construction and

completed development

Development Control Committee 24 of 100 Date printed 9 November 2011

Planning Policy 4 ndash Sequential Assessment

736 Policy EC15 in PPS4 provides detailed advice on how to consider sequential assessments advising that Local Planning Authorities should take account of the availability suitability viability and accessibility of more central sites and should ensure developers have demonstrated flexibility in terms of their business model

737 PPS4 is accompanied by a Practice Guide which makes it clear in paragraph 56 that the onus is upon the applicant to demonstrate that the sequential test is passed and if more central opportunities are rejected it is for sound reasons that are clearly explained and justified In paragraph 57 it is explained that if a local planning authority proposes to refuse an application involving town centre uses on the basis of the sequential approach it should be on the basis that it considers that there is or may be a reasonable prospect of a sequentially preferable opportunity coming forward which is capable of meeting the same requirements

738 The developer explains that in undertaking their sequential assessment they have disaggregated each unit and assumed that each is a separate business This approach is in accordance with the advice in PPS4 The developer has not however reduced the size of individual units explaining that the formats proposed are those required by the market

739 The catchment area that the developer has considered is the parishes of Raunds Ringstead Stanwick and Hargrave as it is explained that the facilities proposed are not designed to serve wider population Only alternative sites within Raunds are therefore considered and the sites have been taken from the from the Draft Raunds Masterplan Ideally a separate market search should also have been carried out

7310 The alternative sites identified in the sequential test and the developerrsquos conclusions

are set out below

ARPC Containers site ndash reference is made to the viability report submitted in relation to the current application for this site which shows that the site is only viable for a mainly residential scheme BCorner of Titty Ho and Grove Street ndash this site is considered not to be available as it would require relocation of the garage CVacant site between Grove Street and McKenzie Road ndash site is too small and development would impact on residential amenity DBlock between Ashfield Rise Ashfield Grove and Spinney Street - residential amenity would be harmed by restaurant and health and fitness use and the site is unsuitable due to lack of visibility EVacant site on corner of Park Road and Hill Street ndash the site is too small and recommended for residential use FGellrsquos Garage High Street ndash the site is too small and more suited to residential use GLand to east of North Street- the site is too small and more suited to residential use

7311 Insufficient information however has been submitted to support the conclusions The

sites are not identified on a clear map and their sizes have not been provided therefore it is difficult to determine that they are actually too small although your officers do agree that sites surrounded by residential development are likely to be more suitable for residential rather than the uses proposed and also accept that it is not viable to develop the RPC site for the proposed uses

Development Control Committee 25 of 100 Date printed 9 November 2011

7312 The developers make a general point in relation to viability They advise that in the

current economic climate all development projects are difficult to make viable and that commercial development of light industrial units hotels food and drink establishments and leisure facilities are not viable on sites with additional costs for items such as demolition and decontamination

Planning Policy Statement 4 ndash Impact Assessment

7313 Policy EC161 sets out that an impact assessment needs to consider the impact of a

proposal on town centre vitality and viability consumer choice in-centre trade and turnover and possibly the rural economy It shoudl also consider whether the scale of the proposal is appropriate to fit within the hierarchy of centres The accompanying Practice Guide provides guidance on how to consider these impacts

7314 Unfortunately the developer has made no attempt to carry out a detailed impact assessment advising that there are no models that can provide a realistic assessment of impact for the relevant uses at the scale proposed They make the following detailed points

bull More employment and economic activity will have a beneficial impact upon the town bull The creation of additional employment at Raunds is likely to increase the viability of

Raunds town centre An increase in businesses and employees will increase demand for facilities particularly retail in the town centre

bull The prediction is that employees would earn over pound300 million from the proposal over 5 years Although only a small proportion would be spent in the town even 1 spend totals over pound3 million over the 5 year period which will sustain a number of small businesses

7315 Unlike retail proposals there is no accepted methodology for assessing the impact of

town centre proposals however Members will no doubt recall that a more detailed impact assessment was submitted for the proposed leisure centre at Manor Park It is disappointing therefore that the developer has not explicitly considered the issue of the impact that locating town centre uses would have on Raunds town centre Ideally further work should have been carried out

PPS4 - conclusion

7316 The applicants submission in respect of the PPS4 Sequential and Impact Assessment

is not of the quality that would be expected despite this being their second attempt following an initial request for a more detailed assessment However on the basis of local knowledge of the area the markets and the way trade operates the conclusions that it draws are not challenged It is reasonable to conclude that there are no more centrally located sites that could suitably accommodate the proposed development or parts thereof and furthermore that any impact on the existing centres would be minimal

Overall Policy Conclusions

7317 Bringing together the relevant policies there is significant support for the proposal The

main issues are around the acceptability of the sequential and impact assessments particularly having regard to the overall spatial strategy set out in Policy 1 of the Core Spatial Strategy and the focus upon regeneration of the town centre

Development Control Committee 26 of 100 Date printed 9 November 2011

7318 The sequential test is not as clear as it could have been and would have benefited from plans identifying the alternative sites that were considered noting their size and showing their relationship with surrounding development and explaining in more detail why most of them are too small Whilst it would have been helpful for the developer to have carried out their own market research your officers are not aware of other sites that might be available

7319 The impact assessment is poor but on the other hand no clear evidence has been submitted to demonstrate that the proposal would lead to significant adverse impacts Having regard to this the proposal therefore needs to be assessed against Policy EC172 in PPS4 the positive and negative impacts of the proposal in terms of EC102 and 161 and other material considerations need to be considered ie there is no presumption that the application should be refused in accordance with Policy EC171

7320 Considering that no retail uses are proposed for the site and that the sequential

assessment has proved that there are no more central sites that could accommodate the uses proposed it is very unlikely that the development itself would have an adverse impact on the vitality and viability of the town centre

7321 Indeed it could be argued that the development would raise the profile of Raunds by

attracting more businesses and visitors to the town The development would be closely related to existing retailing and leisure uses namely MampS BP McDonalds and Raunds Town Football Club Combined with the application proposals these could form a leisure hub to the west of Raunds again attracting more business to the town which could in turn help support the town centre Consideration is given in a later section to the potential for seeking developer contributions towards civic improvements within the town In this respect the development could also be seen to have a positive impact on the town and contribute to this important element of the CSS

7322 The Town Council have on a number of occasions expressed concern about the

amount of food establishments within the town centre and stressed that what they want to attract into the town centre is retail development

7323 Other sections of this report consider the proposal against Policy EC102 in PPS4 and

the positive and negative impacts of the proposals and other material considerations and these are all brought together and weighed in the balance in the conclusion to this report

74 Mix of uses

741 The applicant has suggested that it is the significant B8 element of the scheme that makes the proposal stack up but officers would have significant concerns if there was a prospect that the accompanying business and leisure uses were not going to also come forward Clearly the proposed mix of uses for the site is what makes the current application so attractive so it is important that the council does all it can to ensure that the mix is not diluted to a less attractive package

742 In reality it is likely that reserved matters applications will come forward individually as the site gains interest from end-users There is the associated risk that the precise combination of uses could end up being slightly different to that indicated in the application Each reserved matters application would have to be considered on its own merits

Development Control Committee 27 of 100 Date printed 9 November 2011

743 The indicative breakdown of uses that has been put forward in the application (Transport Assessment) is as follows

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

744 As it is not yet known what end-user interest will come forward it would be unduly restrictive to dictate that reserved matters must come forward strictly in line with this indicative mix as a lack of flexibility in this sense could deter take-up on the site However it is recommended that a condition be imposed that stipulates the upper limit of the various types of use class in order to ensure that no one type of use can dominate the development It is also recommended that a condition be imposed that would require the applicant to submit an annual report demonstrating how the site has been actively marketed for the full mix of uses This would maximise the opportunities of getting the most desirable mix of uses for the site but would also mean that the evidence base that is built up in this way could then be used to support decision making on any reserved matters proposal that may come forward that does not strictly line up with the indicative mix

745 Concern was raised that the site of the gateway part of the development may already have planning permission for a B8 warehouse However this permission has expired so there is no prospect of a B8 warehouse coming forward on this part of the site without a further application Any such application would prejudice the aims of the current proposal so is unlikely to be supported unless there is a very strong evidence base that the desired mix of uses are not deliverable

75 Training and employment

751 The applicant has suggested that 1500 jobs would be created as a result of the development Several representations have challenged this assumption and raised fears that these may not be skilled jobs or that the local population may not benefit

752 Clearly the figure is an estimate and is a rounded figure but is considered to be a reasonable estimate based on the job densities used in the North Northamptonshire SELA report It is acknowledged that a large distribution unit could employ anything from 100 to over 1000 staff depending on the nature of the end users operations and that the seasonal variations of the leisure uses would also give rise to uncertainty What is certain is that the development would provide significant additional employment at an existing employment site in an area with a low jobsworkers balance This can only be a good thing for the socio-economics of this part of the district

753 The JPU suggest that a Training and Employment agreement could be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal However in this instance the council is proposing to trial an innovative scheme called Construction Futures which aims to develop high quality skills for local people invests money from developers and government in to the local economy and hence helps to create inclusive communities To summarise the developer would pay a financial contribution to Construction Futures who would in turn use this money to administer and deliver a programme of site-based work experience training and apprenticeships for students of local colleges such as Moulton and Tresham The number of training hours would be determined by the size and nature of the proposed development and could be used in a combination of different ways

Development Control Committee 28 of 100 Date printed 9 November 2011

construction students could gain practical work experience which may include apprenticeships during the construction phase

logistics hospitality leisure or childcare students could benefit from placements at the various businesses that ultimately occupy the new premises

construction firms or end users of the site could go into schools andor colleges to deliver presentations as part of a curriculum

local businesses would benefit from being offered subsidised business development and up-skilling training to meet industry requirements

754 Construction Futures based in Northampton has been securing similar such benefits for schemes dealt with by WNDC for the last few years so has a proven track record of positive outcomes and compliance with the relevant planning legislation The scheme has been increasing in profile in recent months and has generated significant national press interest The applicant has indicated a commitment to the Construction Futures scheme and has agreed to this being worked into the section 106 agreement for the site Further details of the scheme can be found at wwwconstructionfuturesorguk

76 Highways

761 It is proposed that the London Road between the A45 and Warth Park Way Brick Kiln Road be widened to a dual carriageway which would in turn facilitate the need for the connection to the A45 roundabout to be revised The existing roundabout at Brick Kiln Road that forms the site access would be improved and the existing Warth Park Way running into the site would also be widened to a dual carriageway with a new roundabout introduced some 150m into the site close to the first existing junction

762 A detailed Transport Assessment was submitted alongside the application and this takes into account the impact of potential forthcoming development at Northdale End and Darsdale Farm The TA predicts a total traffic generation of some 500 trips both arrivals and departures in the morning peak and some 700 in the afternoon peak The impact on traffic flows at several junctions has been assessed including the A45 roundabout the Brick Kiln Road Warth Park Way roundabout the Meadow Lane Marshall Road junction and the Stanwick Road Wellington Road roundabout

Impact on the strategic highway network

763 The Highways Agencys initial issues with the Transport Assessment have been resolved following the submission of additional information and the HAs initial holding objection has now been lifted The HA are now content with the proposed development and its impact on the A45 The HA are also satisfied with the Framework Travel Plan They confirm that any issues arising from the Road Safety Audit can be resolved during the detailed design stage and direct that conditions be used to secure the necessary improvement works to the A45 roundabout and to require a Non Motorised Users Audit to be carried out and its recommendations implemented

Local transport network

764 The highways officer at NCC has confirmed that he is happy that the proposed highway improvements comprising the improvements to the A45 roundabout dualling of the London Road down to the Warth Park roundabout and the provision of a cycleway on London Road between the Warth Park roundabout and the new toucan crossing should satisfactorily facilitate the development

765 The broad principles of the internal road layout and parking provision are acceptable to the highway authority but the precise design details of these would be agreed for each part of the site as the respective reserved matters applications come forward A condition is suggested that would require a masterplan for the non-B8 element of the scheme to

Development Control Committee 29 of 100 Date printed 9 November 2011

submitted in conjunction with the first of the reserved matters applications for the gateway development Further detail of the internal road parking and access layout would therefore be considered at this stage and we would be able to ensure that pedestrian access from London Road can be facilitated in accordance with the comments of our design advisors

766 The Raunds Masterplan highlights a need for improvements to pedestrian and cycle provision throughout the town Accessibility of the site by bicycle from the local area would be enhanced by the provision of a new cycleway on the west side of London Road linking the new toucan crossing up to the Warth Park Way roundabout where it would link in with the cycle provision within the Warth Park site Conditions can be used to secure the provision of the cycle path on London Road and the design details of the segregated cycleway through the site that would serve to keep cycles separate from the HGV route

767 A particular priority of the Raunds Masterplan is to improve access to leisure opportunities for residents of the town and it would be desirable to ensure that future users of the Warth Park development also have access to local leisure opportunities Meadow Lane a bridleway which runs along the southern boundary of the site and leads to Stanwick Lakes is in a poor condition at present The developer has agreed to make a financial contribution to enable the entire length of Meadow Lane to be improved hence enabling a circular leisure route for workers or visitors to the Warth Park site and improving access to the countryside and Stanwick Lakes for the whole town (see section 7155)

Sustainable Transport and Travel Plan

768 A Framework Travel Plan has been submitted which identifies proposed measures to be implemented on a development wide basis and provides a framework for the preparation of specific travel plans for each individual site forming part of the development as it comes forward The Framework Travel Plan also identifies overall traffic generation limits and a preliminary modal shift target A condition is recommended that would require a more detailed Travel Plan that broadly accords with the Framework Travel Plan to accompany each reserved matters application

769 The number 16 bus is a long standing service that runs past the entrance to the site and the X46 and X47 have also been improved this year The county council feel that is would be feasible to provide a diversion so that a new stop within Warth Park would be served In this regard NCC has requested a financial contribution of pound50000 towards bus services pound5000 of which would be for a new bus shelter on Warth Park Way with the remainder being used to enable an extension to the recently introduced County Connect demand responsive transport (most likely by extending the 7am-7pm operating day by 3 hours to enable shift changeover) This would complement the measures in the Framework Travel Plan and help to facilitate modal choice for potential users of the development from the wide surrounding area

Rights of Way Implications

7610 There is an existing right of way (footpath UG39) that crosses the site in a east-west

direction terminating at the A45 which severs the path (the underpass is slightly further south at the end of Meadow Lane) This right of way has already been diverted between the existing commercial buildings on Warth Park and a further diversion would be required to facilitate the proposed development The applicant proposes to divert the footpath in a northerly direction so that it joins in with the proposed footpath and cycleway that would be created through the development site This would take the form of a segregated track to the north of the HGV access road separating to meander through the landscaped public open space before joining in with the Meadow Lane at the south western corner of the site and enabling convenient crossing of the A45 via the existing underpass

7611

Development Control Committee 30 of 100 Date printed 9 November 2011

Whilst not the shortest or most direct route this proposal would seem to be the logical and most pleasant route for the footpath diversion Unfortunately the Ramblers Association do not share this view Firstly they feel it should be possible to design the scheme around the footpath but this would not be possible due to the scale of the proposed buildings and the topography of the site Secondly they feel that if the footpath has to be diverted the diversion should be routed in a southerly direction in between the proposed warehouse units to join Meadow Lane However officers view is that this would not be a desirable route for the footpath and could well be harmful from a planning out crime point of view

7612 Clearly any diversion of the footpath would need to undergo the formal process of a

section 257 Diversion Order This process is separate to planning permission but must be carried out prior to development commencing (an informative to this effect could be placed on any planning permission) What is important at this stage is that there are at least three possible and feasible routes that the diversion could take and any disagreement about the relative desirability of these routes would be resolved through the formal Diversion Order process Therefore although no final decision has been reached about the ultimate route of the diverted footpath there is no reason why planning permission cannot be granted

77 Design - Illustrative Site Layout

771 The mix of uses proposed for the north eastern corner of the site has potential to provide a positive gateway to Raunds The desire for dual-aspect units which positively address London Road with active frontage and pedestrian access points could easily be facilitated in the detailed design stage As mentioned above a condition is suggested that would require a masterplan for the non-B8 element of the scheme to be submitted in conjunction with the first of the reserved matters applications for the gateway development and it would be expected that these principles would be incorporated into such a masterplan

772 The significant footprint of the three large B8 units and the existing site constraints (a gas main and the natural contours of the site) has dictated to some extent the positioning of these units within the indicative layout The buildings would form a logical extension to the existing phase one warehouse units particularly the large Indesit unit which would be adjacent to the extension and is of comparable scale to the units proposed

773 The proposed road alignment appears logical and workable with separate distinct elements of the scheme each served off their own points of vehicle access The highway and safety implications of the road and parking layout are discussed in the highways section

774 A significant area of public open space is proposed at the western corner of the site This would help to soften the edge of the development and provide a transition into the countryside beyond Attenuation basins would be incorporated into the landscaping which would add visual and ecological interest as well as serving to ensure sustainable drainage of the site

78 Landscape implications and long views of the site

781 The Design Action Manager at the JPU has commented negatively in respect of the landscape and visual impact of the proposed development The JPU comments highlight that the site is part of the Limestone Valley Slopes character area (as defined in the Environmental Character Assessment) hence exhibiting expansive long distance views gently undulating farm slopes with urbanising elements despoiling the edges where town meets country She also refers to the Nene valley being known for its unspoilt beauty and its many views of church spires and historic houses particularly from Twelve Spires Hill where 12 church spires including that of Raunds can be seen together The JPU is concerned that these photomontages show that the bulky form of development on the horizon and spilling down the valley would result in a negative landscape impact by and more specifically would block the view of Raunds church spire from the Nene Valley Way The JPU consider that the

Development Control Committee 31 of 100 Date printed 9 November 2011

development is not of exceptional design and its bulk and position would appear at odds with the gently undulating farmed slopes and hence do not conserve or enhance the landscape character contrary to policies 13 h and o

782 The ridge top location of the proposed development means that it would be visible from a wide area as demonstrated in the series of photomontages that have been submitted with the application The significance of the landscape impact is however a subjective matter and must be weighed against the other material considerations

783 The existing Warth Park buildings are already visible in the wide landscape and the proposed new development would be viewed against this context against the backdrop of the existing units and the whole town The Environmental Character Assessment acknowledges that the edges of this natural valley are already blurred by urbanising elements - in the reasonably near vicinity there are several examples of this at Wellingborough Irthlingborough Rushden Higham Ferrers and Raunds There is also the A45 trunk road running along the eastern slope of the valley creating a physical barrier between the unspoilt valley bottom and the urban settlements to the east In the vicinity of the Warth Park proposals the A45 and the dense wooded areas on its western side create a physical and visual barrier between the valley and the development site It could therefore be argued that this would limit the impression of encroachment into the valley The view of the church spire as shown in photomontage L is an extremely long-distance view (approximately 33km) that is already partly obscured by the existing Warth Park development The presence of other settlement edge uses at Raunds Stanwick and towards Irthlingborough is a consideration as is the natural screening that is anticipated to mature in front of the development over time Whether the additional impact of the new units further severing this view of the spire is significant enough to conclude that this is harmful to the landscape is a matter of subjective judgement which must be weighed against other material planning considerations

79 Landscaping

791 The councils conservation officer has expressed concern about the level of detail that has been submitted in relation to structural landscaping of the site Although the written principles that are described seem broadly acceptable the scheme has not been illustrated on a plan and there is insufficient detail in terms of phasing and implementation This is of particular concern due to the large scale of the proposed development and the need to avoid piecemeal approach to the landscaping given the likelihood that reserved matters will come forward bit by bit

792 Whilst recognising that this is an outline application that does not include landscaping the importance of getting a coherent scheme of structural landscaping throughout a site of this size and avoiding a piecemeal approach to landscaping should not be underestimated In the circumstances it would seem reasonable and sensible to request details of the structural landscaping for the whole site prior to the submission of any reserved matters applications and furthermore to request that the approved structural landscaping is put in place alongside the overall site infrastructure and the construction of the first building

793 Once a coherent structural landscaping scheme has been secured the finer details of landscaping that would come in with each of the subsequent reserved matters applications would be less critical and subject to more flexibility

794 It is recommended that the section 106 agreement incorporates the requirement for a landscape management plan and provisions for ongoing maintenance of the public open space

Development Control Committee 32 of 100 Date printed 9 November 2011

710 Noise

7101 Four residents of London Road Gardner Close Crispin Way and Keston Way have

highlighted that they already suffer noise disturbance from the existing Warth Park in the form of vehicle noise reversing bleepers air conditioningfans loading works and raised voices and that this disturbance is particularly concerning at night These residents are concerned that the disturbance would be worse if the proposed development goes ahead particularly given that the application seeks 24 hour operations Local concern is heightened by the fact that the existing bund on the western side of London Road opposite the football club would be removed as part of the proposals

7102 The application was supported by a Noise Assessment and this has been considered in

detail by the councils Environmental Services officers who conclude that they have no concerns or objections to the proposed development They are content that the removal of the existing bund would not adversely impact on nearby residential properties The noise assessment demonstrates that current guidelines relating to noise from this type of development would be met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels

7103 In the light of this technical advice from the councils noise experts it would be

extremely difficult to substantiate a reason for refusal on the grounds of noise disturbance However conditions are recommended to ensure that the proposed mitigation is put in place and that construction works are restricted to certain hours

711 Ecology

7111 The application was accompanied by ecological submissions both as part of the ES

and following in later specific studies The proximity of the Upper Nene Gravel Pits SPA and SSSI and the likely impact of the development on this designated site is an important consideration that has been taken into account The impact on wider biodiversity of the site in particular bats and birds and the effect on soils and green infrastructure have also been considered

7112 Both the Northamptonshire Wildlife Trust and Natural England have considered in

detail the ecological submissions and they confirm that these are acceptable is scope content and robustness These consultees therefore have no objections to the proposals subject to conditions ensuring

the development is carried out in accordance with the recommendations within section 116 of chapter 11 of the ES regarding ecological retention protection enhancement and future mitigation measures particularly to ensure that habitat enhancement opportunities within the retained open spaces are maximised

the soil resources particularly the topsoil should be used sustainably and the works should be overseen by an appropriately experienced soil specialist

7113 Concern has been raised by an objector about the impact on red kites However further discussion on this matter with both the Wildlife Trust and a local bird specialist recommended by the Wlidlife Trust would suggest that the proposed development would not give rise to significant concern

Development Control Committee 33 of 100 Date printed 9 November 2011

712 Flooding

7121 A sustainable urban drainage system in the form of attenuation basins and swales is proposed for the site to manage the impact of the development on drainage A Flood Risk Assessment has also been carried out for the site The initial objection of the Environment Agency has been overcome by the submission of a revised Flood Risk Assessment The EA has therefore withdrawn its objection in relation to flood risk subject to a condition specifying the technical approach to run-off and stipulating that any alternative approach would necessitate further discussion

7122 It is clear from the response that the EA has taken account of the nearby Hogs Dyke in its consideration of the FRA Given the location and topography of the site the council is not aware of potential flood risk from any other source Subject to compliance with the suggested condition the development would be in accordance with PPS25

713 Archaeology

7131 Several archaeological programmes have been carried out which demonstrate the

presence of Iron Age Roman and Saxon activity over a wide area of the site The medieval activity on site is likely to be peripheral to the village of Mallows Cotton which is now a Scheduled Monument and is separated from the site by the modern A45 Despite the investigative works that have already been undertaken by the applicant on site a condition requiring a further programme works is recommended to record and advance an understanding of any assets in accordance with PPS5 and the advice of the County Archaeologist

714 Sustainability

7141 The proposal would achieve BREEAM very good in accordance with policy 14 of the

CSS However policy 14 also contains a target for 30 of energy demand be met by renewables but the current proposal only provides for 10

7142 The sustainability officer at JPU has indicated that the measures proposed such as

solar water heating air source heat pumps sustainable drainage systems are a good start but she feels that further measures should be considered for a development of this scale or at the very least there should be an economic or technical submission justifying why the 30 target cannot be more closely met She has suggested a condition similar to that used on other schemes which requires a strategy to be submitted with each reserved matters application

to demonstrate how a target of at least 30 (minimum 10) of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply or

if the 30 target cannot be met the energy strategy should be accompanied by a technical and economic viability assessment to justify the shortfall

Development Control Committee 34 of 100 Date printed 9 November 2011

715 Section 106 contributions

7151 The development is of a size which generates a need for social and community

infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7152 In considering whether contributions are justified and can be sought Members must

have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

7153 Members also need to be mindful that the current basis for seeking contributions is the

Councilrsquos SPD in relation to developer contributions

7154 The following is a summary of the main headlines under which section 106

contributions have been negotiated

Meadow Lane

7155 Upgrading of Meadow Lane to facilitate access to Stanwick Lakes is a priority to both

ENC and NCC and the developer has agreed to contribute pound60000 towards this which NCC has advised should be sufficient to re-surface the entire length of Meadow Lane with a permeable hardcore or similar A specification for the upgrading works has been provided by NCC and this would suitably accommodate cyclists pedestrians horses and farm vehicles

Cycleway for London Road

7156 In terms of achieving connectivity of the site to Raunds town centre the developer has

agreed to provide a cycleway on the western side of London Road travelling north from the new toucan crossing outside the cemetery up to the Warth park roundabout and into the site This is in accordance with the request of NCC

Buses

7157 NCC initially asked for pound80000 (pound15000 a year for five years plus a further pound5000 for

a bus shelter just inside the application site) with reference to possibly diverting the recently improvedextended services 16 X46 and X47 to a new stop inside the Warth Park development and enhancing the new County Connect demand responsive service in order to enable a large catchment to reach the site

7158 In a later representation NCC revised this request downwards to pound50000 (pound15000 a

year for three years plus a further pound5000 for a bus shelter) the justification for this being

Development Control Committee 35 of 100 Date printed 9 November 2011

bull a training contribution (Construction Futures) and other calls on land value have not been required of other schemes

bull other developments may well also be contributing to bus services bull demands and revenue from this site and other schemes can be expected to cover an

increasing portion of costs

Training and development

7159 Construction Futures is a new approach to gaining contributions towards securing

training opportunities for local young people The section 106 agreement would require the developer to sign up to providing a certain number of training hours for young people from local colleges Exactly how the training hours are used would be negotiated after the agreement is signed (see earlier section for more detail of how this could work) On top of the requirement to provide training hours there would also be a financial contribution of approximately pound100000 associated with this that would go towards the administration and co-ordination of the scheme

Raunds town centre

71510 In line with the approach taken on the Northdale End site the developer has agreed to

pay a pound20000 financial contribution towards improvements for Raunds town centre Rather than specify this be used for shop fronts it is envisaged that this could better be used as more of a civic community improvement fund

Open Space

71511 The developer is proposing to provide and maintain the on-site open space at no cost

to Raunds Town Council A maintenance programme would therefore need to be secured as part of the section 106 agreement

Other matters not pursued in the S106

71512 Improvements to pedestrian access between Raunds and Ringstead were considered but under the tests of CIL these were not felt to be sufficiently justified

8 Conclusions

81 The planning policy evaluation highlights the deficiencies with the PPS4 sequential and impact assessment that has been undertaken by the developer Nonetheless PPS4 also provides that in the absence of any evidence of harm the development should be assessed on the basis of its positive and negative impacts in the light of current policy and other material planning considerations

82 The remainder of the planning policy evaluation shows a great deal of support for the proposed development in terms of its fit with PPS1 the Ministerial Statement ndash Planning for Growth the Draft National Planning Policy Framework the East Midlands Regional Plan the North Northamptonshire Core Spatial Strategy the Raunds Masterplan and the councils own (non-statutory) corporate policies

83 Apart from a subjective disagreement about the extent to which visual harm will result to the wider landscape and the limitations of the sequential impact assessment there is no evidence that harm will result from the proposal In fact the benefits of the scheme are considered to far outweigh the disbenefits particularly in relation to local employment creation economic regeneration social inclusion sustainable transport and accessibility and inclusive design which would create an enhanced entrance to Raunds

Development Control Committee 36 of 100 Date printed 9 November 2011

84 Therefore on balance it is recommended that planning permission should be granted

85 It should be noted that the application falls within the scope of the Consultation Direction (circular 022009) which requires local planning authorities to consult the Secretary of State before granting planning permission for certain types of development The current proposal falls within this scope as it is within the definition of section 5(1) of the annex therein which includes development outside town centres further defined as development which consists of or includes retail leisure or office use and which (a) is to be carried out on land which is edge-of-centre out-of-centre or out-of-town and (b) is not in accordance with one or more provisions of the development plan in force in relation to the area in which the development is to be carried out and (c) consists of or includes the provision of a building or buildings where the floor space to be created by the development is 5000 square metres or more

9 Recommendation

91 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

10 ConditionsReasons -

1 Development shall not commence until details of

a) the layout of the new development

b) the scale of the new development

c) the appearance of the new development and

d) the landscaping of the site (hereinafter called the reserved matters) shall be obtained from the local planning

authority Reason The application is in outline only and the reserved matters referred to will

require full consideration by the local planning authority

2 Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

3 The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

4 The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall thereafter be constructed in accordance with the slab levels that have been approved in writing by the local planning authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

Development Control Committee 37 of 100 Date printed 9 November 2011

5 Prior to the commencement of each part of the development full details of all external materials including finish and colour scheme shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with the approved details

Reason In the interest of amenity

6 Prior to the commencement of each part of the development hereby permitted details of the location height design and materials of any boundary treatments shall be submitted to and approved in writing by the Local Planning Authority and all such works shall be erected concurrently with the erection of the buildings Such approved details shall be erected and retained in perpetuity thereafter

Reason To ensure that the appearance of the development is satisfactory and that it contributes to the visual character and amenity of the area

7 Prior to the occupation of the development the works hereby permitted shall be constructed in accordance with BWB drawing NTT672SK01P5 dated 092011 (in respect of works to the trunk road network) Any revisions that may be required resulting from the implementation of the recommendations of the Road Safety Audit shall be approved in writing by the local planning authority in consultation with the Highways Agency

Reason In the interest of highway safety

8 No part of the development hereby approved shall be occupied until a Non Motorised Users Audit has been undertaken and the recommendations therein have been implemented

Reason In the interest of highway safety and sustainable transport

9 No development shall commence until a scheme for off-site highway improvement works (comprising improvements to the A45 roundabout (Highways Agency control) and duelling of the northern portion of London Road associated works to the Warth Park roundabout and provision of cycleway on the western side of London Road (NCC control)) has been submitted to and approved in writing by the local planning authority None of the premises hereby permitted shall be occupied until all of the off-site highway works have been carried out and written confirmation has been provided by the local planning authority that these works are acceptable

Reason In the interest of highway safety

10 Prior to the first occupation of any of the buildings on site a cycleway shall be provided adjacent to the west side of London Road in accordance with full details which shall have been submitted to and approved in writing by the local planning authority

Reason In the interest of promoting sustainable transport

11 Prior to the commencement of development design details of the segregated cycleway through the northern end of the site and through the open space shall have been submitted to and approved in writing by the local planning authority Development shall then proceed in accordance with the approved details

Reason To ensure a safe and attractive route for cyclists through the site

12 All reserved matters submissions shall accord with the principles contained within the Framework Travel Plan and a further detailed Travel Plan shall be submitted in conjunction with each reserved matters submission for each part of the development hereby permitted The detailed submissions shall cover pedestrian cycle and public transport linkages within and outside of the site as well as prospective management arrangements for future occupiers of the development and shall identify the mechanisms by which the Travel Plan proposals are to be delivered the targets and the timing of delivery

Reason In the interests of promoting sustainable transport

Development Control Committee 38 of 100 Date printed 9 November 2011

13 No more than 105073 sq m of floorspace is permitted under this outline permission within which no more than 6050 sq m shall be for A3-5 C1 or D1-2 uses and within which no more than 1500 sq m shall be for D2 use (health and fitness) no more than 2500 sq m shall be for C1 use (hotel) no more than 300 sq m shall be for D1 use (nursery) and no more than 2500 sq m shall be for A3-A5 uses (food and drink) No more than 3348 sq m of the total floorspace shall be for B1 uses and no more than 100000 sq m of the total floorspace shall be for B8 uses

Reason To ensure an appropriate mix of uses on the site

14 On the first anniversary and each subsequent anniversary or any other such period as agreed in writing by the LPA of the granting of outline planning permission a report shall be submitted to the LPA demonstrating how the site has been marketed for the full mix of uses applied for in the outline application This report shall include though not exclusively the marketing material and marketing media used during the previous year numbers and types (including general company size and sector) of inquiries received during the previous year locational origin of these inquiries inquiry requirement (by size and building type) together with explanation of why the inquiry has or has not progressed

Reason to ensure that the full mix of uses permitted by the planning permission is delivered on the site and is among other material considerations in accordance with market demand

15 The first reserved matters application made for the areas to the north of the existing Warth Park (all buildings except the three large warehouses) shall include a masterplan for these areas including access (pedestrian cycle vehicle) location of buildings frontages and entrances (including relationship with London Road) parking and service areas and principle landscaping No building within this masterplan area shall be commenced until the masterplan is agreed in writing by the LPA Subsequent reserved matters submissions for these areas shall accord with the design principles within the approved masterplan unless otherwise agreed in writing when further reserved matters applications are made

Reason To ensure that the reserved matters applications for this area are coordinated and that the area is properly connected to the surrounding area

16 In conjunction with the reserved matters submission for each part of the site an Energy Strategy for the energy supply incorporating renewables andor from decentralised renewable or low carbon sources shall be submitted to and approved in writing by the Local Planning Authority The strategy shall demonstrate how a target of at least 30 with a minimum of 10 of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply in accordance with the approved Energy Strategy Framework If the 30 target cannot be met a technical and economic viability assessment shall be submitted together with the energy strategy for the approval of the Local Planning Authority The strategy shall include details and a timetable of the physical works on site The strategy shall be implemented as approved and retained operational thereafter unless otherwise agreed in writing by the Local Planning Authority

Reason In the interests of sustainable development and energy efficiency in accordance with PPS 1 and the supplement to PPS 1 PPS 22 Policy 2 of the East Midlands Regional Plan and Policy 14 (a) (iii) of the CSS for North Northamptonshire

17 Prior to commencement of any development a comprehensive landscape masterplan including full details of the structural landscaping of the site shall be submitted to and agreed in writing by the local planning authority The approved structural landscaping shall be implemented during the first planting season following the completion of the first building on site unless otherwise agreed in writing by the local planning authority Any planting forming part of the approved landscaping scheme which dies or becomes diseased within 5 years of planting shall be replaced in accordance with details to be submitted to and approved in writing by the local planning authority

Development Control Committee 39 of 100 Date printed 9 November 2011

Reason To ensure that structural landscaping is delivered in a comprehensive manner and to assist with mitigating the visual impact of the scheme on the surrounding area

18 The structural landscaping will be maintained by the applicant or an organisation appointed by the applicant and notified to the LPA as publicly accessible open space in accordance with details to be submitted to and approved in writing by the local planning authority subject to any limitations to ensure its proper functioning for surface water drainage Access to this area shall commence upon completion of the structural landscaping or as otherwise agreed in writing by the local planning authority

Reason To ensure that there is public access to the area of open space

19 Development shall proceed in accordance with the recommendations in section 116 of chapter 11 of the ES (received by the local planning authority 2 June 2011) regarding ecological retention protection enhancement and future mitigation measures unless otherwise agreed in writing by the local planning authority

Reason In the interests of ecological protection and ensure that enhancement opportunities are maximised

20 Each stage of the development shall proceed in accordance with a strategy for the sustainable use of soil and topsoil resources which shall be submitted to and approved in writing in conjunction with each reserved matters application This strategy shall include details of the arrangements by which an appropriately experienced soil specialist will oversee the development

Reason To ensure the sustainable use of soil

21 The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved by the Local Planning Authority (LPA) and until the scope of works approved therein have been implemented where possible The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination andor pollution of controlled waters It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the sites existing status and proposed new use Two full copies of the site investigation and findings shall be forwarded to the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo If during development contamination not previously considered is identified then the LPA shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the LPA

Reason To ensure all contamination within the site is dealt with

22 Where the risk assessment identifies any unacceptable risk or risks an appraisal of remedial options and proposal of the preferred option to deal with land contamination andor pollution of controlled waters affecting the site shall be submitted to and approved by the LPA No works other than investigative works shall be carried out on the site prior to receipt and written approval of the preferred remedial option by the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo

Reason To ensure the proposed remediation plan is appropriate

23 Remediation of the site shall be carried out in accordance with the approved remedial option No deviation shall be made from this scheme without the express written agreement of the LPA

Reason To ensure site remediation is carried out to the agreed protocol

Development Control Committee 40 of 100 Date printed 9 November 2011

24 On completion of remediation two copies of a closure report shall be submitted to the LPA The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s) Post remediation sampling and monitoring results shall be included in the closure report

Reason To provide verification that the required remediation has been carried out to the required standards

25 Development shall not begin until a detailed scheme for the provision implementation ownership and maintenance of the surface water drainage for the site in accordance with the additional response to the Environment Agency objection Environmental Infrastructure amp Flood Risk undertaken by RPS (ref ABA5007 revision A dated 26 September 2011) has been submitted to and approved by the local planning authority The detailed scheme shall be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storage of disposal of surface water from the site and to ensure future maintenance of the surface water drainage system

26 No development shall take place until the applicant or their agents or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority

Reason To ensure that features of archaeological interest are properly examined and recorded in accordance with PPS5 Policy HE12

27 No construction works that cause noise to be audible outside the site boundary shall take place outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays This includes deliveries to the site and any work by contractors or sub contractors

Reason In the interests of residential amenity

28 Prior to the commencement of any part of the development hereby permitted a Construction Management Plan shall be submitted to and approved in writing by the local planning authority The Construction Management Plan shall include and specify the provision to be made for the following

i Overall strategy for managing environmental impacts which arise during construction ii Measures to control the emission of dust and dirt during construction iii Control of noise emanating from the site during the construction period iv Hours of construction work for the development and hours that construction traffic shall

access and egress the site v Contractorsrsquo compounds materials storage and other storage arrangements cranes and

plant equipment and related temporary infrastructure vi Designation layout and design of construction access and egress points viiInternal site circulation routes viii Directional signage (on and off site) ix Provision for emergency vehicles x Provision for all site operatives visitors and construction vehicles loading and unloading

plant and materials xi Provision for all site operatives visitors and construction vehicles for parking and turning

within the site during the construction period xiiDetails of measures to prevent mud and other such material migrating onto the highway

from construction vehicles xiii and other similar debris on the adjacent public highways xiv Routing agreement for construction traffic xvStorage of plant and materials used in constructing the development

Development Control Committee 41 of 100 Date printed 9 November 2011

xvi Enclosure of phase or development parcel development sites or development parcels and the erection and maintenance of security hoarding including decorative displays and facilities for public viewing where appropriate

xvii Waste audit and scheme for waste minimisation and recyclingdisposing of waste resulting from demolition and construction works

The approved Construction Management Plan shall be adhered to throughout the construction period and the approved measures shall be retained for the duration of the construction works

Reason In the interests of safety and local amenity

29 Prior to the commencement of each part of the development a lighting scheme for the relevant part of the development shall be submitted to and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these approved details

Reason In the interest of amenity and crime prevention

30 Prior to the commencement of development a scheme and timetable for the provision of fire hydrants shall be submitted to and agreed in writing by the local planning authority and provision of fire hydrants shall be made in accordance with the scheme and timetable

Reason To ensure a satisfactory form of development

31 Each reserved matters submission shall include full details of hard and soft landscape works for that part of the scheme These details shall include the proposed finish levels or contours means of enclosure car parking layouts other vehicle and pedestrian access and circulation areas bin storage and hard and soft surfacing materials All hard and soft landscape works shall be carried out in accordance with the approved details The works shall be carried out prior to the occupation of the relevant part of the development or in accordance with a programme agreed in writing by the local planning authority All planting seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting seasons following the occupation of the buildings or the completion of the development whichever is the sooner and any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the local planning authority gives written approval to any variation

Reason In the interest of visual amenity

Informatives

1 In approving this application the content of the submitted Environmental Statement has been taken into account The relevant planning guidance and policies were identified as PPS1 PPS4 PPS7 PPS9 PPG13 PPS22 PPG24 PPS25 East Midlands Regional Plan Policies 1 2 11 18 20 21 22 North Northamptonshire Core Spatial Strategy 2008 policies 1 8 9 11 13 and 14 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development mix of uses employment creation impact on highways sustainable transport righs of way designlandscape impact landscaping noise ecology flooding archaeology and sustainability The application has been approved as

The principle of the development is acceptable when weighing all planning policies and material considerations

the impact of the proposal on the vitality and viability of existing centres would be minimal

Development Control Committee 42 of 100 Date printed 9 November 2011

The proposal would give significant benefits to the district particularly in respect of local employment creation and economic regeneration

The proposal would not have an unacceptable impact on the local or strategic highway network

The development would not cause significant harm to the visual amenity or character of the area

The proposal would not have a significant impact on the amenities of neighbouring occupiers

The proposal would be accessible by means of transport other than the car

2 Guidance on the sustainable use of soil resources can be found in Defra Construction Code of Practice for the Sustainable Use of Soils on Construction Sites (see httpwwwdefragovukpublicationsfilespb13298-code-of-practice-090910pdf)

3 The proposed surface water scheme should be in accordance with the additional response to Environment Agency objection Environmental Infrastructure amp Flood risk (ref ABA5007 revision A dated 26 September 2011) which restricts run-off to Qbar If the developers wish to pursue the alternative strategy of restricting the sit to Q30 further discussion will be required given the historic nature and lengthy background to Warth Park and works to Hogs Dyke

4 The highway proposals associated with this consent involve works within the public highway which is land over which the developer has no control The Highways Agency therefore requires the developer to enter into a suitable agreement to cover the design and construction of the works Please contact Mr Alan Darby of the Agencys Area 7 network Delivery and Development Directorate 0121 687 4165 at an early stage to discuss the details of the highway agreement

5 A Site Waste Management Plan will be required for the development hereby approved

6 Notwithstanding the terms of this planning permission a separate application under section 257 of the Town And Country Planning Act for a Diversion Order in relation to the public right of way known as UG39 must be made and approval granted before any development can proceed

7 The plans to which this decision relates are

Development Control Committee 43 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 25 October 2011

Case Officer Carolyn Tait EN1101054FUL

Date received Date valid Overall Expiry Ward Parish 7 July 2011 7 July 2011 1 September 2011 Rushden Bates Rushden

Applicant Mr And Mrs N Richards

Agent Sidey Design Architecture

Location 169 Bedford Road Rushden Northamptonshire NN10 0SA

Proposal Single storey side extension to existing annex (Resubmission of 1100425FUL)

This application is brought before Development Control Committee at the request of a local Ward Member

1 Summary of Recommendation

11 That permission be REFUSED

2 The Proposal

21 This application is a re-submission of a previously refused scheme for the erection of a single storey side extension to an existing annex The previous application was refused for being tantamount to the creation of a separate dwelling in the open countryside which would have appeared out of character with the prevailing built form which is characterised by large dwellings set in spacious plots It was also refused as the rear wing of the house would have been out of proportion with the original dwelling which would have resulted in an unacceptable impact on the character and appearance of the surrounding area the open countryside and the host dwelling

22 The previous extension reference 1100425FUL measured approximately 9 metres in length by 63 metres in width by 47 metres in height and accommodated a kitchen a dining area a bedroom a wet room and a closet This proposal would measure approximately 5 metres in length by 63 metres in width by 47 metres in height and would accommodate a bedroom a studio room a shower room and a large closet

3 The Site and Surroundings

31 The application site accommodates a detached dwellinghouse set back 232 metres from the A6 (Bedford Road)

32 The dwelling already has a single storey rear extension which accommodates a lounge a kitchenette a shower room and a bedroom

33 Nearby dwellings are parallel to the A6 but differ in their character and appearance

Development Control Committee 44 of 100 Date printed 9 November 2011

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS7 ndash Sustainable Development in Rural Areas

42 East Midlands Regional Plan Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development On 10th November 2010 the High Court ruled that the Secretary of States decision to

revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements Policy 9 ndash Distribution and Location of Development Policy 13 General Sustainable Development Principles

44 East Northamptonshire Local Plan RU2 ndash Provision for residential infilling in the Avenue Road area of Rushden

45 Supplementary Planning Guidance Residential Extensions and Alterations Design Guide

46 Other Documents The Three Towns Plan Preferred Options Document

5 Relevant Planning History

51 0300377FUL Single storey rear extension PERMITTED

52 1100425FUL Single storey extension to existing annex REFUSED The two refusal reasons were as follows

bull The proposed extension would by virtue of its internal layout and scale be tantamount to the creation of a new dwelling in the open countryside and therefore is contrary to PPS7 A separate dwelling in this location would appear out of character with the prevailing built form which is characterised by large dwellings set in spacious plots bull The proposed extension by reason of its scale bulk design and cumulative impact would result in the rear wing of the house being out of proportion with the original dwelling This would have an unacceptable impact on the host dwelling on the character and appearance of the surrounding area and on the open countryside and therefore is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy and the Supplementary Planning Guidance for Residential Extensions and Alterations Design Guide

This most recent application has been re-submitted to try and overcome these two reasons for refusal

6 Consultations and Representations

61 Neighbours No comments received

Development Control Committee 45 of 100 Date printed 9 November 2011

62 Town Council No objection

63 Site notice posted 25 July 2011 on a post at the entrance to the site

64 A letter was received from the applicantrsquos agent on 17 August 2011 to support the application and can be summarised as

bull A new application was submitted on 5 July 2011 reference 1101054FUL with a reduced depth to the single storey extension The original host dwelling is a two storey four bedroom property with rear wing that was built in the 1920s The original two storey annex was applied for and approved in 2003 (0300377FUL) It was built during 2004 The depth of the host dwelling is 176 metres The depth of the extended annex is 104 metres The annex extension is less than 5 metres in depth and is single storey It is proposed to have a lower ridge than the existing annex and is propose to be treated with shiplap boarding in contrast with the existing extension and in keeping with an existing detached outbuilding in the grounds It is a large plot and the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area

bull Strongly believe that both the original proposal and the resubmitted proposal are not contrary to PPS7 or Policy 13h of the North Northamptonshire Core Spatial Strategy

bull It appears that the main reason for the previous refusal is the perception of the creation of an additional dwelling in the open countryside This could be dealt with by condition or a legal agreement

bull A recent planning appeal decision APPL3245D112151635 was allowed This application was for additional annex accommodation to a property located in open countryside The decision was given in favour because the Inspector confirmed that a suitable condition could be put in place in accordance with circular 1195

bull Strongly believes that this current application should be given due and proper consideration in light of this appeal decision

bull The proposal complies with Policy 13h of the North Northamptonshire Core Spatial Strategy in that it is a quality design subservient to the original property

bull The applicant would be willing to accept a condition or enter into a Section 106 agreement should it be necessary to ensure the annex remains ancillary to the main dwelling With a suitable condition the proposal would comply with PPS7 as it would not form a separate dwelling in the open countryside

bull Permission has recently been granted for two two storey annexes in Wellingborough WP20110023F and Rugby R102116 Both of these had self contained accommodation and were in the open countryside The retention as an annex was dealt with by way of a condition

7 Evaluation

71 The following considerations are relevant to the determination of this application

72 Principle of development Tantamount to the creation of a separate dwelling

721 The site is located outside of the built up area of Rushden as identified in the adopted Local Plan and the Three Towns Plan Preferred Options Document It is within ribbon development built along Bedford Road The character of the area remains one dominated by dwellings in linear form each fronting the highway despite the precise set back of dwellings being varied

Development Control Committee 46 of 100 Date printed 9 November 2011

722 Whilst the proposal is described as an extension to a dwelling due to the size internal layout and layout of the site it would be tantamount to the creation of a separate dwelling and needs to be assessed as such

723 This application has reduced the size of the proposed extension as well as altering the internal layout since the previously refused application This proposal no longer includes a kitchen or a dining room

724 Despite the amendments the proposal is still considered to be tantamount to the creation of a separate dwelling as it would accommodate a bedroom closet and shower room These would be directly linked to the existing internal arrangements which comprise a lounge kitchenette shower room wc lobby and utility area with an upstairs studio room (that could become a second bedroom) This accommodation is in addition to the internal arrangement of the main dwelling It would be easy to section off an area of the private garden as both the lounge and proposed bedroom would have separate entrance and back doors The proposed accommodation would be in excess of what would be typical from a linked and dependant annex The accommodation could also be considered more extensive then many new dwellings By simply closing off an internal door this could create an independent dwelling in its own right with no dependence on the main dwelling The proposal would be within the open countryside and would be independent from the main dwelling as it would not rely upon any of the facilities of the main house

725 Case law states that for a building to be incidental the function of the space provided must be subordinate to the basic or primary accommodation to be expected at a dwellinghouse rather than being an incident of that main use Thus a building which is to contain facilities such as a lounge kitchenette two shower rooms lobby utility room and two bedrooms is not considered to be incidental to the enjoyment of a dwellinghouse and as such forms a separate unit

726 The applicantrsquos agent states in their comments that a condition could be added to any permission granted to ensure that the proposal remains ancillary to the existing dwelling The agent made reference to an appeal APPL3245D112151635 and states that this appeal was allowed because the Inspector felt that a condition could be added to restrict the proposal from becoming a separate residential unit A copy of the appeal decision can be found at Appendix 1

727 This was an application which sought planning permission to convert the ground floor garage space of an annex into additional living accommodation without complying with a condition attached to planning permission 108860P The condition in dispute stated that lsquoNotwithstanding the provisions of Part 1 of the Town and Country Planning General Permitted Development Order 1995 the garage area of the barn shall not be used as overspill residential accommodation without the prior consent of the District Planning Authorityrsquo

728 The Inspector allowed the appeal and granted planning permission for the conversion of the ground floor garage space with a condition that it remain ancillary to the residential use of the main dwelling

729 The Inspector considered that a condition could be added for the accommodation to remain as ancillary to the main dwelling as it was not possible for it to become a separate dwelling He considered that the creation of a separate dwelling at the appeal site would not be in a sustainable location and that creating a separate dwelling would not be practical The Inspector considered that the annex would not have had enough amenity space to function comfortably as a separate dwelling The Inspectorrsquos opinion was that this would have significantly reduced the likelihood that the barn could have been successfully used as an independent property

Development Control Committee 47 of 100 Date printed 9 November 2011

7210 It is considered that this current application at 169 Bedford Road could be converted into a separate dwelling for the reasons given at paragraph 724 It would have sufficient amenity space parking space and the internal layout would allow it to function independently from the main dwelling Therefore in this instance a condition would not be appropriate as an application could be submitted at a later date for a separate dwelling and the local planning authority would have difficulty refusing it because of the building already being in existence As such this proposal can not be compared to the appeal decision which the applicantrsquos agent has referred to

7211 The applicantrsquos agent also refers to two other recent decisions one in Wellingborough and one in Rugby However each application is treated on its individual merits and for the reason stated at paragraph 7210 the proposal can not be permitted subject to a condition for the proposal to remain ancillary to the existing dwelling

Planning Policy

7212 Policy 9 of the North Northamptonshire Core Spatial Strategy states that development in the open countryside will be strictly controlled and that priority will be given to the reuse of suitable previously developed land and buildings within the urban areas followed by other suitable land in urban areas Despite being within the curtilage of an existing dwelling the proposal would not be sited within the existing built up area and is therefore considered to extend into the open countryside to the rear

7213 Policy RU2 of the East Northamptonshire Local Plan states that planning permission will normally be granted for residential infilling or redevelopment in Bedford Road Avenue Road and Newton Road where it relates to land within the built up area has a frontage to the highway and a depth similar to adjoining residential curtilages and does not result in a backland form of development Whilst the proposal is within the built up area of the Bedford Road it would not comply with this policy as it would not have a highway frontage would not be of a depth similar to adjoining residential curtilages and would result in backland development

7214 Whilst each application is treated on its individual merits the following appeal decision was one that was dismissed at 84 Avenue Road Rushden on 30 June 2008 (APPG2815A072061769) A copy of this appeal decision can be found at Appendix 2 Members should take this decision into account when determining the current proposal as it relates to Policy RU2 of the East Northamptonshire Local Plan

7215 The proposal was for a separate annex to the rear of an existing dwelling It was refused because the annex by nature of its location scale siting design and use would have resulted in and adverse impact on the character and built form of the settlement and would have had an unacceptable intrusion upon the open countryside

7216 The proposal was considered contrary to Policy RU2 of the Local Plan and PPS1 and PPS7 In addition to these policies it was considered contrary to GEN2 and H21 of the Local Plan However these policies are no longer saved The Inspector stated that the proposed development would not have met the criteria of Policy RU2 as it would have created backland development would not have had a highway frontage and would not have had a depth of plot similar to neighbouring development He went on to state that the proposed development would not have been sited within the built up area despite being proposed within the curtilage of the existing dwelling

7217 The site had an open character to the rear and consequently the Inspector considered that due to the proposals scale and design it would have intruded visually in a harmful way into the countryside area at the rear of the development The Inspector concluded that the proposal would have had a harmful effect on the character and appearance of the area and would not have conformed with RU2 of the Local Plan

Development Control Committee 48 of 100 Date printed 9 November 2011

7218 The applicantrsquos agent strongly believes that the proposal is in accordance with PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy PPS7 states that local planning authorities should strictly control new house building (including single dwellings) in the countryside away from established settlements or from areas allocated for housing in development plans This proposal would result in a new dwelling in the open countryside away from the main settlement of Rushden and as such is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping respect and enhance the character of its surroundings and be in accordance with the environmental character of the area The proposal would result in backland development which would not respect or enhance the character of its surroundings and as such would be contrary to Policy 13h of the North Northamptonshire Core Spatial Strategy

73 Visual impact 731 The second reason for refusal on the previous application related to the proposals scale bulk design and cumulative impact and the visual harm that would have been caused on the character and appearance of the surrounding area open countryside and the main dwelling

732 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping and that it should respect and enhance the character of its surroundings and be in accordance with the environmental character of its surroundings

733 The proposed extension would increase the size of the host building but not to a scale or extent which would appear overwhelming in the context of the whole site It would remain physically subservient to the existing extension and as such would be in accordance with the Residential Extensions and Alterations Design Guide However the potential use as an independent dwelling would be out of character with the prevailing built form which is characterised by large dwellings set in large plots which front Bedford Road This would be to the detriment of the wider surrounding area and contrary to advice in PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy

734 The applicantrsquos agent has commented that the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area However it is felt that the size of the proposal would lead to the creation of a dwelling within the open countryside which would be contrary to planning policy

74 Neighbouring amenity 741 Due to the scale nature and location of the extension it would not affect neighbours in terms of overlooking overshadowing or overbearing

8 Other issues

81 Adequate private amenity space would remain

82 Crime and Disorder - This application does not raise any significant issues

83 Access for Disabled ndash The proposal would not be subject to any public access and therefore does not raise any concerns

9 Recommendation

91 That permission be REFUSED for the following reasons

Development Control Committee 49 of 100 Date printed 9 November 2011

10 ConditionsReasons -

1 The proposed extension would by reason of its internal layout size and positioning be tantamount to the creation of a separate dwelling in the open countryside It would be contrary to PPS7 which aims to protect the open countryside for itrsquos own sake A separate dwelling in this location would create a form of backland development away from the built up area of Rushden and as such would appear out of character with the existing ribbon development along the Bedford Road which is characterised by large dwellings in spacious plots which face the highway The proposal would therefore be contrary to PPS7 Policies 1 9 and 13h of the North Northamptonshire Core Spatial Strategy and Policy RU2 of the East Northamptonshire Local Plan

Informatives

1 The drawings to which this decision relates are as follows Plans received by the local planning authority on 7 July 2011 drawing number 11-020-

01 Existing and proposed plans and elevations site and location plans

Development Control Committee 50 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 26 October 2011

Case Officer Sue Wheatley EN1101102FUL

Date received Date valid Overall Expiry Ward Parish 18 July 2011 29 July 2011 28 October 2011 Thrapston Lakes Thrapston

Applicant MREF II PM Ltd Co Moorfield Group Ltd

Agent Katie Brown - Street Design Partnership

Location Plots 11 To 14 Haldens Parkway Thrapston Northamptonshire NN14 4QS

Proposal Proposed extension to existing distribution building with associated parking landscaping and temporary construction access

This matter is brought before the Development Control Committee due to the amount of floor area proposed

1 Summary of Recommendation

11 That permission be GRANTED

2 The Proposal

21 This is a full application for a 13540 square metre extension to the Primark distribution depot The existing floorspace is 57713 square metres The extension is located along the northern and approximately half of the eastern side of the existing building The proposal will require the width and height of the existing landscape bund to be reduced Further details of this are provided within section 79 of this report It is proposed that the cladding for the extension be graduated from dark to light from ground to sky Three new dock leveller doors are proposed in the north western elevation and one in the south east elevation

23 The application was accompanied by the following documents

bull Planning Statement and Economic Justification bull Primark Operational and CSR Statement bull Design and Access Statement bull Transport Assessment (TA) bull Flood Risk Assessment (FRA) bull Protected Species Survey bull Landscape Report bull Landscape Management Report

24 It is advised that the application has been submitted as a direct response to Primarkrsquos operational needs The depot which is operated in conjunction with DHL is one of two which serves the whole of the countryrsquos retail outlets It is already we are advised operating over capacity and further space is needed to meet Primarkrsquos next phase of UK expansion

Development Control Committee 51 of 100 Date printed 9 November 2011

25 The Design and Access Statement indicates that Primark has sought to balance the need to protect long distance views towards the site against the internal spatial requirements of the business They advise that the efficient operation of a distribution centre dictates how a building needs to be laid out The building includes racking lines which have been designed to optimise picking of goods These are 115m high 275m wide with an operating aisle of 3m

26 During the course of the consideration of the application an Addendum to the TA was submitted together with revised drainage information

3 The Site and Surroundings

31 The application site is on the edge of an existing industrial park known as Haldenrsquos Parkway which is located at the entrance to Thrapston There are industrial units to the west but open countryside immediately to the north and east although there is currently gravel extraction taking place on the land to the east There is a residential property Rectory Farm Bungalow to the east as well

32 The site is visible from both the road that goes to Titchmarsh (Ran Way) and also from the A605

4 Policy Considerations

41 National Planning Policy Guidance

PPS1 - Sustainable Development PPS4 - Planning for Sustainable Economic Growth PPS9 ndash Biodiversity and Geological Conservation

PPG13- Transport PPS23 ndash Planning and Pollution Control PPG24- Planning and Noise PPS25- Development and Flood Risk

42 East Midlands Regional Plan

Policy 1 ndash Regional Core objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 11 ndash Development in the Southern Sub-Area Policy 18 ndash Regional Priorities for the Economy Policy 20 ndash Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 28 ndash Regional Priorities for Green Infra-structure Policy 29 ndash Priorities for enhancing the Regionrsquos Biodiversity Policy 30 ndash Regional Priorities for Managing and Increasing Woodland Cover Policy 31 ndash Priorities for the Management and Enhancement of the

Regionrsquos Landscape Policy 35 ndash A Regional Approach to Managing Flood Risk Policy 39 - Regional Priorities for Energy Reduction and Efficiency Policy 43 ndash Regional Transport Objectives

MKSM Northamptonshire SRS Northamptonshire 1 ndash The Spatial Framework

Ministerial Statement Planning for Growth

Development Control Committee 52 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy

Policy 1- Strengthening the Network of Settlements Policy 5 - Green Infrastructure Policy 6 ndash Infrastructure Delivery and Developer Contributions Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution and Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development Policy 4 ndash Green Infra-structure Policy 5 ndash Transport Network Policy 7 ndash Flood Risk Policy 11- Enhancing Biodiversity Policy 12 ndash Considerate Construction Policy 16 ndash Protected Employment Areas Policy THR4- Relocating Existing Businesses around Thrapston

45 Northamptonshire County Structure Plan

No relevant saved polices

46 East Northamptonshire District Local Plan Any policies have now been superseded by the RNOTP

47 Supplementary Planning Guidance Planning Out Crime Adopted (February 2004) Parking Adopted (March 2003) North Northamptonshire Sustainable Design SPD( March 2009)

5 Relevant Planning History

51 The building was previously occupied by IKEA

52 There is a current planning application for a relocated cattle market on the land to the north(ref 1101240FUL)

6 Consultations and Representations

61 Neighbours ndash The occupiers of Rectory Farm Bungalow comment that

bull they already have to endure sleepless nights with the noise from the endless shunting and related movements of vehicles through the night and the noise omitted from the warehouse and that the extension being on ldquotheir siderdquo will bring more disruption

bull Express concern about fire risk bull It is unnecessary to destroy the established and effective bund of trees(which will never

recover to its present form) when there is an existing access

62 Neighbours- 8 letters of support although many of these live some distance from the site

bull Will create employment

Development Control Committee 53 of 100 Date printed 9 November 2011

63 Thrapston Town Council ndash No objection

64 Titchmarsh Parish Council ndash Make the following comments

ldquoDevelopers to ensure that the external landscaping is improved and maintained In addition ensure that traffic leaving the temporary entrance leaves the site by turning right only and access to the site is only via Huntingdon Road Temporary signage to be placed on the A605 prohibiting construction traffic entering the villagerdquo

65 Highways Agency- No objection

66 Local Highway Authority ndash Advised that inadequate information had been provided and made the following comments in relation to the application as originally submitted

bull As an earth bund is being removed details of the cubic capacity of the soil to be removed and associated lorry movements are required

bull Details of the construction compound are required bull Additional disabled parking is required bull Off ndashsite highway works are required to Ran Way A ldquoswept pathrdquo analysis needs to be

carried out to demonstrate what is required bull A carriageway condition survey will need to be carried out before and upon completion

of works bull A daily log will need to be kept of vehicles bull A suitable turning facility for buses is required bull The ldquoCounty Connectrdquo operating hours need to be extended to arrive at the site by 600

am and leave after 700 pm

An addendum to the TA was submitted and the Local Highway Authority made the following comments in response to this and advised that it has no objection subject to the imposition of conditions

bull The LHA is reasonably content that the revised technical data addresses the points of concerns originally raised

bull The LHA is content with the construction access details within Ran Way and the passing bays to facilitate construction vehicles either entering or emerging from the site to access the A605 via Huntingdon Road

bull Further details are required to identify off-site accommodation works to prevent vehicles turning left when emerging from the site within Ran Way Huntingdon Road

bull Cantilever bus shelters with flag sign posts are to be provided to aid the promotion of the submitted ldquoTravel Planrdquo within Huntingdon Road to reduce private car journeys

bull As an additional measure off-site footway kerbing and construction works are proposed to aid the safe passage of pedestrian movement within Huntingdon Road on the eastern side of the vehicle access point

bull The use of the temporary construction vehicle access and passing bays shall be formed prior to the commencement of construction works unless alternative vehicle access arrangements can be promoted utilising the existing vehicle access facilities In any event all construction vehicles shall turn right either onto Ran Way or Huntingdon Road when emerging from the development site

bull The promotion of extending the footway in addition to the promoted footway works to aid the safe passage of pedestrian movement throughout the frontage of the development site within Huntingdon Road and Ran Way can be considered If the Planning Authority considers that the request for extending the footway into along Ran Way reasonable and proportionate then the Highway Authority would not object to the promotion and construction of such an approved pedestrian facility All costs to be borne by the developer and at no cost to either authority

Development Control Committee 54 of 100 Date printed 9 November 2011

67 Environment Agency ndash Initially expressed concern that the Flood Risk Assessment (FRA) did not adequately demonstrate that surface water could be managed without increasing flood risk Further information was submitted and the Environment Agency have now confirmed that they have no objection to the application subject to the imposition of a condition in relation to surface water drainage

68 Natural England ndash No objection having regard to the standing advice and the submitted Protected Species Survey

69 Wildlife Trust ndash Have provided information regarding a mitigation scheme that can be implemented in relation to Titchmarsh Nature Reserve

610 Conservation Officer (TPO) ndash makes the following comments

bull The planting on the existing bund is of varying quality and is very sparse in places The eastern bund is dominated by semi-mature Laurel(planted on the top) with a mix of broadleaved trees (Oak Field maple and Birch) which have shown poor to reasonable growth

bull The remodelling of the bund would reduce itrsquos height by between 47m and 33m on the northern side and 3m on the eastern bund The re-modelled bund is proposed to be 55 to 16 metres wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

bull As a result of the re-modelling almost all of the existing trees will be removed I have some concerns about the loss of some of the better quality broadleaf trees particularly the Lime and Oak and suggest that consideration is given to re-planting these

bull The proposed planting includes re-planting of the bottom hedge where required with the main slopes having an understorey of native woodland whip planting with interspersed standard trees The submitted details refer to the use of pre-seeded matting to combat erosion of the new slopes and confirmation is required that the woodland planting would be planted within this

bull The visual information submitted with the application demonstrates that the site is most visually prominent when viewed from the immediate north and north east with distant views from the north west The reduction of the bund and removal of existing vegetation will add to the prominence of the building in the short term

bull However the proposed planting is substantially better than existing and providing that it takes and is managed in accordance with the submitted Landscape Management report will create a similar planted effect to that which is present The planting mix is more comprehensive which will result in denser planting over time It is likely that the new planting would take between 5 and 10 years ( minimum) to create a suitable screen The future views of the building are likely to be similar to those at present after this time

611 Environmental Health (Contamination) ndash No objection but recommend an informative to draw the applicantrsquos attention to the fact that there is a landfill site within 250m

612 Environmental Protection (Noise) ndashthe original conditions for the warehouse from EN9700283FUL relating to environmental issues should be transposed onto any new permission granted These include condition numbers 2 3 13 and 14 Whilst conditions 15 16 17 18 and 19 relate to matters regulated by the Environment Agency it would be prudent for these to also be transposed to any new permission

Development Control Committee 55 of 100 Date printed 9 November 2011

The following further conditions are also recommended

Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays

There is no information provided on any ventilation or extraction to the new extension Therefore if you feel it is appropriate a further condition should be added to control noise from any such system

Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There should be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

The records held by Environmental Protection in relation to noise complaints confirm that there have been no complaints about activities from the site Previous Condition 13 is designed to protect local residents from noise from activities at the site and should complaints be received then activities would be monitored to ensure that the site is compliant with that condition This states

ldquoNoise from activities within the building(measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level(measured at L A90 30 min) by more than 5dba(A)rdquo

613 Anglian Water ndash Any comments received will be reported on the Update Sheet

7 Evaluation

71 Principle of Development

711 Policy EC 101 in Planning Policy Statement 4 advises that Local Planning Authorities should adopt a positive and constructive approach towards planning applications for economic development and that planning applications that secure sustainable economic growth should be treated favourably

712 One of the main thrusts of the North Northamptonshire Core Spatial Strategy is to deliver economic prosperity Policy 8 identifies the net increase in jobs that will be required to maintain a balance between homes and jobs Thrapston is identified under Policy 1 in the Core Spatial Strategy as a rural service centre and Policy 1 of the RNOTP indicates that to support the role of service centres the employment and service base of such settlements will be expanded

Development Control Committee 56 of 100 Date printed 9 November 2011

713 Paragraphs 395 ndash 399 of the North Northamptonshire Core Spatial Strategy considers the role that distribution has played in the past in the area It is highlighted that whilst it has created jobs it has involved the use of large areas of land put significant demands on transport infra-structure and involved large buildings that have often been visually intrusive

714 Policy 11 indicates that large scale strategic distribution is to be concentrated at the rail linked Euro-hub site in Corby and that other distribution sites should be located close to the strategic road network The site is located at the junction of the A14 and A45 trunk roads

715 Paragraph 398 also highlights that smaller distribution development should be in locations and of a scale where buildings are not visually prominent unless they are of exceptional design and build quality Buildings it is advised should be sensitively designed to reduce the impact on the local landscape and townscape and achieve high developments should contribute towards enhancing the wider Green Infrastructure network The impact on the landscape is considered in section 78 the design and sustainability of the building in section 72

716 Primark advise that the company currently employs 326 permanent members of staff at Thrapston of which all but one work full time 34 of employees live in the Thrapston Raunds and Rushden area and virtually all live within a 15 mile radius A further 115 agency and contractor staff are employed There is also some indirect employment from the business as catering and cleaning are subcontracted

717 Primark also highlight that their employees have an onsite library and computer room and that the company has offered training programmes in the form of language courses and that employees are also encouraged to study for NVQs in conjunction with Peterborough College in subjects such as administration and management The company also draws attention to its work in the community

718 The company leases the site and has advised that if it does not obtain planning permission for the extension it will need to consider relocating to a cheaper area which would be outside Northamptonshire They advise that there is an optimal size for distribution centres which is just under 74000 square metres Beyond this size there are operational disbenefits and that therefore they would not need to seek permission for further extensions Any future expansion would require the addition of a third distribution centre

719 They advise that if permission is granted it will enable them to sign a lease for a further 15 years and that an additional 35 permanent full time jobs and a further 95 agency jobs would be created They further advise that where possible Primarkrsquos preference is to employ local people

7110There are significant economic benefits associated with this proposal It is to enable the expansion of an existing business on an existing employment site and would retain employment and generate additional employment However PPS4 and local policy does make it clear that the impacts of economic development proposals still need to be considered Policy EC 102 in particular sets out that planning applications for economic development should be assessed against the following considerations

a) whether the proposal has been planned over the lifetime of the development to limit carbon dioxide emissions and provide resilience to climate change b) the accessibility of the site by a choice of means of transport the effect on local traffic and congestion c) whether the proposal secures a high quality and inclusive design which takes the opportunities available for improving the character and quality of the area

Development Control Committee 57 of 100 Date printed 9 November 2011

d) impact on economic and physical regeneration including impact on social inclusion e) impact on local employment

These issues are considered in the following sections The Ministerial Statement Planning for Growth is also a material planning consideration This indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

72 Carbon emissions and Climate change

721 The North Northamptonshire Core Spatial Strategy indicates that new distribution buildings should be of a high environmental standard It is proposed that the extension be built to the BREEAM very good standard which would comply with Policy 14 in the North Northamptonshire Core Spatial Strategy

722 The Primark site also include its own waste recovery facility where carrier bags and coat hangers from all of their retail outlets are recycled

73 Highway Issues ndash General Background

731 A Transport Assessment (TA) was submitted with the application and this considers the impact on local roads and the trunk road network and the accessibility of the site by walking cycling and public transport The Local Highway Authority requested further information and this was included within an Addendum to the TA and plans have also been submitted to show the proposed off-site highway works The Local Highway Authority has advised that it is reasonably content with this revised information

74 Highway Issues ndash Impact on Trunk Road Network

741 The site is close to the junction of the A45 and A14 and thus is easily accessible to the trunk road network The Highways Agency has raised no objection to the proposal

75 Highway Issues ndash Existing Traffic Movements on Local Roads

751 Concern has been expressed in the past by Members when other applications have been considered for development of the Haldenrsquos Parkway site about the functioning of the roundabout at the junction of Haldenrsquos Parkway and the A605 The TA however includes accident data for the last 5years(2005-2011) and there has only been one slight injury accident on the roundabout and that did not relate to a HGV driver losing control and toppling over onto the verge

752 The TA includes the results from a survey that was carried out of existing traffic movements in January 2001 It notes the following results

bull The peak levels of traffic passing the site along Huntingdon Road are very low There were only 106 two-way vehicle movements observed between 800 and 900 and 75 two-way vehicle movements in the evening peak between 1700 and 1800

bull The two way traffic flows on the goods and car park entrances during the morning peak hours were 2 HGVs and 11 light vehicles and in the evening peak hour there were 16 HGVs and 31 light vehicles There are low levels of flow from the site during peak times due to Primarkrsquos shift patterns

Development Control Committee 58 of 100 Date printed 9 November 2011

76 Highway Issues ndash Parking

761 The existing car park has 226 spaces of which 8 are for visitors and 2 are disabled bays Adjacent to the car park there is a cycle shelter with space for 20 bicycles and 10 motorcycles There is lorry parking for 20 vehicles in an area just beyond the goods vehicle entrance and space for approximately 65 lorries to park along the eastern and western site perimeters

762 The TA advises that a parking survey was carried out in March 2011 between 1330 and 1430 at shift change over time It was observed that the peak level of parking demand was space for 209 cars and vans It was also observed that 68 of persons drove tofrom work at this time

763 The TA notes that none of the existing car and lorry spaces would be lost as a result of the building work but that there would be some re-organisation of spaces It includes a calculation based upon Primarkrsquos planned shift patterns and increase in staff and current journey to work patterns to calculate a new parking demand of 291 cars

764 The TA however also assessed the need for parking generally for B8 uses using the TRICS database and found a need for 320 spaces ( including HGV spaces) It therefore concludes that the predicted demand for 291 spaces for Primark is reasonable

765 The proposal therefore includes an altered car park layout to include 291 spaces 36 cycle spaces and 18 motorcycle spaces are also provided The amount of lorry parking just inside the entrance has been increased from 20 to 37 spaces

766 The Addendum to the TA includes an additional analysis in relation to parking It considers the Parking SPG requirements noting that this requires a maximum provision of one space per 120 sqm of gross B8 distribution floorspace This equates to the need for a maximum of 113 additional parking spaces Only an additional 65 spaces are proposed as part of the application however the Addendum suggests that this is acceptable as it is based upon the operational requirements provided by Primark and is also comparable with TRICS database information from other distribution facilities

77 Highway Issues ndash Local Traffic Impact

771 The TA assumes that the likely impact of the traffic from the development would be a pro-rata reflection of the 23 increase in floorspace( 19 increase in staff levels) It is therefore suggested that the morning peak hour traffic flows are likely to increase from 13 vehicles per hour to 16 vehicles per hour and in the evening from 47 vehicles per hour to 57 All HGVs would travel to and from the A605 avoiding Titchmarsh under an agreed routing restriction

772 The TA indicates that Huntingdon Road has ample capacity to accommodate this increase There would be less than a 05 increase in traffic through the A605Huntingdon Road roundabout (which has morning and evening peak hour entry flows of 2000 vehicles per hour) which it is concluded would be imperceptible

773 The applicant however was asked to undertake further work as the peak hour for the proposed development is at shift change over time rather than the traditional morning and evening peaks A survey was therefore carried out on 14 September 2011 and the results of this are included in the Addendum to the TA It was found that at 200 the busiest time the level of traffic on the busiest arm of the roundabout and the A14 was only 70 of the morning peak flow The Local Highway Authority has advised that it is happy that the Addendum to the TA has addressed the concerns originally raised

Development Control Committee 59 of 100 Date printed 9 November 2011

774 A temporary access is to be provided for construction purposes from Ram Lane No details were initially provided in relation to construction traffic however further details have been submitted as part of the Addendum to the TA This includes a Draft Construction Management Plan The most significant period of construction traffic movement is during the excavation work (It is estimated that approximately 28500 cubic metres of material is to be excavated and removed from the site) which is to be carried out in weeks 0-8 of the build programme and will result in 100 8-wheel lorries coming to and from the site daily The Local Highway Authority has advised that it has no objection to the proposal on the basis of construction traffic

775 The Addendum also includes details of the proposed construction compound and wheel washing facilities as requested by the Local Highway Authority

776 The Local Highway Authority requested that a swept path analysis be carried out for construction vehicles using Ram Lane This has been included in the Addendum to the TA This showed that there will need to be a small amount of widening to Ram Lane to allow vehicles to negotiate the tight bend The Addendum to the TA also highlights that the applicant had agreed with the Local Highway Authority that the existing footpath will be extended by 20m to the east of the car park entrance Plans showing these off-site highway improvement works have been submitted and re-consultation has been carried out

78 Highways Issues ndash Access by Walking Cycling and Public Transport

781 The TA notes that access to the site from Thrapston by pedestrians and cyclists is good It however notes that there is no bus service entering the AIMI Business Park and that even if there were it would be unlikely to suit shift patterns apart from when daytime management and drivers leave at 500pm

782 Primark already has a Travel Plan and the TA includes details of this

783 The Local Highway Authority originally requested improvements to the bus service however subsequently has subsequently agreed that

1 To encourage and facilitate the use of the ldquoCounty Connectrdquo bus service the applicant should fund the provision of a bus stop and shelter in Huntingdon Road

2 Instead of extending the operating hours of the County Connect Service the existing Travel Plan should demonstrate what measures will be taken to encourage modes of transport other than the car particularly by employees needing to travel outside of the County Connect hours ( 0700 to 1900)

These measures can be addressed by the imposition of suitably worded conditions

79 Visual Impact

791 The design of the extension with the coloured banding should help to minimise the impact of the built form although there is a danger that as it a different design solution to the existing building it could appear discordant

792 The most significant concern in relation to this proposal is the impact that it would have on the landscape as the existing landscaped bund is to be remodelled This bund is currently between 5 ndash 65m high and varies in width On the northern boundary it is between 60m and 40m wide The corner of the bund is around 55m wide The bund to the eastern boundary is around 50m wide The proposed remodelling of the bund would result in a reduction in the height of the bund by between 47m and 33m on the northern side and 3m on the eastern side The remodelled bund is proposed to be 55 and 16 meters wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

Development Control Committee 60 of 100 Date printed 9 November 2011

793 As a result of the remodelling almost all of the existing trees would have to be removed The planting on the existing bund is however of varying quality and is very sparse in places The eastern bund is dominated by semi mature Laurel (planted on the top) with a mix of broadleaf trees (Oak Field Maple and Birch) which have shown poor to reasonable growth The existing planting on the northern bund is very sparse in places (with the exception of some developing Lime trees) with poor growth throughout especially on the top and at the western end The whole of the bund appears to be in a constant drought the soil is nutrient poor and much of the planting shows signs of extensive rabbit damage

794 The Councilrsquos tree officer advises that she has some concerns over the loss of some of the better quality broadleaf trees particularly the Lime and the Oak She suggests that consideration is given to the transplanting of these young trees to elsewhere in the site where they can be more benefit The age of the trees is likely to result in successful relocation providing this is undertaken correctly

795 The proposed planting for the remodelled bunds includes replanting of the bottom hedge where required with the main slopes having an understory of native woodland whip planting with interspersed standard trees Reference is made within the planting details to the use of a pre-seeded matting to combat erosion of the newly formed slopes

796 The building is already fairly prominent and the removal of the bund and existing vegetation in the short term medium term will add to its prominence

797 The new planting proposed however as part of the remodelling is substantially better than the existing and providing it takes and is managed in accordance with the submitted Landscape Management Report it will create a similar planted effect to that which is present While the extension to the building will decrease the planted area available the proposed planting mix is more comprehensive which should result in a denser and more diverse landscape screen over time In the longer term therefore views of the building are likely to be similar to those at present

798 Members will therefore need to weigh carefully the requirement to consider economic development proposals favourably against the harmful effect that this proposal will have on the landscape in the shortmedium term

799 Careful management of the landscape works will be key to the long term impact of the development This is considered further in sections 79 and 713 of this report

7910Whilst this Council is currently considering an application for a relocated cattle market on the land to the north of the site this can be given limited weight as it is not a planning commitment

710 Impact on Residential Amenity

7101The nearest residential property to the proposed extension is The Bungalow This property would be 50 metres from the nearest point of the extension and 280 metres from the temporary construction access The occupiers of this property object to the application on the grounds of noise fire risk and removal of the existing landscaped bund

7102There is existing screen planting outside of the application site opposite this bungalow which clearly will remain This will help to mitigate against any visual impact The extension would be to the north of the bungalow and there would be thus no overbearing impact or loss of light

Development Control Committee 61 of 100 Date printed 9 November 2011

7103Environmental Health have been consulted and they have advised that they have not received any complaints about noise from the operation of the warehouse in the past They are satisfied that with the imposition of similar conditions to those imposed on the permission for the original warehouse and additional conditions it will be possible to ensure that noise is kept to an acceptable level

711 Archaeology

7111The County Archaeologist has advised that there is little to no potential for there to be surviving archaeological deposits

712 Contamination

7121Environmental Health have advised that the site is within 250 m of an operational landfill site and waste processing facility but that the waste that is disposed is inert and should not generate significant quantities of landfill gases They however recommend the imposition of an informative to draw the applicantrsquos attention to this

713 Drainage

7131The site is located within Floodzone 1 which has the lowest risk of flooding A Flood Risk Assessment was however submitted with the application as the site area exceeds 1 hectare The management of surface water is the most significant issue in relation to the potential risk of flooding There is currently a balancing pond on the site and surface water discharges into the public sewer at the west of the site The Environment Agency advised that confirmation of the allowable discharges needed to be sought from Anglian Water and also that more detailed modelling and calculations needed to be submitted The applicant provided this information and the Environment Agency have confirmed that they have no objection to the proposal subject to the imposition of the condition which is recommended

714 S106 Contributions and related matters

7141The development is of a size which generates a need for social and community infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7142In considering whether contributions are justified and can be sought Members must have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

Members also need to be mindful that the current basis for seeking contributions is the Councilrsquos SPD in relation to developer contributions

Development Control Committee 62 of 100 Date printed 9 November 2011

7143It is very unusual to agree to the removal of an existing landscaped bund that was put in place to protect the visual amenity of the area and has despite its poor quality become a suitable habitat for birds It is on this basis that an ecological mitigation contribution has been sought The Wildlife Trust have provided a schedule of works that they need to undertake to the Titchmarsh Nature Reserve and suggested that these would cost pound38500 Whilst the developer has confirmed agreement to payment of a contribution to cover the schedule of works they have asked that this be specified as a maximum sum in the S106 Agreement and that tenders should be sought for the work This would be acceptable and wording to this effect can be included within the S106 Agreement

7144In addition the developer has agreed to provide a bus stop and shelter and extend the footpath for 20 metres These matters can be dealt with by the imposition of a suitably worded condition rather than through a S106 Agreement

7145At pre-application stage the developer gave a presentation to Members about their proposal At this the possibility of extending the footpath around the tight bend in Ran Way was raised The developer however has advised that unless the Local Highway Authority consider that they could make a case for the provision of this then they are not prepared to extend the footpath any more than the 20 metres that has been agreed Discussions have been held with the Local Highway Authority however they do not consider that there would be any justification for seeking any further extension to the footpath ( They have advised that it is likely that this would cost in the region of pound160 per linear metre)

8 Other Issues

81 Crime and Disorder ndash No issues emerge

82 Access for Disabled ndash Any issues can be dealt with under building regulations

83 Fire hazard - The neighbour has expressed concern that the extension would be a fire hazard Building regulations consider the proximity of works to site boundaries and would ensure that there would not be a fire hazard from the extension

9 Recommendation

91 That permission be GRANTED

10 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Prior to the commencement of development details of the wall cladding including its colour shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with these approved details

Reason In the interest of visual amenity

3 The extension shall achieve the BREEAM Code very good and shall not be occupied until a certificate has been issued for it certifying that this standard has been achieved

Reason To ensure the sustainable construction of the extension in accordance with Policy 14 in the North Northamptonshire Core Spatial Strategy

Development Control Committee 63 of 100 Date printed 9 November 2011

4 All foul sewage or trade effluent including cooling water containing chemical additives or vehicle washing water including steam cleaning effluent shall be discharged to the foul sewer

Reason To prevent pollution of the water environment

5 All fuel oil or chemical storage tanks buildings ancillary handling facilities and equipment including pumps and valves shall be contained within an impervious bunded area of at least 110 of the tank capacity designed and constructed to the satisfaction of the local planning authority

Reason To prevent pollution of the water environment

6 All drums and small containers used for oil and other chemicals shall be stored in bunded areas which do not drain to any watercourse surface water sewer or soakaway

Reason To prevent pollution of the water environment

7 Vehicle loading or unloading bays and storage areas involving chemicals refuse or other polluting matter shall not be connected to the surface water drainage system

Reason To prevent pollution of the water environment

8 Surface water from impermeable vehicle parking areas and service areas shall be passed through a storm bypass oil interceptor It must be designed to receive flows up to 50mmhour from the connected area with all flows up to 5mmhour rainfall passing through the interceptor and receiving minimum 6 minutes retention in each interception chamber

Reason To prevent pollution of the water environment

9 Before any work is commenced on the development hereby permitted full details of all proposed floodlighting installations and including a supporting lighting engineers report justifying the installations shall have been submitted to and approved by the local planning authority The development shall thereafter be carried out in accordance with the details so approved

Reason To ensure a satisfactory standard of development which does not adversely affect the amenity of the area

10The means of illumination shall be so screened such that it does not cause glare to drivers on the adjoining highway or to the occupants of adjoining residential properties

Reason In the interest of highway safety and residential amenity

11Noise from activities within the building (measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level (measured at L A90 30 min) by more than 5db (A)

Reason In the interest of residential amenity

12Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

Reason In the interest of residential amenity

13During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours

Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays Reason In the interest of residential amenity

Development Control Committee 64 of 100 Date printed 9 November 2011

14Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There shall be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

Reason In the interest of residential amenity

15Prior to the commencement of development a site waste management plan shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with this site waste management plan

Reason In the interest of sustainability and to ensure the appropriate disposal of waste

16 The mounds shall be constructed and prepared for planting n accordance with the details shown on drawing reference 127004C ( as amended by the letter from TPM Landscape received on 9 September 2011) in accordance with an implementation schedule to be submitted to and approved by the Local Planning Authority in writing

Reason To ensure that the landscape scheme establishes in the interest of visual amenity

17The Landscape Scheme drawings reference 127005B received on 20 September 2011( as amended by the letter from TPM Landscape received 9 September 2011) shall be implemented in the first planting season following first use of the extension hereby permitted

Reason In the interest of visual amenity

18The proposed development shall not begin until a scheme for the provision implementation ownership and maintenance of the surface water drainage for the site based on sustainable drainage principles has been submitted to and approved in writing by the Local Planning Authority The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storagedisposal of surface water from the site and to the ensure future maintenance of the surface water drainage system

19 All construction traffic shall use the existing HGV access into the site unless( and notwithstanding the submitted details) a scheme which shall illustrate a rural road to the local highway authorityrsquos standard specification and include widening works passing bays footpath provision and works to prevent vehicles turning left when emerging from the site has been implemented Prior to the commencement of any works the scheme for these works shall have been submitted to and approved in writing by the local planning authority This shall include

1 Hard surface materials to form the promoted works throughout Ran Way and Huntingdon Road

2 Means of drainage to prevent the unregulated discharge of surface water onto the highway

3 Maximum gradient (1 in 15) from the highway boundary in the positive or negative direction

4 Sufficient parking and turning space shall be provided within the development site for all vehicles attracted thereto

Development Control Committee 65 of 100 Date printed 9 November 2011

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

20 Cantilever Bus Shelters within Huntingdon Road (industrial estate) having a landing and boarding stage with associated flag sign and posts shall be provided prior to the first use of the extension hereby permitted Prior to the commencement of these works a scheme for these shall have been submitted to and approved in writing by the local planning authority Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

21 Development shall be carried out in accordance with the following plans OS Map and Block Location Plan PS00 received 20 September 2011 Existing site survey - TRI-0669-01received 29 July 2011 Existing site survey - TRI-0669-04 received 29 July 2011 Existing site plan PS01 received 18 July 2011 Existing site plan sheet 1 of 2 PS03 received 18 July 2011 Existing site plan sheet 2 of 2 PS04 received 18 July 2011 Proposed site plan PS02A received 20 September 2011 Proposed site plan sheet 1 of 2 PS05 received 18 July 2011 Proposed site plan sheet 2 of 2 PS06 received 18 July 2011 Sections Mound 127004C received 20 September 2011 General Arrangement 1of 2 (Mound) 127002A received 20 September 2011 Planting Plan 127005B received 20 September 2011 Existing Floor Plan Sheet 1 of 2 PS07 received 18 July 2011 Existing Floor Plan Sheet 2 of 2 PS08 received 18 July 2011 Proposed Floor Plan Sheet 1 of 2 PS09A received 20 September 2011 Proposed Floor Plan Sheet 2 of 2 PS010A received 20 September 2011 Existing and Proposed Elevations Sheet 1 of 2 PS13A received 20 September 2011 Existing and Proposed Elevations Sheet 2 of 2 PS14A received 20 September 2011 Proposed Dock Leveller Doors PS21A received 20 September 2011 Proposed roof plan sheet 1 of 2 PS11A received 20 September 2011 Proposed roof plan sheet 2 of 2 PS12A received 20 September 2011 Illustrative View 1 PS16 received 18 July 2011 Illustrative View 2 PS17 received 18 July 2011 Illustrative View 3 PS18 received 18 July 2011 Illustrative View 4 PS19 received 18 July 2011 Illustrative View 5 PS20 received 18 July 2011 Proposed Temporary Construction Access PS15 received 18 July 2011 Huntingdon RoadRam lane Off-site highway works RD10453a received 17 October

2011 Off-site Highway Works Ram Lane Bend Widening and Footway extension RD10454

received 17 October 2011 Huntingdon RoadRam lane Off-site highway works RD10453 received 17 October

2011

Development Control Committee 66 of 100 Date printed 9 November 2011

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS4 PPS9 PPG13 PPS23 PPS24 and PPS25the East Midlands Regional Plan policies 1 2 3 11 18 20 21 28 29 30 31 35 39 43 MKSM Northamptonshire SRS Northamptonshire 1 the North Northamptonshire Core Spatial Strategy 2008 policies 1 5 6 8 9 11 13 and 14 Rural North Oundle and Thrapston Plan policies 1 2 4 5 7 11 12 16 and THR4 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development including the economic development benefits of the proposal the impact on the landscape highway issues sustainability of the design the impact on neighbouring amenities contamination drainage and the need for communityinfra-structure contributions The application has been approved as

1 The economic development benefits of the proposals outweigh the impact on the landscape arising from removal of the bund and existing vegetation

2 Whilst the loss of the existing vegetation would have ecological implications mitigation works are proposed to the Titchmarsh Nature Reserve

3 There would not be an adverse impact on the highway network having regard to the proposed off-site highway works

4 The extension would meet the BREEAM standard very good 5 A condition can be imposed to require details of surface water drainage to be

submitted and approved 6 Whilst there is a landfill site nearby the waste that is disposed is inert and would not

effect the proposed development

2 The application site is less than 250m from the boundary of an operational landfill site and waste processing facility which is permitted by the Environment Agency The waste disposed at the landfill is classed as inert and as such should not have the potential to generate significant quantities of landfill gas

The operator of the landfill monitors landfill gas from perimeter boreholes as per the conditions on their environmental permit Results from this monitoring indicates the landfill is not producing gas in sufficient quantities that may pose a risk to the development However the applicant may wish to seek advice from a consultant experienced in these matters to ensure that the development can be delivered safely

3 No works within the existing adopted highway maintainable at public expense may commence without the express written permission of the Highway Authority This planning permission does not give or infer such permission The Highway Authority will only give consent to commence works subject to the completion of an Agreement under Section 278 of the Highways Act 1980 Full engineering drainage street lighting and constructional details will be required to process such an agreement Any details submitted will be subject to a technical and safety audit that may result in changes to the details of the rural route and junction etc required to discharge the relevant condition above

Attention is drawn to the implementation of the Traffic Management Act 2004 where a three month notice period to allocate road space (for works within the highway) is formally given prior to the commencement of works

Development Control Committee 67 of 100 Date printed 9 November 2011

Committee Delegated Report

Printed 26 October 2011

Case Officer Amie Baxter EN1101341FUL

Date received Date valid Overall Expiry Ward Parish 22 August 2011 26 August 2011 21 October 2011 Lyveden Brigstock

Applicant C And D Developments (Northants) Ltd - Mr C Rose

Agent Toby Pateman Architect

Location Land Adjacent Honey Bun Hill Newtown Brigstock Northamptonshire

Proposal Erection of 2 no new dwellings

This application has been brought before the Development Control Committee due to Members showing interest in this site previously and as Brigstock Parish Council have objected to the proposed development

1 Summary of Recommendation

11 That planning permission be GRANTED subject to conditions

2 The Proposal

21 The application seeks planning permission for an amendment to a previously approved scheme for the erection of two dwellings The proposed amendment is to insert a

number of rooflights in the roof slope of both dwellings

22 The proposed roof lights would measure 025 by 035 metres each and it is proposed to add roof lights in the following positions

Unit One (to the eastern side of the site) bull Two roof lights in the east (rear) roof slope bull Three roof lights in the west elevation (front)

Unit Two (to the northern side of the site) bull Two roof lights in the west (front) elevation bull Four roof lights in the east (rear) elevation bull One roof light in the south (side) elevation

23 The roof lights are proposed to allow the conversion of the roof space in both dwellings Planning permission is not required to convert the loft into habitable space

24 The two dwellings have been partially constructed in line with a previously approved application

3 Site and Surroundings

31 The site is positioned to the north side of Stanion Road on the western edge of Brigstock

Development Control Committee 68 of 100 Date printed 9 November 2011

32 To the north west of the site is a development of modern bungalows known as Swan Avenue and to the north east is Honey Bun Hill a detached bungalow sited at the top northern end of Newtown The application site abuts the southern garden boundary of Honey Bun Hill

33 Newtown is a narrow unmade private road which serves to access a row of terraced houses on its western side and a number of individual detached houses which have been developed in a piecemeal fashion The side garden boundary of 17 Newtown forms the southern boundary with the application site

34 Beyond the application site to the north is open countryside

35 The application site is accessed from Stanion Road via a long narrow track which runs adjacent to the garden boundaries of 16 and 18 Stanion Road The access runs to the west of a rectangular plot of land to the rear of the terrace row in Newtown (1 to 17 Newtown) This land is commonly referred to as the lsquopump stationrsquo site and has planning permission for two dwellings using the same access as the application site (EN0200802FUL and EN 0200318FUL)

36 The site slopes upwards from Stanion Road towards the northern boundary

37 The north west boundary of the site is marked by a close board fence a public footpath and a row of leylandii trees A close board fence runs around the property known as Honey Bun Hill and the southern boundary is comprised of a mix of leylandii and native hedging

38 The character of the area is residential composed of a range of dwelling styles with no one type dominating

39 Brigstock Conservation Area is some distance to the east of the application site

4 Policy Considerations

4 1 National Policy PPS1 ndash Delivering Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 East Midlands Regional Plan (RSS8) On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 13b ndash Housing Provision (Northamptonshire) Policy 14 ndash Regional Priorities for Affordable Housing Policy 17 ndash Regional Priorities for Managing the Release of Land for Housing Policy 48 ndash Regional Car Parking Standards Policy MKSM SRS Northamptonshire 1 Policy MKSM SRS Northamptonshire 2

Development Control Committee 69 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements

Policy 7 ndash Delivering Housing Policy 9 - Distribution and Location of Development

Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficient and Sustainable Construction

Policy 15 - Sustainable Housing Provision

44 Other Relevant Policy Three Towns Preferred Options document The Highway Authority Standing Advice for Planning Authorities Document July 2008 Planning Out Crime SPD ENC Developer Contributions SPD

5 Relevant Planning History

51 0602201OUT ndash Outline for residential development ndash Granted under delegated powers by 16 February 2007

52 0700827FUL- Two detached dwellings This application was refused under delegated powers but later allowed on appeal

53 0801134FUL- Residential development ndash Refused under delegated powers on 27 Aug 2008

54 0900116FUL- Residential development of 6 new dwellings Resubmission of EN0801134FUL Permitted by the Development Control Committee on 25032009

55 0800395FUL- Erection of two detached dwellings swimming pools access and other associated works Permitted by the Development Control Committee on 04062008

56 1000341FUL- Erection of two detached dwellings - amendment to EN0800395FUL) Permitted by Development Control Committee on 080910

6 Consultations and Representations

61 Neighbours No comments received

62 Brigstock Parish Council ndash Object on the following grounds bull The design of the proposed dwellings is overpowering especially considering the sitersquos

elevated position The design is also very urban which is out of character with the village location The design would not mellow with age

bull The scale of the dwellings is wrong bull The right of way to Swan Close has been blocked off to allow an extension to the

garden of the dwelling on the neighbouring site (currently under construction) This is a symptom of overdevelopment

63 Highways Authority No objection

64 Ramblers Association No comments to make

7 Evaluation

71 The main considerations in the determination of this proposal are the principle of development design and visual impact and impact on neighbouring properties

Development Control Committee 70 of 100 Date printed 9 November 2011

72 Principle of development

721 The principle of development for two dwellings on this site was established by the previous application (1000341FUL) permitted at Development Control Committee on 08092010 The relevant national and local policy has not changed since the previous application was approved and therefore officers have no reason to alter their view of the proposed development

722 As the only difference between the previously approved scheme and the one put forward with this application is the insertion of a number of velux roof lights only the impact of the roof lights needs to be considered

723 It should also be borne in mind that the occupiers of the two dwellings could add roof lights without the need for planning permission once the dwellings are built

724 Not all of the previously approved conditions are recommended as part of this report to save duplication of the previous permission where it is clear that the dwelling has already been built in accordance with the previously approved plans

73 Design and Visual Impact 731 The design and visual impact of the two dwellings was considered during the previously

approved application and was found by members to be appropriate The comments from Brigstock Parish Council are noted but given that they make no specific comments regarding the proposed roof lights and as the two dwellings have already been approved their comments are not relevant to this proposal

732 Given the elevated positioning of the plot the roof of each of the proposed dwellings would be visible from outside the site However as the proposed roof lights would be small and positioned in line with the angle of the roof the roof lights would not be overly dominant in a visual sense

74 Effect on neighbours 741 Given the nature of the proposed development and as no additional bulk would be

introduced there would be no overbearing impact or additional overshadowing on neighbouring occupiers

742 A condition is recommended to ensure that the roof lights are inserted with a minimum cill height of 16 metres to avoid any additional overlooking

80 Other Issues 81 None relevant

9 Conclusion

91 In recommending this application for approval the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application is recommended for approval as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 71 of 100 Date printed 9 November 2011

10 Recommendation

101 It is recommended that the application be GRANTED subject to the following conditions

11 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Before commencement of the development hereby permitted details of the provision of screening to all boundaries of the site shall be submitted to and be approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erected and shall include details of boundary screening along the northern boundary which shall be erected in a manner which would provide privacy for the occupiers of Honey Bun Hill This boundary screening shall then be provided in accordance with the details so approved before the building is first occupied and shall thereafter be retained in perpetuity

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

3 Pedestrian visibility splays of 24m x 24m (20 metre x 20 metre if turning space is available within the site) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) no windowsdormer windows other than those expressly authorised by this permission shall be constructed on the side elevations of the proposed dwellings All windows serving bathrooms shall be obscure glazed in a manner which would prevent overlooking and fitted with top hung casements which are incapable of being opened further than 100mm

Reason To protect the residential amenity of neighbouring occupiers

5 No development shall take place until there has been submitted to and be approved in writing by the Local Planning Authority a comprehensive scheme of landscaping for the site which shall be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development unless otherwise agreed in writing by the Local Planning Authority The landscaping scheme shall include the retention of the existing trees along the eastern and southern boundary of the application site and those trees shall thereafter be retained unless agreed in writing by the local planning authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

6 All planting seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the building(s) or the completion of the development whichever is the sooner Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 72 of 100 Date printed 9 November 2011

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

7 Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy satisfying the requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy shall be submitted to and be agreed in writing by the Local Planning Authority and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

8 The rooflights hereby approved in the shall be provided at a minimum sill height of 16 metres and shall thereafter be retained in this manner unless otherwise approved in writing by the local planning authority

Reason In the interests of residential amenity

9 The works hereby permitted shall be carried out strictly in accordance with the approved plans (50-09-00 50-09-05 A 04-11-05B 04-11-01B 04-11-02B received on the 22082011 ) unless otherwise agreed in writing by the local planning authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application has been approved as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings

bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 73 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 27 October 2011

Case Officer Anna Lee EN1101447REM

Date received Date valid

Hill 12 September 2011 29 September

Overall Expiry 2011 24 November 20

Ward 11 Fineshade

Parish Easton-on-the-

Applicant Mr P Bee

Agent Mr J Moses

Location 33 Westfields Easton On The Hill Stamford Northamptonshire PE9 3LY

Proposal Reserved matters Development of land ro 31 and 33 Westfields for the provision of 4 dwelling houses with new access road Demolition of current garage and relocation of No33 to allow access road pursuant to application EN0901133OUT dated 31209

The application has been brought to Development Control Committee because the proposal falls outside of the 2010 Scheme of Delegation as it is for more than one residential unit within a Restricted Infill Village and because of the history of the site The original outline planning application EN0901133OUT was approved by committee on 02122009 and a copy of the previous report to committee is appended to this report

1 Summary of Recommendation

11 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and subject to conditions

2 The Proposal

21 Outline planning permission was granted for the construction of four dwellings on the site with all matters reserved under reference EN0901133OUT This application seeks reserved matter approval for access layout scale appearance and landscaping etc

22 The proposal is for four detached two storey dwellings comprising of one three bedroom property two four bedroom properties and one five bedroom property Three of the dwellings would have garages (plots 1 2 and 3) and a separate detached garage is proposed to serve the existing property no33 Westfields A new access road is proposed off Westfields to serve the proposed new dwellings and the existing property

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary The property benefits from a detached garage located on the side of the main house It is proposed that this garage would be demolished in order to provide space for the proposed new access road

Development Control Committee 74 of 100 Date printed 9 November 2011

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

34 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 ndash Biodiversity and Geological Conservation PPG13 ndash Transport PPS24 ndash Planning and Pollution Control PPG24 ndash Planning and Noise

42 East Midlands Regional Plan March 2009 On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 45 ndash Regional Approach to Traffic Growth Reduction Policy 48 ndash Regional Car Parking Standards

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution amp Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan (RNOTP) 2011 Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 6 ndash Residential Parking Standards

45 Supplementary Planning Guidance Planning Out Crime in Northamptonshire Feb 2004

46 Supplementary Planning Document Design SPD March 2009

47 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Development Control Committee 75 of 100 Date printed 9 November 2011

5 Relevant Planning History

51 Planning permission has been granted for other residential development on land to the east of the site A residential scheme comprising 10 affordable housing units was granted on the land to the rear of nos 9 to 21 Westfields under reference EN0800284FUL on 11062008 This scheme has been built and is now known as lsquoThe Bramblesrsquo

52 More recently Development Control Committee came to a resolution on 14042011 to grant planning permission for the construction of eight dwellings on land rear of nos 28 30 And 32 Western Avenue under reference EN1001183OUT This application is currently pending a legal agreement

6 Consultations and Representations

61 Neighbours Any comments received will be added to the committee updates

62 Easton on the Hill Parish Council Any comments received from the parish council will be added to the committee updates

63 Crime Prevention Officer (Northamptonshire Police) no objection The officer recommends that conditions be imposed to require (1) the submission of lighting details (2) boundary screening details and (3) details to ensure that the windows and doors of the new dwellings are fitted to secure standards

64 Environmental Protection Officer no objection However conditions are recommended (1) to control the demolition construction and delivery hours (limited to Monday to Friday 0800am to 1800pm Saturday 0830am to 1300pm and at no time on Sundays or bank holidays) (2) details of how dust would be controlled particularly during the demolition works (3) and an informative to advise that any asbestos found during demolition should be removed in a safe manner and be disposed of to an appropriately permitted facility

65 Site notice posted no other representations received

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 The principle of residential development at the rear of the properties along Westfields and Western Avenue has been established by the 10 affordable housing units built at the rear of numbers 9 to 21 Westfields (granted under reference EN0800284FUL) and another development of eight dwellings has been recently granted at land rear of 28 30 And 32 Western Avenue (under reference EN1001183OUT)

722 The principle of residential development on this site was established by the original outline planning permission EN0901133OUT The site was considered suitable for residential development because it lies within the built up part of Easton on the Hill and lies close to existing residential development and other local services Therefore only the following details are relevant to this reserved matters application access layout scale appearance landscaping parking impact on neighbour amenity and sustainable construction and energy efficiency These are discussed in turn below

Development Control Committee 76 of 100 Date printed 9 November 2011

73 Access

731 The application proposes the construction of a new access road in the position of the existing vehicular entrance so that access could be created off Westfields to serve the proposed new dwellings and the existing property no33 Westfields The local highway authority (NCC) carried out a detailed assessment of the proposed access road during the outline application and was satisfied with the creation of a new access road in the proposed location The proposed access road measuring more than 45 metres in width for the first 10 metres back from the highway boundary would allow sufficient room for vehicles to pass without conflict and would meet the NCC requirements for a shared access NCC has previously recommended that pedestrian visibility splays measuring 20 metres by 20 metres and vehicular visibility splays measuring 430 metres by 430 metres be provided on both sides of the vehicular access The agent has been requested to provide further drawings to clearly show these visibility splays Therefore providing satisfactory drawings are received to show these details the proposal would comply with NCC highway requirements

732 NCC have been consulted on this reserved matters application and the highway officerrsquos comments on the design and layout of the proposed new vehicular entrance and access road will be added to the committee update sheet

74 Layout

741 The proposed dwellings would be positioned to follow the orientation of the existing surrounding dwellings (along Westfields Western Avenue and The Crescent) and are arranged so that they would face onto an enclosure formed by the proposed access road and the front gardens of the proposed dwellings Each property would have a private driveway served off the access road and these would lead to a garage proposed for three of the properties (plots 1 2 and 3) The rear garden of the proposed dwellings would lsquoback-onrsquo to the rear gardens of the existing surrounding properties The rear gardens proposed for the dwellings each measuring approximately 13 metres by 10 metres in area would provide sufficient private amenity space to serve the future occupiers of the proposed dwellings As mentioned in the original outline application given the fact that the gardens of the existing surrounding properties all vary in layout and sizes and with some being similar in size than those proposed in this development the gardens proposed for the new dwellings would be acceptable

75 Scale and Appearance

751 As the area is characterised by two-storey houses condition 5 was imposed on the outline planning application to require that the proposed dwellings be limited to a maximum height of two storeys although it would be possible for the dwellings to have rooms in the roof Plots 2 3 and 4 are all two-storey properties with no rooms in the roof Whilst plot 1 is designed slightly taller than the other proposed dwellings and has two rooms in the roof this property would have the appearance of a two-storey property This is because this dwelling is designed with low eaves (measuring 50 metres) a low ridge (measuring 99 metres) and would not have any windows in the roof Therefore the proposed development would be in-keeping with the scale of the surrounding development

752 In terms of appearance the proposed dwellings are designed to look similar to each other but with also slight variations The buildings are designed with lean-to facing roofs small front porches (for plots 1 3 and 4) a two storey gable end on one plot (plot 2) and with the exteriors half covered in render and half in brickwork The overall design of the properties would generally be in-keeping with the existing surrounding houses and providing suitable materials are used in the construction of the properties the scheme would add an interesting and modern variation to the area

Development Control Committee 77 of 100 Date printed 9 November 2011

76 Landscaping

761 The submitted lsquoproposed landscape layoutrsquo drawing (drawing number JWMPB022) shows that the existing hedges and shrubs along the east and southwest boundaries of the site would be retained and new trees would be planted within the front and rear gardens of the proposed dwellings Also low level shrubs are proposed to be planted along the western boundary adjacent to the proposed access road and within the garden of no33 Westfields These proposals would help to enhance the landscaping within the development as well the appearance of the surrounding area

762 In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the boundaries of the site and within the neighbouring gardens conditions requiring the submission of tree protection details and an arboricultural method statement were recommended on the outline planning permission Therefore it would not be necessary to repeat these conditions should the council decide to grant the reserved matters application

77 Parking

771 Policy 6 of the RNOTP states that an average maximum residential parking standard of two spaces per dwelling will apply for the plan area In accordance with the requirement of this policy there would be room for parking of at least two vehicles within the curtilage of each of proposed dwelling There is room for parking along the driveways proposed at the side of plots 1 2 and 3 and in front of plot 4 and also within the garages proposed to serve plots 1 2 and 3 Also a double garage and parking area is proposed at the rear of no33 Westfields and this would provide sufficient parking for the existing property

78 Neighbour Amenity

781 The proposed dwellings at a distance of over 30 metres would be sufficiently positioned away from the residential properties to the north at Westfields and to the west at The Crescent (in particular numbers 29 31 and 33 Westfields and numbers 1 3 5 17 19 21 23 The Crescent) The new garage proposed for no33 Westfields and plots 1 and 2 would be positioned close to the outbuilding located within the rear garden of no31 Westfields However given that the neighbouring building is only used for storage there would be no undue harm on the neighbouring occupiers

782 Plots 3 and 4 would be positioned between 25 to 30 metres away from the neighbouring properties to the south (numbers 38 36 and 34 Western Avenue) There would be no significant overbearing overshadowing or overlooking impact on these properties due to this distance Furthermore no windows are proposed in the south side of plot 3 However in the interest of preventing overlooking on the neighbouring garden of no38 Western Avenue and plot 4 in the future a condition is recommended to require that no new windows be created in the south side of plot 3 in the future

783 Plot 4 would be positioned 15 metres away from no32 Western Avenue Due to this distance and the fact that the proposed dwelling would be positioned at an angle away from the neighbouring property on the northern side it would be extremely difficult to justify a refusal of planning permission on the basis of overbearing or overshadowing on this neighbouring property A toilet window is proposed at the first floor of plot 4 on the side closest to no32 Western Avenue Providing it be conditioned that this window is fitted with obscure glazing this would help to prevent overlooking on the neighbouring property

Development Control Committee 78 of 100 Date printed 9 November 2011

784 The submitted landscaping plans do not clearly show the treatments proposed along the boundaries to the surrounding properties Whilst the submitted plans identifies lsquoexisting mixed hedging and shrubsrsquo along the east and western boundaries it is difficult to establish how high the retained hedge would be and whether this would offer sufficient screening to the surrounding neighbouring gardens and the gardens of the proposed dwellings Also apart from the proposal to retain and plant new trees along the southern boundary of plots 3 and 4 the submitted drawings do not provide details of the boundary treatment proposed for the rear southern boundaries to the properties along Western Avenue Therefore in the interest of safeguarding the privacy of the existing surrounding occupiers and the future occupiers of the proposed dwellings conditions are recommended to require the submission of further boundary treatment details for approval before commencement of development

785 Low level shrubs and an open 1 metre high picket fence is proposed along the west and southern boundaries of no33 Westfields There are concerns that these would not provide sufficient screening for the rear garden of the existing property Therefore in the interest of safeguarding the privacy and residential amenity of the occupiers at no33 Westfields a condition is recommended to require the submission of further boundary screening details for approval

786 The proposed dwellings are sufficiently positioned away from each other such that there would be no undue overbearing or overshadowing impact between the properties A first floor bedroom window has been proposed in the north side of plot 3 which would directly face onto the front windows of plots 1 and 2 In order to prevent overlooking between the proposed dwellings the agent has been requested to remove the first floor bedroom window proposed in the north side of plot 3 Any amended drawings received will be reported in the committee updates Furthermore a condition is recommended to require that no new openings be created in the north side of plot 3 in the future

787 The conditions recommended by the Environmental Protection Officer to control delivery demolition and construction hours and require the submission of a dust control details would help to safeguard the residential amenity of the surrounding occupiers Overall the recommended conditions would help to minimise the impact of the proposal on the surrounding neighbours

79 Sustainable Construction and Energy Efficiency

791 Policy 14 of the NNCSS requires new development to incorporate techniques of sustainable construction provision for waste reduction and recycling and water efficiency and recycling and a condition has been imposed on the outline planning permission which requires the submission of a sustainable strategy before commencement of development (condition 20) The application is accompanied by a document which details the works proposed to be carried out to the individual properties However due to the lack of information provided to demonstrate how the development would meet the requirements of this policy an informative is recommended to remind the applicant about the requirements of condition 20 which has not been satisfied by the information submitted as part of this reserved matters application

8 Other issues

81 Levels ndash Condition 6 of the outline planning permission requires the submission of slab level details at the reserved matters A drawing has been submitted to show the existing and proposed level changes across the site and the levels at which the proposed dwellings and garages would be constructed (drawing number JWMPB024A) Given that the levels within and surrounding the site are relatively consistent the proposed level changes are relatively minor and do not appear to raise any significant issues

Development Control Committee 79 of 100 Date printed 9 November 2011

82 Drainage ndash Condition 9 requires the submission of foul and surface water drainage details These proposals are shown on drawing number JWMPB024A and detailed in the submitted Drainage and Waste Disposal Strategy The applicant has given sufficient consideration to drainage for the purpose of this planning application and the drainage proposals would be further assessed as part of Building Regulations

83 Crime and disorder ndash No33 Westfield and no1 The Crescent would provide natural surveillance for the access road and the proposed dwellings would provide natural surveillance for each other within the development However in the interest of the residential amenity of the future occupants and to reduce opportunities for crime and the fear of crime during the evenings conditions are recommended to require the provision of lighting along the main access road and within the development and that details be submitted to ensure the security of the windows and doors

84 Refuse ndash The submitted plans show that a small area would be provided within the front garden of no33 Westfields for the storage of refuse and recycling bins The agent has been requested to enlarge this area so that sufficient space could be provided for bin storage towards the front of the access This matter would be further discussed in the committee updates and any amendments received will be reported in the committee update sheet

9 Recommendation

91 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and the following conditions

10 ConditionsReasons -

1 Prior to the commencement of the development hereby permitted details and a sample of the proposed facing brick(s) and roof tile(s) to be used for the construction of the dwellings and garages hereby permitted shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

2 Prior to the commencement of the development hereby permitted details of the colour and finish details of the render to be used on the exterior of the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order) no windows or other form of opening shall be inserted in the south and north facing elevations of plot 3 hereby permitted

Reason To ensure adequate standards of privacy for neighbours and occupiers

4 Before plot 4 hereby permitted is first brought into occupation the first floor en-suite window in the south facing elevation shall be fitted with obscured glazing to a minimum level of obscurity to conform to Pilkington Glass level 3 or equivalent and this obscure glazing shall thereafter be retained permanently

Reason To ensure adequate standards of privacy for neighbours and occupiers

Development Control Committee 80 of 100 Date printed 9 November 2011

5 Notwithstanding the submitted details and prior to the commencement of the development hereby permitted details of the provision of screening to the eastern western and southern boundaries of the site (to the properties along Western Avenue and The Crescent) shall be submitted to and approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erectedretained This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

6 Notwithstanding the details shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) alternative boundary treatment for the west and southern boundaries of no33 Westfields shall be submitted to and approved in writing by the Local Planning Authority This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings hereby approved and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

7 The planting seeding and turfing proposals shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) and any subsequent planting proposals approved in writing by the Local Planning Authority under conditions 5 and 6 above shall be implemented in the first planting season following the first occupation of plots 1 2 3 and 4 unless otherwise agreed in writing by the Local Planning Authority Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

8 Prior to the first occupation of the dwellings hereby permitted the vehicular accesses to the public highway and parking facilities shown on the submitted plans to serve the development shall have been completed and brought into use and be thereafter retained unless otherwise agreed in writing by the local planning authority

Reason In the interest of highway safety

9 Deliveries demolition or construction works shall be not be carried out except between the hours of 0800am -1800pm Mondays to Fridays 0830am ndash 1300pm on Saturdays and at no time on Sundays or Bank Holidays unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of residential amenity

10Prior to the commencement of any demolition work or other development on the site a method statement for the control of dust during demolition and construction shall be submitted to and approved in writing by the Local Planning Authority The works shall thereafter be implemented in accordance with the scheme so approved unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 81 of 100 Date printed 9 November 2011

Reason In the interests of residential amenity the orderly development of the site and to protect the environment

11Details of a scheme of lighting for the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development This shall include full details of the type of lighting number exact location and level and type of illumination The scheme shall thereafter be implemented in accordance with the details so approved prior to the first occupation of the dwellings unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

12A scheme to ensure the security of all of the ground floor doors and windows and easily accessible first floor doors and windows of the dwellings hereby approved including details of any secure standards shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be carried out in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

13 The development hereby permitted shall be carried out strictly in accordance with the approved plans plans received by the Local Planning Authority on 12 September 2011 drawing numbersJWMWH025 JWMPB02B JWMPB021 JWMPB22 JWMWH016 JWMWH017 JWMWH015 JWMPB010 JWMPB009 JWMPB011 JWMPB005 JWMWH008 JWMPB002 JWMPB001 JWMWH003 JWMWH004 and drawing numbers JWMPB006A and JWMPB024A received by the Local Planning Authority on 29 September 2011 unless otherwise agreed in writing by the Local Planning Authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 The additional information to which this decision relates is as follows Information received by the Local Planning Authority on 12 September 2011

lsquoSpecification for Works To Be Carried Outrsquo and Tree Survey

2 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 PPS9 PPG13 PPS23 and PPG24 Policies 1 2 3 45 48 of the East Midlands Regional Plan 2009 Policies 1 9 10 13 and 14 of the North Northamptonshire Core Spatial Strategy 2008 Policies 1 and 6 of the Rural North Oundle and Thrapston Plan 2011 Design SPD 2009 Planning Out Crime in Northamptonshire 2004 and Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of development accesshighway impact layout scale appearance landscaping parking impact on neighbouring amenities and sustainable construction

Development Control Committee 82 of 100 Date printed 9 November 2011

------------------------------------------------------------------------------------------------------------------------

The application has been approved as

1 The principle of the development is acceptable and is consistent with the development plan and guidance contained in national planning policies

2 The proposal would not harm visual amenity or the character and appearance of the area

3 The proposal would not have any significant access issues or an unacceptable impact on the local highway

4 The proposed layout scale appearance and landscaping proposals are acceptable 5 The proposal would not result in an unacceptable loss or harm to trees 6 The proposal would not have a significant impact on the amenities of neighbouring

occupiers or the amenity of the area 7 The proposal would meet the sustainable construction and energy efficiency

standards

A full report is available on the Councilrsquos website wwweast-northamptonshiregovuk

3 The applicant is advised that any materials containing asbestos should be safely removed and disposed off to an appropriately licensed waste management facility

4 Unfortunately the information submitted as part of this reserved matters application does not address condition 20 of outline planning permission number EN0901133OUT The applicantrsquos attention is drawn to the requirements of this condition

5 Please note that an application to discharge the above conditions will be required Please ensure that you allow sufficient time for your application to be determined prior to implementing your permission An approximate timescale of 8 weeks is required For full details please visit httpwwweast-northamptonshiregovukconditions

APPENDIX 1 Report to Development Control Committee 02122009 ------------------------------------------------------------------------------------------------------------------------

The application has been brought to Development Control Committee in accordance with the 2006 scheme of delegation as the proposal relates to more than one residential unit within a Restricted Infill Village (formerly classified by policy H10 of the local plan) In addition the Parish Council has objected on grounds that the access to the development would be dangerous

1 Summary of Recommendation

11 That permission be GRANTED subject to conditions

2 The Proposal

21The application seeks outline planning permission for the erection of four dwellings on the site All matters including access siting external appearance landscaping etc are reserved

22 Whilst all matters are reserved the submitted Design and Access Statement explains that the existing access which serves No33 Westfields would be widened and used to the serve the development and the garage located to the side of No33 Westfields would be demolished to accommodate the new vehicular access route These proposals are shown on the submitted indicative layout drawings

Development Control Committee 83 of 100 Date printed 9 November 2011

23 In addition the submitted Statement confirms that the dwellings will be for market housing and the housing mix is of a mixture of three four and five bedroom properties as the submitted statement states ldquoThe floor area of the dwellings will range from 1300 sqft giving a total of approximately 546m2 (5869sqft) and be 1 No 3 bed 2 No 4 bed and 1 No5 bed homesrdquo The Statement also advises that ldquoIt is intended that these would be of ground and first floor construction with some possibility of utilising the roof spacerdquo

24 The maximum scale parameters have been confirmed by the agent in an email dated 26102009 as follows

Plot 1 maximum width 9 metres maximum length 9 metres maximum height 10 metres to the ridge and 55 metres to the eaves

Plot 2 maximum width 10 metres maximum length 10 metres maximum length 10 metres maximum height to the ridge 95 metres and 55 metres to the eaves

Plot 3 maximum width 85 metres maximum length 9 metres maximum height to the ridge 9 metres and 55 metres to the eaves

Plot 4 maximum width 8 metres maximum length 8 metres maximum height to the ridge 85 metres and 55 metres to the eaves

25 An amended drawing was received on 16th September 2009 to address the concerns of the Local Highway Authority (see paragraph 64 below for full details)

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden curtilage by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary and this access currently leads to a detached garage located on the side of the main house

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

32 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

Development Control Committee 84 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Supplementary Planning Guidance Parking SPG March 2003 Planning Out Crime in Northamptonshire Feb 2004

45 Rural North Oundle and Thrapston Plan (emerging policy) The Rural North Oundle and Thrapston Plan went through an examination process in 2008 and 2009 Following this examination on 8 July 2009 the Inspector found the document sound However as yet the Council has not adopted the Plan as a Development Plan Document as such the Council is still treating the document as emerging policy The relevant policies in the RNOTP include

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

46 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008 Design SPD March 2009

5 Relevant Planning History

51 A residential scheme comprising 10 social housing units was granted on the land to the rear of numbers 9 to 21 Westfields under reference EN0800284FUL on 11062008 At the time of the application this site was known as Land between 6 and 16 Porters Lane Access to the site was provided In this application from the front of no15 Westfields

52 Previous applications proposing a bungalow and one or two dwellinghouses on the site were refused under planning reference 660008QTR on 14101966 and 6300067OTR on 05031964 respectively

53 Extensions and alteration have been permitted to the property No33 Westfields and these are listed below

- EN0000893FUL Detached double garage (revised scheme) Permitted 06122000

- EN0000091FUL Two storey rear extension and detached double garage Permitted 06042000

54 Extensions and alterations have also been permitted to no31 Westfields and these are listed below - EN9900406FUL Single storey rear extension Permitted 05081999

6 Consultations and Representations

61 Neighbours 18 neighbour letters received and the contents are summarised below

2 Baxters Lane Objection The neighbour considers the road to be busy and narrow with cars parked along on the road and on the grass The neighbour comments that ldquoThe area is densely populated On top of this is the only access to the Cricket ground and playing fields as well as serving the only village shoprdquo The neighbour is concerned that as the affordable housing scheme has yet to be implemented the development

Development Control Committee 85 of 100 Date printed 9 November 2011

would further increase traffic damage trade to the shop and increase the risk of accidents ldquoespecially the children of the village who use this only route to the playing fieldsrdquo

33 Church Street Objection The neighbour is concerned about road safety The existing site is considered to be on already dangerous corner and that the development would add permanently to this hazard

51 West Street Objection The neighbour is concerned about the proposed access The proposed access is considered to be too narrow and in itself a hazard In addition the corner of the site adjoins a lane which provides access for farm vehicles to the fields and access for pedestrians attending the cricket club and playing field further down the lane ldquoThe corner junction also provides access to the allotments and is used as a turning point by those frequenting the Post Office at the bottom of Westfieldsrdquo The neighbour is also concerned about parking as Westfields is often parked with vehicles at peak times and considers the situation to worsen once the scheme already granted for the 10 dwellings further along the road is complete The neighbour considers that a traffic survey taken in the morning and also late afternoon may better reflect the activity of the local area

1 Westfields Objection The neighbour feels that the area is already overdeveloped The neighbour advises that there is already traffic in the area from the rest of the village using the post office and shop and there are large farm vehicles using the road to get to the land west of the village where large vehicles have problems passing because of the parked cars The neighbour considers the main issue to be the entranceexit road on the corner of The CrescentWestfields which appears very dangerous and vehicles travel quite quickly at times

23 Westfields Objection In addition to the concern of increased traffic problems the neighbour is concerned about the increase in strain to their sewerage system and water supply as the area is experiencing a low water pressure problem

38 Westfields Objection on grounds that the road would exit onto a very busy and dangerous corner ldquoThere cars parked on the corner on both sides add to this that on a sunny day when you come from the Cresent direction the sun shines in your eyes and it is very difficult to see traffic coming up Westfields ndash mostly on the wrong side of the roadrdquo

40 Westfields Objection due to loss of privacy to neighbours and due to the development being a cramped form of development The neighbour is concerned that the development is situated on a busy corner which in itself would be dangerous and will impact seriously on parking by existing residents and also increase traffic especially during development

42 Westfields Objection The occupants have lived in Westfields from when the first homes were built The neighbour feels that the houses will be too crammed into the garden space of the two properties There are concerns about parking as few homes have off-road parking and there are many vehicles parked on the roadside The neighbour comments that ldquoThe Crescent and the entrance to the Drift I believe this to already be a road safety hazard and would like to see speed ramps in use Extra traffic four homes could mean at least 8 extra vehicles trying to pull out onto Westfields at this point would create hazards for traffic using using Westfields as a link in either directionrdquo In addition to road traffic the neighbour is concerned about the safety of pedestrians and local school children

Development Control Committee 86 of 100 Date printed 9 November 2011

44 Westfields Objection It is believed that this proposal would cause numerous problems to local residents including the loss of privacy and a cramped form of development The neighbourrsquos major concern is that the proposed entranceexit to this development is to be situated on a busy corner in which the neighbour considers dangerous and will impact on parking by existing residents and increase traffic especially during development

46 Westfields Objection ldquoThe main basis for this Objection is the impact this proposal will have on traffic flows and road safety along with the assertion by the proponent of the scheme that Easton on the Hill is a lsquoSustainable Communityrsquordquo The other concerns are summarised below

bull Traffic ndash The neighbour notes that a Traffic Audit has been submitted to provide some information on the current traffic flows along Westfields However the neighbour comments that this was conducted over one weekday and only between the hours of 10am and 2pm ldquoThe traffic survey did not cover commuter traffic ie those people driving to and from work and did not cover any weekend period at allrdquo The neighbour requests the Council to consider whether this survey is adequate to inform decision making

bull The cumulative impact from the proposed development with other developments in the vicinity on traffic and road safety

bull The proximity of the proposed access to the road bend and reduced visibility for drivers The development increases the risk of accidents to other road users and pedestrians in particular school children and young people

bull No33 currently has two entrances which they can use The parking of vehicles outside would obstruct both entrances

bull The neighbour is concerned that public parking would be restricted along this stretch of Westfields ie by the imposition of double yellow lines and considers this to be detrimental to the other residents and visitors

bull The neighbour considers the idea of lsquosustainable communityrsquo to be questionable as the new residents of the development will also use cars

bull The neighbour refers to Policy 2 of the RNOTP and questions whether the existing local services ie shops and schools would cope with the extra demand

bull The proposal increases the density of dwellings on the same area of land

48 Westfields Concerns are raised about the highway impact of the development ldquoAlready traffic comes down from The Crescent onto Westfieldrsquos (which is quite a sharp corner) as far too fast a speedrdquo and the damage caused to parking cars by the moving traffic The neighbour advises that the playing field already generate a lot of traffic In addition the neighbour is concerned about sewerage problems

3 The Crescent The neighbour advises that there is already a parking problem in the area where the roads are congested The submitted Traffic Survery does not take into account the busiest times of the day and pedestrian movement Concerns are raised on how emergency services will access the properties In addition the neighbour comments that there are already vacant houses for purchase in the recent development on Porters Lane and the submitted plans do not identify this development The submitted pictures shows no cars parked opposite the entrance and regularly there are at least 3 cars parked

16 The Crescent Objection Concerns raised on traffic from the farm The Close Western Avenue and Porters Lane and the danger on children who play in the area in the evenings

Development Control Committee 87 of 100 Date printed 9 November 2011

22 The Crescent Objection Concerns raised on traffic from local residents cricket club football field local shops and allotments and that the development would further increase traffic volume and harm local safety The access would adjoin onto Westfields at a corner which is currently unsafe and would increase the likelihood of accidents In the winter months the road is not gritted there have been accidents in the past and the proposed access road would increase danger to local residents

23 The Crescent no objection providing the houses are as stated in the application of two storey (ground and first floor) houses and not three storey town houses objection otherwise

14 Western Avenue The neighbour comments that the proposed driveway would be close to the road corner and the road corner is also the junction with the access lane to the local playing fields used by pedestrians children sports people and farm vehicles The allotments are also at this junction and there is currently no parking for the allotments These properties are considered to generate 15 cars and the neighbour questions whether this driveway can be considered a reasonable access In addition concerns have been raised on emergency vehicle access rubbish collection ldquoA single driveway would mean congestion on Westfields and The Cresent when a car wants to turn in if one was on the drive waiting to come outrdquo The traffic survey carried out for the times between 10am and 2pm hardly shows average usage ldquoCars that have been to the Post Office at the bottom of Westfields use the junction area as a turning point to go back down Westfields rather than go round The Crescent and Western Avenuerdquo ldquoWould the type of house being built actually be of benefit to the village there are still properties of this type for sale in the development on Porters Lane yet affordable housing for the village is required to either bring families into the village that will use the village school or provide single-storey accommodation for the elderlyrdquo The traffic from the recent development of 10 houses and other local traffic will need to be taken into consideration Parking is already a problem in the area as there is limited off-road parking and Westfields is particularly difficult to drive down because of the on-street parking

34 Western Avenue Objection The reasons are summarised below

bull Visual impact and in particular the spacious and rural appearance of the estate and the development would be a dominant feature

bull The development would be cramped and overdeveloped bull Plot 4 will overlook directly on the neighbours property and garden and affect the

neighbourrsquos view of the lsquorural aspectrsquo bull Loss of privacy ndash There is currently not a row of trees to the neighbouring boundary

Any trees planted would be so close to cause light problems to Plot 4 as this would be on the southern side of the property

bull Loss of light and overbearing from Plot 4 bull Harm to existing trees in particular the proposed driveway would impact on the tree

roots bull The tree canopies shown on the submitted drawing are inaccurate as they spread over

the boundary more significantly The existing vegetation is misinterpreted as trees bull Highway impact ndash The existing roads are narrow and care has to be taken with regard

to parked vehicles and oncoming traffic The submitted traffic survey was taken between 10am and 2pm but the village store and post office open between 7am and 7pm ldquoIn the mornings Porters Lane Western Avenue The Cresent and Westfields is used as a loop to drive to this shoprdquo and the traffic survey has not taken into account the 10 new houses built further down the road ndash estimated at being between 20 and 30 extra vehicles In addition the neighbour refers to the corner where Westfields and The Cresent meet and the traffic issues associated with the football pitch playing fields cricket club farm vehicles and allotments

bull Parking ndash would be a problem within the site there will be insufficient turningmanoeuvring space for vehicles to exit the site

Development Control Committee 88 of 100 Date printed 9 November 2011

bull Refuse ndash there are likely to be refuse problems as refuse lorries will not enter the site and refuse and recycling containers will have to be taken out to Westfields by the future occupiers

36 Western Avenue Objection

bull The access road to the development is situated close to the corner of Westfields and The Cresent and is unsafe and would increase the likelihood of accidents The proposal would intensify the use of the existing access from one to five and the visibility in the west direction is inadequate

bull The development would increase on-street parking where the existing road is narrow and has vehicles parked on both sides

bull Plot 4 would be positioned close to No34 and 36 Western Avenue and would be intrusive ldquoThe plan indicates trees directly behind plot 4 which are none existent only a low hedge existsrdquo

bull The neighbour is also concerned about noise due to the increase of vehicular movements and intensification of use of the site

bull The neighbour considers that the proposal would have an adverse affect on the character and appearance of the area would be a cramped form of backland development and would be over development of the site

bull Concerns have also been raised on the impact on nature conservation loss of wildlife habitat and loss of valuable green space within the estate

62 Parish Town Council objection ldquoon grounds that the access to the development proposal would be dangerousrdquo

63 Northamptonshire Crime Prevention Officer no objections subject to Northamptonshire Police being consulted on the full details during the submission of the Reserved Matters and in particular on the lighting scheme for the site The Crime Prevention Officer advises that Policy 13(b) of the Northamptonshire CSS states that ldquoSeek to Design out antisocial behaviour crime and reduce fear of crime by applying the principles of the Secured by Design Schemersquo and the Planning Out Crime in Northamptonshire SPG should be applied to the consideration of this application In addition the Crime Prevention Officer recommends that the homes should be built to attain the ACPO SBD Ltd ldquoSecured by Designrdquo award

64 Local Highway Authority The Highway Officer initially raised concerns that the visibility splay shown on the submitted drawing for the western side of the access was incorrect as third party ownership may prevent the implementation of the splays An amended drawing was later received to address the Local Highway Authorityrsquos concerns and the Local Highway Authority is now satisfied that sufficient information has been submitted to demonstrate that a vehicular access can be constructed in this location in accordance with the NCCrsquos adopted standards (see below for full details of recommendations)

65 Housing Strategy ldquoHousing Strategy does not support this application as the proposed type of housing will provide larger family dwellings and the need in the area is for smaller properties The provision of two bedroom houses for couples families or two bedroom bungalows for older people would be more appropriate Easton on the Hill has the highest percentage of older people in the District and the majority of these are owner occupiers The provision of bungalows would also mean less traffic congestion which seems to be a concernrdquo

Development Control Committee 89 of 100 Date printed 9 November 2011

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 PPS1 and PPS3 encourage the reuse of previously developed land and bearing in mind the sitersquos location within an existing settlement and a primarily residential area it is considered that the principle of residential development is acceptable

722 Easton on the Hill is classified as a lsquoCategory A Network Villagersquo in the Rural North Oundle and Thrapston Plan where there is scope for windfall development providing the development satisfies other criterias set in Policy 2 in terms of scale siting design has a satisfactory means of access and does not adversely affect the surrounding environment

723 Furthermore the principle of residential development to the rear of the properties along Westfields is already established by the recent development granted for 10 housing units to the rear of Nos9 to 21 Westfields under reference EN0800284FUL on 11062008 Therefore providing the development satisfies all other planning considerations (as listed above) it would be difficult for the Council to resist the development

73 Visual Impact

731 The application is in outline full details of the external appearance of the dwellings including their size positions and layout would be subject to a separate application and would be considered at the Reserved Matter stage

732 Whilst the application is in outline a layout plan has been submitted to provide an indicative illustration of the layout of the development and information has been provided by the agent to confirm the maximum scale parameters of the dwellings

733 In terms of layout it is considered that a housing scheme can be accommodated without detracting from the grain of surrounding development This is given that that the properties along Westfield follow a vertical pattern of development and the properties along The Crescent (to the west of the site) follow a horizontal pattern of development In addition whilst the properties along Westfields (that back onto the site) are located on more spacious plots and have longer and larger rear gardens the gardens of the properties along Western Avenue and some of those along The Crescent have much shorter and smaller gardens Given the surrounding mixture of garden layout and sizes it is considered that the development can potentially be accommodated without resulting detriment to the surrounding pattern of development and can be laid out without appearing too cramped

734 In terms of the height of the development a two-storey house measures approximately 8 metres in height to the ridge and the maximum height specified for the dwellings is between 85 to 10 metres in height The proposal is to have two-storey housing development with second floor accommodation provided in the roof and the maximum eaves height parameters of 50 to 55 metres stated by the agent would reflect this Given that the surrounding development is mainly two-storeys high and the fact that the dwellings would be barely visible from the main road it is considered that there will be no significant visual impact from this proposal

Development Control Committee 90 of 100 Date printed 9 November 2011

735 Based on the submitted information it is considered that the dwellings can be accommodated on this site without resulting harm to the character and appearance of the area A condition to require that the dwellings be two-storeys high and have a maximum ridge height of 100 metres (55 to the eaves) however is recommended in the interests of the character and appearance of the area to preserve neighbour amenity and to ensure that the development is carried out in accordance with the submitted proposals

736 Comments were received from neighbours raising concerns that the development would result in the loss of valuable open green space which lies to the rear of the properties The site currently forms the private rear gardens of Nos31 and 33 Westfields and given that this space is mostly concealed away and is not visible from public viewpoints it is considered that this space does not offer sufficient amenity value and therefore there is insufficient justification for the Council to prevent development on the site

74 Neighbouring Amenity

741 The submitted indicative layout plan demonstrates that the dwellings can be positioned within the site without resulting in an undue overbearing overshadowing or overlooking effect upon the occupiers in the residential properties nearest to the site including numbers 31 and 33 Westfields numbers 1 3 17 19 21 23 The Crescent and numbers 38 36 and 34 and 32 Western Avenue

742 The neighbouring buildings numbers 31 and 33 Westfields are positioned over 20 metres away from the northern boundary of the site Numbers 13 17 19 21 23 The Crescent are positioned approximately 28 metres away from the western boundary of the site and numbers 38 36 and 34 are positioned 20m metres away from the southern boundary of the site Whilst No32 Western Avenue is positioned approximately 14 metres away from the boundary of the application site this neighbouring property and rear garden area are positioned at an oblique angle to the site In addition the building shown south of Plot 3 on the submitted plan is a single-storey garage with openings in the eastern side

743 Whilst the exact positions of the proposed dwellings are unknown in this application for outline planning permission the dwellings are likely to be positioned within the site away from the boundaries and this is likely to further increase the front-to-front or back-to-back distance between the dwellings erected on the site and the existing surrounding houses A front-to-front or back-to-back distance of between 17 and 20 metres is normally sufficient to prevent any significant overlooking overbearing or overshadowing between buildings and would be sufficient in this case given the levels are relatively consistent within the site and with the surrounding properties

744 In terms of the impact on No32 Western Avenue the indicative position of Plot 4 shown on the submitted layout plan would demonstrate that a dwelling can be positioned at a minimum distance of 18 metres away from the rear of No32 Western Avenue Whilst this distance and the oblique angle between the Plot and the neighbouring property is sufficient to prevent undue overlooking and overbearing between the properties this distance can be extended if Plot 4 is positioned further within the site and is a matter than can be considered in the Reserved Matters

745 In terms of the impact on the garage located at the rear of No38 Western Avenue given that this building is single-storey in height no more overshadowing or overbearing impact is likely to result on this building than if 20 metre high fencing is erected along the boundary Furthermore adequate boundary screening would help to preserve the privacy of the neighbourrsquos garden

Development Control Committee 91 of 100 Date printed 9 November 2011

746 All other surrounding dwellings will be positioned further away and will be remain sufficiently physically removed and hence will not be adversely affected

747 Whilst some neighbours along Western Avenue have raised concerns that the boundary screening to the southern boundary of the site are inaccurately shown on the submitted drawing full details of boundary screening a survey of existing trees and landscaping can be requested by condition and this is a matter that can be considered at the Reserved Matters Therefore conditions have been recommended accordingly

748 In addition concerns have been raised by neighbours that the proposed access would result in undue noise disturbance due to increase in vehicular movements and intensification of use of the site The properties located immediately adjacent to the access are No1 The Crescent and No33 Westfields Given that the access is already in use by the occupants at No33 Westfields and the nature of the proposed development (for residential use of four units) it is considered that there are unlikely to be significant noise issues from this proposal and any noise resulting from traffic during development is likely to be temporary

749 Overall the impact on neighbouring amenities is considered insufficient to warrant the refusal of planning permission on this outline planning application

75 Highway Impact

751 Concerns were raised by local residents about the impact of the development upon highway safety The concerns primarily relate to the cumulative impact of the development with the existing traffic and parking associated with the local recreational ground allotments farm track local shop the scheme already approved for the 10 dwellings on the site nearby the location of the access to the bend and the access and turning arrangements to and within the site which were described to be narrow and inadequate In particular surrounding residents were concerned about the safety of pedestrian users including school children

752 Again Members are reminded that precise details of the vehicular access is a matter reserved for consideration as part of the Reserved Matters application all that needs to be considered in this outline application is whether the applicant has satisfactorily demonstrated that a vehicular access can be accommodated within the site to serve the proposed development to the Highway Authority standards

753 The Local Highway Authority (NCC) would usually require a shared access to measure 45 metres to allow emerging drivers to pass without conflict and the indicative layout plan shows that a shared access can be accommodated within the site which meets the NCC standards In addition the Local Highway Authority has advised that in order for an access to be acceptable in the location shown pedestrian visibility splays of 20 metres x 20 metres would need to be provided on both sides of the access and in terms of vehicular visibility splays sight lines of at least 430 metres x 430 metres (measured 20 metres back along the centre line of the proposed junction) would be required

754 Following the Highway Authorityrsquos concerns that the western side of the access had been detailed incorrectly (as this falls outside of the applicantrsquos ownership) revised details have been submitted to show visibility splays which falls within the site boundary In addition the vehicular visibility splay in the westerly directly has been extended to 450 metres to improve visibility in that direction for on-coming vehicles

Development Control Committee 92 of 100 Date printed 9 November 2011

755 Overall the Local Highway Authority has no objections to the proposal and is satisfied that a vehicular access can be provided within the site that would meet the NCC requirements In terms of conditions the Local Highway Authority has requested conditions to require (1) details be submitted to show the surface water side inlet gully relocated and installed a minimum of 10m sideway clearance from the shared vehicular access to point of discharge (2) adequate surface water drainage be provided to prevent the unregulated discharge of water onto the highway (3) that the first 50 metres of the vehicular access be hard surfaced and (4) that the first five metres of the access remains un-gated Such conditions and conditions on visibility are recommended accordingly in the interest of maintaining the safety of pedestrians and the safety of other highway users

756 The Highway Officer has considered the Traffic Survey submitted with the application and has advised that a survey of vehicular movements outside of busy hours is necessary for the collection of data which is intended to monitor the maximum speed of traffic In particular the Officer comments ldquoStopping Sight Distances is determined by the 85tile speed of traffic which determines the minimum distance emerging drivers are required to be available to assist whilst emerging from the shared driveway Noting the horizontal alignment and parked vehicles within the street the submitted data would appear to be appropriate for this particular layoutrdquo To summarise the Officer has taken into account the speed of traffic and the minimum distance necessary for vehicles exiting in this location to see on-coming traffic and noting the parking layout of vehicles along the street the submitted Traffic Survey would appear to be appropriate

757 In addition the Highway Officer was requested to consider whether roadway improvement works would be necessary for the section of road which runs between Westfields and The Crescent On this matter the Highway Officer advised that ldquoWith the proposed development of 4 dwellings I would not anticipate off site accommodation works although the applicant may wish to promote the change of priority to assist with reducing the traffic speed even further This in turn may help with the overall flow of traffic throughout the complete 24hour periodrdquo Overall the Highway Officer does not consider that the proposed development would have an adverse affect on the surrounding roads to the extent that would justify highway improvements and therefore it would appear unreasonable for the Council to request for these improvements This is given the overall scale and nature of the development

758 In terms of parking many of the properties along Westfields have off-road parking provided within the front garden curtilage In addition on-street parking is available in between vehicular access points along the street The proposed development comprising of four detached residential units is likely to generate the need for approximately 8 parking spaces (2 parking spaces per unit) The indicative layout shows single garage parking and driveways which allow parking for two vehicles to serve each property As the indicative layout has demonstrated that approximately 12 off-road parking spaces can be provided to serve the development (3 parking spaces per unit) it is considered that overall the submitted information has demonstrated that sufficient parking can be provided

759 The application site lies approximately 130 metres away from the scheme of 10 residential units granted on land to the rear of Nos9 to 21 Westfields Whilst both developments are located along Westfields they are located some distance away from each other and have different access arrangements Overall it is considered that each development would have to be considered individually in terms of its highway impact and on its own merits

Development Control Committee 93 of 100 Date printed 9 November 2011

7510 Overall it is considered that there will be no significant highway impact from this proposal and the impact on highway safety is insufficient to justify a refusal of planning permission on this application

76 Access for Emergency Vehicles and Refuse Storage and Collection

761 The indicative layout plan shows a shared access which meets the Local Highway Authority standards and this would sufficiently demonstrate that emergency vehicles would be able to gain access to the site

762 In terms of refuse collection the Local Highway Authority had initially commented that they would not wish to see refuse stored at the front of the site that would obstruct the vehicular access or public highway In response to the Local Highway Authorityrsquos concerns the amended drawings now show a section of the first 10 metres of the vehicular access widened to measure 58 metres in width and this would demonstrate that sufficient space can be provided at the front of the site for the storage of bins before collection without resulting obstruction to the access drive or public pavement

763 Due to the distance of the properties to the highway (some 70 metres) this means that the future occupiers would have to move their refuse to the front of the site near Westfields for collection ENC Waste Management would not be able to collect waste directly from the site as the distance recommended by ENC Waste Management for Waste Crews to travel to collect waste must not exceed 25 metres and the recommended distance for residents to travel to use bin stores should not be more than 30 metres Overall it is considered that the proposed refuse collection arrangements would be insufficient to justify the refusal of planning permission on this application

77 Drainage and Sewerage

771 Concerns were raised by some of the surrounding residents that the development would add strain on the existing drainage and sewerage systems and that the area experiences a low pressure problem Building Control and Environmental Protection were consulted on this matter and they have responded as follows

772 Building Control has advised that they were not aware of any drainage issues in the area In terms of the cumulative impact of the development with the development already granted for the 10 units on land to rear of Nos7 to 21 Westfields it is for the developer to liaise with Anglian Water to provide adequate drainage and sewerage facilities to serve the development and this may involve upgradingimproving the existing systems

773 Environmental Protection advises that they have checked through their records relating to drainage in the local area Whilst there have been some problems at individual properties ie where there have been breaks in pipes due to rats and problem with a blocked shared drain works were carried out by Anglian Water and the file was closed in March this year

774 Overall there are no apparent issues that would justify the refusal of planning permission However in order to ensure that satisfactory drainage systems are provided to serve the development a condition to require the submission of drainage details together with the other Reserved Matters details is recommended

78 Housing need in Easton on the Hill and whether existing local services would cope with demand

Development Control Committee 94 of 100 Date printed 9 November 2011

781 Housing Strategy has advised that there are approximately 500 houses in Easton on the Hill of which 82 are deemed affordable (14 are shared ownership and 68 are rented) For a development site of less than 028 hectares it is likely that market housing made up of smaller units would be needed ldquoThe Strategic Housing Market Assessment (SHMA) indicates that the need in the Fineshade Ward is for smaller dwellings which I would interpret as two bedroom properties Fineshade has in fact got one of the highest levels of under occupancy in the District which indicates that there are a lot of larger dwellings in the wardrdquo

782 Whilst the Housing Market Assessment suggests that there is a need for smaller units and Housing Strategy has suggested that bungalows would be a more appropriate type of housing for the local area it is considered that the proposed development comprising of medium sized detached units would be more in-keeping with the layout of housing and tenure found in the local area Overall it is considered that the lack of need for medium sizedlarger units would be insufficient to justify the refusal of planning permission on this application

782 Residents express concern that the development would increase demand on local services The number of dwellings proposed and size of the site falls below the threshold set out in our SPD in respect of developer contributions

79 Impact on nature and conservation

791 Whilst the proposal involves demolition of the existing garage located to the side of No33 Westfields this is a domestic garage that has been in use and therefore there are unlikely to be any bats or birds to be affected

710 Impact on trees

7101 Most of the vegetation bordering the site to the southern eastern and western boundaries consists of a mixture of trees and shrubs In particular a row of conifers lie along the northern part of the western boundary of the site and these are situated within the garden of the neighbouring property No1 The Crescent In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the main boundaries of the site conditions requiring the submission of tree protection details and Arboricultural Method Statement details are recommended

7102 Whilst a few trees can be found located within the site these offer limited amenity value to the wider surrounding area Subject to most of the trees located along the main boundaries of the site being retained and that a landscaping scheme is provided it is considered that this would help to assimilate the development into the surrounding area and help to preserve neighbour amenity

8 Other issues

81 Amenity space -The submitted indicative layout would show that adequate amenity space could be provided to serve the dwellings In addition sufficient amounts of rear garden area would be left for the original properties Nos33 and 31 Westfields

82 Withdrawal of permitted development rights ndash In order to safeguard the amenity of the future occupiers of the dwellings and ensure the dwellings would not be unacceptably altered in the future (particularly in the roof) and to avoid detriment to the character and appearance of the area it is recommended that Class A B and C permitted development rights (relating to extensions and roof alterations) be withdrawn from the properties

Development Control Committee 95 of 100 Date printed 9 November 2011

83 Crime and Disorder - this application does not raise any significant issues as there would be mutual overlooking between the dwellings within the site and surrounding the site A condition however to require details of a scheme of lighting to be submitted is recommended to ensure that the access driveway is appropriately lit in the evenings

84 Access for Disabled ndash the buildings would not be subject to any public access and therefore does not raise any significant issues

9 Recommendation

91 That the application be GRANTED subject to the following conditions

10 ConditionsReasons -

1Approval of the details of the access siting scale and appearance of the building(s) and the landscaping of the site (hereinafter called ldquothe reserved mattersrdquo) shall be obtained from the local planning authority in writing before the development is commenced

Reason The application is in outline only and the reserved matters referred to will require full consideration by the Local Planning Authority

2Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

3The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

4The details required to be submitted by condition No 1 shall include the provision of boundary screening to the site This shall include details indicating the positions height design materials and type of boundary treatment to be erected This boundary screening shall then be provided in accordance with the details so approved before the development is brought into use and shall be retained thereafter in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

5The dwellings hereby approved shall be limited to a maximum height of two storeys only with rooms in the roof in accordance with the principles of the submitted design and access statement received on 20th July 2009 and agent email received on 26th October 2009 and shall have ridge heights not exceeding 100 metres and eave heights not exceeding 55 metres

Reason In the interests of the character and appearance of the street scene and amenities of the neighbouring occupiers

Development Control Committee 96 of 100 Date printed 9 November 2011

6The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include drawings showing the slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall there after be constructed in accordance with the details so approved in writing by the local planning authority unless otherwise agreed in writing by the Local Planning Authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

7Before commencement of development details and samples of the external materials to be used for the construction of the dwellings shall have been submitted to and be approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

8The details required to be submitted by Condition No 1 hereof shall include the provision of foul water and surface water drainage installations to serve the development proposed

Reason To safeguard public health and ensure that satisfactory foul and surface water drainage provisions are provided to serve the development

9The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include vehicular access details and pedestrian visibility splays of 20m x 20m and vehicular visibility splays of 430m x 430 metres (measured from a point 20 metres back along the centre line of the proposed junction) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

10 Before commencement of development details shall be submitted to the Local Planning Authority to show the relocation and installation of the surface water side inlet gully and the gully shall have a minimum of 10m sideway clearance from the shared heavy duty vehicle access to the point of discharge The development shall thereafter be implemented in accordance with the details so approved in writing unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of highway safety

11Adequate surface water drainage system shall be provided to prevent the unregulated discharge of water onto the highway boundary and these measures shall be implemented before the development is brought into use

Reason In the interest of highway safety

12Before the development hereby permitted is commenced details of the construction and surfacing of the vehicular access to the public highway parking facilities and all other hard-surfaced areas within the site shall have been submitted to and approved by the local planning authority These facilities shall then be provided in accordance with the approved details before the first occupation of the development

Reason In the interest of highway safety and visual amenity

Development Control Committee 97 of 100 Date printed 9 November 2011

13The vehicular access shall have a gradient not exceeding 1 in 15 for a distance of 50 metres back from the correct level at the highway boundary Prior to the first occupation of the development hereby permitted this area shall be paved with a hard bound surface for a minimum of 50 metres back from the highway boundary and be thereafter retained

Reason In the interest of highway safety

14Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) any gates or other form of barrier provided at the access point shall be positioned 50 metres back from the highway boundary and shall be hung to open inwards only

Reason In the interest of highway safety

15The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include a scheme of landscaping for the site The details shall include a plan at not less than 1500 showing the position species canopy spread and height of all trees within and adjacent to the site indicating those to be retained and those proposed for felling and planting The development shall thereafter be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development

Reason To ensure a reasonable standard of development and to avoid detriment to the amenity of the area

16Before commencement of development protection details for the on-site trees in particular the trees located along the western southern and eastern boundary of the site shall be submitted to and be approved in writing by the local planning authority These details shall be in accordance with BS58372005 and the development shall be implemented in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

17Before commencement of development an Arboricultural Method Statement shall be submitted to and be approved in writing by the local planning authority This statement shall be in accordance with BS58372005 and the development shall be carried out in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

18Prior to the commencement of the development hereby permitted details of a scheme of lighting for the site shall be submitted to and approved by the local planning authority and the scheme shall thereafter be implemented and retained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To minimize the opportunities for crime and fear for crime

19Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any Order amending or re-enacting that Order with or without modification) there shall be no development within Classes A B or C of Part 1 of Schedule 2 to that Order without the prior written approval of the Local Planning Authority

Development Control Committee 98 of 100 Date printed 9 November 2011

Reason To protect the amenity of adjacent occupiers to ensure a satisfactory elevational appearance for the development and ensure the development would not detract from the character and appearance of the area

20Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy shall be submitted to and be agreed in writing by the Local Planning Authority to demonstrate that the development would meet requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

Informatives

1 The drawings to which this decision relates are as follows

Site location plan scale 12500 shown on drawing number SAS71902 and existing site plan drawing number SAS71901 received on 20th July 2009 drawing number SAS71902 Revision A received on 16th September 2009 Design and Access Statement received 20th July 2009 Sustainability Appraisal and Energy Statement received on 31st July 2009 Scott Architectural amp Interior Services letter received 16th September 2009 and Scott Architectural email received 26th October 2009

2 The reason for the above decision is because the development proposed accords with the Development Plan and other material considerations as required by Section 38(6) of the Planning and Compulsory Purchase Act 2004 In particular with

National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

Development Control Committee 99 of 100 Date printed 9 November 2011

Rural North Oundle and Thrapston Plan (Emerging Policy) Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

Supplementary Planning Guidance Parking SPG March 2003

Planning Out Crime in Northamptonshire Feb 2004

Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008Design SPD March 2009

Development Control Committee 100 of 100 Date printed 9 November 2011

615 One objection giving a detailed analysis of the Inspectors decision requesting that Members not limit their decision to the Inspectors conclusions alone as any subsequent appeal would be considered entirely on its own merits and all evidence reconsidered

62 Rushden Town Council ndash Objection as the Members considered that the proposed change of use would cause an increase in traffic movements noise possible cooking smell and litter nuisance to residents within the area

Members felt that the estimated 50-100 preparations per day was unrealistic and that the proposed ventilation system would not be adequate to eliminate cooking smells from a residential area The Inspectors conclusions of 7 June 2011 remain relevant

63 Northamptonshire Police Crime Prevention Design Advisor ndash No formal objection but recommended that a condition be attached to any approval requiring provision and installation of public litter bins and that the proprietor must take some liability to clear any associated litter in the immediate vicinity Reminded the Council of the need to consider crime and disorder issues on all planning applications as described in PPS1 and Section 17 of the Crime and Disorder Act

64 Local Highway Authority ndash No objection in principle to the proposal The Highways Authority has provided detailed comments on the concerns of residents as regards parking and highway safety These matters are addressed at paragraph 74 Highway Impact Should approval be granted they recommend that the following condition should be imposed

ldquo Notwithstanding the submitted details prior to the commencement of development the following street furniture details shall be submitted to and approved in writing by the local planning authority-

bull The supply and installation of appropriate measures to prevent vehicle access and use whilst maintaining the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safetyrdquo

65 Environmental Protection ndash Initial objection as there was no update to the previous noise assessment An addendum to the previous assessment was deemed to be acceptable and was submitted on 10 October 2011 The addendum showed that there would be no adverse impact on nearby residents and therefore the objection was withdrawn

No objection on the grounds of noise nuisance providing conditions are placed on the planning permission to ensure the equipment stated in section 21 of the acoustic report is used

66 Environmental Health (Commercial) ndash No objection to the revised odour control measures Providing the system is installed according to the manufacturers specification and is regularly and properly maintained this should not give rise to a statutory nuisance by way of odour However the officer cannot state categorically that there will be a total absence of odour and therefore cannot comment upon the loss of amenity of the residents

67 Site notice posted

7 Evaluation

71 The following issues are relevant to the determination of this application

Development Control Committee 5 of 100 Date printed 9 November 2011

72 Principle of development

721 Both National and Local planning policy give priority to the use of previously developed land and buildings as is the case with this site

722 The site previously contained an A1 use however as the site is not within a primary shopping frontage there is no objection to the loss of this retail unit

723 The site however lies within what is predominantly a residential area and whilst PPS4 requires planning authorities to adopt a positive and constructive approach towards planning applications for economic development in determining whether the principle of development would be acceptable consideration needs to be given to the impact that the development would have on this residential area and how this differs from the existing A1 use

724 The statement issued by The Minister of State for Decentralisation on 23 March 2011 followed the commitment made by the Chancellor of the Exchequer in the Budget to publish an ambitious set of proposals to help rebuild Britains economy It was identified that the planning system had a key role in ensuring that sustainable development to support economic growth

725 The Ministerial Statement included an obligation for local planning authorities to ensure that they give appropriate weight to the need to support economic recovery and that applications that secure sustainable growth are treated favourably (consistent with policy PPS4) and that they can give clear reasons for their decisions

726 Policy 13 of the North Northamptonshire Core Spatial Strategy builds on these objectives to meet needs while protecting assets and the recommendation for refusal in this case is based on the core values of this policy

727 It is considered that the Ministerial Statement although having relevance to the application will not change the weight given to other material considerations relevant to this application

73 Visual impact

731 The proposed external changes to the building are the removal of the existing access door the provision of a new access door to the north elevation in Prospect Avenue the provision of an access ramp and the installation of a black painted external steel flue located adjacent to and to the same height as an existing chimney stack It is considered that the proposal would not result in a detrimental impact on the character and appearance of the street scene or the surrounding area

732 Should Members be minded to approve the application a condition could be imposed in relation to the appearance and the installation of the external ducting

74 Neighbouring Amenity

741 Unlike a retail use takeaways unless they are carefully controlled can result in noise and odour problems

742 Environmental Protection (Residential) have offered no objection The acoustic report submitted as part of the application demonstrates that the proposed development is unlikely to have any adverse impact on nearby residential premises They recommend that a condition is placed on the planning permission requiring that the extraction system referred to in paragraph 21 of the acoustic report is installed

Development Control Committee 6 of 100 Date printed 9 November 2011

743 Environmental Protection (Commercial) have offered no objection as regards odour providing that the electrostatic precipitator which would control odour levels is installed correctly and maintained in a manner recommended by the manufacturer

744 However when dismissing the appeal against the previous refusal the Inspector noted (paragraph 8) that Annex 1 of Planning Policy Statement 23 Planning and Pollution Control says statutory nuisance is not intended to secure a high level of amenity and nuisance does not equate to a loss of amenity Rather a significant loss of amenity will often occur even with a highly effective system The Inspector considered that the views of the EHO in relation to odour did not necessarily indicate that harm to the amenity of residents would not result from the proposal but was satisfied that any noise from inside the building or from the ventilation system would have no adverse affect

745 The Inspector was also of the opinion (paragraph 7) that given the close relationship of the site to the surrounding dwellings the nature of the food to be cooked and the character of the area that no condition attached to a grant of planning permission would ensure that a suitable ventilation system could be agreed

746 In view of the previous appeal decision the Inspectors comments and those of the EHO that they are unable to state categorically that there will be a total absence of odour the proposal has strong potential to detract unreasonably from the living conditions of the neighbouring residents by virtue of odours arising from the cooking process and therefore conflicts with Policy 13 of the North Northamptonshire Core Spatial Strategy

75 Highway Impact

751 The Local Highway Authority has no objection to the application as in its opinion the proposed takeaway would not significantly attract any more traffic flow than the existing A1 use

752 A large percentage of objections to the proposal refer to problems with on street parking in Prospect Avenue and the dangerous junction with Higham Road due to limited visibility and irresponsible parking

753 The Local Highway Authority has provided a detailed response on the highway safety and parking issues raised by local residents In summary the response states that the width of both Prospect Avenue and Higham Road allow some form of on-street parking although this is restricted by junctions and driveways To allow an emergency vehicle or bus to pass through easily would mean that cars could not be parked directly opposite each other Considerate parking to allow the safe movement of all road users is a requirement of the ldquoHighway Coderdquo

754 The original response was based on the opinion that both Prospect Avenue and Higham Road had a nominal width of 73 metres When this statement was challenged the Local Highway Authority accepted that Prospect Avenue had a width of 69 metres and the width of Higham Road varied No figures were given for this variation They therefore concluded that the roads did have a nominal width of 73 metres and made no change to the opinion that the highway authority had no objection to the proposal

755 The Highway Authority advise that consideration could be given in the future to imposing a ldquoTraffic Regulation Orderrdquo at the junction of Prospect Avenue and Higham Road This would allow the provision of double yellow lines which could then be subject to enforcement action by the appropriate authority This would already apply to the bus stops on either side of Higham Road

Development Control Committee 7 of 100 Date printed 9 November 2011

756 The Local Highway Authority has also provided figures relating to accidents classified as serious within the Department for Transport definition These figures were taken from statistics from 2001 to 2007 while the premises concerned was still operating as a shop and before the opening of the Rushden and Higham bypass The figures show two serious accidents within 100 metres of the junction and two more slightly outside the 100 metre radius

757 Since 21 September 2010 there have been no injury collisions recorded at or near to the junction of Higham Road and Prospect Avenue and only two damage only collisions For this reason the Local Highway Authority believes there is no reason for concern over the junctionrsquos history with regard to the application under consideration

758 The Local Highway Authority does however have concerns that inconsiderate drivers may park on the footway fronting the development site and should the application be approved has suggested the following condition ldquoNotwithstanding the submitted details prior to the commencement of the development the following details shall be submitted to and approved in writing by the local planning authority-

bull Measures to provide appropriate street furniture to prevent vehicle use whilst maintain the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safety

759 Although the Local Highways Authority has no objection to the application subject to condition they advise that the Local Planning Authority has to satisfy itself that there would be sufficient on-street parking to sustain the development

7510A large number of representations have highlighted the parking issues in Prospect Avenue particularly at the junction with Higham Road and the impact parking has on the free flow of traffic in and out of the Avenue This was particularly true when the previous retail unit was still open

7511Although the visibility splays on exiting Prospect Avenue into Higham Road are acceptable the Local Highways Authority do not consider the visibility on turning off the main road Located within the pavement on both sides of Prospect Avenue and near to the junction are two large trees the trunks of which do limit visibility along Prospect Avenue as you turn in Any vehicles parked close to the junction would cause vehicles entering or leaving the Avenue to drive in the middle of the road This fact along with the reduced visibility on entering Prospect Avenue is a cause for concern

7512There is a clear conflict of interest with a proposed facility that would inherently attract a level of private car travel to a site in a residential area that relies heavily on on-street parking The nature of a hot food takeaway requires that food is taken away to be eaten while still hot and despite what the Highway Authority says your officers view is that it is likely that the level of private car travel will be higher than for the previous retail use

7513Whilst accepting that the proposed use is likely to have some adverse impact on the highway network such impact would not warrant a refusal on the grounds of highway safety due to the remedial measures suggested by the Local Highway Authority

Development Control Committee 8 of 100 Date printed 9 November 2011

7514Highway safety was one of the reasons for refusal on the previous application The Inspector concluded that due to opportunities to park nearby the proposal would not have a material effect on highway safety when compared with the existing use as a shop and that the proposal would not conflict with Policy 13 of the Core Strategy Costs were not awarded against the Council on this reason for refusal as the Inspector believed the Council had not been unreasonable in its position However it would be unreasonable behaviour if the Council continued to argue that the proposal would impact on highway safety

76 Litter and Other Environmental Impact

761 Increased litter is a major concern of objectors along with the vermin which it may attract

762 Litter bins and recycling bins are to be made available on site although full details are not provided Provision of details could be controlled by condition if Members were minded to grant permission

763 The applicant states that there will be no trade effluents or waste As the proposal is for a fish and chip shop it would seem natural that there will be food waste including the parts of the fish which are not used if the fish are prepared on the premises and used cooking oil Should Members be minded to approve the application these are matters which could be controlled by condition

77 Crime and Disorder

771 Many local residents have raised concerns that the takeaway would result in crime and disorder issues Northamptonshire Police have advised that they have no evidence to suggest that the change of use will increase occurrences of anti-social behaviour in the area and that they have no formal objection to the application They recommend the addition of a condition requiring that the proprietor of the premise fund the installation of appropriately placed public litter bins and take liability to clear any associated litter lying around in the immediate vicinity

772 As Northamptonshire Police have raised no objection to the proposal and would be the authority responsible should issues arise it is considered that the application would be difficult to refuse on grounds of crime and disorder Northamptonshire Police have also been consulted by Northamptonshire County Council regarding the switching off of the adjacent street lighting

773 In the determination of the previous application one reason for refusal agreed by Members was the likelihood of an increase in and the fear of crime and disorder In his appeal decision the Inspector stated that there was no evidential basis to show an expected increase in crime and disorder in connection with the change of use and that the fear of crime did not demonstrate a conflict with Policy 13 if the Core Strategy Costs were awarded against the Council as significant weight had been placed on the concerns of the public rather than valid planning reasons (paragraph 5)

78 Proximity to local schools

781 Many local residents have raised concerns about the possibility of a takeaway being opened at a site which lies between the two local secondary schools and on a route that schoolchildren will take Their concerns are that pupils from both the Ferrers Specialist Arts College and the Rushden Community College will have easy access to unhealthy food

Development Control Committee 9 of 100 Date printed 9 November 2011

782 In June 2010 the High Court quashed a decision taken on an application for a takeaway close to a school [ R (on the application of Copeland) v Tower Hamlets London Borough Council] The facts of the case were that Tower Hamlets had approved an application for a hot food takeaway within 500 yards (457 metres) of the entrance to a local school The Judge ruled that the Councillors had been wrongly informed that they could not take the proximity of the school into account as a material consideration The Judges view was that the healthy eating policy of the school should have been considered by the Council

783 The case does not mean that applications for takeaways close to schools should automatically be refused What it made clear however is that the proximity of a takeaway to a school is a material consideration Members need to consider the weight to apply to this consideration

784 One further reason for refusal of the previous application was that it was contrary to Policy 13 of the Core Strategy which states that development should be designed to promote healthier lifestyles The Inspector concluded that although the proximity to the school and the health of pupils was a material consideration the numbers of pupils taking advantage of the proposal would not be significant as to warrant refusal Costs were awarded against the Council as to carry significant weight such concerns should be founded on valid planning reasons supported by substantial evidence It was the Inspectors opinion that such evidence had not been forthcoming (paragraph 5)

785 As alternative existing takeaways with similar or longer opening hours are available locally overall it is considered that the proximity to the school and the health of the public would not warrant a refusal of planning permission

79 Public Opposition

791 Public opposition can be a material consideration even if it is found to be unjustified It remains a matter for the decision maker to asses the weight to be applied Fears and concerns by members of the public may constitute a material consideration if they relate to a matter which in itself is material or they are objectively justified However where public concern is baseless such concern should not influence any decision to an unreasonable degree

792 The public opposition in the case includes concerns about all of the material considerations above principle of development visual impact neighbouring amenity highway impact litter and environmental impact crime and disorder and proximity to local schools The public opposition is therefore itself a material consideration However for reasons set out in this report officers views are that these concerns would not warrant a refusal of planning permission

8 Other issues

81 Access for the Disabled ndash The proposal incorporates a ramped access to the serving area Therefore this application does not raise any significant issues which cannot be controlled through Building Regulations

82 The Local Area Agreement (LAA) is not an adopted Development Plan Document (DPD) Northamptonshires LAA forms part of the action plan for delivering the Sustainable Communities Strategy priorities One such priority is to help residents to make choices that improve their health and wellbeing However the LAA forms only part of the Community Strategy priorities and lies outside the area of wider planning policy The Northamptonshire NHS Healthy Weight Healthy Lives Strategy 2010-2014 and the Schools Healthy Eating Policies have already been taken into account when considering the proximity of the takeaway to the local schools and it is the officers view that the LAA would not add any further weight to warrant a refusal

Development Control Committee 10 of 100 Date printed 9 November 2011

83 The need for this type of business is not in itself a material consideration There is no adopted Development Plan Policy which seeks to limit the number of takeaways in this particular area

84 The issue of subsidence at the site is not a material planning consideration

85 Fire safety precautions would be subject to Building Regulations

86 Localism It is the clear intention of the government to reform the planning system to give local people more influence over their lives However the Localism Bill is still working its way through Parliament and may be subject to change before it becomes law and should be given limited weight

87 Repeat applications The criteria for acceptance of planning applications for similar development at a specific site are provided in Part 4 of the Planning and Compulsory Purchase Act 2004 Guidance is given in ODPM Circular 082005 Powers to decline to determine an application extend only to two refusals by the local planning authority within the last two years The Circular also states that if an application has been revised in a genuine attempt to take account of objections to an earlier proposal then it should be determined The current application has been submitted taking into account the Inspectors reason for refusal

9 Recommendation

91 That the application be REFUSED for the following reason

10 ConditionsReasons -

1 The proposed development due to the close relationship of the site to the surrounding dwellings by reasons of smell and odour would give rise to a significant loss of amenity for neighbouring dwellings The application is therefore considered to be contrary to Policy 13 (l) of the North Northamptonshire Core Spatial Strategy which states that development should not result in an unacceptable impact on the amenities of neighbouring properties and the wider area by reason of noise vibration smell light or other pollution loss of light or overlooking

Informatives

1 The drawings to which this decision relates are as follows Drawing nos 1 and A100 received by the Local Planning Authority on 18 July 2011

Development Control Committee 11 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 28 October 2011

Case Officer Samantha Hammonds EN1100700OUT

Date received Date valid 9 May 2011 15 June 2011

Windmill Raunds

Overall Expiry Ward Parish 14 September 2011 Raunds

Applicant Roxhil Warth Ltd And Robert How - Mr M Eckershall

Agent Mr David Shaw

Location Phase 2 Warth Park Way Raunds Northamptonshire

Proposal Outline Demolition of existing buildings development of employment park including A345 B1b and c B8 C1 Di and D2 uses together with access parking areas and open space (all matters reserved except for access)

1 Summary of recommendation

11 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

2 The proposal

21 This is an outline application for development of an employment park including A345 B1b and c B8 C1 D1 and D2 uses together with access parking areas and open space to make way for the proposed development the existing Scalley Farm would be demolished Only access is up for consideration at this stage all other matters are reserved for later consideration

22 Indicative plans have been submitted that show how the site could be developed These plans show a cluster of leisure uses including a hotel health and fitness unit two family pubs a family restaurant and a creche forming a gateway to the development and to Raunds itself by reason of their position on the northern corner of the site adjacent to the A45 roundabout and opposite the football club West of this leisure gateway would be a cluster of small B1b and c business units which could be for research and development laboratories or light industry and these would be situated immediately north of the existing Wiseman Dairies building A new estate road would run between the business and leisure clusters leading in an arc to three large B8 warehouse units and their associated parking Beyond these in the western corner and north western edge of the site would be an area of landscaped public open space and sustainable urban drainage systems A public footpath and cycleway would meander through the public open space joining up with the end of the Meadow Lane bridleway

23 The indicative breakdown of uses that has been put forward in the application (Transport Assessment and Sequential Impact Assessment) is as follows

Development Control Committee 12 of 100 Date printed 9 November 2011

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

24 The following reports and information accompanied the application bull Environmental Statement bull Design amp Access Statement bull Sustainability Statement bull Transport Assessment bull Framework Travel Plan bull PPS4 Sequential and Impact Statement bull Outline Waste Management Plan bull Ground Investigation Reports bull Statement of Community Involvement bull Flood Risk Assessment

25 During the course of the applications revisions were made to the masterplan road layout Flood Risk Assessment the Travel Plan the Archaeological Investigation Ecological Surveys Sequential and Impact Assessment and additional photomontages were produced A full re-consultation on these amendments was initiated on 29 September 2011

26 As the proposal is for a major out of centre development and includes leisure uses the application will need to be referred to the Secretary of State before permission can be granted

3 Site and Surroundings

31 The site is situated to the north west of the settlement of Raunds and is currently agricultural land occupied by a farmstead known as Scalley Farm The site forms a large triangle of land to the north and west of the existing Warth Park development bound to the south by Meadow Lane to the north west by the A45 and to the east by London Road Open countryside surrounds the site in all directions except to the east where the site abuts the built edge of Raunds and its associated mix of employment leisure and residential uses

32 The site is effectively a valley slope with its south eastern end situated on a ridge before sloping down towards the north west and the A45 Beyond the site boundary and the A45 the valley continues to slope downwards towards Stanwick Lakes and the River Nene

33 The Upper Nene Valley Gravel Pits Site of Special Scientific Interest (SSSI) and the Special Protection Area (SPA) is situated some 200m to the north east of the site on the opposite side of the A45 This area also accommodates two former medieval settlements which are historic monuments of special archaeological interest

34 Whilst part of the application site is situated in the parish of Ringstead the village of Ringstead is some distance away from the proposal

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development

PPS4 ndash Planning for Sustainable Economic Growth (and Practice Guide) PPS7 ndash Sustainable development in rural areas

Development Control Committee 13 of 100 Date printed 9 November 2011

PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

PPS22 ndash Renewable Energy PPG24 ndash Planning and Noise

PPS25 ndash Development and Flood Risk

42 Regional Spatial Strategy for the East Midlands (RSS8) Policy 1 - Regional Core Objectives Policy 2 - Promoting Better Design Policy 11 - Development in the Southern Sub-Area Policy 18 - Regional Priorities for the Economy Policy 20 - Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 22 - Regional Priorities for Town Centres and Retail Development

43 East Northamptonshire Local Plan 1996 Saved Policy GEN3 ndash Planning Obligations

44 North Northamptonshire Core Spatial Strategy Policy 1- Strengthening the Network of Settlements Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution amp Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

45 Supplementary Planning Guidance Planning out crime Parking Sustainable Design Biodiversity

46 Other documents HM Treasury Plan for Growth (March 2011)

Draft National Planning Policy Framework (July 2011) East Northamptonshire Employment Land Review (ELR) December 2006 Northamptonshire Strategic Employment Land Assessment (SELA) November 2009

Raunds Masterplan Raunds Area Preferred Options

5 Relevant Planning History

51 0200025FUL - Use for B1 business B2 industrial and B8 warehousedistribution Permitted March 2003

52 0300564OUT - Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted

53 0600904RWL - Renewal of 0300564OUT Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted July 2006

54 0701304REM - Approval of reserved matters for a single industrial warehouse building Permitted September 2007

55 The above consents in as far as they relate to the application site have expired and can no longer be implemented

6 Consultations and Representations

61 Responses from residents and neighbours

Development Control Committee 14 of 100 Date printed 9 November 2011

611 10 objections were received from local residents of Raunds and Stanwick

LANDSCAPE AND VISUAL bull Worried about loss of countryside bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Impact on visual amenity of the district It will be seen for miles around including views

to and from Stanwick Lakes This sort of development should be out of view not on the skyline

bull More landscaping is needed to hide the big sheds along the Meadow Lane boundary bull More attention is needed to bunding screening and landscaping using mature trees bull Can we insist on darker cladding like the GEM building at the entrance to Warth Park

as this greatly reduces the visual impact a short distance away bull Photomontages are misleading as they are taken from a long distance bull To extend the existing Warth Park development as proposed would be a mistake as it

would be a blot on the landscape bull Views from Stanwick Ringstead and Addingtons would be destroyed bull More consideration is needed of the view from Stanwick Lakes which is an area of

natural beauty and a top tourist attraction bull Industrial units ruin the first impression of Raunds gateway Raunds is a picturesque

rural town not an industrial estate bull No architectural merit of appeal bull How will the gateway look as you approach the site from within Raunds This is more

important to local people than the long-distance views bull Height of the proposed units is out of scale to the existing development bull Layout increases the visual impact and simply serves to cram as much in as possible

around the site constraints

TRAFFIC bull Increase in lorry traffic on the single carriageway A45 between Stanwick and Thrapston bull Too many lorries going in and out causing congestion bull Lorries use London Road as a short cut even though they are not supposed to

London Road is too small to cope with existing lorries The additional traffic will worsen the situation particularly if 24 hours

bull Existing hazard created by heavy lorries accessing the sewage works via a narrow bridleway More sewage will mean more traffic hazard

bull More traffic on the A45 will mean increased delays where the A45 changes from dual to single carriageway making it more likely that vehicles will seek shortcuts through Stanwick particularly during the construction phase

bull Developments of this magnitude should be on duelled roads (ie Thrapston Wellingborough)

bull Existing London Road roundabout is not suitable or of adequate size to handle HGVs bull Existing operators on Warth Park phase 1 wish to be assured that there will be no

restrictions on their vehicle movements during construction and that there will be no access to the B1C units from the Robert Wiseman access

NOISE bull 69 London Rd 17 Gardner Close 33 Crispin Way 38 Keston Way bull Have to close our windows at night due to the noise of lorries engines shunting

loading reversing sirens air conditioning fans shouting etc bull Noise during the day disturbs shift workers sleep bull More thought needs to be put into the effect of noise pollution in the local area bull Too close to a residential area to have 24 hour operation bull Additional 24 hour warehouse units will increase both the volume and frequency of the

existing disturbance bull Existing noise bunds along London Road are inadequate The height and planting of

these should be looked at bull Noise should be monitored

Development Control Committee 15 of 100 Date printed 9 November 2011

bull Could we prevent the use of reversing sirens and fansair conditioning at night bull Noise evaluation taken on a quiet day at a quiet time of year bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Anticipate huge increase in traffic noise

RESIDENTIAL AMENTIY bull Light pollution during the winter months - existing security lighting is intrusive to our

homes Further development will only increase this bull Existing lights dazzle as far away as Stanwick bull Lighting needs to be upward and not positioned so it reflects off buildings bull CCTV cameras that are operator controlled could zoom in on bedrooms at the rear of

our properties

PRINCIPLE NEED bull Is it really necessary The last development took ages to become occupied and these

have not provided the level of employment that was anticipated bull Concerns about Northamptonshire becoming a low skilled work area full of

warehouses bull Too much emphasis on low skilled part-time temporary work bull Workforce will come from surrounding conurbations not Raunds bull Environmental impact of hauling goods around on the roads to store in sheds bull Adverse impact on tourism if visitors to the area only see big sheds bull Serves the needs of the developers more than the local community bull Excessive scale of development bull This area should not proceed as this area was not even discussed for significant

extension at the latest consultation bull Will take trade away from the existing town shops rather than bring in new business bull Not all the plots on the first development were taken until the rent was dramatically

reduced putting more pressure for them to be dropped even lower now therersquos more

BOUNDARY bull Outside the boundary of Raunds it overlaps with adjacent villages

SUSTAINABILITY bull Suggest solar power for the roofs bull Renewable elements should be included bull A post construction BREEAM assessment should be carried out

FLOODING bull Building up contours to create balancing ponds will increase winter flooding of the A45

underpass bull Meadow Lane is already badly affected by winter runoff Further development will

exacerbate the problem

WILDLIFE bull No mention of red kites which are moving to the Stanwick area and use the site as their

hunting ground bull No consideration of the impact on fish in local streams bull No consideration of wildlife impact of turning rough ground into a manicured park

LOCAL INFRASTRUCTURE bull If the development goes ahead need to consider what provision is being made for the

community Will they provide space and land for social community buildings

CRITICISMS OF SUBMISSION PROCESS bull questionnaires worded with bias so that all answers have been misconstrued to favour

the application and not represent personal views bull The exhibition seemed to show a different proposal

Development Control Committee 16 of 100 Date printed 9 November 2011

bull submission contains misleading and inaccurate information (for example by saying the site is not visible from a public road or bridleway no rights of way are affected no SSSIs and SPAs are affected etc)

bull Visual effects table is unsubstantiated Challenge conclusions bull Too much detail to be studied by the public Something of this nature needs a far wider

briefing for the public and an opportunity for them to talk with people who can explain the intricacies of the proposal A public meeting should be held in the evening so that everyone can attend The public need fuller facts before this can be decided

612 Two letters of support were received and some other positive comments were made by the above objectors as outlined below

bull Bringing 1500 jobs to the area bull Local employment opportunities bull I am all for this development it looks similar to Grange Park with its mix of distribution

centres and commercial units bull Welcome a more inviting gateway to Raunds as it is too industrial at present bull Welcome the SUDS plan for surface water from the site within the parkland and

landscaping bull The open space will provide a good link to Stanwick Lakes bull Small enterprises would lead to greater opportunity for long term high skill employment

training and apprenticeships bull Highway works to each side of the road outside the football club will improve the

entrance to Raunds

62 Town Parish Councils

621 Raunds Town Council - no objections but comment as follows - retail element should not be lost by a future change of plan - full archaeological survey should be carried out - external colour scheme for buildings should blend in with natural surroundings - screening scheme of tree barriers to reduce noise and visual impact should be maintained and enhanced if possible - seek clarification of the arrangements for dealing with surface water run-off and water supply provision

622 Ringstead Parish Council - comments - Broadly supports the principle of development that provides local employment and notes that the bulk of the employment will be in the parish of Ringstead - Access enhancements are only proposed for Raunds so young people from Ringstead would not have adequate access to the new employment opportunities - The A45 has recently been surveyed as being at 100 capacity rising to 141 at peak times so it would struggle to cope with the additional traffic from this development - Question the need for the amenity area given that there are already two hotels two themed public houses and at least five food outlets on the stretch of A45 between Thrapston and Wilby

623 Stanwick Parish Council ndash initial comment confirmed no objection but requested - larger trees around the building - the building to be a different colour colour scheme to be approved - a full archaeological survey - details of water supply and surface water drainage - concerned about the amount of accidents on the A45 - avoid disturbance to nearby badger sett

Development Control Committee 17 of 100 Date printed 9 November 2011

Subsequent comments following the submission of additional photomontages indicate Stanwick Parish Council feel that the development would have an impact on Stanwick particularly visually and in respect of lighting Request

lighting scheme to be set up correctly from the outset bunding and planting for screening should be sufficient to provide immediate

mitigation rather than taking a number of years to develop

624 Great Addington Parish Council - no objection but feel the development will have an adverse impact on the surrounding area because of increased traffic congestion and light pollution A condition should be used to ensure that all lighting at the site is compliant with section 102 of the Clean Neighbourhoods and Environment Act 2005

63 Other consultation responses

631 Northants Bat Group ndash no objections

632 North Northants Badger Group ndash no objections

633 NCC contributions ndash request 26 fire hydrants and a financial contribution of pound191400 towards fire and rescue (or a sprinkler system throughout the development)

634 The Ramblers Association ndash object Details regarding footpath UG39 are inadequate The parameters plan shows a diversion of UG39 to the north into the public open space to eventually join Meadow Lane at the south west corner of the site The Ramblers Association feel that any diversion of UG39 should turn south behind the existing Warth Park development (between the existing and proposed warehouse units) to join Meadow Lane to improve access to the site from Meadow Lane Whilst we have no objections to an additional path to the north of the site and then along the landscaped corridor to join Meadow Lane at the south west corner of the site we want UG39 to be diverted south along the east boundary of the site where it would link with Marsh Lane On such a large site it should be possible to locate the units so that UG39 is not affected

635 Northamptonshire Police ndash no objection More discussion is needed in respect of lighting CCTV physical security of buildings pedestrian and cycle links boundary treatments and layout of public use buildings and areas (Note these are all issues that would be considered in detail at reserved matters stage

636 Campaign For Dark Skies ndash Given that the existing Warth Park development causes a significant amount of energy waste light pollution due to poorly designed or angled lighting apparatus strict planning conditions should be used in relation to every new light used especially in the flood lighting of the warehouses Campaign for Dark Skies would wish to be involved in considering such details (Note this is an issue that would be considered in detail at reserved matters stage)

637 NCC Archaeology ndash Request a condition to secure an archaeological programme of works (June 2011)

638 English Heritage - do not wish to comment in detail but urge ENC to give detailed consideration of possible remains given the proximity of deserted Saxon settlements as advised by the County Archaeological Advisor

639 NCC Highways - Although a revised written response in relation to the latest TA revision is yet to be received discussions suggest that the main issues are now overcome Revised formal comments will be reported in the update Travel Plan - a condition requiring a detailed Travel Plan which shall include the management arrangements for future occupiers of the units and the delivery mechanisms

Development Control Committee 18 of 100 Date printed 9 November 2011

Contributions - bus services the county councils initial request for pound15000pa for five years has been reduced to a request for pound15000pa for only three years together with a pound5000 contribution towards the provision of a bus shelter within the Warth Park site This reduction is based on the circumstances of this site proposal in particular that a training contribution and other calls on land value not being required of other

schemes the fact that other developments may well be contributing and that demands and revenue from this site and other schemes can be expected to

cover an increasing portion of costs Meadow Lane improvements a financial contribution of pound60000 towards

improvement works throughout Meadow Lane (with any money not being spent on these works within five years of the first operational use of the development site being returned to the developer)

6310 Highways Agency - Initial issues with the Transport Assessment have been resolved

following the submission of additional information and the initial holding objection has now been lifted The HA are content that the issues raised by the Road Safety Audit can be resolved during the detailed design Direct that conditions be attached to any planning permission (1) to secure the necessary off site highway improvement works and (2) to require a Non Motorised Users Audit to be carried out and its recommendations implemented In relation to the Travel Plan the initial shortcomings with the Framework Travel Plan have now been addressed

6311 Natural England -

Designated sites - satisfied with the conclusions of the ES and consider that the proposals are unlikely to have a significant effect on the SPASSSI Landscape - no implications for any statutorily designated landscapes Biodiversity - Broadly agree with the assessment but feel that a minor negative impact may remain at local level for the breeding skylark grey partridge and linnet The numbers affected are small but there is still a need to ensure that habitat enhancement opportunities within the retained open spaces are maximised Soils - it is not clear if the agricultural land (referred to as grade 3) is of the best and most versatile quality If approved the soil resources should be used sustainable particularly the topsoil An appropriately experienced soil specialist should be instructed to oversee this Enhancements - Strongly recommend that the plans for green infrastructure and landscaping be secured by a condition planning obligation requiring a Landscape Management Plan and the delivery of such a plan not forgetting proposals for on-going management of public open space in the long term

6312 Wildlife Trust - The ecology work contained within the ES is acceptable in terms of its

scope content and findings We would recommend that the ecologists own recommendations within section 116 of chapter 11 regarding the retention protection enhancement and future mitigation measures be required by condition Further bat and bird survey work required (July 2011) has now been carried out and is acceptable

6313 Environment Agency - withdraws its initial objections in relation to flood risk and

environmental infrastructure Flood Risk - the additional information supplied demonstrates that surface water from the site can be managed and accommodated onsite if restricted to the Qbar rate The EA therefore withdraws its objection in relation to flood risk subject to a condition ENC need to be satisfied that the proposed development is in accordance with PPS25 - have not taken account to risk of flooding from ground water drainage systems reservoirs canals or ordinary watercourses

Development Control Committee 19 of 100 Date printed 9 November 2011

Environmental Infrastructure - the additional information supplied confirms that there is sufficient environmental infrastructure capacity to serve the proposed development The EA therefore withdraws its objection in relation to this matter Groundwater and contaminated land - based on the submitted information we consider the site to pose a negligible risk to controlled waters however we request a condition relating to the remediation of unidentified contamination Section 106 matters - the ongoing maintenance of the surface water drainage system together with operation and contingency arrangements can be secured through the section 106

6314 Kettering Borough Council - no objection as unlikely to have a significant impact on the

Borough of Kettering

6315 ENC Planning Policy - Overall the scheme represents a major opportunity to deliver

significant new employment development at Raunds for which the CSS evidence base identifies a need Despite some concerns about the quality of the submitted PPS4 sequential and impact statement no planning policy objections are raised in principle to the proposed Phase 2 Warth Park development

6316 ENC Environmental Services (contamination) - No objection The work undertaken in

respect of ground investigation is of a very high standard Levels of contamination found on the undeveloped part of the site do not pose a significant risk to end users of the site The Scalley Farm buildings had however not been surveyed Subject to conditions being imposed that cover the area of the Scalley Farm buildings requiring investigation and remediation is carried out as necessary there is no objection to the development

6317 ENC Environmental Services (noise) - No objection The noise survey was carried out

in accordance with a brief supplied by ENC Environmental Services Conditions should be used (1) to ensure the recommendations within section 878 (p73) of the summary section of the noise assessment are implemented and (2) that works which cause noise audible at the site boundary are not carried out outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays Environmental Services ask that they be consulted in relation to details of piling activity on the site and in determining the detailed layout of the site at reserved matters stage Given that the plans would see the removal of the bunding adjacent to London Road (alongside the gateway part of the development) the applicant has clarified that this section of bunding was included in the noise model for the existing scenario but removed from the model for the noise predictions with the development in the year of opening The bund is only 1m high and would not have had a significant effect on noise levels at the nearest residential properties The Environmental Services officer is therefore satisfied that the noise assessment is robust in respect of that bund and that its removal will not adversely impact on nearby residential properties There is no requirement for any bunding or other mitigation at the southern boundary of the site as there are currently no receptors at this location that will be affected Therefore it would not be reasonable of this authority to request bunding or any other form of mitigation on the southern boundary at this time In respect to objections about current activities at Warth Park the Environmental Services officer has made the following comments The noise assessment provided is firm in its conclusions that the addition of this development will not adversely impact on the residents The current guidelines relating to noise from this type of development have been met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels Therefore I have no reason to

Development Control Committee 20 of 100 Date printed 9 November 2011

object to this development on the grounds of noise Obviously these mitigation measures have been specified as a condition to ensure that they are included in the development and prior to first use

6318 ENC Environmental Services (lighting and air quality) -

Lighting - suitable conditions are required to ensure that the appropriate information on lighting for the site is provided at reserved matters noting that any lighting scheme should be designed to use the minimum necessary lighting Air Quality - no objections A method statement for the construction phase should be required as a pre-commencement condition of the development

6319 ENC Environmental Services (commercial health) - need to ensure safe access and

egress of vehicles and pedestrians using units at the site

6320 ENC Conservation Officer - concerned that landscaping has not been sufficiently

considered - no justification of how the proposed landscape structure was conceived so it is difficult to assess whether the proposed landscape types are appropriate for this site - no details of phasing for the highlighted features such as woodland planting and formal planting so it is difficult to assess the suitability of this alongside the proposed structural planting - need the landscaping to reflect a broader design for the whole site so that the bulk of the planting for each plot is put in place as part of the structure planting (open spaces street planting) Otherwise the creation of individual planting around the smaller plots may lead to fragmentation of the design - development will be visible in the landscape even with the addition of new planting to partially obscure future views Whilst the existing development is already visually prominent the proposed units appear even more prominent interrupting the horizon line and not sitting well with their surroundings The drop in land to the south and west contributes to this prominence Could ground levels be manipulated to allow the buildings to sit lower in the landscape

6321 ENC Design Officer -

(1) The mixed use area at the gateway needs to look towards and integrate with Raunds by having doorways and accesses from London Road This would give a positive visual impression at the gateway into Raunds and would afford residents access to the new facilities by means other than the car An active frontage may also affect driver behaviour and reduce traffic speeds in this area enhancing the overall pedestrian environment (2) There is an opportunity to improve the pedestrian environment and cycle access in the vicinity of this site as highlighted in the Raunds Masterplan including the Meadow Lane right of way to Stanwick Lakes and routes to the town centre

6322 North Northamptonshire Joint Planning Unit -

Jobs Growth - the proposal satisfies the requirement of Policy 11 by providing employment at an existing employment site in an area with a low jobsworkers balance A Training and Employment agreement should be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal (ref policy 8) Planning conditions should be used to ensure that the delivery of the non B8 elements of the scheme contribute towards unlocking other employment uses and diversifying the economy into higher value activities Regarding the proposed town centre uses ENC should be satisfied that the requirements of PPS4 have been satisfied

Development Control Committee 21 of 100 Date printed 9 November 2011

6323 JPU Design Action Manager - ref para 398 of CSS and policy 13 Concerned about

the visual impact of the proposal and its impact on the wider landscape character In photomontage L from the Nene Valley Way the development would result in a bulky form on the skyline and would block the view of Raunds church spire Viewpoint N is likely to demonstrate a similar negative effect Photomontage M demonstrates that the build form spills down the valley side and runs against the contours so that the visual impact is one of long expanses of built form this appears at odds with the gently undulating farmed slopes that are characteristic of the area Photomontage F demonstrates a negative view of the proposal on the brow of the hill Photomontage C shows the building jutting out into the view obscuring the natural fall of the land and the horizon Overall the proposal is contrary to policy 13h in that

is visually prominent in a sensitive location were wide expansive views are key to the landscape character

does not conserve or enhance the landscape character blocks views to the spire and prevents views across undulating countryside to

the horizon does not display design of exceptional quality to counteract the landscape

concerns Layout - More information about the accesses and orientation of the mixed use gateway should be secured through a design brief on the first reserved matters application

6324 JPU Sustainability Officer - Welcome the plans to achieve BREEAM very good for the

B8 element Concerned that the proposed 10 of energy demand to be met from renewables is below the policy 14 target of 30 and that the proposed 15 reduction in CO2 emissions is also too low There is no reference to the 20000sqm of mixed use development which could provide opportunities for the consideration of an energy centre for the site Rainwater harvesting should be utilised across the whole scheme The sustainable drainage system and surrounding open space has potential to create opportunities for recreation and biodiversity benefit Green roofs and ponds do not appear to have been considered

7 Evaluation

71 The following issues are relevant to the determination of this application for planning permission

72 Local Planning Policy and Principle of Development

721 The first consideration should be whether the development conforms with the development plan for the area which for this site is primarily the adopted Core Spatial Strategy and to a lesser extent the adopted East Midlands Regional Plan (taking account of the uncertain future status of the regional plan)

North Northamptonshire Core Spatial Strategy

722 Both the Regional Plan and the NNCSS set out the overall locational strategy for new employment development with priority being given to development in urban areas Whilst the site is located outside the settlement boundary that was proposed (although not formalised) within the 2007 Raunds Preferred Options document it should be noted that the site is on the edge of Raunds and relates well to the settlement

723 The NNCSS aims to achieve greater self-sufficiency for North Northamptonshire as a whole stating in Policy 1 that development in the rural north east will be mainly directed to a rural service spine comprising Oundle Thrapston and Raunds to be supported by regeneration of these towns and improvements to public transport links

Development Control Committee 22 of 100 Date printed 9 November 2011

724 The CSS defines Raunds as a localised convenience and service centre and the strategy for the town should consist of town centre regeneration and diversification of employment and service base (policy 1 and policy 9) It is essential therefore that the impact of the proposal on the town centre has been adequately assessed

725 This proposal for a predominantly B8 distribution development is situated close to the strategic transport network in accordance with policy 11

726 The non B8 aspects of the proposal contain a broad mix of employment related uses therefore representing an opportunity for expansion and diversification of the employment and service base as set out in table 1 of the CSS and enhancing the towns overall retail employment and leisure base Paragraph 392 in the CSS whilst recognising that town centres are the preferred location for the focus of new office development does note that town centres cannot entirely accommodate the amount of land envisaged as being required for office-based uses It further notes that certain types of business use (such as research and development) may find more commercially attractive locations within the sustainable urban extensions or other prominent sites at the edge of towns These will however need to be in locations that are or can be made highly accessible by a range of transport modes

727 Overall whilst the proposals edge of town location could be seen to conflict with the CSSs town centre regeneration focus the proposal would still accord with much of the broader policy content of the CSS

East Midlands Regional Plan

728 The proposal would accord with the thrust of the relevant policies of the East Midlands Regional Plan in that it would enhance the provision of local facilities at Raunds by focusing on the service sector as an economic priority Whilst policy 22 seeks to prevent the development or expansion of additional regional scale out-of-town retail and leisure floorspace this development would not be contrary to this policy given that it consists of predominantly B8 (non-town centre) uses

Other Local Policy Documents

729 In the absence of an up to date site specific DPD for Raunds the non-statutory Raunds Masterplan functions as a relevant material consideration where it compliments the CSS The Masterplan recognises the application site as a potential new employment site and explicitly promotes the expansion of Warth Parkbased on market opportunity strategic location of Raunds and potential employment opportunities The Masterplan does seek to restrict edge or out of town retail However whilst the current proposal does incorporate some town centre uses none of the proposed uses are strictly retail so there is no conflict with this element of the Masterplan

7210 The Northamptonshire Strategic Employment Land Assessment (SELA) highlights the

need for significant growth in respect of job creation employment at Raunds particularly as Employment development within Raunds would help to reduce the very large imbalance of out-commuting from the town

7211 East Northamptonshire Councils own (non-statutory) corporate policies include a focus

on regeneration and economic development and a business friendly planning servicedesigned to make it as easy as possible for companies to set up or expand

73 National Planning Policy and Principle of Development

National Ministerial Statement ndash Planning for Growth

Development Control Committee 23 of 100 Date printed 9 November 2011

731 The recent Ministerial Statement ndash Planning for Growth indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

Draft National Planning Policy Framework

732 The recent Draft National Planning Policy Framework contains a presumption in favour of sustainable development and goes as far as to state that the default answer to development is yes except where this could compromise the key sustainable development principles It goes on to state that local planning authorities shouldgrant permission where the plan is absent silent indeterminate or where relevant policies are out of date This could be said to be the case in respect of Raunds given the East Northamptonshire District Local Plan (now 15 years old) remains the site specific DPD for the town

Planning Policy Statement 1- Delivering Sustainable Development

733 PPS1 refers to the need for sustainable economic development It sets out a positive approach to delivering sustainable economic development including recognising its environmental and social benefits and ensuring that suitable locations are available (paragraphs 23(i) and 23(iii))

Planning Policy Statement 4 - General

734 PPS4 provides further guidance and advises in policy EC101 that planning applications that secure sustainable economic growth should be treated favourably Policy EC102 includes criteria against which applications for economic development should be assessed These include

a) whether carbon dioxide emissions are limited and the proposal is resilient to climate change b) accessibility of the site by a choice of means of transport c) whether the design is of high quality and is inclusive d) impact on economic and physical regeneration including impact on deprived areas and social inclusion objectives e) impact on local employment

These are considered in later sections of this report

Planning Policy Statement 4- Town Centre Uses background

735 Part of the scheme includes town centre uses and there are specific policies in PPS4 relating to these Policy EC171 indicates that applications for main town centre uses that are not in an existing centre and not in accordance with an up to date development plan should be refused planning permission where

a the applicant has not demonstrated compliance with the sequential approach b there is clear evidence that the proposal would be likely to lead to significant

adverse impacts However Policy EC172 then goes on to indicate that where no significant adverse impacts have been identified planning applications should be determined taking account of

a the positive and negative impacts of the proposal in terms of policies EC102 and 161 and any other material considerations and b the likely cumulative effect of recent permissions development under construction and

completed development

Development Control Committee 24 of 100 Date printed 9 November 2011

Planning Policy 4 ndash Sequential Assessment

736 Policy EC15 in PPS4 provides detailed advice on how to consider sequential assessments advising that Local Planning Authorities should take account of the availability suitability viability and accessibility of more central sites and should ensure developers have demonstrated flexibility in terms of their business model

737 PPS4 is accompanied by a Practice Guide which makes it clear in paragraph 56 that the onus is upon the applicant to demonstrate that the sequential test is passed and if more central opportunities are rejected it is for sound reasons that are clearly explained and justified In paragraph 57 it is explained that if a local planning authority proposes to refuse an application involving town centre uses on the basis of the sequential approach it should be on the basis that it considers that there is or may be a reasonable prospect of a sequentially preferable opportunity coming forward which is capable of meeting the same requirements

738 The developer explains that in undertaking their sequential assessment they have disaggregated each unit and assumed that each is a separate business This approach is in accordance with the advice in PPS4 The developer has not however reduced the size of individual units explaining that the formats proposed are those required by the market

739 The catchment area that the developer has considered is the parishes of Raunds Ringstead Stanwick and Hargrave as it is explained that the facilities proposed are not designed to serve wider population Only alternative sites within Raunds are therefore considered and the sites have been taken from the from the Draft Raunds Masterplan Ideally a separate market search should also have been carried out

7310 The alternative sites identified in the sequential test and the developerrsquos conclusions

are set out below

ARPC Containers site ndash reference is made to the viability report submitted in relation to the current application for this site which shows that the site is only viable for a mainly residential scheme BCorner of Titty Ho and Grove Street ndash this site is considered not to be available as it would require relocation of the garage CVacant site between Grove Street and McKenzie Road ndash site is too small and development would impact on residential amenity DBlock between Ashfield Rise Ashfield Grove and Spinney Street - residential amenity would be harmed by restaurant and health and fitness use and the site is unsuitable due to lack of visibility EVacant site on corner of Park Road and Hill Street ndash the site is too small and recommended for residential use FGellrsquos Garage High Street ndash the site is too small and more suited to residential use GLand to east of North Street- the site is too small and more suited to residential use

7311 Insufficient information however has been submitted to support the conclusions The

sites are not identified on a clear map and their sizes have not been provided therefore it is difficult to determine that they are actually too small although your officers do agree that sites surrounded by residential development are likely to be more suitable for residential rather than the uses proposed and also accept that it is not viable to develop the RPC site for the proposed uses

Development Control Committee 25 of 100 Date printed 9 November 2011

7312 The developers make a general point in relation to viability They advise that in the

current economic climate all development projects are difficult to make viable and that commercial development of light industrial units hotels food and drink establishments and leisure facilities are not viable on sites with additional costs for items such as demolition and decontamination

Planning Policy Statement 4 ndash Impact Assessment

7313 Policy EC161 sets out that an impact assessment needs to consider the impact of a

proposal on town centre vitality and viability consumer choice in-centre trade and turnover and possibly the rural economy It shoudl also consider whether the scale of the proposal is appropriate to fit within the hierarchy of centres The accompanying Practice Guide provides guidance on how to consider these impacts

7314 Unfortunately the developer has made no attempt to carry out a detailed impact assessment advising that there are no models that can provide a realistic assessment of impact for the relevant uses at the scale proposed They make the following detailed points

bull More employment and economic activity will have a beneficial impact upon the town bull The creation of additional employment at Raunds is likely to increase the viability of

Raunds town centre An increase in businesses and employees will increase demand for facilities particularly retail in the town centre

bull The prediction is that employees would earn over pound300 million from the proposal over 5 years Although only a small proportion would be spent in the town even 1 spend totals over pound3 million over the 5 year period which will sustain a number of small businesses

7315 Unlike retail proposals there is no accepted methodology for assessing the impact of

town centre proposals however Members will no doubt recall that a more detailed impact assessment was submitted for the proposed leisure centre at Manor Park It is disappointing therefore that the developer has not explicitly considered the issue of the impact that locating town centre uses would have on Raunds town centre Ideally further work should have been carried out

PPS4 - conclusion

7316 The applicants submission in respect of the PPS4 Sequential and Impact Assessment

is not of the quality that would be expected despite this being their second attempt following an initial request for a more detailed assessment However on the basis of local knowledge of the area the markets and the way trade operates the conclusions that it draws are not challenged It is reasonable to conclude that there are no more centrally located sites that could suitably accommodate the proposed development or parts thereof and furthermore that any impact on the existing centres would be minimal

Overall Policy Conclusions

7317 Bringing together the relevant policies there is significant support for the proposal The

main issues are around the acceptability of the sequential and impact assessments particularly having regard to the overall spatial strategy set out in Policy 1 of the Core Spatial Strategy and the focus upon regeneration of the town centre

Development Control Committee 26 of 100 Date printed 9 November 2011

7318 The sequential test is not as clear as it could have been and would have benefited from plans identifying the alternative sites that were considered noting their size and showing their relationship with surrounding development and explaining in more detail why most of them are too small Whilst it would have been helpful for the developer to have carried out their own market research your officers are not aware of other sites that might be available

7319 The impact assessment is poor but on the other hand no clear evidence has been submitted to demonstrate that the proposal would lead to significant adverse impacts Having regard to this the proposal therefore needs to be assessed against Policy EC172 in PPS4 the positive and negative impacts of the proposal in terms of EC102 and 161 and other material considerations need to be considered ie there is no presumption that the application should be refused in accordance with Policy EC171

7320 Considering that no retail uses are proposed for the site and that the sequential

assessment has proved that there are no more central sites that could accommodate the uses proposed it is very unlikely that the development itself would have an adverse impact on the vitality and viability of the town centre

7321 Indeed it could be argued that the development would raise the profile of Raunds by

attracting more businesses and visitors to the town The development would be closely related to existing retailing and leisure uses namely MampS BP McDonalds and Raunds Town Football Club Combined with the application proposals these could form a leisure hub to the west of Raunds again attracting more business to the town which could in turn help support the town centre Consideration is given in a later section to the potential for seeking developer contributions towards civic improvements within the town In this respect the development could also be seen to have a positive impact on the town and contribute to this important element of the CSS

7322 The Town Council have on a number of occasions expressed concern about the

amount of food establishments within the town centre and stressed that what they want to attract into the town centre is retail development

7323 Other sections of this report consider the proposal against Policy EC102 in PPS4 and

the positive and negative impacts of the proposals and other material considerations and these are all brought together and weighed in the balance in the conclusion to this report

74 Mix of uses

741 The applicant has suggested that it is the significant B8 element of the scheme that makes the proposal stack up but officers would have significant concerns if there was a prospect that the accompanying business and leisure uses were not going to also come forward Clearly the proposed mix of uses for the site is what makes the current application so attractive so it is important that the council does all it can to ensure that the mix is not diluted to a less attractive package

742 In reality it is likely that reserved matters applications will come forward individually as the site gains interest from end-users There is the associated risk that the precise combination of uses could end up being slightly different to that indicated in the application Each reserved matters application would have to be considered on its own merits

Development Control Committee 27 of 100 Date printed 9 November 2011

743 The indicative breakdown of uses that has been put forward in the application (Transport Assessment) is as follows

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

744 As it is not yet known what end-user interest will come forward it would be unduly restrictive to dictate that reserved matters must come forward strictly in line with this indicative mix as a lack of flexibility in this sense could deter take-up on the site However it is recommended that a condition be imposed that stipulates the upper limit of the various types of use class in order to ensure that no one type of use can dominate the development It is also recommended that a condition be imposed that would require the applicant to submit an annual report demonstrating how the site has been actively marketed for the full mix of uses This would maximise the opportunities of getting the most desirable mix of uses for the site but would also mean that the evidence base that is built up in this way could then be used to support decision making on any reserved matters proposal that may come forward that does not strictly line up with the indicative mix

745 Concern was raised that the site of the gateway part of the development may already have planning permission for a B8 warehouse However this permission has expired so there is no prospect of a B8 warehouse coming forward on this part of the site without a further application Any such application would prejudice the aims of the current proposal so is unlikely to be supported unless there is a very strong evidence base that the desired mix of uses are not deliverable

75 Training and employment

751 The applicant has suggested that 1500 jobs would be created as a result of the development Several representations have challenged this assumption and raised fears that these may not be skilled jobs or that the local population may not benefit

752 Clearly the figure is an estimate and is a rounded figure but is considered to be a reasonable estimate based on the job densities used in the North Northamptonshire SELA report It is acknowledged that a large distribution unit could employ anything from 100 to over 1000 staff depending on the nature of the end users operations and that the seasonal variations of the leisure uses would also give rise to uncertainty What is certain is that the development would provide significant additional employment at an existing employment site in an area with a low jobsworkers balance This can only be a good thing for the socio-economics of this part of the district

753 The JPU suggest that a Training and Employment agreement could be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal However in this instance the council is proposing to trial an innovative scheme called Construction Futures which aims to develop high quality skills for local people invests money from developers and government in to the local economy and hence helps to create inclusive communities To summarise the developer would pay a financial contribution to Construction Futures who would in turn use this money to administer and deliver a programme of site-based work experience training and apprenticeships for students of local colleges such as Moulton and Tresham The number of training hours would be determined by the size and nature of the proposed development and could be used in a combination of different ways

Development Control Committee 28 of 100 Date printed 9 November 2011

construction students could gain practical work experience which may include apprenticeships during the construction phase

logistics hospitality leisure or childcare students could benefit from placements at the various businesses that ultimately occupy the new premises

construction firms or end users of the site could go into schools andor colleges to deliver presentations as part of a curriculum

local businesses would benefit from being offered subsidised business development and up-skilling training to meet industry requirements

754 Construction Futures based in Northampton has been securing similar such benefits for schemes dealt with by WNDC for the last few years so has a proven track record of positive outcomes and compliance with the relevant planning legislation The scheme has been increasing in profile in recent months and has generated significant national press interest The applicant has indicated a commitment to the Construction Futures scheme and has agreed to this being worked into the section 106 agreement for the site Further details of the scheme can be found at wwwconstructionfuturesorguk

76 Highways

761 It is proposed that the London Road between the A45 and Warth Park Way Brick Kiln Road be widened to a dual carriageway which would in turn facilitate the need for the connection to the A45 roundabout to be revised The existing roundabout at Brick Kiln Road that forms the site access would be improved and the existing Warth Park Way running into the site would also be widened to a dual carriageway with a new roundabout introduced some 150m into the site close to the first existing junction

762 A detailed Transport Assessment was submitted alongside the application and this takes into account the impact of potential forthcoming development at Northdale End and Darsdale Farm The TA predicts a total traffic generation of some 500 trips both arrivals and departures in the morning peak and some 700 in the afternoon peak The impact on traffic flows at several junctions has been assessed including the A45 roundabout the Brick Kiln Road Warth Park Way roundabout the Meadow Lane Marshall Road junction and the Stanwick Road Wellington Road roundabout

Impact on the strategic highway network

763 The Highways Agencys initial issues with the Transport Assessment have been resolved following the submission of additional information and the HAs initial holding objection has now been lifted The HA are now content with the proposed development and its impact on the A45 The HA are also satisfied with the Framework Travel Plan They confirm that any issues arising from the Road Safety Audit can be resolved during the detailed design stage and direct that conditions be used to secure the necessary improvement works to the A45 roundabout and to require a Non Motorised Users Audit to be carried out and its recommendations implemented

Local transport network

764 The highways officer at NCC has confirmed that he is happy that the proposed highway improvements comprising the improvements to the A45 roundabout dualling of the London Road down to the Warth Park roundabout and the provision of a cycleway on London Road between the Warth Park roundabout and the new toucan crossing should satisfactorily facilitate the development

765 The broad principles of the internal road layout and parking provision are acceptable to the highway authority but the precise design details of these would be agreed for each part of the site as the respective reserved matters applications come forward A condition is suggested that would require a masterplan for the non-B8 element of the scheme to

Development Control Committee 29 of 100 Date printed 9 November 2011

submitted in conjunction with the first of the reserved matters applications for the gateway development Further detail of the internal road parking and access layout would therefore be considered at this stage and we would be able to ensure that pedestrian access from London Road can be facilitated in accordance with the comments of our design advisors

766 The Raunds Masterplan highlights a need for improvements to pedestrian and cycle provision throughout the town Accessibility of the site by bicycle from the local area would be enhanced by the provision of a new cycleway on the west side of London Road linking the new toucan crossing up to the Warth Park Way roundabout where it would link in with the cycle provision within the Warth Park site Conditions can be used to secure the provision of the cycle path on London Road and the design details of the segregated cycleway through the site that would serve to keep cycles separate from the HGV route

767 A particular priority of the Raunds Masterplan is to improve access to leisure opportunities for residents of the town and it would be desirable to ensure that future users of the Warth Park development also have access to local leisure opportunities Meadow Lane a bridleway which runs along the southern boundary of the site and leads to Stanwick Lakes is in a poor condition at present The developer has agreed to make a financial contribution to enable the entire length of Meadow Lane to be improved hence enabling a circular leisure route for workers or visitors to the Warth Park site and improving access to the countryside and Stanwick Lakes for the whole town (see section 7155)

Sustainable Transport and Travel Plan

768 A Framework Travel Plan has been submitted which identifies proposed measures to be implemented on a development wide basis and provides a framework for the preparation of specific travel plans for each individual site forming part of the development as it comes forward The Framework Travel Plan also identifies overall traffic generation limits and a preliminary modal shift target A condition is recommended that would require a more detailed Travel Plan that broadly accords with the Framework Travel Plan to accompany each reserved matters application

769 The number 16 bus is a long standing service that runs past the entrance to the site and the X46 and X47 have also been improved this year The county council feel that is would be feasible to provide a diversion so that a new stop within Warth Park would be served In this regard NCC has requested a financial contribution of pound50000 towards bus services pound5000 of which would be for a new bus shelter on Warth Park Way with the remainder being used to enable an extension to the recently introduced County Connect demand responsive transport (most likely by extending the 7am-7pm operating day by 3 hours to enable shift changeover) This would complement the measures in the Framework Travel Plan and help to facilitate modal choice for potential users of the development from the wide surrounding area

Rights of Way Implications

7610 There is an existing right of way (footpath UG39) that crosses the site in a east-west

direction terminating at the A45 which severs the path (the underpass is slightly further south at the end of Meadow Lane) This right of way has already been diverted between the existing commercial buildings on Warth Park and a further diversion would be required to facilitate the proposed development The applicant proposes to divert the footpath in a northerly direction so that it joins in with the proposed footpath and cycleway that would be created through the development site This would take the form of a segregated track to the north of the HGV access road separating to meander through the landscaped public open space before joining in with the Meadow Lane at the south western corner of the site and enabling convenient crossing of the A45 via the existing underpass

7611

Development Control Committee 30 of 100 Date printed 9 November 2011

Whilst not the shortest or most direct route this proposal would seem to be the logical and most pleasant route for the footpath diversion Unfortunately the Ramblers Association do not share this view Firstly they feel it should be possible to design the scheme around the footpath but this would not be possible due to the scale of the proposed buildings and the topography of the site Secondly they feel that if the footpath has to be diverted the diversion should be routed in a southerly direction in between the proposed warehouse units to join Meadow Lane However officers view is that this would not be a desirable route for the footpath and could well be harmful from a planning out crime point of view

7612 Clearly any diversion of the footpath would need to undergo the formal process of a

section 257 Diversion Order This process is separate to planning permission but must be carried out prior to development commencing (an informative to this effect could be placed on any planning permission) What is important at this stage is that there are at least three possible and feasible routes that the diversion could take and any disagreement about the relative desirability of these routes would be resolved through the formal Diversion Order process Therefore although no final decision has been reached about the ultimate route of the diverted footpath there is no reason why planning permission cannot be granted

77 Design - Illustrative Site Layout

771 The mix of uses proposed for the north eastern corner of the site has potential to provide a positive gateway to Raunds The desire for dual-aspect units which positively address London Road with active frontage and pedestrian access points could easily be facilitated in the detailed design stage As mentioned above a condition is suggested that would require a masterplan for the non-B8 element of the scheme to be submitted in conjunction with the first of the reserved matters applications for the gateway development and it would be expected that these principles would be incorporated into such a masterplan

772 The significant footprint of the three large B8 units and the existing site constraints (a gas main and the natural contours of the site) has dictated to some extent the positioning of these units within the indicative layout The buildings would form a logical extension to the existing phase one warehouse units particularly the large Indesit unit which would be adjacent to the extension and is of comparable scale to the units proposed

773 The proposed road alignment appears logical and workable with separate distinct elements of the scheme each served off their own points of vehicle access The highway and safety implications of the road and parking layout are discussed in the highways section

774 A significant area of public open space is proposed at the western corner of the site This would help to soften the edge of the development and provide a transition into the countryside beyond Attenuation basins would be incorporated into the landscaping which would add visual and ecological interest as well as serving to ensure sustainable drainage of the site

78 Landscape implications and long views of the site

781 The Design Action Manager at the JPU has commented negatively in respect of the landscape and visual impact of the proposed development The JPU comments highlight that the site is part of the Limestone Valley Slopes character area (as defined in the Environmental Character Assessment) hence exhibiting expansive long distance views gently undulating farm slopes with urbanising elements despoiling the edges where town meets country She also refers to the Nene valley being known for its unspoilt beauty and its many views of church spires and historic houses particularly from Twelve Spires Hill where 12 church spires including that of Raunds can be seen together The JPU is concerned that these photomontages show that the bulky form of development on the horizon and spilling down the valley would result in a negative landscape impact by and more specifically would block the view of Raunds church spire from the Nene Valley Way The JPU consider that the

Development Control Committee 31 of 100 Date printed 9 November 2011

development is not of exceptional design and its bulk and position would appear at odds with the gently undulating farmed slopes and hence do not conserve or enhance the landscape character contrary to policies 13 h and o

782 The ridge top location of the proposed development means that it would be visible from a wide area as demonstrated in the series of photomontages that have been submitted with the application The significance of the landscape impact is however a subjective matter and must be weighed against the other material considerations

783 The existing Warth Park buildings are already visible in the wide landscape and the proposed new development would be viewed against this context against the backdrop of the existing units and the whole town The Environmental Character Assessment acknowledges that the edges of this natural valley are already blurred by urbanising elements - in the reasonably near vicinity there are several examples of this at Wellingborough Irthlingborough Rushden Higham Ferrers and Raunds There is also the A45 trunk road running along the eastern slope of the valley creating a physical barrier between the unspoilt valley bottom and the urban settlements to the east In the vicinity of the Warth Park proposals the A45 and the dense wooded areas on its western side create a physical and visual barrier between the valley and the development site It could therefore be argued that this would limit the impression of encroachment into the valley The view of the church spire as shown in photomontage L is an extremely long-distance view (approximately 33km) that is already partly obscured by the existing Warth Park development The presence of other settlement edge uses at Raunds Stanwick and towards Irthlingborough is a consideration as is the natural screening that is anticipated to mature in front of the development over time Whether the additional impact of the new units further severing this view of the spire is significant enough to conclude that this is harmful to the landscape is a matter of subjective judgement which must be weighed against other material planning considerations

79 Landscaping

791 The councils conservation officer has expressed concern about the level of detail that has been submitted in relation to structural landscaping of the site Although the written principles that are described seem broadly acceptable the scheme has not been illustrated on a plan and there is insufficient detail in terms of phasing and implementation This is of particular concern due to the large scale of the proposed development and the need to avoid piecemeal approach to the landscaping given the likelihood that reserved matters will come forward bit by bit

792 Whilst recognising that this is an outline application that does not include landscaping the importance of getting a coherent scheme of structural landscaping throughout a site of this size and avoiding a piecemeal approach to landscaping should not be underestimated In the circumstances it would seem reasonable and sensible to request details of the structural landscaping for the whole site prior to the submission of any reserved matters applications and furthermore to request that the approved structural landscaping is put in place alongside the overall site infrastructure and the construction of the first building

793 Once a coherent structural landscaping scheme has been secured the finer details of landscaping that would come in with each of the subsequent reserved matters applications would be less critical and subject to more flexibility

794 It is recommended that the section 106 agreement incorporates the requirement for a landscape management plan and provisions for ongoing maintenance of the public open space

Development Control Committee 32 of 100 Date printed 9 November 2011

710 Noise

7101 Four residents of London Road Gardner Close Crispin Way and Keston Way have

highlighted that they already suffer noise disturbance from the existing Warth Park in the form of vehicle noise reversing bleepers air conditioningfans loading works and raised voices and that this disturbance is particularly concerning at night These residents are concerned that the disturbance would be worse if the proposed development goes ahead particularly given that the application seeks 24 hour operations Local concern is heightened by the fact that the existing bund on the western side of London Road opposite the football club would be removed as part of the proposals

7102 The application was supported by a Noise Assessment and this has been considered in

detail by the councils Environmental Services officers who conclude that they have no concerns or objections to the proposed development They are content that the removal of the existing bund would not adversely impact on nearby residential properties The noise assessment demonstrates that current guidelines relating to noise from this type of development would be met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels

7103 In the light of this technical advice from the councils noise experts it would be

extremely difficult to substantiate a reason for refusal on the grounds of noise disturbance However conditions are recommended to ensure that the proposed mitigation is put in place and that construction works are restricted to certain hours

711 Ecology

7111 The application was accompanied by ecological submissions both as part of the ES

and following in later specific studies The proximity of the Upper Nene Gravel Pits SPA and SSSI and the likely impact of the development on this designated site is an important consideration that has been taken into account The impact on wider biodiversity of the site in particular bats and birds and the effect on soils and green infrastructure have also been considered

7112 Both the Northamptonshire Wildlife Trust and Natural England have considered in

detail the ecological submissions and they confirm that these are acceptable is scope content and robustness These consultees therefore have no objections to the proposals subject to conditions ensuring

the development is carried out in accordance with the recommendations within section 116 of chapter 11 of the ES regarding ecological retention protection enhancement and future mitigation measures particularly to ensure that habitat enhancement opportunities within the retained open spaces are maximised

the soil resources particularly the topsoil should be used sustainably and the works should be overseen by an appropriately experienced soil specialist

7113 Concern has been raised by an objector about the impact on red kites However further discussion on this matter with both the Wildlife Trust and a local bird specialist recommended by the Wlidlife Trust would suggest that the proposed development would not give rise to significant concern

Development Control Committee 33 of 100 Date printed 9 November 2011

712 Flooding

7121 A sustainable urban drainage system in the form of attenuation basins and swales is proposed for the site to manage the impact of the development on drainage A Flood Risk Assessment has also been carried out for the site The initial objection of the Environment Agency has been overcome by the submission of a revised Flood Risk Assessment The EA has therefore withdrawn its objection in relation to flood risk subject to a condition specifying the technical approach to run-off and stipulating that any alternative approach would necessitate further discussion

7122 It is clear from the response that the EA has taken account of the nearby Hogs Dyke in its consideration of the FRA Given the location and topography of the site the council is not aware of potential flood risk from any other source Subject to compliance with the suggested condition the development would be in accordance with PPS25

713 Archaeology

7131 Several archaeological programmes have been carried out which demonstrate the

presence of Iron Age Roman and Saxon activity over a wide area of the site The medieval activity on site is likely to be peripheral to the village of Mallows Cotton which is now a Scheduled Monument and is separated from the site by the modern A45 Despite the investigative works that have already been undertaken by the applicant on site a condition requiring a further programme works is recommended to record and advance an understanding of any assets in accordance with PPS5 and the advice of the County Archaeologist

714 Sustainability

7141 The proposal would achieve BREEAM very good in accordance with policy 14 of the

CSS However policy 14 also contains a target for 30 of energy demand be met by renewables but the current proposal only provides for 10

7142 The sustainability officer at JPU has indicated that the measures proposed such as

solar water heating air source heat pumps sustainable drainage systems are a good start but she feels that further measures should be considered for a development of this scale or at the very least there should be an economic or technical submission justifying why the 30 target cannot be more closely met She has suggested a condition similar to that used on other schemes which requires a strategy to be submitted with each reserved matters application

to demonstrate how a target of at least 30 (minimum 10) of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply or

if the 30 target cannot be met the energy strategy should be accompanied by a technical and economic viability assessment to justify the shortfall

Development Control Committee 34 of 100 Date printed 9 November 2011

715 Section 106 contributions

7151 The development is of a size which generates a need for social and community

infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7152 In considering whether contributions are justified and can be sought Members must

have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

7153 Members also need to be mindful that the current basis for seeking contributions is the

Councilrsquos SPD in relation to developer contributions

7154 The following is a summary of the main headlines under which section 106

contributions have been negotiated

Meadow Lane

7155 Upgrading of Meadow Lane to facilitate access to Stanwick Lakes is a priority to both

ENC and NCC and the developer has agreed to contribute pound60000 towards this which NCC has advised should be sufficient to re-surface the entire length of Meadow Lane with a permeable hardcore or similar A specification for the upgrading works has been provided by NCC and this would suitably accommodate cyclists pedestrians horses and farm vehicles

Cycleway for London Road

7156 In terms of achieving connectivity of the site to Raunds town centre the developer has

agreed to provide a cycleway on the western side of London Road travelling north from the new toucan crossing outside the cemetery up to the Warth park roundabout and into the site This is in accordance with the request of NCC

Buses

7157 NCC initially asked for pound80000 (pound15000 a year for five years plus a further pound5000 for

a bus shelter just inside the application site) with reference to possibly diverting the recently improvedextended services 16 X46 and X47 to a new stop inside the Warth Park development and enhancing the new County Connect demand responsive service in order to enable a large catchment to reach the site

7158 In a later representation NCC revised this request downwards to pound50000 (pound15000 a

year for three years plus a further pound5000 for a bus shelter) the justification for this being

Development Control Committee 35 of 100 Date printed 9 November 2011

bull a training contribution (Construction Futures) and other calls on land value have not been required of other schemes

bull other developments may well also be contributing to bus services bull demands and revenue from this site and other schemes can be expected to cover an

increasing portion of costs

Training and development

7159 Construction Futures is a new approach to gaining contributions towards securing

training opportunities for local young people The section 106 agreement would require the developer to sign up to providing a certain number of training hours for young people from local colleges Exactly how the training hours are used would be negotiated after the agreement is signed (see earlier section for more detail of how this could work) On top of the requirement to provide training hours there would also be a financial contribution of approximately pound100000 associated with this that would go towards the administration and co-ordination of the scheme

Raunds town centre

71510 In line with the approach taken on the Northdale End site the developer has agreed to

pay a pound20000 financial contribution towards improvements for Raunds town centre Rather than specify this be used for shop fronts it is envisaged that this could better be used as more of a civic community improvement fund

Open Space

71511 The developer is proposing to provide and maintain the on-site open space at no cost

to Raunds Town Council A maintenance programme would therefore need to be secured as part of the section 106 agreement

Other matters not pursued in the S106

71512 Improvements to pedestrian access between Raunds and Ringstead were considered but under the tests of CIL these were not felt to be sufficiently justified

8 Conclusions

81 The planning policy evaluation highlights the deficiencies with the PPS4 sequential and impact assessment that has been undertaken by the developer Nonetheless PPS4 also provides that in the absence of any evidence of harm the development should be assessed on the basis of its positive and negative impacts in the light of current policy and other material planning considerations

82 The remainder of the planning policy evaluation shows a great deal of support for the proposed development in terms of its fit with PPS1 the Ministerial Statement ndash Planning for Growth the Draft National Planning Policy Framework the East Midlands Regional Plan the North Northamptonshire Core Spatial Strategy the Raunds Masterplan and the councils own (non-statutory) corporate policies

83 Apart from a subjective disagreement about the extent to which visual harm will result to the wider landscape and the limitations of the sequential impact assessment there is no evidence that harm will result from the proposal In fact the benefits of the scheme are considered to far outweigh the disbenefits particularly in relation to local employment creation economic regeneration social inclusion sustainable transport and accessibility and inclusive design which would create an enhanced entrance to Raunds

Development Control Committee 36 of 100 Date printed 9 November 2011

84 Therefore on balance it is recommended that planning permission should be granted

85 It should be noted that the application falls within the scope of the Consultation Direction (circular 022009) which requires local planning authorities to consult the Secretary of State before granting planning permission for certain types of development The current proposal falls within this scope as it is within the definition of section 5(1) of the annex therein which includes development outside town centres further defined as development which consists of or includes retail leisure or office use and which (a) is to be carried out on land which is edge-of-centre out-of-centre or out-of-town and (b) is not in accordance with one or more provisions of the development plan in force in relation to the area in which the development is to be carried out and (c) consists of or includes the provision of a building or buildings where the floor space to be created by the development is 5000 square metres or more

9 Recommendation

91 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

10 ConditionsReasons -

1 Development shall not commence until details of

a) the layout of the new development

b) the scale of the new development

c) the appearance of the new development and

d) the landscaping of the site (hereinafter called the reserved matters) shall be obtained from the local planning

authority Reason The application is in outline only and the reserved matters referred to will

require full consideration by the local planning authority

2 Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

3 The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

4 The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall thereafter be constructed in accordance with the slab levels that have been approved in writing by the local planning authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

Development Control Committee 37 of 100 Date printed 9 November 2011

5 Prior to the commencement of each part of the development full details of all external materials including finish and colour scheme shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with the approved details

Reason In the interest of amenity

6 Prior to the commencement of each part of the development hereby permitted details of the location height design and materials of any boundary treatments shall be submitted to and approved in writing by the Local Planning Authority and all such works shall be erected concurrently with the erection of the buildings Such approved details shall be erected and retained in perpetuity thereafter

Reason To ensure that the appearance of the development is satisfactory and that it contributes to the visual character and amenity of the area

7 Prior to the occupation of the development the works hereby permitted shall be constructed in accordance with BWB drawing NTT672SK01P5 dated 092011 (in respect of works to the trunk road network) Any revisions that may be required resulting from the implementation of the recommendations of the Road Safety Audit shall be approved in writing by the local planning authority in consultation with the Highways Agency

Reason In the interest of highway safety

8 No part of the development hereby approved shall be occupied until a Non Motorised Users Audit has been undertaken and the recommendations therein have been implemented

Reason In the interest of highway safety and sustainable transport

9 No development shall commence until a scheme for off-site highway improvement works (comprising improvements to the A45 roundabout (Highways Agency control) and duelling of the northern portion of London Road associated works to the Warth Park roundabout and provision of cycleway on the western side of London Road (NCC control)) has been submitted to and approved in writing by the local planning authority None of the premises hereby permitted shall be occupied until all of the off-site highway works have been carried out and written confirmation has been provided by the local planning authority that these works are acceptable

Reason In the interest of highway safety

10 Prior to the first occupation of any of the buildings on site a cycleway shall be provided adjacent to the west side of London Road in accordance with full details which shall have been submitted to and approved in writing by the local planning authority

Reason In the interest of promoting sustainable transport

11 Prior to the commencement of development design details of the segregated cycleway through the northern end of the site and through the open space shall have been submitted to and approved in writing by the local planning authority Development shall then proceed in accordance with the approved details

Reason To ensure a safe and attractive route for cyclists through the site

12 All reserved matters submissions shall accord with the principles contained within the Framework Travel Plan and a further detailed Travel Plan shall be submitted in conjunction with each reserved matters submission for each part of the development hereby permitted The detailed submissions shall cover pedestrian cycle and public transport linkages within and outside of the site as well as prospective management arrangements for future occupiers of the development and shall identify the mechanisms by which the Travel Plan proposals are to be delivered the targets and the timing of delivery

Reason In the interests of promoting sustainable transport

Development Control Committee 38 of 100 Date printed 9 November 2011

13 No more than 105073 sq m of floorspace is permitted under this outline permission within which no more than 6050 sq m shall be for A3-5 C1 or D1-2 uses and within which no more than 1500 sq m shall be for D2 use (health and fitness) no more than 2500 sq m shall be for C1 use (hotel) no more than 300 sq m shall be for D1 use (nursery) and no more than 2500 sq m shall be for A3-A5 uses (food and drink) No more than 3348 sq m of the total floorspace shall be for B1 uses and no more than 100000 sq m of the total floorspace shall be for B8 uses

Reason To ensure an appropriate mix of uses on the site

14 On the first anniversary and each subsequent anniversary or any other such period as agreed in writing by the LPA of the granting of outline planning permission a report shall be submitted to the LPA demonstrating how the site has been marketed for the full mix of uses applied for in the outline application This report shall include though not exclusively the marketing material and marketing media used during the previous year numbers and types (including general company size and sector) of inquiries received during the previous year locational origin of these inquiries inquiry requirement (by size and building type) together with explanation of why the inquiry has or has not progressed

Reason to ensure that the full mix of uses permitted by the planning permission is delivered on the site and is among other material considerations in accordance with market demand

15 The first reserved matters application made for the areas to the north of the existing Warth Park (all buildings except the three large warehouses) shall include a masterplan for these areas including access (pedestrian cycle vehicle) location of buildings frontages and entrances (including relationship with London Road) parking and service areas and principle landscaping No building within this masterplan area shall be commenced until the masterplan is agreed in writing by the LPA Subsequent reserved matters submissions for these areas shall accord with the design principles within the approved masterplan unless otherwise agreed in writing when further reserved matters applications are made

Reason To ensure that the reserved matters applications for this area are coordinated and that the area is properly connected to the surrounding area

16 In conjunction with the reserved matters submission for each part of the site an Energy Strategy for the energy supply incorporating renewables andor from decentralised renewable or low carbon sources shall be submitted to and approved in writing by the Local Planning Authority The strategy shall demonstrate how a target of at least 30 with a minimum of 10 of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply in accordance with the approved Energy Strategy Framework If the 30 target cannot be met a technical and economic viability assessment shall be submitted together with the energy strategy for the approval of the Local Planning Authority The strategy shall include details and a timetable of the physical works on site The strategy shall be implemented as approved and retained operational thereafter unless otherwise agreed in writing by the Local Planning Authority

Reason In the interests of sustainable development and energy efficiency in accordance with PPS 1 and the supplement to PPS 1 PPS 22 Policy 2 of the East Midlands Regional Plan and Policy 14 (a) (iii) of the CSS for North Northamptonshire

17 Prior to commencement of any development a comprehensive landscape masterplan including full details of the structural landscaping of the site shall be submitted to and agreed in writing by the local planning authority The approved structural landscaping shall be implemented during the first planting season following the completion of the first building on site unless otherwise agreed in writing by the local planning authority Any planting forming part of the approved landscaping scheme which dies or becomes diseased within 5 years of planting shall be replaced in accordance with details to be submitted to and approved in writing by the local planning authority

Development Control Committee 39 of 100 Date printed 9 November 2011

Reason To ensure that structural landscaping is delivered in a comprehensive manner and to assist with mitigating the visual impact of the scheme on the surrounding area

18 The structural landscaping will be maintained by the applicant or an organisation appointed by the applicant and notified to the LPA as publicly accessible open space in accordance with details to be submitted to and approved in writing by the local planning authority subject to any limitations to ensure its proper functioning for surface water drainage Access to this area shall commence upon completion of the structural landscaping or as otherwise agreed in writing by the local planning authority

Reason To ensure that there is public access to the area of open space

19 Development shall proceed in accordance with the recommendations in section 116 of chapter 11 of the ES (received by the local planning authority 2 June 2011) regarding ecological retention protection enhancement and future mitigation measures unless otherwise agreed in writing by the local planning authority

Reason In the interests of ecological protection and ensure that enhancement opportunities are maximised

20 Each stage of the development shall proceed in accordance with a strategy for the sustainable use of soil and topsoil resources which shall be submitted to and approved in writing in conjunction with each reserved matters application This strategy shall include details of the arrangements by which an appropriately experienced soil specialist will oversee the development

Reason To ensure the sustainable use of soil

21 The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved by the Local Planning Authority (LPA) and until the scope of works approved therein have been implemented where possible The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination andor pollution of controlled waters It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the sites existing status and proposed new use Two full copies of the site investigation and findings shall be forwarded to the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo If during development contamination not previously considered is identified then the LPA shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the LPA

Reason To ensure all contamination within the site is dealt with

22 Where the risk assessment identifies any unacceptable risk or risks an appraisal of remedial options and proposal of the preferred option to deal with land contamination andor pollution of controlled waters affecting the site shall be submitted to and approved by the LPA No works other than investigative works shall be carried out on the site prior to receipt and written approval of the preferred remedial option by the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo

Reason To ensure the proposed remediation plan is appropriate

23 Remediation of the site shall be carried out in accordance with the approved remedial option No deviation shall be made from this scheme without the express written agreement of the LPA

Reason To ensure site remediation is carried out to the agreed protocol

Development Control Committee 40 of 100 Date printed 9 November 2011

24 On completion of remediation two copies of a closure report shall be submitted to the LPA The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s) Post remediation sampling and monitoring results shall be included in the closure report

Reason To provide verification that the required remediation has been carried out to the required standards

25 Development shall not begin until a detailed scheme for the provision implementation ownership and maintenance of the surface water drainage for the site in accordance with the additional response to the Environment Agency objection Environmental Infrastructure amp Flood Risk undertaken by RPS (ref ABA5007 revision A dated 26 September 2011) has been submitted to and approved by the local planning authority The detailed scheme shall be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storage of disposal of surface water from the site and to ensure future maintenance of the surface water drainage system

26 No development shall take place until the applicant or their agents or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority

Reason To ensure that features of archaeological interest are properly examined and recorded in accordance with PPS5 Policy HE12

27 No construction works that cause noise to be audible outside the site boundary shall take place outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays This includes deliveries to the site and any work by contractors or sub contractors

Reason In the interests of residential amenity

28 Prior to the commencement of any part of the development hereby permitted a Construction Management Plan shall be submitted to and approved in writing by the local planning authority The Construction Management Plan shall include and specify the provision to be made for the following

i Overall strategy for managing environmental impacts which arise during construction ii Measures to control the emission of dust and dirt during construction iii Control of noise emanating from the site during the construction period iv Hours of construction work for the development and hours that construction traffic shall

access and egress the site v Contractorsrsquo compounds materials storage and other storage arrangements cranes and

plant equipment and related temporary infrastructure vi Designation layout and design of construction access and egress points viiInternal site circulation routes viii Directional signage (on and off site) ix Provision for emergency vehicles x Provision for all site operatives visitors and construction vehicles loading and unloading

plant and materials xi Provision for all site operatives visitors and construction vehicles for parking and turning

within the site during the construction period xiiDetails of measures to prevent mud and other such material migrating onto the highway

from construction vehicles xiii and other similar debris on the adjacent public highways xiv Routing agreement for construction traffic xvStorage of plant and materials used in constructing the development

Development Control Committee 41 of 100 Date printed 9 November 2011

xvi Enclosure of phase or development parcel development sites or development parcels and the erection and maintenance of security hoarding including decorative displays and facilities for public viewing where appropriate

xvii Waste audit and scheme for waste minimisation and recyclingdisposing of waste resulting from demolition and construction works

The approved Construction Management Plan shall be adhered to throughout the construction period and the approved measures shall be retained for the duration of the construction works

Reason In the interests of safety and local amenity

29 Prior to the commencement of each part of the development a lighting scheme for the relevant part of the development shall be submitted to and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these approved details

Reason In the interest of amenity and crime prevention

30 Prior to the commencement of development a scheme and timetable for the provision of fire hydrants shall be submitted to and agreed in writing by the local planning authority and provision of fire hydrants shall be made in accordance with the scheme and timetable

Reason To ensure a satisfactory form of development

31 Each reserved matters submission shall include full details of hard and soft landscape works for that part of the scheme These details shall include the proposed finish levels or contours means of enclosure car parking layouts other vehicle and pedestrian access and circulation areas bin storage and hard and soft surfacing materials All hard and soft landscape works shall be carried out in accordance with the approved details The works shall be carried out prior to the occupation of the relevant part of the development or in accordance with a programme agreed in writing by the local planning authority All planting seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting seasons following the occupation of the buildings or the completion of the development whichever is the sooner and any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the local planning authority gives written approval to any variation

Reason In the interest of visual amenity

Informatives

1 In approving this application the content of the submitted Environmental Statement has been taken into account The relevant planning guidance and policies were identified as PPS1 PPS4 PPS7 PPS9 PPG13 PPS22 PPG24 PPS25 East Midlands Regional Plan Policies 1 2 11 18 20 21 22 North Northamptonshire Core Spatial Strategy 2008 policies 1 8 9 11 13 and 14 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development mix of uses employment creation impact on highways sustainable transport righs of way designlandscape impact landscaping noise ecology flooding archaeology and sustainability The application has been approved as

The principle of the development is acceptable when weighing all planning policies and material considerations

the impact of the proposal on the vitality and viability of existing centres would be minimal

Development Control Committee 42 of 100 Date printed 9 November 2011

The proposal would give significant benefits to the district particularly in respect of local employment creation and economic regeneration

The proposal would not have an unacceptable impact on the local or strategic highway network

The development would not cause significant harm to the visual amenity or character of the area

The proposal would not have a significant impact on the amenities of neighbouring occupiers

The proposal would be accessible by means of transport other than the car

2 Guidance on the sustainable use of soil resources can be found in Defra Construction Code of Practice for the Sustainable Use of Soils on Construction Sites (see httpwwwdefragovukpublicationsfilespb13298-code-of-practice-090910pdf)

3 The proposed surface water scheme should be in accordance with the additional response to Environment Agency objection Environmental Infrastructure amp Flood risk (ref ABA5007 revision A dated 26 September 2011) which restricts run-off to Qbar If the developers wish to pursue the alternative strategy of restricting the sit to Q30 further discussion will be required given the historic nature and lengthy background to Warth Park and works to Hogs Dyke

4 The highway proposals associated with this consent involve works within the public highway which is land over which the developer has no control The Highways Agency therefore requires the developer to enter into a suitable agreement to cover the design and construction of the works Please contact Mr Alan Darby of the Agencys Area 7 network Delivery and Development Directorate 0121 687 4165 at an early stage to discuss the details of the highway agreement

5 A Site Waste Management Plan will be required for the development hereby approved

6 Notwithstanding the terms of this planning permission a separate application under section 257 of the Town And Country Planning Act for a Diversion Order in relation to the public right of way known as UG39 must be made and approval granted before any development can proceed

7 The plans to which this decision relates are

Development Control Committee 43 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 25 October 2011

Case Officer Carolyn Tait EN1101054FUL

Date received Date valid Overall Expiry Ward Parish 7 July 2011 7 July 2011 1 September 2011 Rushden Bates Rushden

Applicant Mr And Mrs N Richards

Agent Sidey Design Architecture

Location 169 Bedford Road Rushden Northamptonshire NN10 0SA

Proposal Single storey side extension to existing annex (Resubmission of 1100425FUL)

This application is brought before Development Control Committee at the request of a local Ward Member

1 Summary of Recommendation

11 That permission be REFUSED

2 The Proposal

21 This application is a re-submission of a previously refused scheme for the erection of a single storey side extension to an existing annex The previous application was refused for being tantamount to the creation of a separate dwelling in the open countryside which would have appeared out of character with the prevailing built form which is characterised by large dwellings set in spacious plots It was also refused as the rear wing of the house would have been out of proportion with the original dwelling which would have resulted in an unacceptable impact on the character and appearance of the surrounding area the open countryside and the host dwelling

22 The previous extension reference 1100425FUL measured approximately 9 metres in length by 63 metres in width by 47 metres in height and accommodated a kitchen a dining area a bedroom a wet room and a closet This proposal would measure approximately 5 metres in length by 63 metres in width by 47 metres in height and would accommodate a bedroom a studio room a shower room and a large closet

3 The Site and Surroundings

31 The application site accommodates a detached dwellinghouse set back 232 metres from the A6 (Bedford Road)

32 The dwelling already has a single storey rear extension which accommodates a lounge a kitchenette a shower room and a bedroom

33 Nearby dwellings are parallel to the A6 but differ in their character and appearance

Development Control Committee 44 of 100 Date printed 9 November 2011

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS7 ndash Sustainable Development in Rural Areas

42 East Midlands Regional Plan Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development On 10th November 2010 the High Court ruled that the Secretary of States decision to

revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements Policy 9 ndash Distribution and Location of Development Policy 13 General Sustainable Development Principles

44 East Northamptonshire Local Plan RU2 ndash Provision for residential infilling in the Avenue Road area of Rushden

45 Supplementary Planning Guidance Residential Extensions and Alterations Design Guide

46 Other Documents The Three Towns Plan Preferred Options Document

5 Relevant Planning History

51 0300377FUL Single storey rear extension PERMITTED

52 1100425FUL Single storey extension to existing annex REFUSED The two refusal reasons were as follows

bull The proposed extension would by virtue of its internal layout and scale be tantamount to the creation of a new dwelling in the open countryside and therefore is contrary to PPS7 A separate dwelling in this location would appear out of character with the prevailing built form which is characterised by large dwellings set in spacious plots bull The proposed extension by reason of its scale bulk design and cumulative impact would result in the rear wing of the house being out of proportion with the original dwelling This would have an unacceptable impact on the host dwelling on the character and appearance of the surrounding area and on the open countryside and therefore is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy and the Supplementary Planning Guidance for Residential Extensions and Alterations Design Guide

This most recent application has been re-submitted to try and overcome these two reasons for refusal

6 Consultations and Representations

61 Neighbours No comments received

Development Control Committee 45 of 100 Date printed 9 November 2011

62 Town Council No objection

63 Site notice posted 25 July 2011 on a post at the entrance to the site

64 A letter was received from the applicantrsquos agent on 17 August 2011 to support the application and can be summarised as

bull A new application was submitted on 5 July 2011 reference 1101054FUL with a reduced depth to the single storey extension The original host dwelling is a two storey four bedroom property with rear wing that was built in the 1920s The original two storey annex was applied for and approved in 2003 (0300377FUL) It was built during 2004 The depth of the host dwelling is 176 metres The depth of the extended annex is 104 metres The annex extension is less than 5 metres in depth and is single storey It is proposed to have a lower ridge than the existing annex and is propose to be treated with shiplap boarding in contrast with the existing extension and in keeping with an existing detached outbuilding in the grounds It is a large plot and the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area

bull Strongly believe that both the original proposal and the resubmitted proposal are not contrary to PPS7 or Policy 13h of the North Northamptonshire Core Spatial Strategy

bull It appears that the main reason for the previous refusal is the perception of the creation of an additional dwelling in the open countryside This could be dealt with by condition or a legal agreement

bull A recent planning appeal decision APPL3245D112151635 was allowed This application was for additional annex accommodation to a property located in open countryside The decision was given in favour because the Inspector confirmed that a suitable condition could be put in place in accordance with circular 1195

bull Strongly believes that this current application should be given due and proper consideration in light of this appeal decision

bull The proposal complies with Policy 13h of the North Northamptonshire Core Spatial Strategy in that it is a quality design subservient to the original property

bull The applicant would be willing to accept a condition or enter into a Section 106 agreement should it be necessary to ensure the annex remains ancillary to the main dwelling With a suitable condition the proposal would comply with PPS7 as it would not form a separate dwelling in the open countryside

bull Permission has recently been granted for two two storey annexes in Wellingborough WP20110023F and Rugby R102116 Both of these had self contained accommodation and were in the open countryside The retention as an annex was dealt with by way of a condition

7 Evaluation

71 The following considerations are relevant to the determination of this application

72 Principle of development Tantamount to the creation of a separate dwelling

721 The site is located outside of the built up area of Rushden as identified in the adopted Local Plan and the Three Towns Plan Preferred Options Document It is within ribbon development built along Bedford Road The character of the area remains one dominated by dwellings in linear form each fronting the highway despite the precise set back of dwellings being varied

Development Control Committee 46 of 100 Date printed 9 November 2011

722 Whilst the proposal is described as an extension to a dwelling due to the size internal layout and layout of the site it would be tantamount to the creation of a separate dwelling and needs to be assessed as such

723 This application has reduced the size of the proposed extension as well as altering the internal layout since the previously refused application This proposal no longer includes a kitchen or a dining room

724 Despite the amendments the proposal is still considered to be tantamount to the creation of a separate dwelling as it would accommodate a bedroom closet and shower room These would be directly linked to the existing internal arrangements which comprise a lounge kitchenette shower room wc lobby and utility area with an upstairs studio room (that could become a second bedroom) This accommodation is in addition to the internal arrangement of the main dwelling It would be easy to section off an area of the private garden as both the lounge and proposed bedroom would have separate entrance and back doors The proposed accommodation would be in excess of what would be typical from a linked and dependant annex The accommodation could also be considered more extensive then many new dwellings By simply closing off an internal door this could create an independent dwelling in its own right with no dependence on the main dwelling The proposal would be within the open countryside and would be independent from the main dwelling as it would not rely upon any of the facilities of the main house

725 Case law states that for a building to be incidental the function of the space provided must be subordinate to the basic or primary accommodation to be expected at a dwellinghouse rather than being an incident of that main use Thus a building which is to contain facilities such as a lounge kitchenette two shower rooms lobby utility room and two bedrooms is not considered to be incidental to the enjoyment of a dwellinghouse and as such forms a separate unit

726 The applicantrsquos agent states in their comments that a condition could be added to any permission granted to ensure that the proposal remains ancillary to the existing dwelling The agent made reference to an appeal APPL3245D112151635 and states that this appeal was allowed because the Inspector felt that a condition could be added to restrict the proposal from becoming a separate residential unit A copy of the appeal decision can be found at Appendix 1

727 This was an application which sought planning permission to convert the ground floor garage space of an annex into additional living accommodation without complying with a condition attached to planning permission 108860P The condition in dispute stated that lsquoNotwithstanding the provisions of Part 1 of the Town and Country Planning General Permitted Development Order 1995 the garage area of the barn shall not be used as overspill residential accommodation without the prior consent of the District Planning Authorityrsquo

728 The Inspector allowed the appeal and granted planning permission for the conversion of the ground floor garage space with a condition that it remain ancillary to the residential use of the main dwelling

729 The Inspector considered that a condition could be added for the accommodation to remain as ancillary to the main dwelling as it was not possible for it to become a separate dwelling He considered that the creation of a separate dwelling at the appeal site would not be in a sustainable location and that creating a separate dwelling would not be practical The Inspector considered that the annex would not have had enough amenity space to function comfortably as a separate dwelling The Inspectorrsquos opinion was that this would have significantly reduced the likelihood that the barn could have been successfully used as an independent property

Development Control Committee 47 of 100 Date printed 9 November 2011

7210 It is considered that this current application at 169 Bedford Road could be converted into a separate dwelling for the reasons given at paragraph 724 It would have sufficient amenity space parking space and the internal layout would allow it to function independently from the main dwelling Therefore in this instance a condition would not be appropriate as an application could be submitted at a later date for a separate dwelling and the local planning authority would have difficulty refusing it because of the building already being in existence As such this proposal can not be compared to the appeal decision which the applicantrsquos agent has referred to

7211 The applicantrsquos agent also refers to two other recent decisions one in Wellingborough and one in Rugby However each application is treated on its individual merits and for the reason stated at paragraph 7210 the proposal can not be permitted subject to a condition for the proposal to remain ancillary to the existing dwelling

Planning Policy

7212 Policy 9 of the North Northamptonshire Core Spatial Strategy states that development in the open countryside will be strictly controlled and that priority will be given to the reuse of suitable previously developed land and buildings within the urban areas followed by other suitable land in urban areas Despite being within the curtilage of an existing dwelling the proposal would not be sited within the existing built up area and is therefore considered to extend into the open countryside to the rear

7213 Policy RU2 of the East Northamptonshire Local Plan states that planning permission will normally be granted for residential infilling or redevelopment in Bedford Road Avenue Road and Newton Road where it relates to land within the built up area has a frontage to the highway and a depth similar to adjoining residential curtilages and does not result in a backland form of development Whilst the proposal is within the built up area of the Bedford Road it would not comply with this policy as it would not have a highway frontage would not be of a depth similar to adjoining residential curtilages and would result in backland development

7214 Whilst each application is treated on its individual merits the following appeal decision was one that was dismissed at 84 Avenue Road Rushden on 30 June 2008 (APPG2815A072061769) A copy of this appeal decision can be found at Appendix 2 Members should take this decision into account when determining the current proposal as it relates to Policy RU2 of the East Northamptonshire Local Plan

7215 The proposal was for a separate annex to the rear of an existing dwelling It was refused because the annex by nature of its location scale siting design and use would have resulted in and adverse impact on the character and built form of the settlement and would have had an unacceptable intrusion upon the open countryside

7216 The proposal was considered contrary to Policy RU2 of the Local Plan and PPS1 and PPS7 In addition to these policies it was considered contrary to GEN2 and H21 of the Local Plan However these policies are no longer saved The Inspector stated that the proposed development would not have met the criteria of Policy RU2 as it would have created backland development would not have had a highway frontage and would not have had a depth of plot similar to neighbouring development He went on to state that the proposed development would not have been sited within the built up area despite being proposed within the curtilage of the existing dwelling

7217 The site had an open character to the rear and consequently the Inspector considered that due to the proposals scale and design it would have intruded visually in a harmful way into the countryside area at the rear of the development The Inspector concluded that the proposal would have had a harmful effect on the character and appearance of the area and would not have conformed with RU2 of the Local Plan

Development Control Committee 48 of 100 Date printed 9 November 2011

7218 The applicantrsquos agent strongly believes that the proposal is in accordance with PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy PPS7 states that local planning authorities should strictly control new house building (including single dwellings) in the countryside away from established settlements or from areas allocated for housing in development plans This proposal would result in a new dwelling in the open countryside away from the main settlement of Rushden and as such is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping respect and enhance the character of its surroundings and be in accordance with the environmental character of the area The proposal would result in backland development which would not respect or enhance the character of its surroundings and as such would be contrary to Policy 13h of the North Northamptonshire Core Spatial Strategy

73 Visual impact 731 The second reason for refusal on the previous application related to the proposals scale bulk design and cumulative impact and the visual harm that would have been caused on the character and appearance of the surrounding area open countryside and the main dwelling

732 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping and that it should respect and enhance the character of its surroundings and be in accordance with the environmental character of its surroundings

733 The proposed extension would increase the size of the host building but not to a scale or extent which would appear overwhelming in the context of the whole site It would remain physically subservient to the existing extension and as such would be in accordance with the Residential Extensions and Alterations Design Guide However the potential use as an independent dwelling would be out of character with the prevailing built form which is characterised by large dwellings set in large plots which front Bedford Road This would be to the detriment of the wider surrounding area and contrary to advice in PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy

734 The applicantrsquos agent has commented that the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area However it is felt that the size of the proposal would lead to the creation of a dwelling within the open countryside which would be contrary to planning policy

74 Neighbouring amenity 741 Due to the scale nature and location of the extension it would not affect neighbours in terms of overlooking overshadowing or overbearing

8 Other issues

81 Adequate private amenity space would remain

82 Crime and Disorder - This application does not raise any significant issues

83 Access for Disabled ndash The proposal would not be subject to any public access and therefore does not raise any concerns

9 Recommendation

91 That permission be REFUSED for the following reasons

Development Control Committee 49 of 100 Date printed 9 November 2011

10 ConditionsReasons -

1 The proposed extension would by reason of its internal layout size and positioning be tantamount to the creation of a separate dwelling in the open countryside It would be contrary to PPS7 which aims to protect the open countryside for itrsquos own sake A separate dwelling in this location would create a form of backland development away from the built up area of Rushden and as such would appear out of character with the existing ribbon development along the Bedford Road which is characterised by large dwellings in spacious plots which face the highway The proposal would therefore be contrary to PPS7 Policies 1 9 and 13h of the North Northamptonshire Core Spatial Strategy and Policy RU2 of the East Northamptonshire Local Plan

Informatives

1 The drawings to which this decision relates are as follows Plans received by the local planning authority on 7 July 2011 drawing number 11-020-

01 Existing and proposed plans and elevations site and location plans

Development Control Committee 50 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 26 October 2011

Case Officer Sue Wheatley EN1101102FUL

Date received Date valid Overall Expiry Ward Parish 18 July 2011 29 July 2011 28 October 2011 Thrapston Lakes Thrapston

Applicant MREF II PM Ltd Co Moorfield Group Ltd

Agent Katie Brown - Street Design Partnership

Location Plots 11 To 14 Haldens Parkway Thrapston Northamptonshire NN14 4QS

Proposal Proposed extension to existing distribution building with associated parking landscaping and temporary construction access

This matter is brought before the Development Control Committee due to the amount of floor area proposed

1 Summary of Recommendation

11 That permission be GRANTED

2 The Proposal

21 This is a full application for a 13540 square metre extension to the Primark distribution depot The existing floorspace is 57713 square metres The extension is located along the northern and approximately half of the eastern side of the existing building The proposal will require the width and height of the existing landscape bund to be reduced Further details of this are provided within section 79 of this report It is proposed that the cladding for the extension be graduated from dark to light from ground to sky Three new dock leveller doors are proposed in the north western elevation and one in the south east elevation

23 The application was accompanied by the following documents

bull Planning Statement and Economic Justification bull Primark Operational and CSR Statement bull Design and Access Statement bull Transport Assessment (TA) bull Flood Risk Assessment (FRA) bull Protected Species Survey bull Landscape Report bull Landscape Management Report

24 It is advised that the application has been submitted as a direct response to Primarkrsquos operational needs The depot which is operated in conjunction with DHL is one of two which serves the whole of the countryrsquos retail outlets It is already we are advised operating over capacity and further space is needed to meet Primarkrsquos next phase of UK expansion

Development Control Committee 51 of 100 Date printed 9 November 2011

25 The Design and Access Statement indicates that Primark has sought to balance the need to protect long distance views towards the site against the internal spatial requirements of the business They advise that the efficient operation of a distribution centre dictates how a building needs to be laid out The building includes racking lines which have been designed to optimise picking of goods These are 115m high 275m wide with an operating aisle of 3m

26 During the course of the consideration of the application an Addendum to the TA was submitted together with revised drainage information

3 The Site and Surroundings

31 The application site is on the edge of an existing industrial park known as Haldenrsquos Parkway which is located at the entrance to Thrapston There are industrial units to the west but open countryside immediately to the north and east although there is currently gravel extraction taking place on the land to the east There is a residential property Rectory Farm Bungalow to the east as well

32 The site is visible from both the road that goes to Titchmarsh (Ran Way) and also from the A605

4 Policy Considerations

41 National Planning Policy Guidance

PPS1 - Sustainable Development PPS4 - Planning for Sustainable Economic Growth PPS9 ndash Biodiversity and Geological Conservation

PPG13- Transport PPS23 ndash Planning and Pollution Control PPG24- Planning and Noise PPS25- Development and Flood Risk

42 East Midlands Regional Plan

Policy 1 ndash Regional Core objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 11 ndash Development in the Southern Sub-Area Policy 18 ndash Regional Priorities for the Economy Policy 20 ndash Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 28 ndash Regional Priorities for Green Infra-structure Policy 29 ndash Priorities for enhancing the Regionrsquos Biodiversity Policy 30 ndash Regional Priorities for Managing and Increasing Woodland Cover Policy 31 ndash Priorities for the Management and Enhancement of the

Regionrsquos Landscape Policy 35 ndash A Regional Approach to Managing Flood Risk Policy 39 - Regional Priorities for Energy Reduction and Efficiency Policy 43 ndash Regional Transport Objectives

MKSM Northamptonshire SRS Northamptonshire 1 ndash The Spatial Framework

Ministerial Statement Planning for Growth

Development Control Committee 52 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy

Policy 1- Strengthening the Network of Settlements Policy 5 - Green Infrastructure Policy 6 ndash Infrastructure Delivery and Developer Contributions Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution and Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development Policy 4 ndash Green Infra-structure Policy 5 ndash Transport Network Policy 7 ndash Flood Risk Policy 11- Enhancing Biodiversity Policy 12 ndash Considerate Construction Policy 16 ndash Protected Employment Areas Policy THR4- Relocating Existing Businesses around Thrapston

45 Northamptonshire County Structure Plan

No relevant saved polices

46 East Northamptonshire District Local Plan Any policies have now been superseded by the RNOTP

47 Supplementary Planning Guidance Planning Out Crime Adopted (February 2004) Parking Adopted (March 2003) North Northamptonshire Sustainable Design SPD( March 2009)

5 Relevant Planning History

51 The building was previously occupied by IKEA

52 There is a current planning application for a relocated cattle market on the land to the north(ref 1101240FUL)

6 Consultations and Representations

61 Neighbours ndash The occupiers of Rectory Farm Bungalow comment that

bull they already have to endure sleepless nights with the noise from the endless shunting and related movements of vehicles through the night and the noise omitted from the warehouse and that the extension being on ldquotheir siderdquo will bring more disruption

bull Express concern about fire risk bull It is unnecessary to destroy the established and effective bund of trees(which will never

recover to its present form) when there is an existing access

62 Neighbours- 8 letters of support although many of these live some distance from the site

bull Will create employment

Development Control Committee 53 of 100 Date printed 9 November 2011

63 Thrapston Town Council ndash No objection

64 Titchmarsh Parish Council ndash Make the following comments

ldquoDevelopers to ensure that the external landscaping is improved and maintained In addition ensure that traffic leaving the temporary entrance leaves the site by turning right only and access to the site is only via Huntingdon Road Temporary signage to be placed on the A605 prohibiting construction traffic entering the villagerdquo

65 Highways Agency- No objection

66 Local Highway Authority ndash Advised that inadequate information had been provided and made the following comments in relation to the application as originally submitted

bull As an earth bund is being removed details of the cubic capacity of the soil to be removed and associated lorry movements are required

bull Details of the construction compound are required bull Additional disabled parking is required bull Off ndashsite highway works are required to Ran Way A ldquoswept pathrdquo analysis needs to be

carried out to demonstrate what is required bull A carriageway condition survey will need to be carried out before and upon completion

of works bull A daily log will need to be kept of vehicles bull A suitable turning facility for buses is required bull The ldquoCounty Connectrdquo operating hours need to be extended to arrive at the site by 600

am and leave after 700 pm

An addendum to the TA was submitted and the Local Highway Authority made the following comments in response to this and advised that it has no objection subject to the imposition of conditions

bull The LHA is reasonably content that the revised technical data addresses the points of concerns originally raised

bull The LHA is content with the construction access details within Ran Way and the passing bays to facilitate construction vehicles either entering or emerging from the site to access the A605 via Huntingdon Road

bull Further details are required to identify off-site accommodation works to prevent vehicles turning left when emerging from the site within Ran Way Huntingdon Road

bull Cantilever bus shelters with flag sign posts are to be provided to aid the promotion of the submitted ldquoTravel Planrdquo within Huntingdon Road to reduce private car journeys

bull As an additional measure off-site footway kerbing and construction works are proposed to aid the safe passage of pedestrian movement within Huntingdon Road on the eastern side of the vehicle access point

bull The use of the temporary construction vehicle access and passing bays shall be formed prior to the commencement of construction works unless alternative vehicle access arrangements can be promoted utilising the existing vehicle access facilities In any event all construction vehicles shall turn right either onto Ran Way or Huntingdon Road when emerging from the development site

bull The promotion of extending the footway in addition to the promoted footway works to aid the safe passage of pedestrian movement throughout the frontage of the development site within Huntingdon Road and Ran Way can be considered If the Planning Authority considers that the request for extending the footway into along Ran Way reasonable and proportionate then the Highway Authority would not object to the promotion and construction of such an approved pedestrian facility All costs to be borne by the developer and at no cost to either authority

Development Control Committee 54 of 100 Date printed 9 November 2011

67 Environment Agency ndash Initially expressed concern that the Flood Risk Assessment (FRA) did not adequately demonstrate that surface water could be managed without increasing flood risk Further information was submitted and the Environment Agency have now confirmed that they have no objection to the application subject to the imposition of a condition in relation to surface water drainage

68 Natural England ndash No objection having regard to the standing advice and the submitted Protected Species Survey

69 Wildlife Trust ndash Have provided information regarding a mitigation scheme that can be implemented in relation to Titchmarsh Nature Reserve

610 Conservation Officer (TPO) ndash makes the following comments

bull The planting on the existing bund is of varying quality and is very sparse in places The eastern bund is dominated by semi-mature Laurel(planted on the top) with a mix of broadleaved trees (Oak Field maple and Birch) which have shown poor to reasonable growth

bull The remodelling of the bund would reduce itrsquos height by between 47m and 33m on the northern side and 3m on the eastern bund The re-modelled bund is proposed to be 55 to 16 metres wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

bull As a result of the re-modelling almost all of the existing trees will be removed I have some concerns about the loss of some of the better quality broadleaf trees particularly the Lime and Oak and suggest that consideration is given to re-planting these

bull The proposed planting includes re-planting of the bottom hedge where required with the main slopes having an understorey of native woodland whip planting with interspersed standard trees The submitted details refer to the use of pre-seeded matting to combat erosion of the new slopes and confirmation is required that the woodland planting would be planted within this

bull The visual information submitted with the application demonstrates that the site is most visually prominent when viewed from the immediate north and north east with distant views from the north west The reduction of the bund and removal of existing vegetation will add to the prominence of the building in the short term

bull However the proposed planting is substantially better than existing and providing that it takes and is managed in accordance with the submitted Landscape Management report will create a similar planted effect to that which is present The planting mix is more comprehensive which will result in denser planting over time It is likely that the new planting would take between 5 and 10 years ( minimum) to create a suitable screen The future views of the building are likely to be similar to those at present after this time

611 Environmental Health (Contamination) ndash No objection but recommend an informative to draw the applicantrsquos attention to the fact that there is a landfill site within 250m

612 Environmental Protection (Noise) ndashthe original conditions for the warehouse from EN9700283FUL relating to environmental issues should be transposed onto any new permission granted These include condition numbers 2 3 13 and 14 Whilst conditions 15 16 17 18 and 19 relate to matters regulated by the Environment Agency it would be prudent for these to also be transposed to any new permission

Development Control Committee 55 of 100 Date printed 9 November 2011

The following further conditions are also recommended

Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays

There is no information provided on any ventilation or extraction to the new extension Therefore if you feel it is appropriate a further condition should be added to control noise from any such system

Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There should be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

The records held by Environmental Protection in relation to noise complaints confirm that there have been no complaints about activities from the site Previous Condition 13 is designed to protect local residents from noise from activities at the site and should complaints be received then activities would be monitored to ensure that the site is compliant with that condition This states

ldquoNoise from activities within the building(measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level(measured at L A90 30 min) by more than 5dba(A)rdquo

613 Anglian Water ndash Any comments received will be reported on the Update Sheet

7 Evaluation

71 Principle of Development

711 Policy EC 101 in Planning Policy Statement 4 advises that Local Planning Authorities should adopt a positive and constructive approach towards planning applications for economic development and that planning applications that secure sustainable economic growth should be treated favourably

712 One of the main thrusts of the North Northamptonshire Core Spatial Strategy is to deliver economic prosperity Policy 8 identifies the net increase in jobs that will be required to maintain a balance between homes and jobs Thrapston is identified under Policy 1 in the Core Spatial Strategy as a rural service centre and Policy 1 of the RNOTP indicates that to support the role of service centres the employment and service base of such settlements will be expanded

Development Control Committee 56 of 100 Date printed 9 November 2011

713 Paragraphs 395 ndash 399 of the North Northamptonshire Core Spatial Strategy considers the role that distribution has played in the past in the area It is highlighted that whilst it has created jobs it has involved the use of large areas of land put significant demands on transport infra-structure and involved large buildings that have often been visually intrusive

714 Policy 11 indicates that large scale strategic distribution is to be concentrated at the rail linked Euro-hub site in Corby and that other distribution sites should be located close to the strategic road network The site is located at the junction of the A14 and A45 trunk roads

715 Paragraph 398 also highlights that smaller distribution development should be in locations and of a scale where buildings are not visually prominent unless they are of exceptional design and build quality Buildings it is advised should be sensitively designed to reduce the impact on the local landscape and townscape and achieve high developments should contribute towards enhancing the wider Green Infrastructure network The impact on the landscape is considered in section 78 the design and sustainability of the building in section 72

716 Primark advise that the company currently employs 326 permanent members of staff at Thrapston of which all but one work full time 34 of employees live in the Thrapston Raunds and Rushden area and virtually all live within a 15 mile radius A further 115 agency and contractor staff are employed There is also some indirect employment from the business as catering and cleaning are subcontracted

717 Primark also highlight that their employees have an onsite library and computer room and that the company has offered training programmes in the form of language courses and that employees are also encouraged to study for NVQs in conjunction with Peterborough College in subjects such as administration and management The company also draws attention to its work in the community

718 The company leases the site and has advised that if it does not obtain planning permission for the extension it will need to consider relocating to a cheaper area which would be outside Northamptonshire They advise that there is an optimal size for distribution centres which is just under 74000 square metres Beyond this size there are operational disbenefits and that therefore they would not need to seek permission for further extensions Any future expansion would require the addition of a third distribution centre

719 They advise that if permission is granted it will enable them to sign a lease for a further 15 years and that an additional 35 permanent full time jobs and a further 95 agency jobs would be created They further advise that where possible Primarkrsquos preference is to employ local people

7110There are significant economic benefits associated with this proposal It is to enable the expansion of an existing business on an existing employment site and would retain employment and generate additional employment However PPS4 and local policy does make it clear that the impacts of economic development proposals still need to be considered Policy EC 102 in particular sets out that planning applications for economic development should be assessed against the following considerations

a) whether the proposal has been planned over the lifetime of the development to limit carbon dioxide emissions and provide resilience to climate change b) the accessibility of the site by a choice of means of transport the effect on local traffic and congestion c) whether the proposal secures a high quality and inclusive design which takes the opportunities available for improving the character and quality of the area

Development Control Committee 57 of 100 Date printed 9 November 2011

d) impact on economic and physical regeneration including impact on social inclusion e) impact on local employment

These issues are considered in the following sections The Ministerial Statement Planning for Growth is also a material planning consideration This indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

72 Carbon emissions and Climate change

721 The North Northamptonshire Core Spatial Strategy indicates that new distribution buildings should be of a high environmental standard It is proposed that the extension be built to the BREEAM very good standard which would comply with Policy 14 in the North Northamptonshire Core Spatial Strategy

722 The Primark site also include its own waste recovery facility where carrier bags and coat hangers from all of their retail outlets are recycled

73 Highway Issues ndash General Background

731 A Transport Assessment (TA) was submitted with the application and this considers the impact on local roads and the trunk road network and the accessibility of the site by walking cycling and public transport The Local Highway Authority requested further information and this was included within an Addendum to the TA and plans have also been submitted to show the proposed off-site highway works The Local Highway Authority has advised that it is reasonably content with this revised information

74 Highway Issues ndash Impact on Trunk Road Network

741 The site is close to the junction of the A45 and A14 and thus is easily accessible to the trunk road network The Highways Agency has raised no objection to the proposal

75 Highway Issues ndash Existing Traffic Movements on Local Roads

751 Concern has been expressed in the past by Members when other applications have been considered for development of the Haldenrsquos Parkway site about the functioning of the roundabout at the junction of Haldenrsquos Parkway and the A605 The TA however includes accident data for the last 5years(2005-2011) and there has only been one slight injury accident on the roundabout and that did not relate to a HGV driver losing control and toppling over onto the verge

752 The TA includes the results from a survey that was carried out of existing traffic movements in January 2001 It notes the following results

bull The peak levels of traffic passing the site along Huntingdon Road are very low There were only 106 two-way vehicle movements observed between 800 and 900 and 75 two-way vehicle movements in the evening peak between 1700 and 1800

bull The two way traffic flows on the goods and car park entrances during the morning peak hours were 2 HGVs and 11 light vehicles and in the evening peak hour there were 16 HGVs and 31 light vehicles There are low levels of flow from the site during peak times due to Primarkrsquos shift patterns

Development Control Committee 58 of 100 Date printed 9 November 2011

76 Highway Issues ndash Parking

761 The existing car park has 226 spaces of which 8 are for visitors and 2 are disabled bays Adjacent to the car park there is a cycle shelter with space for 20 bicycles and 10 motorcycles There is lorry parking for 20 vehicles in an area just beyond the goods vehicle entrance and space for approximately 65 lorries to park along the eastern and western site perimeters

762 The TA advises that a parking survey was carried out in March 2011 between 1330 and 1430 at shift change over time It was observed that the peak level of parking demand was space for 209 cars and vans It was also observed that 68 of persons drove tofrom work at this time

763 The TA notes that none of the existing car and lorry spaces would be lost as a result of the building work but that there would be some re-organisation of spaces It includes a calculation based upon Primarkrsquos planned shift patterns and increase in staff and current journey to work patterns to calculate a new parking demand of 291 cars

764 The TA however also assessed the need for parking generally for B8 uses using the TRICS database and found a need for 320 spaces ( including HGV spaces) It therefore concludes that the predicted demand for 291 spaces for Primark is reasonable

765 The proposal therefore includes an altered car park layout to include 291 spaces 36 cycle spaces and 18 motorcycle spaces are also provided The amount of lorry parking just inside the entrance has been increased from 20 to 37 spaces

766 The Addendum to the TA includes an additional analysis in relation to parking It considers the Parking SPG requirements noting that this requires a maximum provision of one space per 120 sqm of gross B8 distribution floorspace This equates to the need for a maximum of 113 additional parking spaces Only an additional 65 spaces are proposed as part of the application however the Addendum suggests that this is acceptable as it is based upon the operational requirements provided by Primark and is also comparable with TRICS database information from other distribution facilities

77 Highway Issues ndash Local Traffic Impact

771 The TA assumes that the likely impact of the traffic from the development would be a pro-rata reflection of the 23 increase in floorspace( 19 increase in staff levels) It is therefore suggested that the morning peak hour traffic flows are likely to increase from 13 vehicles per hour to 16 vehicles per hour and in the evening from 47 vehicles per hour to 57 All HGVs would travel to and from the A605 avoiding Titchmarsh under an agreed routing restriction

772 The TA indicates that Huntingdon Road has ample capacity to accommodate this increase There would be less than a 05 increase in traffic through the A605Huntingdon Road roundabout (which has morning and evening peak hour entry flows of 2000 vehicles per hour) which it is concluded would be imperceptible

773 The applicant however was asked to undertake further work as the peak hour for the proposed development is at shift change over time rather than the traditional morning and evening peaks A survey was therefore carried out on 14 September 2011 and the results of this are included in the Addendum to the TA It was found that at 200 the busiest time the level of traffic on the busiest arm of the roundabout and the A14 was only 70 of the morning peak flow The Local Highway Authority has advised that it is happy that the Addendum to the TA has addressed the concerns originally raised

Development Control Committee 59 of 100 Date printed 9 November 2011

774 A temporary access is to be provided for construction purposes from Ram Lane No details were initially provided in relation to construction traffic however further details have been submitted as part of the Addendum to the TA This includes a Draft Construction Management Plan The most significant period of construction traffic movement is during the excavation work (It is estimated that approximately 28500 cubic metres of material is to be excavated and removed from the site) which is to be carried out in weeks 0-8 of the build programme and will result in 100 8-wheel lorries coming to and from the site daily The Local Highway Authority has advised that it has no objection to the proposal on the basis of construction traffic

775 The Addendum also includes details of the proposed construction compound and wheel washing facilities as requested by the Local Highway Authority

776 The Local Highway Authority requested that a swept path analysis be carried out for construction vehicles using Ram Lane This has been included in the Addendum to the TA This showed that there will need to be a small amount of widening to Ram Lane to allow vehicles to negotiate the tight bend The Addendum to the TA also highlights that the applicant had agreed with the Local Highway Authority that the existing footpath will be extended by 20m to the east of the car park entrance Plans showing these off-site highway improvement works have been submitted and re-consultation has been carried out

78 Highways Issues ndash Access by Walking Cycling and Public Transport

781 The TA notes that access to the site from Thrapston by pedestrians and cyclists is good It however notes that there is no bus service entering the AIMI Business Park and that even if there were it would be unlikely to suit shift patterns apart from when daytime management and drivers leave at 500pm

782 Primark already has a Travel Plan and the TA includes details of this

783 The Local Highway Authority originally requested improvements to the bus service however subsequently has subsequently agreed that

1 To encourage and facilitate the use of the ldquoCounty Connectrdquo bus service the applicant should fund the provision of a bus stop and shelter in Huntingdon Road

2 Instead of extending the operating hours of the County Connect Service the existing Travel Plan should demonstrate what measures will be taken to encourage modes of transport other than the car particularly by employees needing to travel outside of the County Connect hours ( 0700 to 1900)

These measures can be addressed by the imposition of suitably worded conditions

79 Visual Impact

791 The design of the extension with the coloured banding should help to minimise the impact of the built form although there is a danger that as it a different design solution to the existing building it could appear discordant

792 The most significant concern in relation to this proposal is the impact that it would have on the landscape as the existing landscaped bund is to be remodelled This bund is currently between 5 ndash 65m high and varies in width On the northern boundary it is between 60m and 40m wide The corner of the bund is around 55m wide The bund to the eastern boundary is around 50m wide The proposed remodelling of the bund would result in a reduction in the height of the bund by between 47m and 33m on the northern side and 3m on the eastern side The remodelled bund is proposed to be 55 and 16 meters wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

Development Control Committee 60 of 100 Date printed 9 November 2011

793 As a result of the remodelling almost all of the existing trees would have to be removed The planting on the existing bund is however of varying quality and is very sparse in places The eastern bund is dominated by semi mature Laurel (planted on the top) with a mix of broadleaf trees (Oak Field Maple and Birch) which have shown poor to reasonable growth The existing planting on the northern bund is very sparse in places (with the exception of some developing Lime trees) with poor growth throughout especially on the top and at the western end The whole of the bund appears to be in a constant drought the soil is nutrient poor and much of the planting shows signs of extensive rabbit damage

794 The Councilrsquos tree officer advises that she has some concerns over the loss of some of the better quality broadleaf trees particularly the Lime and the Oak She suggests that consideration is given to the transplanting of these young trees to elsewhere in the site where they can be more benefit The age of the trees is likely to result in successful relocation providing this is undertaken correctly

795 The proposed planting for the remodelled bunds includes replanting of the bottom hedge where required with the main slopes having an understory of native woodland whip planting with interspersed standard trees Reference is made within the planting details to the use of a pre-seeded matting to combat erosion of the newly formed slopes

796 The building is already fairly prominent and the removal of the bund and existing vegetation in the short term medium term will add to its prominence

797 The new planting proposed however as part of the remodelling is substantially better than the existing and providing it takes and is managed in accordance with the submitted Landscape Management Report it will create a similar planted effect to that which is present While the extension to the building will decrease the planted area available the proposed planting mix is more comprehensive which should result in a denser and more diverse landscape screen over time In the longer term therefore views of the building are likely to be similar to those at present

798 Members will therefore need to weigh carefully the requirement to consider economic development proposals favourably against the harmful effect that this proposal will have on the landscape in the shortmedium term

799 Careful management of the landscape works will be key to the long term impact of the development This is considered further in sections 79 and 713 of this report

7910Whilst this Council is currently considering an application for a relocated cattle market on the land to the north of the site this can be given limited weight as it is not a planning commitment

710 Impact on Residential Amenity

7101The nearest residential property to the proposed extension is The Bungalow This property would be 50 metres from the nearest point of the extension and 280 metres from the temporary construction access The occupiers of this property object to the application on the grounds of noise fire risk and removal of the existing landscaped bund

7102There is existing screen planting outside of the application site opposite this bungalow which clearly will remain This will help to mitigate against any visual impact The extension would be to the north of the bungalow and there would be thus no overbearing impact or loss of light

Development Control Committee 61 of 100 Date printed 9 November 2011

7103Environmental Health have been consulted and they have advised that they have not received any complaints about noise from the operation of the warehouse in the past They are satisfied that with the imposition of similar conditions to those imposed on the permission for the original warehouse and additional conditions it will be possible to ensure that noise is kept to an acceptable level

711 Archaeology

7111The County Archaeologist has advised that there is little to no potential for there to be surviving archaeological deposits

712 Contamination

7121Environmental Health have advised that the site is within 250 m of an operational landfill site and waste processing facility but that the waste that is disposed is inert and should not generate significant quantities of landfill gases They however recommend the imposition of an informative to draw the applicantrsquos attention to this

713 Drainage

7131The site is located within Floodzone 1 which has the lowest risk of flooding A Flood Risk Assessment was however submitted with the application as the site area exceeds 1 hectare The management of surface water is the most significant issue in relation to the potential risk of flooding There is currently a balancing pond on the site and surface water discharges into the public sewer at the west of the site The Environment Agency advised that confirmation of the allowable discharges needed to be sought from Anglian Water and also that more detailed modelling and calculations needed to be submitted The applicant provided this information and the Environment Agency have confirmed that they have no objection to the proposal subject to the imposition of the condition which is recommended

714 S106 Contributions and related matters

7141The development is of a size which generates a need for social and community infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7142In considering whether contributions are justified and can be sought Members must have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

Members also need to be mindful that the current basis for seeking contributions is the Councilrsquos SPD in relation to developer contributions

Development Control Committee 62 of 100 Date printed 9 November 2011

7143It is very unusual to agree to the removal of an existing landscaped bund that was put in place to protect the visual amenity of the area and has despite its poor quality become a suitable habitat for birds It is on this basis that an ecological mitigation contribution has been sought The Wildlife Trust have provided a schedule of works that they need to undertake to the Titchmarsh Nature Reserve and suggested that these would cost pound38500 Whilst the developer has confirmed agreement to payment of a contribution to cover the schedule of works they have asked that this be specified as a maximum sum in the S106 Agreement and that tenders should be sought for the work This would be acceptable and wording to this effect can be included within the S106 Agreement

7144In addition the developer has agreed to provide a bus stop and shelter and extend the footpath for 20 metres These matters can be dealt with by the imposition of a suitably worded condition rather than through a S106 Agreement

7145At pre-application stage the developer gave a presentation to Members about their proposal At this the possibility of extending the footpath around the tight bend in Ran Way was raised The developer however has advised that unless the Local Highway Authority consider that they could make a case for the provision of this then they are not prepared to extend the footpath any more than the 20 metres that has been agreed Discussions have been held with the Local Highway Authority however they do not consider that there would be any justification for seeking any further extension to the footpath ( They have advised that it is likely that this would cost in the region of pound160 per linear metre)

8 Other Issues

81 Crime and Disorder ndash No issues emerge

82 Access for Disabled ndash Any issues can be dealt with under building regulations

83 Fire hazard - The neighbour has expressed concern that the extension would be a fire hazard Building regulations consider the proximity of works to site boundaries and would ensure that there would not be a fire hazard from the extension

9 Recommendation

91 That permission be GRANTED

10 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Prior to the commencement of development details of the wall cladding including its colour shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with these approved details

Reason In the interest of visual amenity

3 The extension shall achieve the BREEAM Code very good and shall not be occupied until a certificate has been issued for it certifying that this standard has been achieved

Reason To ensure the sustainable construction of the extension in accordance with Policy 14 in the North Northamptonshire Core Spatial Strategy

Development Control Committee 63 of 100 Date printed 9 November 2011

4 All foul sewage or trade effluent including cooling water containing chemical additives or vehicle washing water including steam cleaning effluent shall be discharged to the foul sewer

Reason To prevent pollution of the water environment

5 All fuel oil or chemical storage tanks buildings ancillary handling facilities and equipment including pumps and valves shall be contained within an impervious bunded area of at least 110 of the tank capacity designed and constructed to the satisfaction of the local planning authority

Reason To prevent pollution of the water environment

6 All drums and small containers used for oil and other chemicals shall be stored in bunded areas which do not drain to any watercourse surface water sewer or soakaway

Reason To prevent pollution of the water environment

7 Vehicle loading or unloading bays and storage areas involving chemicals refuse or other polluting matter shall not be connected to the surface water drainage system

Reason To prevent pollution of the water environment

8 Surface water from impermeable vehicle parking areas and service areas shall be passed through a storm bypass oil interceptor It must be designed to receive flows up to 50mmhour from the connected area with all flows up to 5mmhour rainfall passing through the interceptor and receiving minimum 6 minutes retention in each interception chamber

Reason To prevent pollution of the water environment

9 Before any work is commenced on the development hereby permitted full details of all proposed floodlighting installations and including a supporting lighting engineers report justifying the installations shall have been submitted to and approved by the local planning authority The development shall thereafter be carried out in accordance with the details so approved

Reason To ensure a satisfactory standard of development which does not adversely affect the amenity of the area

10The means of illumination shall be so screened such that it does not cause glare to drivers on the adjoining highway or to the occupants of adjoining residential properties

Reason In the interest of highway safety and residential amenity

11Noise from activities within the building (measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level (measured at L A90 30 min) by more than 5db (A)

Reason In the interest of residential amenity

12Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

Reason In the interest of residential amenity

13During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours

Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays Reason In the interest of residential amenity

Development Control Committee 64 of 100 Date printed 9 November 2011

14Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There shall be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

Reason In the interest of residential amenity

15Prior to the commencement of development a site waste management plan shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with this site waste management plan

Reason In the interest of sustainability and to ensure the appropriate disposal of waste

16 The mounds shall be constructed and prepared for planting n accordance with the details shown on drawing reference 127004C ( as amended by the letter from TPM Landscape received on 9 September 2011) in accordance with an implementation schedule to be submitted to and approved by the Local Planning Authority in writing

Reason To ensure that the landscape scheme establishes in the interest of visual amenity

17The Landscape Scheme drawings reference 127005B received on 20 September 2011( as amended by the letter from TPM Landscape received 9 September 2011) shall be implemented in the first planting season following first use of the extension hereby permitted

Reason In the interest of visual amenity

18The proposed development shall not begin until a scheme for the provision implementation ownership and maintenance of the surface water drainage for the site based on sustainable drainage principles has been submitted to and approved in writing by the Local Planning Authority The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storagedisposal of surface water from the site and to the ensure future maintenance of the surface water drainage system

19 All construction traffic shall use the existing HGV access into the site unless( and notwithstanding the submitted details) a scheme which shall illustrate a rural road to the local highway authorityrsquos standard specification and include widening works passing bays footpath provision and works to prevent vehicles turning left when emerging from the site has been implemented Prior to the commencement of any works the scheme for these works shall have been submitted to and approved in writing by the local planning authority This shall include

1 Hard surface materials to form the promoted works throughout Ran Way and Huntingdon Road

2 Means of drainage to prevent the unregulated discharge of surface water onto the highway

3 Maximum gradient (1 in 15) from the highway boundary in the positive or negative direction

4 Sufficient parking and turning space shall be provided within the development site for all vehicles attracted thereto

Development Control Committee 65 of 100 Date printed 9 November 2011

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

20 Cantilever Bus Shelters within Huntingdon Road (industrial estate) having a landing and boarding stage with associated flag sign and posts shall be provided prior to the first use of the extension hereby permitted Prior to the commencement of these works a scheme for these shall have been submitted to and approved in writing by the local planning authority Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

21 Development shall be carried out in accordance with the following plans OS Map and Block Location Plan PS00 received 20 September 2011 Existing site survey - TRI-0669-01received 29 July 2011 Existing site survey - TRI-0669-04 received 29 July 2011 Existing site plan PS01 received 18 July 2011 Existing site plan sheet 1 of 2 PS03 received 18 July 2011 Existing site plan sheet 2 of 2 PS04 received 18 July 2011 Proposed site plan PS02A received 20 September 2011 Proposed site plan sheet 1 of 2 PS05 received 18 July 2011 Proposed site plan sheet 2 of 2 PS06 received 18 July 2011 Sections Mound 127004C received 20 September 2011 General Arrangement 1of 2 (Mound) 127002A received 20 September 2011 Planting Plan 127005B received 20 September 2011 Existing Floor Plan Sheet 1 of 2 PS07 received 18 July 2011 Existing Floor Plan Sheet 2 of 2 PS08 received 18 July 2011 Proposed Floor Plan Sheet 1 of 2 PS09A received 20 September 2011 Proposed Floor Plan Sheet 2 of 2 PS010A received 20 September 2011 Existing and Proposed Elevations Sheet 1 of 2 PS13A received 20 September 2011 Existing and Proposed Elevations Sheet 2 of 2 PS14A received 20 September 2011 Proposed Dock Leveller Doors PS21A received 20 September 2011 Proposed roof plan sheet 1 of 2 PS11A received 20 September 2011 Proposed roof plan sheet 2 of 2 PS12A received 20 September 2011 Illustrative View 1 PS16 received 18 July 2011 Illustrative View 2 PS17 received 18 July 2011 Illustrative View 3 PS18 received 18 July 2011 Illustrative View 4 PS19 received 18 July 2011 Illustrative View 5 PS20 received 18 July 2011 Proposed Temporary Construction Access PS15 received 18 July 2011 Huntingdon RoadRam lane Off-site highway works RD10453a received 17 October

2011 Off-site Highway Works Ram Lane Bend Widening and Footway extension RD10454

received 17 October 2011 Huntingdon RoadRam lane Off-site highway works RD10453 received 17 October

2011

Development Control Committee 66 of 100 Date printed 9 November 2011

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS4 PPS9 PPG13 PPS23 PPS24 and PPS25the East Midlands Regional Plan policies 1 2 3 11 18 20 21 28 29 30 31 35 39 43 MKSM Northamptonshire SRS Northamptonshire 1 the North Northamptonshire Core Spatial Strategy 2008 policies 1 5 6 8 9 11 13 and 14 Rural North Oundle and Thrapston Plan policies 1 2 4 5 7 11 12 16 and THR4 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development including the economic development benefits of the proposal the impact on the landscape highway issues sustainability of the design the impact on neighbouring amenities contamination drainage and the need for communityinfra-structure contributions The application has been approved as

1 The economic development benefits of the proposals outweigh the impact on the landscape arising from removal of the bund and existing vegetation

2 Whilst the loss of the existing vegetation would have ecological implications mitigation works are proposed to the Titchmarsh Nature Reserve

3 There would not be an adverse impact on the highway network having regard to the proposed off-site highway works

4 The extension would meet the BREEAM standard very good 5 A condition can be imposed to require details of surface water drainage to be

submitted and approved 6 Whilst there is a landfill site nearby the waste that is disposed is inert and would not

effect the proposed development

2 The application site is less than 250m from the boundary of an operational landfill site and waste processing facility which is permitted by the Environment Agency The waste disposed at the landfill is classed as inert and as such should not have the potential to generate significant quantities of landfill gas

The operator of the landfill monitors landfill gas from perimeter boreholes as per the conditions on their environmental permit Results from this monitoring indicates the landfill is not producing gas in sufficient quantities that may pose a risk to the development However the applicant may wish to seek advice from a consultant experienced in these matters to ensure that the development can be delivered safely

3 No works within the existing adopted highway maintainable at public expense may commence without the express written permission of the Highway Authority This planning permission does not give or infer such permission The Highway Authority will only give consent to commence works subject to the completion of an Agreement under Section 278 of the Highways Act 1980 Full engineering drainage street lighting and constructional details will be required to process such an agreement Any details submitted will be subject to a technical and safety audit that may result in changes to the details of the rural route and junction etc required to discharge the relevant condition above

Attention is drawn to the implementation of the Traffic Management Act 2004 where a three month notice period to allocate road space (for works within the highway) is formally given prior to the commencement of works

Development Control Committee 67 of 100 Date printed 9 November 2011

Committee Delegated Report

Printed 26 October 2011

Case Officer Amie Baxter EN1101341FUL

Date received Date valid Overall Expiry Ward Parish 22 August 2011 26 August 2011 21 October 2011 Lyveden Brigstock

Applicant C And D Developments (Northants) Ltd - Mr C Rose

Agent Toby Pateman Architect

Location Land Adjacent Honey Bun Hill Newtown Brigstock Northamptonshire

Proposal Erection of 2 no new dwellings

This application has been brought before the Development Control Committee due to Members showing interest in this site previously and as Brigstock Parish Council have objected to the proposed development

1 Summary of Recommendation

11 That planning permission be GRANTED subject to conditions

2 The Proposal

21 The application seeks planning permission for an amendment to a previously approved scheme for the erection of two dwellings The proposed amendment is to insert a

number of rooflights in the roof slope of both dwellings

22 The proposed roof lights would measure 025 by 035 metres each and it is proposed to add roof lights in the following positions

Unit One (to the eastern side of the site) bull Two roof lights in the east (rear) roof slope bull Three roof lights in the west elevation (front)

Unit Two (to the northern side of the site) bull Two roof lights in the west (front) elevation bull Four roof lights in the east (rear) elevation bull One roof light in the south (side) elevation

23 The roof lights are proposed to allow the conversion of the roof space in both dwellings Planning permission is not required to convert the loft into habitable space

24 The two dwellings have been partially constructed in line with a previously approved application

3 Site and Surroundings

31 The site is positioned to the north side of Stanion Road on the western edge of Brigstock

Development Control Committee 68 of 100 Date printed 9 November 2011

32 To the north west of the site is a development of modern bungalows known as Swan Avenue and to the north east is Honey Bun Hill a detached bungalow sited at the top northern end of Newtown The application site abuts the southern garden boundary of Honey Bun Hill

33 Newtown is a narrow unmade private road which serves to access a row of terraced houses on its western side and a number of individual detached houses which have been developed in a piecemeal fashion The side garden boundary of 17 Newtown forms the southern boundary with the application site

34 Beyond the application site to the north is open countryside

35 The application site is accessed from Stanion Road via a long narrow track which runs adjacent to the garden boundaries of 16 and 18 Stanion Road The access runs to the west of a rectangular plot of land to the rear of the terrace row in Newtown (1 to 17 Newtown) This land is commonly referred to as the lsquopump stationrsquo site and has planning permission for two dwellings using the same access as the application site (EN0200802FUL and EN 0200318FUL)

36 The site slopes upwards from Stanion Road towards the northern boundary

37 The north west boundary of the site is marked by a close board fence a public footpath and a row of leylandii trees A close board fence runs around the property known as Honey Bun Hill and the southern boundary is comprised of a mix of leylandii and native hedging

38 The character of the area is residential composed of a range of dwelling styles with no one type dominating

39 Brigstock Conservation Area is some distance to the east of the application site

4 Policy Considerations

4 1 National Policy PPS1 ndash Delivering Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 East Midlands Regional Plan (RSS8) On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 13b ndash Housing Provision (Northamptonshire) Policy 14 ndash Regional Priorities for Affordable Housing Policy 17 ndash Regional Priorities for Managing the Release of Land for Housing Policy 48 ndash Regional Car Parking Standards Policy MKSM SRS Northamptonshire 1 Policy MKSM SRS Northamptonshire 2

Development Control Committee 69 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements

Policy 7 ndash Delivering Housing Policy 9 - Distribution and Location of Development

Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficient and Sustainable Construction

Policy 15 - Sustainable Housing Provision

44 Other Relevant Policy Three Towns Preferred Options document The Highway Authority Standing Advice for Planning Authorities Document July 2008 Planning Out Crime SPD ENC Developer Contributions SPD

5 Relevant Planning History

51 0602201OUT ndash Outline for residential development ndash Granted under delegated powers by 16 February 2007

52 0700827FUL- Two detached dwellings This application was refused under delegated powers but later allowed on appeal

53 0801134FUL- Residential development ndash Refused under delegated powers on 27 Aug 2008

54 0900116FUL- Residential development of 6 new dwellings Resubmission of EN0801134FUL Permitted by the Development Control Committee on 25032009

55 0800395FUL- Erection of two detached dwellings swimming pools access and other associated works Permitted by the Development Control Committee on 04062008

56 1000341FUL- Erection of two detached dwellings - amendment to EN0800395FUL) Permitted by Development Control Committee on 080910

6 Consultations and Representations

61 Neighbours No comments received

62 Brigstock Parish Council ndash Object on the following grounds bull The design of the proposed dwellings is overpowering especially considering the sitersquos

elevated position The design is also very urban which is out of character with the village location The design would not mellow with age

bull The scale of the dwellings is wrong bull The right of way to Swan Close has been blocked off to allow an extension to the

garden of the dwelling on the neighbouring site (currently under construction) This is a symptom of overdevelopment

63 Highways Authority No objection

64 Ramblers Association No comments to make

7 Evaluation

71 The main considerations in the determination of this proposal are the principle of development design and visual impact and impact on neighbouring properties

Development Control Committee 70 of 100 Date printed 9 November 2011

72 Principle of development

721 The principle of development for two dwellings on this site was established by the previous application (1000341FUL) permitted at Development Control Committee on 08092010 The relevant national and local policy has not changed since the previous application was approved and therefore officers have no reason to alter their view of the proposed development

722 As the only difference between the previously approved scheme and the one put forward with this application is the insertion of a number of velux roof lights only the impact of the roof lights needs to be considered

723 It should also be borne in mind that the occupiers of the two dwellings could add roof lights without the need for planning permission once the dwellings are built

724 Not all of the previously approved conditions are recommended as part of this report to save duplication of the previous permission where it is clear that the dwelling has already been built in accordance with the previously approved plans

73 Design and Visual Impact 731 The design and visual impact of the two dwellings was considered during the previously

approved application and was found by members to be appropriate The comments from Brigstock Parish Council are noted but given that they make no specific comments regarding the proposed roof lights and as the two dwellings have already been approved their comments are not relevant to this proposal

732 Given the elevated positioning of the plot the roof of each of the proposed dwellings would be visible from outside the site However as the proposed roof lights would be small and positioned in line with the angle of the roof the roof lights would not be overly dominant in a visual sense

74 Effect on neighbours 741 Given the nature of the proposed development and as no additional bulk would be

introduced there would be no overbearing impact or additional overshadowing on neighbouring occupiers

742 A condition is recommended to ensure that the roof lights are inserted with a minimum cill height of 16 metres to avoid any additional overlooking

80 Other Issues 81 None relevant

9 Conclusion

91 In recommending this application for approval the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application is recommended for approval as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 71 of 100 Date printed 9 November 2011

10 Recommendation

101 It is recommended that the application be GRANTED subject to the following conditions

11 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Before commencement of the development hereby permitted details of the provision of screening to all boundaries of the site shall be submitted to and be approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erected and shall include details of boundary screening along the northern boundary which shall be erected in a manner which would provide privacy for the occupiers of Honey Bun Hill This boundary screening shall then be provided in accordance with the details so approved before the building is first occupied and shall thereafter be retained in perpetuity

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

3 Pedestrian visibility splays of 24m x 24m (20 metre x 20 metre if turning space is available within the site) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) no windowsdormer windows other than those expressly authorised by this permission shall be constructed on the side elevations of the proposed dwellings All windows serving bathrooms shall be obscure glazed in a manner which would prevent overlooking and fitted with top hung casements which are incapable of being opened further than 100mm

Reason To protect the residential amenity of neighbouring occupiers

5 No development shall take place until there has been submitted to and be approved in writing by the Local Planning Authority a comprehensive scheme of landscaping for the site which shall be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development unless otherwise agreed in writing by the Local Planning Authority The landscaping scheme shall include the retention of the existing trees along the eastern and southern boundary of the application site and those trees shall thereafter be retained unless agreed in writing by the local planning authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

6 All planting seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the building(s) or the completion of the development whichever is the sooner Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 72 of 100 Date printed 9 November 2011

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

7 Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy satisfying the requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy shall be submitted to and be agreed in writing by the Local Planning Authority and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

8 The rooflights hereby approved in the shall be provided at a minimum sill height of 16 metres and shall thereafter be retained in this manner unless otherwise approved in writing by the local planning authority

Reason In the interests of residential amenity

9 The works hereby permitted shall be carried out strictly in accordance with the approved plans (50-09-00 50-09-05 A 04-11-05B 04-11-01B 04-11-02B received on the 22082011 ) unless otherwise agreed in writing by the local planning authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application has been approved as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings

bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 73 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 27 October 2011

Case Officer Anna Lee EN1101447REM

Date received Date valid

Hill 12 September 2011 29 September

Overall Expiry 2011 24 November 20

Ward 11 Fineshade

Parish Easton-on-the-

Applicant Mr P Bee

Agent Mr J Moses

Location 33 Westfields Easton On The Hill Stamford Northamptonshire PE9 3LY

Proposal Reserved matters Development of land ro 31 and 33 Westfields for the provision of 4 dwelling houses with new access road Demolition of current garage and relocation of No33 to allow access road pursuant to application EN0901133OUT dated 31209

The application has been brought to Development Control Committee because the proposal falls outside of the 2010 Scheme of Delegation as it is for more than one residential unit within a Restricted Infill Village and because of the history of the site The original outline planning application EN0901133OUT was approved by committee on 02122009 and a copy of the previous report to committee is appended to this report

1 Summary of Recommendation

11 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and subject to conditions

2 The Proposal

21 Outline planning permission was granted for the construction of four dwellings on the site with all matters reserved under reference EN0901133OUT This application seeks reserved matter approval for access layout scale appearance and landscaping etc

22 The proposal is for four detached two storey dwellings comprising of one three bedroom property two four bedroom properties and one five bedroom property Three of the dwellings would have garages (plots 1 2 and 3) and a separate detached garage is proposed to serve the existing property no33 Westfields A new access road is proposed off Westfields to serve the proposed new dwellings and the existing property

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary The property benefits from a detached garage located on the side of the main house It is proposed that this garage would be demolished in order to provide space for the proposed new access road

Development Control Committee 74 of 100 Date printed 9 November 2011

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

34 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 ndash Biodiversity and Geological Conservation PPG13 ndash Transport PPS24 ndash Planning and Pollution Control PPG24 ndash Planning and Noise

42 East Midlands Regional Plan March 2009 On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 45 ndash Regional Approach to Traffic Growth Reduction Policy 48 ndash Regional Car Parking Standards

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution amp Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan (RNOTP) 2011 Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 6 ndash Residential Parking Standards

45 Supplementary Planning Guidance Planning Out Crime in Northamptonshire Feb 2004

46 Supplementary Planning Document Design SPD March 2009

47 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Development Control Committee 75 of 100 Date printed 9 November 2011

5 Relevant Planning History

51 Planning permission has been granted for other residential development on land to the east of the site A residential scheme comprising 10 affordable housing units was granted on the land to the rear of nos 9 to 21 Westfields under reference EN0800284FUL on 11062008 This scheme has been built and is now known as lsquoThe Bramblesrsquo

52 More recently Development Control Committee came to a resolution on 14042011 to grant planning permission for the construction of eight dwellings on land rear of nos 28 30 And 32 Western Avenue under reference EN1001183OUT This application is currently pending a legal agreement

6 Consultations and Representations

61 Neighbours Any comments received will be added to the committee updates

62 Easton on the Hill Parish Council Any comments received from the parish council will be added to the committee updates

63 Crime Prevention Officer (Northamptonshire Police) no objection The officer recommends that conditions be imposed to require (1) the submission of lighting details (2) boundary screening details and (3) details to ensure that the windows and doors of the new dwellings are fitted to secure standards

64 Environmental Protection Officer no objection However conditions are recommended (1) to control the demolition construction and delivery hours (limited to Monday to Friday 0800am to 1800pm Saturday 0830am to 1300pm and at no time on Sundays or bank holidays) (2) details of how dust would be controlled particularly during the demolition works (3) and an informative to advise that any asbestos found during demolition should be removed in a safe manner and be disposed of to an appropriately permitted facility

65 Site notice posted no other representations received

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 The principle of residential development at the rear of the properties along Westfields and Western Avenue has been established by the 10 affordable housing units built at the rear of numbers 9 to 21 Westfields (granted under reference EN0800284FUL) and another development of eight dwellings has been recently granted at land rear of 28 30 And 32 Western Avenue (under reference EN1001183OUT)

722 The principle of residential development on this site was established by the original outline planning permission EN0901133OUT The site was considered suitable for residential development because it lies within the built up part of Easton on the Hill and lies close to existing residential development and other local services Therefore only the following details are relevant to this reserved matters application access layout scale appearance landscaping parking impact on neighbour amenity and sustainable construction and energy efficiency These are discussed in turn below

Development Control Committee 76 of 100 Date printed 9 November 2011

73 Access

731 The application proposes the construction of a new access road in the position of the existing vehicular entrance so that access could be created off Westfields to serve the proposed new dwellings and the existing property no33 Westfields The local highway authority (NCC) carried out a detailed assessment of the proposed access road during the outline application and was satisfied with the creation of a new access road in the proposed location The proposed access road measuring more than 45 metres in width for the first 10 metres back from the highway boundary would allow sufficient room for vehicles to pass without conflict and would meet the NCC requirements for a shared access NCC has previously recommended that pedestrian visibility splays measuring 20 metres by 20 metres and vehicular visibility splays measuring 430 metres by 430 metres be provided on both sides of the vehicular access The agent has been requested to provide further drawings to clearly show these visibility splays Therefore providing satisfactory drawings are received to show these details the proposal would comply with NCC highway requirements

732 NCC have been consulted on this reserved matters application and the highway officerrsquos comments on the design and layout of the proposed new vehicular entrance and access road will be added to the committee update sheet

74 Layout

741 The proposed dwellings would be positioned to follow the orientation of the existing surrounding dwellings (along Westfields Western Avenue and The Crescent) and are arranged so that they would face onto an enclosure formed by the proposed access road and the front gardens of the proposed dwellings Each property would have a private driveway served off the access road and these would lead to a garage proposed for three of the properties (plots 1 2 and 3) The rear garden of the proposed dwellings would lsquoback-onrsquo to the rear gardens of the existing surrounding properties The rear gardens proposed for the dwellings each measuring approximately 13 metres by 10 metres in area would provide sufficient private amenity space to serve the future occupiers of the proposed dwellings As mentioned in the original outline application given the fact that the gardens of the existing surrounding properties all vary in layout and sizes and with some being similar in size than those proposed in this development the gardens proposed for the new dwellings would be acceptable

75 Scale and Appearance

751 As the area is characterised by two-storey houses condition 5 was imposed on the outline planning application to require that the proposed dwellings be limited to a maximum height of two storeys although it would be possible for the dwellings to have rooms in the roof Plots 2 3 and 4 are all two-storey properties with no rooms in the roof Whilst plot 1 is designed slightly taller than the other proposed dwellings and has two rooms in the roof this property would have the appearance of a two-storey property This is because this dwelling is designed with low eaves (measuring 50 metres) a low ridge (measuring 99 metres) and would not have any windows in the roof Therefore the proposed development would be in-keeping with the scale of the surrounding development

752 In terms of appearance the proposed dwellings are designed to look similar to each other but with also slight variations The buildings are designed with lean-to facing roofs small front porches (for plots 1 3 and 4) a two storey gable end on one plot (plot 2) and with the exteriors half covered in render and half in brickwork The overall design of the properties would generally be in-keeping with the existing surrounding houses and providing suitable materials are used in the construction of the properties the scheme would add an interesting and modern variation to the area

Development Control Committee 77 of 100 Date printed 9 November 2011

76 Landscaping

761 The submitted lsquoproposed landscape layoutrsquo drawing (drawing number JWMPB022) shows that the existing hedges and shrubs along the east and southwest boundaries of the site would be retained and new trees would be planted within the front and rear gardens of the proposed dwellings Also low level shrubs are proposed to be planted along the western boundary adjacent to the proposed access road and within the garden of no33 Westfields These proposals would help to enhance the landscaping within the development as well the appearance of the surrounding area

762 In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the boundaries of the site and within the neighbouring gardens conditions requiring the submission of tree protection details and an arboricultural method statement were recommended on the outline planning permission Therefore it would not be necessary to repeat these conditions should the council decide to grant the reserved matters application

77 Parking

771 Policy 6 of the RNOTP states that an average maximum residential parking standard of two spaces per dwelling will apply for the plan area In accordance with the requirement of this policy there would be room for parking of at least two vehicles within the curtilage of each of proposed dwelling There is room for parking along the driveways proposed at the side of plots 1 2 and 3 and in front of plot 4 and also within the garages proposed to serve plots 1 2 and 3 Also a double garage and parking area is proposed at the rear of no33 Westfields and this would provide sufficient parking for the existing property

78 Neighbour Amenity

781 The proposed dwellings at a distance of over 30 metres would be sufficiently positioned away from the residential properties to the north at Westfields and to the west at The Crescent (in particular numbers 29 31 and 33 Westfields and numbers 1 3 5 17 19 21 23 The Crescent) The new garage proposed for no33 Westfields and plots 1 and 2 would be positioned close to the outbuilding located within the rear garden of no31 Westfields However given that the neighbouring building is only used for storage there would be no undue harm on the neighbouring occupiers

782 Plots 3 and 4 would be positioned between 25 to 30 metres away from the neighbouring properties to the south (numbers 38 36 and 34 Western Avenue) There would be no significant overbearing overshadowing or overlooking impact on these properties due to this distance Furthermore no windows are proposed in the south side of plot 3 However in the interest of preventing overlooking on the neighbouring garden of no38 Western Avenue and plot 4 in the future a condition is recommended to require that no new windows be created in the south side of plot 3 in the future

783 Plot 4 would be positioned 15 metres away from no32 Western Avenue Due to this distance and the fact that the proposed dwelling would be positioned at an angle away from the neighbouring property on the northern side it would be extremely difficult to justify a refusal of planning permission on the basis of overbearing or overshadowing on this neighbouring property A toilet window is proposed at the first floor of plot 4 on the side closest to no32 Western Avenue Providing it be conditioned that this window is fitted with obscure glazing this would help to prevent overlooking on the neighbouring property

Development Control Committee 78 of 100 Date printed 9 November 2011

784 The submitted landscaping plans do not clearly show the treatments proposed along the boundaries to the surrounding properties Whilst the submitted plans identifies lsquoexisting mixed hedging and shrubsrsquo along the east and western boundaries it is difficult to establish how high the retained hedge would be and whether this would offer sufficient screening to the surrounding neighbouring gardens and the gardens of the proposed dwellings Also apart from the proposal to retain and plant new trees along the southern boundary of plots 3 and 4 the submitted drawings do not provide details of the boundary treatment proposed for the rear southern boundaries to the properties along Western Avenue Therefore in the interest of safeguarding the privacy of the existing surrounding occupiers and the future occupiers of the proposed dwellings conditions are recommended to require the submission of further boundary treatment details for approval before commencement of development

785 Low level shrubs and an open 1 metre high picket fence is proposed along the west and southern boundaries of no33 Westfields There are concerns that these would not provide sufficient screening for the rear garden of the existing property Therefore in the interest of safeguarding the privacy and residential amenity of the occupiers at no33 Westfields a condition is recommended to require the submission of further boundary screening details for approval

786 The proposed dwellings are sufficiently positioned away from each other such that there would be no undue overbearing or overshadowing impact between the properties A first floor bedroom window has been proposed in the north side of plot 3 which would directly face onto the front windows of plots 1 and 2 In order to prevent overlooking between the proposed dwellings the agent has been requested to remove the first floor bedroom window proposed in the north side of plot 3 Any amended drawings received will be reported in the committee updates Furthermore a condition is recommended to require that no new openings be created in the north side of plot 3 in the future

787 The conditions recommended by the Environmental Protection Officer to control delivery demolition and construction hours and require the submission of a dust control details would help to safeguard the residential amenity of the surrounding occupiers Overall the recommended conditions would help to minimise the impact of the proposal on the surrounding neighbours

79 Sustainable Construction and Energy Efficiency

791 Policy 14 of the NNCSS requires new development to incorporate techniques of sustainable construction provision for waste reduction and recycling and water efficiency and recycling and a condition has been imposed on the outline planning permission which requires the submission of a sustainable strategy before commencement of development (condition 20) The application is accompanied by a document which details the works proposed to be carried out to the individual properties However due to the lack of information provided to demonstrate how the development would meet the requirements of this policy an informative is recommended to remind the applicant about the requirements of condition 20 which has not been satisfied by the information submitted as part of this reserved matters application

8 Other issues

81 Levels ndash Condition 6 of the outline planning permission requires the submission of slab level details at the reserved matters A drawing has been submitted to show the existing and proposed level changes across the site and the levels at which the proposed dwellings and garages would be constructed (drawing number JWMPB024A) Given that the levels within and surrounding the site are relatively consistent the proposed level changes are relatively minor and do not appear to raise any significant issues

Development Control Committee 79 of 100 Date printed 9 November 2011

82 Drainage ndash Condition 9 requires the submission of foul and surface water drainage details These proposals are shown on drawing number JWMPB024A and detailed in the submitted Drainage and Waste Disposal Strategy The applicant has given sufficient consideration to drainage for the purpose of this planning application and the drainage proposals would be further assessed as part of Building Regulations

83 Crime and disorder ndash No33 Westfield and no1 The Crescent would provide natural surveillance for the access road and the proposed dwellings would provide natural surveillance for each other within the development However in the interest of the residential amenity of the future occupants and to reduce opportunities for crime and the fear of crime during the evenings conditions are recommended to require the provision of lighting along the main access road and within the development and that details be submitted to ensure the security of the windows and doors

84 Refuse ndash The submitted plans show that a small area would be provided within the front garden of no33 Westfields for the storage of refuse and recycling bins The agent has been requested to enlarge this area so that sufficient space could be provided for bin storage towards the front of the access This matter would be further discussed in the committee updates and any amendments received will be reported in the committee update sheet

9 Recommendation

91 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and the following conditions

10 ConditionsReasons -

1 Prior to the commencement of the development hereby permitted details and a sample of the proposed facing brick(s) and roof tile(s) to be used for the construction of the dwellings and garages hereby permitted shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

2 Prior to the commencement of the development hereby permitted details of the colour and finish details of the render to be used on the exterior of the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order) no windows or other form of opening shall be inserted in the south and north facing elevations of plot 3 hereby permitted

Reason To ensure adequate standards of privacy for neighbours and occupiers

4 Before plot 4 hereby permitted is first brought into occupation the first floor en-suite window in the south facing elevation shall be fitted with obscured glazing to a minimum level of obscurity to conform to Pilkington Glass level 3 or equivalent and this obscure glazing shall thereafter be retained permanently

Reason To ensure adequate standards of privacy for neighbours and occupiers

Development Control Committee 80 of 100 Date printed 9 November 2011

5 Notwithstanding the submitted details and prior to the commencement of the development hereby permitted details of the provision of screening to the eastern western and southern boundaries of the site (to the properties along Western Avenue and The Crescent) shall be submitted to and approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erectedretained This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

6 Notwithstanding the details shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) alternative boundary treatment for the west and southern boundaries of no33 Westfields shall be submitted to and approved in writing by the Local Planning Authority This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings hereby approved and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

7 The planting seeding and turfing proposals shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) and any subsequent planting proposals approved in writing by the Local Planning Authority under conditions 5 and 6 above shall be implemented in the first planting season following the first occupation of plots 1 2 3 and 4 unless otherwise agreed in writing by the Local Planning Authority Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

8 Prior to the first occupation of the dwellings hereby permitted the vehicular accesses to the public highway and parking facilities shown on the submitted plans to serve the development shall have been completed and brought into use and be thereafter retained unless otherwise agreed in writing by the local planning authority

Reason In the interest of highway safety

9 Deliveries demolition or construction works shall be not be carried out except between the hours of 0800am -1800pm Mondays to Fridays 0830am ndash 1300pm on Saturdays and at no time on Sundays or Bank Holidays unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of residential amenity

10Prior to the commencement of any demolition work or other development on the site a method statement for the control of dust during demolition and construction shall be submitted to and approved in writing by the Local Planning Authority The works shall thereafter be implemented in accordance with the scheme so approved unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 81 of 100 Date printed 9 November 2011

Reason In the interests of residential amenity the orderly development of the site and to protect the environment

11Details of a scheme of lighting for the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development This shall include full details of the type of lighting number exact location and level and type of illumination The scheme shall thereafter be implemented in accordance with the details so approved prior to the first occupation of the dwellings unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

12A scheme to ensure the security of all of the ground floor doors and windows and easily accessible first floor doors and windows of the dwellings hereby approved including details of any secure standards shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be carried out in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

13 The development hereby permitted shall be carried out strictly in accordance with the approved plans plans received by the Local Planning Authority on 12 September 2011 drawing numbersJWMWH025 JWMPB02B JWMPB021 JWMPB22 JWMWH016 JWMWH017 JWMWH015 JWMPB010 JWMPB009 JWMPB011 JWMPB005 JWMWH008 JWMPB002 JWMPB001 JWMWH003 JWMWH004 and drawing numbers JWMPB006A and JWMPB024A received by the Local Planning Authority on 29 September 2011 unless otherwise agreed in writing by the Local Planning Authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 The additional information to which this decision relates is as follows Information received by the Local Planning Authority on 12 September 2011

lsquoSpecification for Works To Be Carried Outrsquo and Tree Survey

2 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 PPS9 PPG13 PPS23 and PPG24 Policies 1 2 3 45 48 of the East Midlands Regional Plan 2009 Policies 1 9 10 13 and 14 of the North Northamptonshire Core Spatial Strategy 2008 Policies 1 and 6 of the Rural North Oundle and Thrapston Plan 2011 Design SPD 2009 Planning Out Crime in Northamptonshire 2004 and Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of development accesshighway impact layout scale appearance landscaping parking impact on neighbouring amenities and sustainable construction

Development Control Committee 82 of 100 Date printed 9 November 2011

------------------------------------------------------------------------------------------------------------------------

The application has been approved as

1 The principle of the development is acceptable and is consistent with the development plan and guidance contained in national planning policies

2 The proposal would not harm visual amenity or the character and appearance of the area

3 The proposal would not have any significant access issues or an unacceptable impact on the local highway

4 The proposed layout scale appearance and landscaping proposals are acceptable 5 The proposal would not result in an unacceptable loss or harm to trees 6 The proposal would not have a significant impact on the amenities of neighbouring

occupiers or the amenity of the area 7 The proposal would meet the sustainable construction and energy efficiency

standards

A full report is available on the Councilrsquos website wwweast-northamptonshiregovuk

3 The applicant is advised that any materials containing asbestos should be safely removed and disposed off to an appropriately licensed waste management facility

4 Unfortunately the information submitted as part of this reserved matters application does not address condition 20 of outline planning permission number EN0901133OUT The applicantrsquos attention is drawn to the requirements of this condition

5 Please note that an application to discharge the above conditions will be required Please ensure that you allow sufficient time for your application to be determined prior to implementing your permission An approximate timescale of 8 weeks is required For full details please visit httpwwweast-northamptonshiregovukconditions

APPENDIX 1 Report to Development Control Committee 02122009 ------------------------------------------------------------------------------------------------------------------------

The application has been brought to Development Control Committee in accordance with the 2006 scheme of delegation as the proposal relates to more than one residential unit within a Restricted Infill Village (formerly classified by policy H10 of the local plan) In addition the Parish Council has objected on grounds that the access to the development would be dangerous

1 Summary of Recommendation

11 That permission be GRANTED subject to conditions

2 The Proposal

21The application seeks outline planning permission for the erection of four dwellings on the site All matters including access siting external appearance landscaping etc are reserved

22 Whilst all matters are reserved the submitted Design and Access Statement explains that the existing access which serves No33 Westfields would be widened and used to the serve the development and the garage located to the side of No33 Westfields would be demolished to accommodate the new vehicular access route These proposals are shown on the submitted indicative layout drawings

Development Control Committee 83 of 100 Date printed 9 November 2011

23 In addition the submitted Statement confirms that the dwellings will be for market housing and the housing mix is of a mixture of three four and five bedroom properties as the submitted statement states ldquoThe floor area of the dwellings will range from 1300 sqft giving a total of approximately 546m2 (5869sqft) and be 1 No 3 bed 2 No 4 bed and 1 No5 bed homesrdquo The Statement also advises that ldquoIt is intended that these would be of ground and first floor construction with some possibility of utilising the roof spacerdquo

24 The maximum scale parameters have been confirmed by the agent in an email dated 26102009 as follows

Plot 1 maximum width 9 metres maximum length 9 metres maximum height 10 metres to the ridge and 55 metres to the eaves

Plot 2 maximum width 10 metres maximum length 10 metres maximum length 10 metres maximum height to the ridge 95 metres and 55 metres to the eaves

Plot 3 maximum width 85 metres maximum length 9 metres maximum height to the ridge 9 metres and 55 metres to the eaves

Plot 4 maximum width 8 metres maximum length 8 metres maximum height to the ridge 85 metres and 55 metres to the eaves

25 An amended drawing was received on 16th September 2009 to address the concerns of the Local Highway Authority (see paragraph 64 below for full details)

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden curtilage by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary and this access currently leads to a detached garage located on the side of the main house

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

32 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

Development Control Committee 84 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Supplementary Planning Guidance Parking SPG March 2003 Planning Out Crime in Northamptonshire Feb 2004

45 Rural North Oundle and Thrapston Plan (emerging policy) The Rural North Oundle and Thrapston Plan went through an examination process in 2008 and 2009 Following this examination on 8 July 2009 the Inspector found the document sound However as yet the Council has not adopted the Plan as a Development Plan Document as such the Council is still treating the document as emerging policy The relevant policies in the RNOTP include

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

46 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008 Design SPD March 2009

5 Relevant Planning History

51 A residential scheme comprising 10 social housing units was granted on the land to the rear of numbers 9 to 21 Westfields under reference EN0800284FUL on 11062008 At the time of the application this site was known as Land between 6 and 16 Porters Lane Access to the site was provided In this application from the front of no15 Westfields

52 Previous applications proposing a bungalow and one or two dwellinghouses on the site were refused under planning reference 660008QTR on 14101966 and 6300067OTR on 05031964 respectively

53 Extensions and alteration have been permitted to the property No33 Westfields and these are listed below

- EN0000893FUL Detached double garage (revised scheme) Permitted 06122000

- EN0000091FUL Two storey rear extension and detached double garage Permitted 06042000

54 Extensions and alterations have also been permitted to no31 Westfields and these are listed below - EN9900406FUL Single storey rear extension Permitted 05081999

6 Consultations and Representations

61 Neighbours 18 neighbour letters received and the contents are summarised below

2 Baxters Lane Objection The neighbour considers the road to be busy and narrow with cars parked along on the road and on the grass The neighbour comments that ldquoThe area is densely populated On top of this is the only access to the Cricket ground and playing fields as well as serving the only village shoprdquo The neighbour is concerned that as the affordable housing scheme has yet to be implemented the development

Development Control Committee 85 of 100 Date printed 9 November 2011

would further increase traffic damage trade to the shop and increase the risk of accidents ldquoespecially the children of the village who use this only route to the playing fieldsrdquo

33 Church Street Objection The neighbour is concerned about road safety The existing site is considered to be on already dangerous corner and that the development would add permanently to this hazard

51 West Street Objection The neighbour is concerned about the proposed access The proposed access is considered to be too narrow and in itself a hazard In addition the corner of the site adjoins a lane which provides access for farm vehicles to the fields and access for pedestrians attending the cricket club and playing field further down the lane ldquoThe corner junction also provides access to the allotments and is used as a turning point by those frequenting the Post Office at the bottom of Westfieldsrdquo The neighbour is also concerned about parking as Westfields is often parked with vehicles at peak times and considers the situation to worsen once the scheme already granted for the 10 dwellings further along the road is complete The neighbour considers that a traffic survey taken in the morning and also late afternoon may better reflect the activity of the local area

1 Westfields Objection The neighbour feels that the area is already overdeveloped The neighbour advises that there is already traffic in the area from the rest of the village using the post office and shop and there are large farm vehicles using the road to get to the land west of the village where large vehicles have problems passing because of the parked cars The neighbour considers the main issue to be the entranceexit road on the corner of The CrescentWestfields which appears very dangerous and vehicles travel quite quickly at times

23 Westfields Objection In addition to the concern of increased traffic problems the neighbour is concerned about the increase in strain to their sewerage system and water supply as the area is experiencing a low water pressure problem

38 Westfields Objection on grounds that the road would exit onto a very busy and dangerous corner ldquoThere cars parked on the corner on both sides add to this that on a sunny day when you come from the Cresent direction the sun shines in your eyes and it is very difficult to see traffic coming up Westfields ndash mostly on the wrong side of the roadrdquo

40 Westfields Objection due to loss of privacy to neighbours and due to the development being a cramped form of development The neighbour is concerned that the development is situated on a busy corner which in itself would be dangerous and will impact seriously on parking by existing residents and also increase traffic especially during development

42 Westfields Objection The occupants have lived in Westfields from when the first homes were built The neighbour feels that the houses will be too crammed into the garden space of the two properties There are concerns about parking as few homes have off-road parking and there are many vehicles parked on the roadside The neighbour comments that ldquoThe Crescent and the entrance to the Drift I believe this to already be a road safety hazard and would like to see speed ramps in use Extra traffic four homes could mean at least 8 extra vehicles trying to pull out onto Westfields at this point would create hazards for traffic using using Westfields as a link in either directionrdquo In addition to road traffic the neighbour is concerned about the safety of pedestrians and local school children

Development Control Committee 86 of 100 Date printed 9 November 2011

44 Westfields Objection It is believed that this proposal would cause numerous problems to local residents including the loss of privacy and a cramped form of development The neighbourrsquos major concern is that the proposed entranceexit to this development is to be situated on a busy corner in which the neighbour considers dangerous and will impact on parking by existing residents and increase traffic especially during development

46 Westfields Objection ldquoThe main basis for this Objection is the impact this proposal will have on traffic flows and road safety along with the assertion by the proponent of the scheme that Easton on the Hill is a lsquoSustainable Communityrsquordquo The other concerns are summarised below

bull Traffic ndash The neighbour notes that a Traffic Audit has been submitted to provide some information on the current traffic flows along Westfields However the neighbour comments that this was conducted over one weekday and only between the hours of 10am and 2pm ldquoThe traffic survey did not cover commuter traffic ie those people driving to and from work and did not cover any weekend period at allrdquo The neighbour requests the Council to consider whether this survey is adequate to inform decision making

bull The cumulative impact from the proposed development with other developments in the vicinity on traffic and road safety

bull The proximity of the proposed access to the road bend and reduced visibility for drivers The development increases the risk of accidents to other road users and pedestrians in particular school children and young people

bull No33 currently has two entrances which they can use The parking of vehicles outside would obstruct both entrances

bull The neighbour is concerned that public parking would be restricted along this stretch of Westfields ie by the imposition of double yellow lines and considers this to be detrimental to the other residents and visitors

bull The neighbour considers the idea of lsquosustainable communityrsquo to be questionable as the new residents of the development will also use cars

bull The neighbour refers to Policy 2 of the RNOTP and questions whether the existing local services ie shops and schools would cope with the extra demand

bull The proposal increases the density of dwellings on the same area of land

48 Westfields Concerns are raised about the highway impact of the development ldquoAlready traffic comes down from The Crescent onto Westfieldrsquos (which is quite a sharp corner) as far too fast a speedrdquo and the damage caused to parking cars by the moving traffic The neighbour advises that the playing field already generate a lot of traffic In addition the neighbour is concerned about sewerage problems

3 The Crescent The neighbour advises that there is already a parking problem in the area where the roads are congested The submitted Traffic Survery does not take into account the busiest times of the day and pedestrian movement Concerns are raised on how emergency services will access the properties In addition the neighbour comments that there are already vacant houses for purchase in the recent development on Porters Lane and the submitted plans do not identify this development The submitted pictures shows no cars parked opposite the entrance and regularly there are at least 3 cars parked

16 The Crescent Objection Concerns raised on traffic from the farm The Close Western Avenue and Porters Lane and the danger on children who play in the area in the evenings

Development Control Committee 87 of 100 Date printed 9 November 2011

22 The Crescent Objection Concerns raised on traffic from local residents cricket club football field local shops and allotments and that the development would further increase traffic volume and harm local safety The access would adjoin onto Westfields at a corner which is currently unsafe and would increase the likelihood of accidents In the winter months the road is not gritted there have been accidents in the past and the proposed access road would increase danger to local residents

23 The Crescent no objection providing the houses are as stated in the application of two storey (ground and first floor) houses and not three storey town houses objection otherwise

14 Western Avenue The neighbour comments that the proposed driveway would be close to the road corner and the road corner is also the junction with the access lane to the local playing fields used by pedestrians children sports people and farm vehicles The allotments are also at this junction and there is currently no parking for the allotments These properties are considered to generate 15 cars and the neighbour questions whether this driveway can be considered a reasonable access In addition concerns have been raised on emergency vehicle access rubbish collection ldquoA single driveway would mean congestion on Westfields and The Cresent when a car wants to turn in if one was on the drive waiting to come outrdquo The traffic survey carried out for the times between 10am and 2pm hardly shows average usage ldquoCars that have been to the Post Office at the bottom of Westfields use the junction area as a turning point to go back down Westfields rather than go round The Crescent and Western Avenuerdquo ldquoWould the type of house being built actually be of benefit to the village there are still properties of this type for sale in the development on Porters Lane yet affordable housing for the village is required to either bring families into the village that will use the village school or provide single-storey accommodation for the elderlyrdquo The traffic from the recent development of 10 houses and other local traffic will need to be taken into consideration Parking is already a problem in the area as there is limited off-road parking and Westfields is particularly difficult to drive down because of the on-street parking

34 Western Avenue Objection The reasons are summarised below

bull Visual impact and in particular the spacious and rural appearance of the estate and the development would be a dominant feature

bull The development would be cramped and overdeveloped bull Plot 4 will overlook directly on the neighbours property and garden and affect the

neighbourrsquos view of the lsquorural aspectrsquo bull Loss of privacy ndash There is currently not a row of trees to the neighbouring boundary

Any trees planted would be so close to cause light problems to Plot 4 as this would be on the southern side of the property

bull Loss of light and overbearing from Plot 4 bull Harm to existing trees in particular the proposed driveway would impact on the tree

roots bull The tree canopies shown on the submitted drawing are inaccurate as they spread over

the boundary more significantly The existing vegetation is misinterpreted as trees bull Highway impact ndash The existing roads are narrow and care has to be taken with regard

to parked vehicles and oncoming traffic The submitted traffic survey was taken between 10am and 2pm but the village store and post office open between 7am and 7pm ldquoIn the mornings Porters Lane Western Avenue The Cresent and Westfields is used as a loop to drive to this shoprdquo and the traffic survey has not taken into account the 10 new houses built further down the road ndash estimated at being between 20 and 30 extra vehicles In addition the neighbour refers to the corner where Westfields and The Cresent meet and the traffic issues associated with the football pitch playing fields cricket club farm vehicles and allotments

bull Parking ndash would be a problem within the site there will be insufficient turningmanoeuvring space for vehicles to exit the site

Development Control Committee 88 of 100 Date printed 9 November 2011

bull Refuse ndash there are likely to be refuse problems as refuse lorries will not enter the site and refuse and recycling containers will have to be taken out to Westfields by the future occupiers

36 Western Avenue Objection

bull The access road to the development is situated close to the corner of Westfields and The Cresent and is unsafe and would increase the likelihood of accidents The proposal would intensify the use of the existing access from one to five and the visibility in the west direction is inadequate

bull The development would increase on-street parking where the existing road is narrow and has vehicles parked on both sides

bull Plot 4 would be positioned close to No34 and 36 Western Avenue and would be intrusive ldquoThe plan indicates trees directly behind plot 4 which are none existent only a low hedge existsrdquo

bull The neighbour is also concerned about noise due to the increase of vehicular movements and intensification of use of the site

bull The neighbour considers that the proposal would have an adverse affect on the character and appearance of the area would be a cramped form of backland development and would be over development of the site

bull Concerns have also been raised on the impact on nature conservation loss of wildlife habitat and loss of valuable green space within the estate

62 Parish Town Council objection ldquoon grounds that the access to the development proposal would be dangerousrdquo

63 Northamptonshire Crime Prevention Officer no objections subject to Northamptonshire Police being consulted on the full details during the submission of the Reserved Matters and in particular on the lighting scheme for the site The Crime Prevention Officer advises that Policy 13(b) of the Northamptonshire CSS states that ldquoSeek to Design out antisocial behaviour crime and reduce fear of crime by applying the principles of the Secured by Design Schemersquo and the Planning Out Crime in Northamptonshire SPG should be applied to the consideration of this application In addition the Crime Prevention Officer recommends that the homes should be built to attain the ACPO SBD Ltd ldquoSecured by Designrdquo award

64 Local Highway Authority The Highway Officer initially raised concerns that the visibility splay shown on the submitted drawing for the western side of the access was incorrect as third party ownership may prevent the implementation of the splays An amended drawing was later received to address the Local Highway Authorityrsquos concerns and the Local Highway Authority is now satisfied that sufficient information has been submitted to demonstrate that a vehicular access can be constructed in this location in accordance with the NCCrsquos adopted standards (see below for full details of recommendations)

65 Housing Strategy ldquoHousing Strategy does not support this application as the proposed type of housing will provide larger family dwellings and the need in the area is for smaller properties The provision of two bedroom houses for couples families or two bedroom bungalows for older people would be more appropriate Easton on the Hill has the highest percentage of older people in the District and the majority of these are owner occupiers The provision of bungalows would also mean less traffic congestion which seems to be a concernrdquo

Development Control Committee 89 of 100 Date printed 9 November 2011

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 PPS1 and PPS3 encourage the reuse of previously developed land and bearing in mind the sitersquos location within an existing settlement and a primarily residential area it is considered that the principle of residential development is acceptable

722 Easton on the Hill is classified as a lsquoCategory A Network Villagersquo in the Rural North Oundle and Thrapston Plan where there is scope for windfall development providing the development satisfies other criterias set in Policy 2 in terms of scale siting design has a satisfactory means of access and does not adversely affect the surrounding environment

723 Furthermore the principle of residential development to the rear of the properties along Westfields is already established by the recent development granted for 10 housing units to the rear of Nos9 to 21 Westfields under reference EN0800284FUL on 11062008 Therefore providing the development satisfies all other planning considerations (as listed above) it would be difficult for the Council to resist the development

73 Visual Impact

731 The application is in outline full details of the external appearance of the dwellings including their size positions and layout would be subject to a separate application and would be considered at the Reserved Matter stage

732 Whilst the application is in outline a layout plan has been submitted to provide an indicative illustration of the layout of the development and information has been provided by the agent to confirm the maximum scale parameters of the dwellings

733 In terms of layout it is considered that a housing scheme can be accommodated without detracting from the grain of surrounding development This is given that that the properties along Westfield follow a vertical pattern of development and the properties along The Crescent (to the west of the site) follow a horizontal pattern of development In addition whilst the properties along Westfields (that back onto the site) are located on more spacious plots and have longer and larger rear gardens the gardens of the properties along Western Avenue and some of those along The Crescent have much shorter and smaller gardens Given the surrounding mixture of garden layout and sizes it is considered that the development can potentially be accommodated without resulting detriment to the surrounding pattern of development and can be laid out without appearing too cramped

734 In terms of the height of the development a two-storey house measures approximately 8 metres in height to the ridge and the maximum height specified for the dwellings is between 85 to 10 metres in height The proposal is to have two-storey housing development with second floor accommodation provided in the roof and the maximum eaves height parameters of 50 to 55 metres stated by the agent would reflect this Given that the surrounding development is mainly two-storeys high and the fact that the dwellings would be barely visible from the main road it is considered that there will be no significant visual impact from this proposal

Development Control Committee 90 of 100 Date printed 9 November 2011

735 Based on the submitted information it is considered that the dwellings can be accommodated on this site without resulting harm to the character and appearance of the area A condition to require that the dwellings be two-storeys high and have a maximum ridge height of 100 metres (55 to the eaves) however is recommended in the interests of the character and appearance of the area to preserve neighbour amenity and to ensure that the development is carried out in accordance with the submitted proposals

736 Comments were received from neighbours raising concerns that the development would result in the loss of valuable open green space which lies to the rear of the properties The site currently forms the private rear gardens of Nos31 and 33 Westfields and given that this space is mostly concealed away and is not visible from public viewpoints it is considered that this space does not offer sufficient amenity value and therefore there is insufficient justification for the Council to prevent development on the site

74 Neighbouring Amenity

741 The submitted indicative layout plan demonstrates that the dwellings can be positioned within the site without resulting in an undue overbearing overshadowing or overlooking effect upon the occupiers in the residential properties nearest to the site including numbers 31 and 33 Westfields numbers 1 3 17 19 21 23 The Crescent and numbers 38 36 and 34 and 32 Western Avenue

742 The neighbouring buildings numbers 31 and 33 Westfields are positioned over 20 metres away from the northern boundary of the site Numbers 13 17 19 21 23 The Crescent are positioned approximately 28 metres away from the western boundary of the site and numbers 38 36 and 34 are positioned 20m metres away from the southern boundary of the site Whilst No32 Western Avenue is positioned approximately 14 metres away from the boundary of the application site this neighbouring property and rear garden area are positioned at an oblique angle to the site In addition the building shown south of Plot 3 on the submitted plan is a single-storey garage with openings in the eastern side

743 Whilst the exact positions of the proposed dwellings are unknown in this application for outline planning permission the dwellings are likely to be positioned within the site away from the boundaries and this is likely to further increase the front-to-front or back-to-back distance between the dwellings erected on the site and the existing surrounding houses A front-to-front or back-to-back distance of between 17 and 20 metres is normally sufficient to prevent any significant overlooking overbearing or overshadowing between buildings and would be sufficient in this case given the levels are relatively consistent within the site and with the surrounding properties

744 In terms of the impact on No32 Western Avenue the indicative position of Plot 4 shown on the submitted layout plan would demonstrate that a dwelling can be positioned at a minimum distance of 18 metres away from the rear of No32 Western Avenue Whilst this distance and the oblique angle between the Plot and the neighbouring property is sufficient to prevent undue overlooking and overbearing between the properties this distance can be extended if Plot 4 is positioned further within the site and is a matter than can be considered in the Reserved Matters

745 In terms of the impact on the garage located at the rear of No38 Western Avenue given that this building is single-storey in height no more overshadowing or overbearing impact is likely to result on this building than if 20 metre high fencing is erected along the boundary Furthermore adequate boundary screening would help to preserve the privacy of the neighbourrsquos garden

Development Control Committee 91 of 100 Date printed 9 November 2011

746 All other surrounding dwellings will be positioned further away and will be remain sufficiently physically removed and hence will not be adversely affected

747 Whilst some neighbours along Western Avenue have raised concerns that the boundary screening to the southern boundary of the site are inaccurately shown on the submitted drawing full details of boundary screening a survey of existing trees and landscaping can be requested by condition and this is a matter that can be considered at the Reserved Matters Therefore conditions have been recommended accordingly

748 In addition concerns have been raised by neighbours that the proposed access would result in undue noise disturbance due to increase in vehicular movements and intensification of use of the site The properties located immediately adjacent to the access are No1 The Crescent and No33 Westfields Given that the access is already in use by the occupants at No33 Westfields and the nature of the proposed development (for residential use of four units) it is considered that there are unlikely to be significant noise issues from this proposal and any noise resulting from traffic during development is likely to be temporary

749 Overall the impact on neighbouring amenities is considered insufficient to warrant the refusal of planning permission on this outline planning application

75 Highway Impact

751 Concerns were raised by local residents about the impact of the development upon highway safety The concerns primarily relate to the cumulative impact of the development with the existing traffic and parking associated with the local recreational ground allotments farm track local shop the scheme already approved for the 10 dwellings on the site nearby the location of the access to the bend and the access and turning arrangements to and within the site which were described to be narrow and inadequate In particular surrounding residents were concerned about the safety of pedestrian users including school children

752 Again Members are reminded that precise details of the vehicular access is a matter reserved for consideration as part of the Reserved Matters application all that needs to be considered in this outline application is whether the applicant has satisfactorily demonstrated that a vehicular access can be accommodated within the site to serve the proposed development to the Highway Authority standards

753 The Local Highway Authority (NCC) would usually require a shared access to measure 45 metres to allow emerging drivers to pass without conflict and the indicative layout plan shows that a shared access can be accommodated within the site which meets the NCC standards In addition the Local Highway Authority has advised that in order for an access to be acceptable in the location shown pedestrian visibility splays of 20 metres x 20 metres would need to be provided on both sides of the access and in terms of vehicular visibility splays sight lines of at least 430 metres x 430 metres (measured 20 metres back along the centre line of the proposed junction) would be required

754 Following the Highway Authorityrsquos concerns that the western side of the access had been detailed incorrectly (as this falls outside of the applicantrsquos ownership) revised details have been submitted to show visibility splays which falls within the site boundary In addition the vehicular visibility splay in the westerly directly has been extended to 450 metres to improve visibility in that direction for on-coming vehicles

Development Control Committee 92 of 100 Date printed 9 November 2011

755 Overall the Local Highway Authority has no objections to the proposal and is satisfied that a vehicular access can be provided within the site that would meet the NCC requirements In terms of conditions the Local Highway Authority has requested conditions to require (1) details be submitted to show the surface water side inlet gully relocated and installed a minimum of 10m sideway clearance from the shared vehicular access to point of discharge (2) adequate surface water drainage be provided to prevent the unregulated discharge of water onto the highway (3) that the first 50 metres of the vehicular access be hard surfaced and (4) that the first five metres of the access remains un-gated Such conditions and conditions on visibility are recommended accordingly in the interest of maintaining the safety of pedestrians and the safety of other highway users

756 The Highway Officer has considered the Traffic Survey submitted with the application and has advised that a survey of vehicular movements outside of busy hours is necessary for the collection of data which is intended to monitor the maximum speed of traffic In particular the Officer comments ldquoStopping Sight Distances is determined by the 85tile speed of traffic which determines the minimum distance emerging drivers are required to be available to assist whilst emerging from the shared driveway Noting the horizontal alignment and parked vehicles within the street the submitted data would appear to be appropriate for this particular layoutrdquo To summarise the Officer has taken into account the speed of traffic and the minimum distance necessary for vehicles exiting in this location to see on-coming traffic and noting the parking layout of vehicles along the street the submitted Traffic Survey would appear to be appropriate

757 In addition the Highway Officer was requested to consider whether roadway improvement works would be necessary for the section of road which runs between Westfields and The Crescent On this matter the Highway Officer advised that ldquoWith the proposed development of 4 dwellings I would not anticipate off site accommodation works although the applicant may wish to promote the change of priority to assist with reducing the traffic speed even further This in turn may help with the overall flow of traffic throughout the complete 24hour periodrdquo Overall the Highway Officer does not consider that the proposed development would have an adverse affect on the surrounding roads to the extent that would justify highway improvements and therefore it would appear unreasonable for the Council to request for these improvements This is given the overall scale and nature of the development

758 In terms of parking many of the properties along Westfields have off-road parking provided within the front garden curtilage In addition on-street parking is available in between vehicular access points along the street The proposed development comprising of four detached residential units is likely to generate the need for approximately 8 parking spaces (2 parking spaces per unit) The indicative layout shows single garage parking and driveways which allow parking for two vehicles to serve each property As the indicative layout has demonstrated that approximately 12 off-road parking spaces can be provided to serve the development (3 parking spaces per unit) it is considered that overall the submitted information has demonstrated that sufficient parking can be provided

759 The application site lies approximately 130 metres away from the scheme of 10 residential units granted on land to the rear of Nos9 to 21 Westfields Whilst both developments are located along Westfields they are located some distance away from each other and have different access arrangements Overall it is considered that each development would have to be considered individually in terms of its highway impact and on its own merits

Development Control Committee 93 of 100 Date printed 9 November 2011

7510 Overall it is considered that there will be no significant highway impact from this proposal and the impact on highway safety is insufficient to justify a refusal of planning permission on this application

76 Access for Emergency Vehicles and Refuse Storage and Collection

761 The indicative layout plan shows a shared access which meets the Local Highway Authority standards and this would sufficiently demonstrate that emergency vehicles would be able to gain access to the site

762 In terms of refuse collection the Local Highway Authority had initially commented that they would not wish to see refuse stored at the front of the site that would obstruct the vehicular access or public highway In response to the Local Highway Authorityrsquos concerns the amended drawings now show a section of the first 10 metres of the vehicular access widened to measure 58 metres in width and this would demonstrate that sufficient space can be provided at the front of the site for the storage of bins before collection without resulting obstruction to the access drive or public pavement

763 Due to the distance of the properties to the highway (some 70 metres) this means that the future occupiers would have to move their refuse to the front of the site near Westfields for collection ENC Waste Management would not be able to collect waste directly from the site as the distance recommended by ENC Waste Management for Waste Crews to travel to collect waste must not exceed 25 metres and the recommended distance for residents to travel to use bin stores should not be more than 30 metres Overall it is considered that the proposed refuse collection arrangements would be insufficient to justify the refusal of planning permission on this application

77 Drainage and Sewerage

771 Concerns were raised by some of the surrounding residents that the development would add strain on the existing drainage and sewerage systems and that the area experiences a low pressure problem Building Control and Environmental Protection were consulted on this matter and they have responded as follows

772 Building Control has advised that they were not aware of any drainage issues in the area In terms of the cumulative impact of the development with the development already granted for the 10 units on land to rear of Nos7 to 21 Westfields it is for the developer to liaise with Anglian Water to provide adequate drainage and sewerage facilities to serve the development and this may involve upgradingimproving the existing systems

773 Environmental Protection advises that they have checked through their records relating to drainage in the local area Whilst there have been some problems at individual properties ie where there have been breaks in pipes due to rats and problem with a blocked shared drain works were carried out by Anglian Water and the file was closed in March this year

774 Overall there are no apparent issues that would justify the refusal of planning permission However in order to ensure that satisfactory drainage systems are provided to serve the development a condition to require the submission of drainage details together with the other Reserved Matters details is recommended

78 Housing need in Easton on the Hill and whether existing local services would cope with demand

Development Control Committee 94 of 100 Date printed 9 November 2011

781 Housing Strategy has advised that there are approximately 500 houses in Easton on the Hill of which 82 are deemed affordable (14 are shared ownership and 68 are rented) For a development site of less than 028 hectares it is likely that market housing made up of smaller units would be needed ldquoThe Strategic Housing Market Assessment (SHMA) indicates that the need in the Fineshade Ward is for smaller dwellings which I would interpret as two bedroom properties Fineshade has in fact got one of the highest levels of under occupancy in the District which indicates that there are a lot of larger dwellings in the wardrdquo

782 Whilst the Housing Market Assessment suggests that there is a need for smaller units and Housing Strategy has suggested that bungalows would be a more appropriate type of housing for the local area it is considered that the proposed development comprising of medium sized detached units would be more in-keeping with the layout of housing and tenure found in the local area Overall it is considered that the lack of need for medium sizedlarger units would be insufficient to justify the refusal of planning permission on this application

782 Residents express concern that the development would increase demand on local services The number of dwellings proposed and size of the site falls below the threshold set out in our SPD in respect of developer contributions

79 Impact on nature and conservation

791 Whilst the proposal involves demolition of the existing garage located to the side of No33 Westfields this is a domestic garage that has been in use and therefore there are unlikely to be any bats or birds to be affected

710 Impact on trees

7101 Most of the vegetation bordering the site to the southern eastern and western boundaries consists of a mixture of trees and shrubs In particular a row of conifers lie along the northern part of the western boundary of the site and these are situated within the garden of the neighbouring property No1 The Crescent In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the main boundaries of the site conditions requiring the submission of tree protection details and Arboricultural Method Statement details are recommended

7102 Whilst a few trees can be found located within the site these offer limited amenity value to the wider surrounding area Subject to most of the trees located along the main boundaries of the site being retained and that a landscaping scheme is provided it is considered that this would help to assimilate the development into the surrounding area and help to preserve neighbour amenity

8 Other issues

81 Amenity space -The submitted indicative layout would show that adequate amenity space could be provided to serve the dwellings In addition sufficient amounts of rear garden area would be left for the original properties Nos33 and 31 Westfields

82 Withdrawal of permitted development rights ndash In order to safeguard the amenity of the future occupiers of the dwellings and ensure the dwellings would not be unacceptably altered in the future (particularly in the roof) and to avoid detriment to the character and appearance of the area it is recommended that Class A B and C permitted development rights (relating to extensions and roof alterations) be withdrawn from the properties

Development Control Committee 95 of 100 Date printed 9 November 2011

83 Crime and Disorder - this application does not raise any significant issues as there would be mutual overlooking between the dwellings within the site and surrounding the site A condition however to require details of a scheme of lighting to be submitted is recommended to ensure that the access driveway is appropriately lit in the evenings

84 Access for Disabled ndash the buildings would not be subject to any public access and therefore does not raise any significant issues

9 Recommendation

91 That the application be GRANTED subject to the following conditions

10 ConditionsReasons -

1Approval of the details of the access siting scale and appearance of the building(s) and the landscaping of the site (hereinafter called ldquothe reserved mattersrdquo) shall be obtained from the local planning authority in writing before the development is commenced

Reason The application is in outline only and the reserved matters referred to will require full consideration by the Local Planning Authority

2Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

3The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

4The details required to be submitted by condition No 1 shall include the provision of boundary screening to the site This shall include details indicating the positions height design materials and type of boundary treatment to be erected This boundary screening shall then be provided in accordance with the details so approved before the development is brought into use and shall be retained thereafter in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

5The dwellings hereby approved shall be limited to a maximum height of two storeys only with rooms in the roof in accordance with the principles of the submitted design and access statement received on 20th July 2009 and agent email received on 26th October 2009 and shall have ridge heights not exceeding 100 metres and eave heights not exceeding 55 metres

Reason In the interests of the character and appearance of the street scene and amenities of the neighbouring occupiers

Development Control Committee 96 of 100 Date printed 9 November 2011

6The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include drawings showing the slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall there after be constructed in accordance with the details so approved in writing by the local planning authority unless otherwise agreed in writing by the Local Planning Authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

7Before commencement of development details and samples of the external materials to be used for the construction of the dwellings shall have been submitted to and be approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

8The details required to be submitted by Condition No 1 hereof shall include the provision of foul water and surface water drainage installations to serve the development proposed

Reason To safeguard public health and ensure that satisfactory foul and surface water drainage provisions are provided to serve the development

9The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include vehicular access details and pedestrian visibility splays of 20m x 20m and vehicular visibility splays of 430m x 430 metres (measured from a point 20 metres back along the centre line of the proposed junction) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

10 Before commencement of development details shall be submitted to the Local Planning Authority to show the relocation and installation of the surface water side inlet gully and the gully shall have a minimum of 10m sideway clearance from the shared heavy duty vehicle access to the point of discharge The development shall thereafter be implemented in accordance with the details so approved in writing unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of highway safety

11Adequate surface water drainage system shall be provided to prevent the unregulated discharge of water onto the highway boundary and these measures shall be implemented before the development is brought into use

Reason In the interest of highway safety

12Before the development hereby permitted is commenced details of the construction and surfacing of the vehicular access to the public highway parking facilities and all other hard-surfaced areas within the site shall have been submitted to and approved by the local planning authority These facilities shall then be provided in accordance with the approved details before the first occupation of the development

Reason In the interest of highway safety and visual amenity

Development Control Committee 97 of 100 Date printed 9 November 2011

13The vehicular access shall have a gradient not exceeding 1 in 15 for a distance of 50 metres back from the correct level at the highway boundary Prior to the first occupation of the development hereby permitted this area shall be paved with a hard bound surface for a minimum of 50 metres back from the highway boundary and be thereafter retained

Reason In the interest of highway safety

14Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) any gates or other form of barrier provided at the access point shall be positioned 50 metres back from the highway boundary and shall be hung to open inwards only

Reason In the interest of highway safety

15The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include a scheme of landscaping for the site The details shall include a plan at not less than 1500 showing the position species canopy spread and height of all trees within and adjacent to the site indicating those to be retained and those proposed for felling and planting The development shall thereafter be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development

Reason To ensure a reasonable standard of development and to avoid detriment to the amenity of the area

16Before commencement of development protection details for the on-site trees in particular the trees located along the western southern and eastern boundary of the site shall be submitted to and be approved in writing by the local planning authority These details shall be in accordance with BS58372005 and the development shall be implemented in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

17Before commencement of development an Arboricultural Method Statement shall be submitted to and be approved in writing by the local planning authority This statement shall be in accordance with BS58372005 and the development shall be carried out in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

18Prior to the commencement of the development hereby permitted details of a scheme of lighting for the site shall be submitted to and approved by the local planning authority and the scheme shall thereafter be implemented and retained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To minimize the opportunities for crime and fear for crime

19Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any Order amending or re-enacting that Order with or without modification) there shall be no development within Classes A B or C of Part 1 of Schedule 2 to that Order without the prior written approval of the Local Planning Authority

Development Control Committee 98 of 100 Date printed 9 November 2011

Reason To protect the amenity of adjacent occupiers to ensure a satisfactory elevational appearance for the development and ensure the development would not detract from the character and appearance of the area

20Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy shall be submitted to and be agreed in writing by the Local Planning Authority to demonstrate that the development would meet requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

Informatives

1 The drawings to which this decision relates are as follows

Site location plan scale 12500 shown on drawing number SAS71902 and existing site plan drawing number SAS71901 received on 20th July 2009 drawing number SAS71902 Revision A received on 16th September 2009 Design and Access Statement received 20th July 2009 Sustainability Appraisal and Energy Statement received on 31st July 2009 Scott Architectural amp Interior Services letter received 16th September 2009 and Scott Architectural email received 26th October 2009

2 The reason for the above decision is because the development proposed accords with the Development Plan and other material considerations as required by Section 38(6) of the Planning and Compulsory Purchase Act 2004 In particular with

National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

Development Control Committee 99 of 100 Date printed 9 November 2011

Rural North Oundle and Thrapston Plan (Emerging Policy) Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

Supplementary Planning Guidance Parking SPG March 2003

Planning Out Crime in Northamptonshire Feb 2004

Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008Design SPD March 2009

Development Control Committee 100 of 100 Date printed 9 November 2011

72 Principle of development

721 Both National and Local planning policy give priority to the use of previously developed land and buildings as is the case with this site

722 The site previously contained an A1 use however as the site is not within a primary shopping frontage there is no objection to the loss of this retail unit

723 The site however lies within what is predominantly a residential area and whilst PPS4 requires planning authorities to adopt a positive and constructive approach towards planning applications for economic development in determining whether the principle of development would be acceptable consideration needs to be given to the impact that the development would have on this residential area and how this differs from the existing A1 use

724 The statement issued by The Minister of State for Decentralisation on 23 March 2011 followed the commitment made by the Chancellor of the Exchequer in the Budget to publish an ambitious set of proposals to help rebuild Britains economy It was identified that the planning system had a key role in ensuring that sustainable development to support economic growth

725 The Ministerial Statement included an obligation for local planning authorities to ensure that they give appropriate weight to the need to support economic recovery and that applications that secure sustainable growth are treated favourably (consistent with policy PPS4) and that they can give clear reasons for their decisions

726 Policy 13 of the North Northamptonshire Core Spatial Strategy builds on these objectives to meet needs while protecting assets and the recommendation for refusal in this case is based on the core values of this policy

727 It is considered that the Ministerial Statement although having relevance to the application will not change the weight given to other material considerations relevant to this application

73 Visual impact

731 The proposed external changes to the building are the removal of the existing access door the provision of a new access door to the north elevation in Prospect Avenue the provision of an access ramp and the installation of a black painted external steel flue located adjacent to and to the same height as an existing chimney stack It is considered that the proposal would not result in a detrimental impact on the character and appearance of the street scene or the surrounding area

732 Should Members be minded to approve the application a condition could be imposed in relation to the appearance and the installation of the external ducting

74 Neighbouring Amenity

741 Unlike a retail use takeaways unless they are carefully controlled can result in noise and odour problems

742 Environmental Protection (Residential) have offered no objection The acoustic report submitted as part of the application demonstrates that the proposed development is unlikely to have any adverse impact on nearby residential premises They recommend that a condition is placed on the planning permission requiring that the extraction system referred to in paragraph 21 of the acoustic report is installed

Development Control Committee 6 of 100 Date printed 9 November 2011

743 Environmental Protection (Commercial) have offered no objection as regards odour providing that the electrostatic precipitator which would control odour levels is installed correctly and maintained in a manner recommended by the manufacturer

744 However when dismissing the appeal against the previous refusal the Inspector noted (paragraph 8) that Annex 1 of Planning Policy Statement 23 Planning and Pollution Control says statutory nuisance is not intended to secure a high level of amenity and nuisance does not equate to a loss of amenity Rather a significant loss of amenity will often occur even with a highly effective system The Inspector considered that the views of the EHO in relation to odour did not necessarily indicate that harm to the amenity of residents would not result from the proposal but was satisfied that any noise from inside the building or from the ventilation system would have no adverse affect

745 The Inspector was also of the opinion (paragraph 7) that given the close relationship of the site to the surrounding dwellings the nature of the food to be cooked and the character of the area that no condition attached to a grant of planning permission would ensure that a suitable ventilation system could be agreed

746 In view of the previous appeal decision the Inspectors comments and those of the EHO that they are unable to state categorically that there will be a total absence of odour the proposal has strong potential to detract unreasonably from the living conditions of the neighbouring residents by virtue of odours arising from the cooking process and therefore conflicts with Policy 13 of the North Northamptonshire Core Spatial Strategy

75 Highway Impact

751 The Local Highway Authority has no objection to the application as in its opinion the proposed takeaway would not significantly attract any more traffic flow than the existing A1 use

752 A large percentage of objections to the proposal refer to problems with on street parking in Prospect Avenue and the dangerous junction with Higham Road due to limited visibility and irresponsible parking

753 The Local Highway Authority has provided a detailed response on the highway safety and parking issues raised by local residents In summary the response states that the width of both Prospect Avenue and Higham Road allow some form of on-street parking although this is restricted by junctions and driveways To allow an emergency vehicle or bus to pass through easily would mean that cars could not be parked directly opposite each other Considerate parking to allow the safe movement of all road users is a requirement of the ldquoHighway Coderdquo

754 The original response was based on the opinion that both Prospect Avenue and Higham Road had a nominal width of 73 metres When this statement was challenged the Local Highway Authority accepted that Prospect Avenue had a width of 69 metres and the width of Higham Road varied No figures were given for this variation They therefore concluded that the roads did have a nominal width of 73 metres and made no change to the opinion that the highway authority had no objection to the proposal

755 The Highway Authority advise that consideration could be given in the future to imposing a ldquoTraffic Regulation Orderrdquo at the junction of Prospect Avenue and Higham Road This would allow the provision of double yellow lines which could then be subject to enforcement action by the appropriate authority This would already apply to the bus stops on either side of Higham Road

Development Control Committee 7 of 100 Date printed 9 November 2011

756 The Local Highway Authority has also provided figures relating to accidents classified as serious within the Department for Transport definition These figures were taken from statistics from 2001 to 2007 while the premises concerned was still operating as a shop and before the opening of the Rushden and Higham bypass The figures show two serious accidents within 100 metres of the junction and two more slightly outside the 100 metre radius

757 Since 21 September 2010 there have been no injury collisions recorded at or near to the junction of Higham Road and Prospect Avenue and only two damage only collisions For this reason the Local Highway Authority believes there is no reason for concern over the junctionrsquos history with regard to the application under consideration

758 The Local Highway Authority does however have concerns that inconsiderate drivers may park on the footway fronting the development site and should the application be approved has suggested the following condition ldquoNotwithstanding the submitted details prior to the commencement of the development the following details shall be submitted to and approved in writing by the local planning authority-

bull Measures to provide appropriate street furniture to prevent vehicle use whilst maintain the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safety

759 Although the Local Highways Authority has no objection to the application subject to condition they advise that the Local Planning Authority has to satisfy itself that there would be sufficient on-street parking to sustain the development

7510A large number of representations have highlighted the parking issues in Prospect Avenue particularly at the junction with Higham Road and the impact parking has on the free flow of traffic in and out of the Avenue This was particularly true when the previous retail unit was still open

7511Although the visibility splays on exiting Prospect Avenue into Higham Road are acceptable the Local Highways Authority do not consider the visibility on turning off the main road Located within the pavement on both sides of Prospect Avenue and near to the junction are two large trees the trunks of which do limit visibility along Prospect Avenue as you turn in Any vehicles parked close to the junction would cause vehicles entering or leaving the Avenue to drive in the middle of the road This fact along with the reduced visibility on entering Prospect Avenue is a cause for concern

7512There is a clear conflict of interest with a proposed facility that would inherently attract a level of private car travel to a site in a residential area that relies heavily on on-street parking The nature of a hot food takeaway requires that food is taken away to be eaten while still hot and despite what the Highway Authority says your officers view is that it is likely that the level of private car travel will be higher than for the previous retail use

7513Whilst accepting that the proposed use is likely to have some adverse impact on the highway network such impact would not warrant a refusal on the grounds of highway safety due to the remedial measures suggested by the Local Highway Authority

Development Control Committee 8 of 100 Date printed 9 November 2011

7514Highway safety was one of the reasons for refusal on the previous application The Inspector concluded that due to opportunities to park nearby the proposal would not have a material effect on highway safety when compared with the existing use as a shop and that the proposal would not conflict with Policy 13 of the Core Strategy Costs were not awarded against the Council on this reason for refusal as the Inspector believed the Council had not been unreasonable in its position However it would be unreasonable behaviour if the Council continued to argue that the proposal would impact on highway safety

76 Litter and Other Environmental Impact

761 Increased litter is a major concern of objectors along with the vermin which it may attract

762 Litter bins and recycling bins are to be made available on site although full details are not provided Provision of details could be controlled by condition if Members were minded to grant permission

763 The applicant states that there will be no trade effluents or waste As the proposal is for a fish and chip shop it would seem natural that there will be food waste including the parts of the fish which are not used if the fish are prepared on the premises and used cooking oil Should Members be minded to approve the application these are matters which could be controlled by condition

77 Crime and Disorder

771 Many local residents have raised concerns that the takeaway would result in crime and disorder issues Northamptonshire Police have advised that they have no evidence to suggest that the change of use will increase occurrences of anti-social behaviour in the area and that they have no formal objection to the application They recommend the addition of a condition requiring that the proprietor of the premise fund the installation of appropriately placed public litter bins and take liability to clear any associated litter lying around in the immediate vicinity

772 As Northamptonshire Police have raised no objection to the proposal and would be the authority responsible should issues arise it is considered that the application would be difficult to refuse on grounds of crime and disorder Northamptonshire Police have also been consulted by Northamptonshire County Council regarding the switching off of the adjacent street lighting

773 In the determination of the previous application one reason for refusal agreed by Members was the likelihood of an increase in and the fear of crime and disorder In his appeal decision the Inspector stated that there was no evidential basis to show an expected increase in crime and disorder in connection with the change of use and that the fear of crime did not demonstrate a conflict with Policy 13 if the Core Strategy Costs were awarded against the Council as significant weight had been placed on the concerns of the public rather than valid planning reasons (paragraph 5)

78 Proximity to local schools

781 Many local residents have raised concerns about the possibility of a takeaway being opened at a site which lies between the two local secondary schools and on a route that schoolchildren will take Their concerns are that pupils from both the Ferrers Specialist Arts College and the Rushden Community College will have easy access to unhealthy food

Development Control Committee 9 of 100 Date printed 9 November 2011

782 In June 2010 the High Court quashed a decision taken on an application for a takeaway close to a school [ R (on the application of Copeland) v Tower Hamlets London Borough Council] The facts of the case were that Tower Hamlets had approved an application for a hot food takeaway within 500 yards (457 metres) of the entrance to a local school The Judge ruled that the Councillors had been wrongly informed that they could not take the proximity of the school into account as a material consideration The Judges view was that the healthy eating policy of the school should have been considered by the Council

783 The case does not mean that applications for takeaways close to schools should automatically be refused What it made clear however is that the proximity of a takeaway to a school is a material consideration Members need to consider the weight to apply to this consideration

784 One further reason for refusal of the previous application was that it was contrary to Policy 13 of the Core Strategy which states that development should be designed to promote healthier lifestyles The Inspector concluded that although the proximity to the school and the health of pupils was a material consideration the numbers of pupils taking advantage of the proposal would not be significant as to warrant refusal Costs were awarded against the Council as to carry significant weight such concerns should be founded on valid planning reasons supported by substantial evidence It was the Inspectors opinion that such evidence had not been forthcoming (paragraph 5)

785 As alternative existing takeaways with similar or longer opening hours are available locally overall it is considered that the proximity to the school and the health of the public would not warrant a refusal of planning permission

79 Public Opposition

791 Public opposition can be a material consideration even if it is found to be unjustified It remains a matter for the decision maker to asses the weight to be applied Fears and concerns by members of the public may constitute a material consideration if they relate to a matter which in itself is material or they are objectively justified However where public concern is baseless such concern should not influence any decision to an unreasonable degree

792 The public opposition in the case includes concerns about all of the material considerations above principle of development visual impact neighbouring amenity highway impact litter and environmental impact crime and disorder and proximity to local schools The public opposition is therefore itself a material consideration However for reasons set out in this report officers views are that these concerns would not warrant a refusal of planning permission

8 Other issues

81 Access for the Disabled ndash The proposal incorporates a ramped access to the serving area Therefore this application does not raise any significant issues which cannot be controlled through Building Regulations

82 The Local Area Agreement (LAA) is not an adopted Development Plan Document (DPD) Northamptonshires LAA forms part of the action plan for delivering the Sustainable Communities Strategy priorities One such priority is to help residents to make choices that improve their health and wellbeing However the LAA forms only part of the Community Strategy priorities and lies outside the area of wider planning policy The Northamptonshire NHS Healthy Weight Healthy Lives Strategy 2010-2014 and the Schools Healthy Eating Policies have already been taken into account when considering the proximity of the takeaway to the local schools and it is the officers view that the LAA would not add any further weight to warrant a refusal

Development Control Committee 10 of 100 Date printed 9 November 2011

83 The need for this type of business is not in itself a material consideration There is no adopted Development Plan Policy which seeks to limit the number of takeaways in this particular area

84 The issue of subsidence at the site is not a material planning consideration

85 Fire safety precautions would be subject to Building Regulations

86 Localism It is the clear intention of the government to reform the planning system to give local people more influence over their lives However the Localism Bill is still working its way through Parliament and may be subject to change before it becomes law and should be given limited weight

87 Repeat applications The criteria for acceptance of planning applications for similar development at a specific site are provided in Part 4 of the Planning and Compulsory Purchase Act 2004 Guidance is given in ODPM Circular 082005 Powers to decline to determine an application extend only to two refusals by the local planning authority within the last two years The Circular also states that if an application has been revised in a genuine attempt to take account of objections to an earlier proposal then it should be determined The current application has been submitted taking into account the Inspectors reason for refusal

9 Recommendation

91 That the application be REFUSED for the following reason

10 ConditionsReasons -

1 The proposed development due to the close relationship of the site to the surrounding dwellings by reasons of smell and odour would give rise to a significant loss of amenity for neighbouring dwellings The application is therefore considered to be contrary to Policy 13 (l) of the North Northamptonshire Core Spatial Strategy which states that development should not result in an unacceptable impact on the amenities of neighbouring properties and the wider area by reason of noise vibration smell light or other pollution loss of light or overlooking

Informatives

1 The drawings to which this decision relates are as follows Drawing nos 1 and A100 received by the Local Planning Authority on 18 July 2011

Development Control Committee 11 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 28 October 2011

Case Officer Samantha Hammonds EN1100700OUT

Date received Date valid 9 May 2011 15 June 2011

Windmill Raunds

Overall Expiry Ward Parish 14 September 2011 Raunds

Applicant Roxhil Warth Ltd And Robert How - Mr M Eckershall

Agent Mr David Shaw

Location Phase 2 Warth Park Way Raunds Northamptonshire

Proposal Outline Demolition of existing buildings development of employment park including A345 B1b and c B8 C1 Di and D2 uses together with access parking areas and open space (all matters reserved except for access)

1 Summary of recommendation

11 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

2 The proposal

21 This is an outline application for development of an employment park including A345 B1b and c B8 C1 D1 and D2 uses together with access parking areas and open space to make way for the proposed development the existing Scalley Farm would be demolished Only access is up for consideration at this stage all other matters are reserved for later consideration

22 Indicative plans have been submitted that show how the site could be developed These plans show a cluster of leisure uses including a hotel health and fitness unit two family pubs a family restaurant and a creche forming a gateway to the development and to Raunds itself by reason of their position on the northern corner of the site adjacent to the A45 roundabout and opposite the football club West of this leisure gateway would be a cluster of small B1b and c business units which could be for research and development laboratories or light industry and these would be situated immediately north of the existing Wiseman Dairies building A new estate road would run between the business and leisure clusters leading in an arc to three large B8 warehouse units and their associated parking Beyond these in the western corner and north western edge of the site would be an area of landscaped public open space and sustainable urban drainage systems A public footpath and cycleway would meander through the public open space joining up with the end of the Meadow Lane bridleway

23 The indicative breakdown of uses that has been put forward in the application (Transport Assessment and Sequential Impact Assessment) is as follows

Development Control Committee 12 of 100 Date printed 9 November 2011

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

24 The following reports and information accompanied the application bull Environmental Statement bull Design amp Access Statement bull Sustainability Statement bull Transport Assessment bull Framework Travel Plan bull PPS4 Sequential and Impact Statement bull Outline Waste Management Plan bull Ground Investigation Reports bull Statement of Community Involvement bull Flood Risk Assessment

25 During the course of the applications revisions were made to the masterplan road layout Flood Risk Assessment the Travel Plan the Archaeological Investigation Ecological Surveys Sequential and Impact Assessment and additional photomontages were produced A full re-consultation on these amendments was initiated on 29 September 2011

26 As the proposal is for a major out of centre development and includes leisure uses the application will need to be referred to the Secretary of State before permission can be granted

3 Site and Surroundings

31 The site is situated to the north west of the settlement of Raunds and is currently agricultural land occupied by a farmstead known as Scalley Farm The site forms a large triangle of land to the north and west of the existing Warth Park development bound to the south by Meadow Lane to the north west by the A45 and to the east by London Road Open countryside surrounds the site in all directions except to the east where the site abuts the built edge of Raunds and its associated mix of employment leisure and residential uses

32 The site is effectively a valley slope with its south eastern end situated on a ridge before sloping down towards the north west and the A45 Beyond the site boundary and the A45 the valley continues to slope downwards towards Stanwick Lakes and the River Nene

33 The Upper Nene Valley Gravel Pits Site of Special Scientific Interest (SSSI) and the Special Protection Area (SPA) is situated some 200m to the north east of the site on the opposite side of the A45 This area also accommodates two former medieval settlements which are historic monuments of special archaeological interest

34 Whilst part of the application site is situated in the parish of Ringstead the village of Ringstead is some distance away from the proposal

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development

PPS4 ndash Planning for Sustainable Economic Growth (and Practice Guide) PPS7 ndash Sustainable development in rural areas

Development Control Committee 13 of 100 Date printed 9 November 2011

PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

PPS22 ndash Renewable Energy PPG24 ndash Planning and Noise

PPS25 ndash Development and Flood Risk

42 Regional Spatial Strategy for the East Midlands (RSS8) Policy 1 - Regional Core Objectives Policy 2 - Promoting Better Design Policy 11 - Development in the Southern Sub-Area Policy 18 - Regional Priorities for the Economy Policy 20 - Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 22 - Regional Priorities for Town Centres and Retail Development

43 East Northamptonshire Local Plan 1996 Saved Policy GEN3 ndash Planning Obligations

44 North Northamptonshire Core Spatial Strategy Policy 1- Strengthening the Network of Settlements Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution amp Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

45 Supplementary Planning Guidance Planning out crime Parking Sustainable Design Biodiversity

46 Other documents HM Treasury Plan for Growth (March 2011)

Draft National Planning Policy Framework (July 2011) East Northamptonshire Employment Land Review (ELR) December 2006 Northamptonshire Strategic Employment Land Assessment (SELA) November 2009

Raunds Masterplan Raunds Area Preferred Options

5 Relevant Planning History

51 0200025FUL - Use for B1 business B2 industrial and B8 warehousedistribution Permitted March 2003

52 0300564OUT - Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted

53 0600904RWL - Renewal of 0300564OUT Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted July 2006

54 0701304REM - Approval of reserved matters for a single industrial warehouse building Permitted September 2007

55 The above consents in as far as they relate to the application site have expired and can no longer be implemented

6 Consultations and Representations

61 Responses from residents and neighbours

Development Control Committee 14 of 100 Date printed 9 November 2011

611 10 objections were received from local residents of Raunds and Stanwick

LANDSCAPE AND VISUAL bull Worried about loss of countryside bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Impact on visual amenity of the district It will be seen for miles around including views

to and from Stanwick Lakes This sort of development should be out of view not on the skyline

bull More landscaping is needed to hide the big sheds along the Meadow Lane boundary bull More attention is needed to bunding screening and landscaping using mature trees bull Can we insist on darker cladding like the GEM building at the entrance to Warth Park

as this greatly reduces the visual impact a short distance away bull Photomontages are misleading as they are taken from a long distance bull To extend the existing Warth Park development as proposed would be a mistake as it

would be a blot on the landscape bull Views from Stanwick Ringstead and Addingtons would be destroyed bull More consideration is needed of the view from Stanwick Lakes which is an area of

natural beauty and a top tourist attraction bull Industrial units ruin the first impression of Raunds gateway Raunds is a picturesque

rural town not an industrial estate bull No architectural merit of appeal bull How will the gateway look as you approach the site from within Raunds This is more

important to local people than the long-distance views bull Height of the proposed units is out of scale to the existing development bull Layout increases the visual impact and simply serves to cram as much in as possible

around the site constraints

TRAFFIC bull Increase in lorry traffic on the single carriageway A45 between Stanwick and Thrapston bull Too many lorries going in and out causing congestion bull Lorries use London Road as a short cut even though they are not supposed to

London Road is too small to cope with existing lorries The additional traffic will worsen the situation particularly if 24 hours

bull Existing hazard created by heavy lorries accessing the sewage works via a narrow bridleway More sewage will mean more traffic hazard

bull More traffic on the A45 will mean increased delays where the A45 changes from dual to single carriageway making it more likely that vehicles will seek shortcuts through Stanwick particularly during the construction phase

bull Developments of this magnitude should be on duelled roads (ie Thrapston Wellingborough)

bull Existing London Road roundabout is not suitable or of adequate size to handle HGVs bull Existing operators on Warth Park phase 1 wish to be assured that there will be no

restrictions on their vehicle movements during construction and that there will be no access to the B1C units from the Robert Wiseman access

NOISE bull 69 London Rd 17 Gardner Close 33 Crispin Way 38 Keston Way bull Have to close our windows at night due to the noise of lorries engines shunting

loading reversing sirens air conditioning fans shouting etc bull Noise during the day disturbs shift workers sleep bull More thought needs to be put into the effect of noise pollution in the local area bull Too close to a residential area to have 24 hour operation bull Additional 24 hour warehouse units will increase both the volume and frequency of the

existing disturbance bull Existing noise bunds along London Road are inadequate The height and planting of

these should be looked at bull Noise should be monitored

Development Control Committee 15 of 100 Date printed 9 November 2011

bull Could we prevent the use of reversing sirens and fansair conditioning at night bull Noise evaluation taken on a quiet day at a quiet time of year bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Anticipate huge increase in traffic noise

RESIDENTIAL AMENTIY bull Light pollution during the winter months - existing security lighting is intrusive to our

homes Further development will only increase this bull Existing lights dazzle as far away as Stanwick bull Lighting needs to be upward and not positioned so it reflects off buildings bull CCTV cameras that are operator controlled could zoom in on bedrooms at the rear of

our properties

PRINCIPLE NEED bull Is it really necessary The last development took ages to become occupied and these

have not provided the level of employment that was anticipated bull Concerns about Northamptonshire becoming a low skilled work area full of

warehouses bull Too much emphasis on low skilled part-time temporary work bull Workforce will come from surrounding conurbations not Raunds bull Environmental impact of hauling goods around on the roads to store in sheds bull Adverse impact on tourism if visitors to the area only see big sheds bull Serves the needs of the developers more than the local community bull Excessive scale of development bull This area should not proceed as this area was not even discussed for significant

extension at the latest consultation bull Will take trade away from the existing town shops rather than bring in new business bull Not all the plots on the first development were taken until the rent was dramatically

reduced putting more pressure for them to be dropped even lower now therersquos more

BOUNDARY bull Outside the boundary of Raunds it overlaps with adjacent villages

SUSTAINABILITY bull Suggest solar power for the roofs bull Renewable elements should be included bull A post construction BREEAM assessment should be carried out

FLOODING bull Building up contours to create balancing ponds will increase winter flooding of the A45

underpass bull Meadow Lane is already badly affected by winter runoff Further development will

exacerbate the problem

WILDLIFE bull No mention of red kites which are moving to the Stanwick area and use the site as their

hunting ground bull No consideration of the impact on fish in local streams bull No consideration of wildlife impact of turning rough ground into a manicured park

LOCAL INFRASTRUCTURE bull If the development goes ahead need to consider what provision is being made for the

community Will they provide space and land for social community buildings

CRITICISMS OF SUBMISSION PROCESS bull questionnaires worded with bias so that all answers have been misconstrued to favour

the application and not represent personal views bull The exhibition seemed to show a different proposal

Development Control Committee 16 of 100 Date printed 9 November 2011

bull submission contains misleading and inaccurate information (for example by saying the site is not visible from a public road or bridleway no rights of way are affected no SSSIs and SPAs are affected etc)

bull Visual effects table is unsubstantiated Challenge conclusions bull Too much detail to be studied by the public Something of this nature needs a far wider

briefing for the public and an opportunity for them to talk with people who can explain the intricacies of the proposal A public meeting should be held in the evening so that everyone can attend The public need fuller facts before this can be decided

612 Two letters of support were received and some other positive comments were made by the above objectors as outlined below

bull Bringing 1500 jobs to the area bull Local employment opportunities bull I am all for this development it looks similar to Grange Park with its mix of distribution

centres and commercial units bull Welcome a more inviting gateway to Raunds as it is too industrial at present bull Welcome the SUDS plan for surface water from the site within the parkland and

landscaping bull The open space will provide a good link to Stanwick Lakes bull Small enterprises would lead to greater opportunity for long term high skill employment

training and apprenticeships bull Highway works to each side of the road outside the football club will improve the

entrance to Raunds

62 Town Parish Councils

621 Raunds Town Council - no objections but comment as follows - retail element should not be lost by a future change of plan - full archaeological survey should be carried out - external colour scheme for buildings should blend in with natural surroundings - screening scheme of tree barriers to reduce noise and visual impact should be maintained and enhanced if possible - seek clarification of the arrangements for dealing with surface water run-off and water supply provision

622 Ringstead Parish Council - comments - Broadly supports the principle of development that provides local employment and notes that the bulk of the employment will be in the parish of Ringstead - Access enhancements are only proposed for Raunds so young people from Ringstead would not have adequate access to the new employment opportunities - The A45 has recently been surveyed as being at 100 capacity rising to 141 at peak times so it would struggle to cope with the additional traffic from this development - Question the need for the amenity area given that there are already two hotels two themed public houses and at least five food outlets on the stretch of A45 between Thrapston and Wilby

623 Stanwick Parish Council ndash initial comment confirmed no objection but requested - larger trees around the building - the building to be a different colour colour scheme to be approved - a full archaeological survey - details of water supply and surface water drainage - concerned about the amount of accidents on the A45 - avoid disturbance to nearby badger sett

Development Control Committee 17 of 100 Date printed 9 November 2011

Subsequent comments following the submission of additional photomontages indicate Stanwick Parish Council feel that the development would have an impact on Stanwick particularly visually and in respect of lighting Request

lighting scheme to be set up correctly from the outset bunding and planting for screening should be sufficient to provide immediate

mitigation rather than taking a number of years to develop

624 Great Addington Parish Council - no objection but feel the development will have an adverse impact on the surrounding area because of increased traffic congestion and light pollution A condition should be used to ensure that all lighting at the site is compliant with section 102 of the Clean Neighbourhoods and Environment Act 2005

63 Other consultation responses

631 Northants Bat Group ndash no objections

632 North Northants Badger Group ndash no objections

633 NCC contributions ndash request 26 fire hydrants and a financial contribution of pound191400 towards fire and rescue (or a sprinkler system throughout the development)

634 The Ramblers Association ndash object Details regarding footpath UG39 are inadequate The parameters plan shows a diversion of UG39 to the north into the public open space to eventually join Meadow Lane at the south west corner of the site The Ramblers Association feel that any diversion of UG39 should turn south behind the existing Warth Park development (between the existing and proposed warehouse units) to join Meadow Lane to improve access to the site from Meadow Lane Whilst we have no objections to an additional path to the north of the site and then along the landscaped corridor to join Meadow Lane at the south west corner of the site we want UG39 to be diverted south along the east boundary of the site where it would link with Marsh Lane On such a large site it should be possible to locate the units so that UG39 is not affected

635 Northamptonshire Police ndash no objection More discussion is needed in respect of lighting CCTV physical security of buildings pedestrian and cycle links boundary treatments and layout of public use buildings and areas (Note these are all issues that would be considered in detail at reserved matters stage

636 Campaign For Dark Skies ndash Given that the existing Warth Park development causes a significant amount of energy waste light pollution due to poorly designed or angled lighting apparatus strict planning conditions should be used in relation to every new light used especially in the flood lighting of the warehouses Campaign for Dark Skies would wish to be involved in considering such details (Note this is an issue that would be considered in detail at reserved matters stage)

637 NCC Archaeology ndash Request a condition to secure an archaeological programme of works (June 2011)

638 English Heritage - do not wish to comment in detail but urge ENC to give detailed consideration of possible remains given the proximity of deserted Saxon settlements as advised by the County Archaeological Advisor

639 NCC Highways - Although a revised written response in relation to the latest TA revision is yet to be received discussions suggest that the main issues are now overcome Revised formal comments will be reported in the update Travel Plan - a condition requiring a detailed Travel Plan which shall include the management arrangements for future occupiers of the units and the delivery mechanisms

Development Control Committee 18 of 100 Date printed 9 November 2011

Contributions - bus services the county councils initial request for pound15000pa for five years has been reduced to a request for pound15000pa for only three years together with a pound5000 contribution towards the provision of a bus shelter within the Warth Park site This reduction is based on the circumstances of this site proposal in particular that a training contribution and other calls on land value not being required of other

schemes the fact that other developments may well be contributing and that demands and revenue from this site and other schemes can be expected to

cover an increasing portion of costs Meadow Lane improvements a financial contribution of pound60000 towards

improvement works throughout Meadow Lane (with any money not being spent on these works within five years of the first operational use of the development site being returned to the developer)

6310 Highways Agency - Initial issues with the Transport Assessment have been resolved

following the submission of additional information and the initial holding objection has now been lifted The HA are content that the issues raised by the Road Safety Audit can be resolved during the detailed design Direct that conditions be attached to any planning permission (1) to secure the necessary off site highway improvement works and (2) to require a Non Motorised Users Audit to be carried out and its recommendations implemented In relation to the Travel Plan the initial shortcomings with the Framework Travel Plan have now been addressed

6311 Natural England -

Designated sites - satisfied with the conclusions of the ES and consider that the proposals are unlikely to have a significant effect on the SPASSSI Landscape - no implications for any statutorily designated landscapes Biodiversity - Broadly agree with the assessment but feel that a minor negative impact may remain at local level for the breeding skylark grey partridge and linnet The numbers affected are small but there is still a need to ensure that habitat enhancement opportunities within the retained open spaces are maximised Soils - it is not clear if the agricultural land (referred to as grade 3) is of the best and most versatile quality If approved the soil resources should be used sustainable particularly the topsoil An appropriately experienced soil specialist should be instructed to oversee this Enhancements - Strongly recommend that the plans for green infrastructure and landscaping be secured by a condition planning obligation requiring a Landscape Management Plan and the delivery of such a plan not forgetting proposals for on-going management of public open space in the long term

6312 Wildlife Trust - The ecology work contained within the ES is acceptable in terms of its

scope content and findings We would recommend that the ecologists own recommendations within section 116 of chapter 11 regarding the retention protection enhancement and future mitigation measures be required by condition Further bat and bird survey work required (July 2011) has now been carried out and is acceptable

6313 Environment Agency - withdraws its initial objections in relation to flood risk and

environmental infrastructure Flood Risk - the additional information supplied demonstrates that surface water from the site can be managed and accommodated onsite if restricted to the Qbar rate The EA therefore withdraws its objection in relation to flood risk subject to a condition ENC need to be satisfied that the proposed development is in accordance with PPS25 - have not taken account to risk of flooding from ground water drainage systems reservoirs canals or ordinary watercourses

Development Control Committee 19 of 100 Date printed 9 November 2011

Environmental Infrastructure - the additional information supplied confirms that there is sufficient environmental infrastructure capacity to serve the proposed development The EA therefore withdraws its objection in relation to this matter Groundwater and contaminated land - based on the submitted information we consider the site to pose a negligible risk to controlled waters however we request a condition relating to the remediation of unidentified contamination Section 106 matters - the ongoing maintenance of the surface water drainage system together with operation and contingency arrangements can be secured through the section 106

6314 Kettering Borough Council - no objection as unlikely to have a significant impact on the

Borough of Kettering

6315 ENC Planning Policy - Overall the scheme represents a major opportunity to deliver

significant new employment development at Raunds for which the CSS evidence base identifies a need Despite some concerns about the quality of the submitted PPS4 sequential and impact statement no planning policy objections are raised in principle to the proposed Phase 2 Warth Park development

6316 ENC Environmental Services (contamination) - No objection The work undertaken in

respect of ground investigation is of a very high standard Levels of contamination found on the undeveloped part of the site do not pose a significant risk to end users of the site The Scalley Farm buildings had however not been surveyed Subject to conditions being imposed that cover the area of the Scalley Farm buildings requiring investigation and remediation is carried out as necessary there is no objection to the development

6317 ENC Environmental Services (noise) - No objection The noise survey was carried out

in accordance with a brief supplied by ENC Environmental Services Conditions should be used (1) to ensure the recommendations within section 878 (p73) of the summary section of the noise assessment are implemented and (2) that works which cause noise audible at the site boundary are not carried out outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays Environmental Services ask that they be consulted in relation to details of piling activity on the site and in determining the detailed layout of the site at reserved matters stage Given that the plans would see the removal of the bunding adjacent to London Road (alongside the gateway part of the development) the applicant has clarified that this section of bunding was included in the noise model for the existing scenario but removed from the model for the noise predictions with the development in the year of opening The bund is only 1m high and would not have had a significant effect on noise levels at the nearest residential properties The Environmental Services officer is therefore satisfied that the noise assessment is robust in respect of that bund and that its removal will not adversely impact on nearby residential properties There is no requirement for any bunding or other mitigation at the southern boundary of the site as there are currently no receptors at this location that will be affected Therefore it would not be reasonable of this authority to request bunding or any other form of mitigation on the southern boundary at this time In respect to objections about current activities at Warth Park the Environmental Services officer has made the following comments The noise assessment provided is firm in its conclusions that the addition of this development will not adversely impact on the residents The current guidelines relating to noise from this type of development have been met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels Therefore I have no reason to

Development Control Committee 20 of 100 Date printed 9 November 2011

object to this development on the grounds of noise Obviously these mitigation measures have been specified as a condition to ensure that they are included in the development and prior to first use

6318 ENC Environmental Services (lighting and air quality) -

Lighting - suitable conditions are required to ensure that the appropriate information on lighting for the site is provided at reserved matters noting that any lighting scheme should be designed to use the minimum necessary lighting Air Quality - no objections A method statement for the construction phase should be required as a pre-commencement condition of the development

6319 ENC Environmental Services (commercial health) - need to ensure safe access and

egress of vehicles and pedestrians using units at the site

6320 ENC Conservation Officer - concerned that landscaping has not been sufficiently

considered - no justification of how the proposed landscape structure was conceived so it is difficult to assess whether the proposed landscape types are appropriate for this site - no details of phasing for the highlighted features such as woodland planting and formal planting so it is difficult to assess the suitability of this alongside the proposed structural planting - need the landscaping to reflect a broader design for the whole site so that the bulk of the planting for each plot is put in place as part of the structure planting (open spaces street planting) Otherwise the creation of individual planting around the smaller plots may lead to fragmentation of the design - development will be visible in the landscape even with the addition of new planting to partially obscure future views Whilst the existing development is already visually prominent the proposed units appear even more prominent interrupting the horizon line and not sitting well with their surroundings The drop in land to the south and west contributes to this prominence Could ground levels be manipulated to allow the buildings to sit lower in the landscape

6321 ENC Design Officer -

(1) The mixed use area at the gateway needs to look towards and integrate with Raunds by having doorways and accesses from London Road This would give a positive visual impression at the gateway into Raunds and would afford residents access to the new facilities by means other than the car An active frontage may also affect driver behaviour and reduce traffic speeds in this area enhancing the overall pedestrian environment (2) There is an opportunity to improve the pedestrian environment and cycle access in the vicinity of this site as highlighted in the Raunds Masterplan including the Meadow Lane right of way to Stanwick Lakes and routes to the town centre

6322 North Northamptonshire Joint Planning Unit -

Jobs Growth - the proposal satisfies the requirement of Policy 11 by providing employment at an existing employment site in an area with a low jobsworkers balance A Training and Employment agreement should be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal (ref policy 8) Planning conditions should be used to ensure that the delivery of the non B8 elements of the scheme contribute towards unlocking other employment uses and diversifying the economy into higher value activities Regarding the proposed town centre uses ENC should be satisfied that the requirements of PPS4 have been satisfied

Development Control Committee 21 of 100 Date printed 9 November 2011

6323 JPU Design Action Manager - ref para 398 of CSS and policy 13 Concerned about

the visual impact of the proposal and its impact on the wider landscape character In photomontage L from the Nene Valley Way the development would result in a bulky form on the skyline and would block the view of Raunds church spire Viewpoint N is likely to demonstrate a similar negative effect Photomontage M demonstrates that the build form spills down the valley side and runs against the contours so that the visual impact is one of long expanses of built form this appears at odds with the gently undulating farmed slopes that are characteristic of the area Photomontage F demonstrates a negative view of the proposal on the brow of the hill Photomontage C shows the building jutting out into the view obscuring the natural fall of the land and the horizon Overall the proposal is contrary to policy 13h in that

is visually prominent in a sensitive location were wide expansive views are key to the landscape character

does not conserve or enhance the landscape character blocks views to the spire and prevents views across undulating countryside to

the horizon does not display design of exceptional quality to counteract the landscape

concerns Layout - More information about the accesses and orientation of the mixed use gateway should be secured through a design brief on the first reserved matters application

6324 JPU Sustainability Officer - Welcome the plans to achieve BREEAM very good for the

B8 element Concerned that the proposed 10 of energy demand to be met from renewables is below the policy 14 target of 30 and that the proposed 15 reduction in CO2 emissions is also too low There is no reference to the 20000sqm of mixed use development which could provide opportunities for the consideration of an energy centre for the site Rainwater harvesting should be utilised across the whole scheme The sustainable drainage system and surrounding open space has potential to create opportunities for recreation and biodiversity benefit Green roofs and ponds do not appear to have been considered

7 Evaluation

71 The following issues are relevant to the determination of this application for planning permission

72 Local Planning Policy and Principle of Development

721 The first consideration should be whether the development conforms with the development plan for the area which for this site is primarily the adopted Core Spatial Strategy and to a lesser extent the adopted East Midlands Regional Plan (taking account of the uncertain future status of the regional plan)

North Northamptonshire Core Spatial Strategy

722 Both the Regional Plan and the NNCSS set out the overall locational strategy for new employment development with priority being given to development in urban areas Whilst the site is located outside the settlement boundary that was proposed (although not formalised) within the 2007 Raunds Preferred Options document it should be noted that the site is on the edge of Raunds and relates well to the settlement

723 The NNCSS aims to achieve greater self-sufficiency for North Northamptonshire as a whole stating in Policy 1 that development in the rural north east will be mainly directed to a rural service spine comprising Oundle Thrapston and Raunds to be supported by regeneration of these towns and improvements to public transport links

Development Control Committee 22 of 100 Date printed 9 November 2011

724 The CSS defines Raunds as a localised convenience and service centre and the strategy for the town should consist of town centre regeneration and diversification of employment and service base (policy 1 and policy 9) It is essential therefore that the impact of the proposal on the town centre has been adequately assessed

725 This proposal for a predominantly B8 distribution development is situated close to the strategic transport network in accordance with policy 11

726 The non B8 aspects of the proposal contain a broad mix of employment related uses therefore representing an opportunity for expansion and diversification of the employment and service base as set out in table 1 of the CSS and enhancing the towns overall retail employment and leisure base Paragraph 392 in the CSS whilst recognising that town centres are the preferred location for the focus of new office development does note that town centres cannot entirely accommodate the amount of land envisaged as being required for office-based uses It further notes that certain types of business use (such as research and development) may find more commercially attractive locations within the sustainable urban extensions or other prominent sites at the edge of towns These will however need to be in locations that are or can be made highly accessible by a range of transport modes

727 Overall whilst the proposals edge of town location could be seen to conflict with the CSSs town centre regeneration focus the proposal would still accord with much of the broader policy content of the CSS

East Midlands Regional Plan

728 The proposal would accord with the thrust of the relevant policies of the East Midlands Regional Plan in that it would enhance the provision of local facilities at Raunds by focusing on the service sector as an economic priority Whilst policy 22 seeks to prevent the development or expansion of additional regional scale out-of-town retail and leisure floorspace this development would not be contrary to this policy given that it consists of predominantly B8 (non-town centre) uses

Other Local Policy Documents

729 In the absence of an up to date site specific DPD for Raunds the non-statutory Raunds Masterplan functions as a relevant material consideration where it compliments the CSS The Masterplan recognises the application site as a potential new employment site and explicitly promotes the expansion of Warth Parkbased on market opportunity strategic location of Raunds and potential employment opportunities The Masterplan does seek to restrict edge or out of town retail However whilst the current proposal does incorporate some town centre uses none of the proposed uses are strictly retail so there is no conflict with this element of the Masterplan

7210 The Northamptonshire Strategic Employment Land Assessment (SELA) highlights the

need for significant growth in respect of job creation employment at Raunds particularly as Employment development within Raunds would help to reduce the very large imbalance of out-commuting from the town

7211 East Northamptonshire Councils own (non-statutory) corporate policies include a focus

on regeneration and economic development and a business friendly planning servicedesigned to make it as easy as possible for companies to set up or expand

73 National Planning Policy and Principle of Development

National Ministerial Statement ndash Planning for Growth

Development Control Committee 23 of 100 Date printed 9 November 2011

731 The recent Ministerial Statement ndash Planning for Growth indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

Draft National Planning Policy Framework

732 The recent Draft National Planning Policy Framework contains a presumption in favour of sustainable development and goes as far as to state that the default answer to development is yes except where this could compromise the key sustainable development principles It goes on to state that local planning authorities shouldgrant permission where the plan is absent silent indeterminate or where relevant policies are out of date This could be said to be the case in respect of Raunds given the East Northamptonshire District Local Plan (now 15 years old) remains the site specific DPD for the town

Planning Policy Statement 1- Delivering Sustainable Development

733 PPS1 refers to the need for sustainable economic development It sets out a positive approach to delivering sustainable economic development including recognising its environmental and social benefits and ensuring that suitable locations are available (paragraphs 23(i) and 23(iii))

Planning Policy Statement 4 - General

734 PPS4 provides further guidance and advises in policy EC101 that planning applications that secure sustainable economic growth should be treated favourably Policy EC102 includes criteria against which applications for economic development should be assessed These include

a) whether carbon dioxide emissions are limited and the proposal is resilient to climate change b) accessibility of the site by a choice of means of transport c) whether the design is of high quality and is inclusive d) impact on economic and physical regeneration including impact on deprived areas and social inclusion objectives e) impact on local employment

These are considered in later sections of this report

Planning Policy Statement 4- Town Centre Uses background

735 Part of the scheme includes town centre uses and there are specific policies in PPS4 relating to these Policy EC171 indicates that applications for main town centre uses that are not in an existing centre and not in accordance with an up to date development plan should be refused planning permission where

a the applicant has not demonstrated compliance with the sequential approach b there is clear evidence that the proposal would be likely to lead to significant

adverse impacts However Policy EC172 then goes on to indicate that where no significant adverse impacts have been identified planning applications should be determined taking account of

a the positive and negative impacts of the proposal in terms of policies EC102 and 161 and any other material considerations and b the likely cumulative effect of recent permissions development under construction and

completed development

Development Control Committee 24 of 100 Date printed 9 November 2011

Planning Policy 4 ndash Sequential Assessment

736 Policy EC15 in PPS4 provides detailed advice on how to consider sequential assessments advising that Local Planning Authorities should take account of the availability suitability viability and accessibility of more central sites and should ensure developers have demonstrated flexibility in terms of their business model

737 PPS4 is accompanied by a Practice Guide which makes it clear in paragraph 56 that the onus is upon the applicant to demonstrate that the sequential test is passed and if more central opportunities are rejected it is for sound reasons that are clearly explained and justified In paragraph 57 it is explained that if a local planning authority proposes to refuse an application involving town centre uses on the basis of the sequential approach it should be on the basis that it considers that there is or may be a reasonable prospect of a sequentially preferable opportunity coming forward which is capable of meeting the same requirements

738 The developer explains that in undertaking their sequential assessment they have disaggregated each unit and assumed that each is a separate business This approach is in accordance with the advice in PPS4 The developer has not however reduced the size of individual units explaining that the formats proposed are those required by the market

739 The catchment area that the developer has considered is the parishes of Raunds Ringstead Stanwick and Hargrave as it is explained that the facilities proposed are not designed to serve wider population Only alternative sites within Raunds are therefore considered and the sites have been taken from the from the Draft Raunds Masterplan Ideally a separate market search should also have been carried out

7310 The alternative sites identified in the sequential test and the developerrsquos conclusions

are set out below

ARPC Containers site ndash reference is made to the viability report submitted in relation to the current application for this site which shows that the site is only viable for a mainly residential scheme BCorner of Titty Ho and Grove Street ndash this site is considered not to be available as it would require relocation of the garage CVacant site between Grove Street and McKenzie Road ndash site is too small and development would impact on residential amenity DBlock between Ashfield Rise Ashfield Grove and Spinney Street - residential amenity would be harmed by restaurant and health and fitness use and the site is unsuitable due to lack of visibility EVacant site on corner of Park Road and Hill Street ndash the site is too small and recommended for residential use FGellrsquos Garage High Street ndash the site is too small and more suited to residential use GLand to east of North Street- the site is too small and more suited to residential use

7311 Insufficient information however has been submitted to support the conclusions The

sites are not identified on a clear map and their sizes have not been provided therefore it is difficult to determine that they are actually too small although your officers do agree that sites surrounded by residential development are likely to be more suitable for residential rather than the uses proposed and also accept that it is not viable to develop the RPC site for the proposed uses

Development Control Committee 25 of 100 Date printed 9 November 2011

7312 The developers make a general point in relation to viability They advise that in the

current economic climate all development projects are difficult to make viable and that commercial development of light industrial units hotels food and drink establishments and leisure facilities are not viable on sites with additional costs for items such as demolition and decontamination

Planning Policy Statement 4 ndash Impact Assessment

7313 Policy EC161 sets out that an impact assessment needs to consider the impact of a

proposal on town centre vitality and viability consumer choice in-centre trade and turnover and possibly the rural economy It shoudl also consider whether the scale of the proposal is appropriate to fit within the hierarchy of centres The accompanying Practice Guide provides guidance on how to consider these impacts

7314 Unfortunately the developer has made no attempt to carry out a detailed impact assessment advising that there are no models that can provide a realistic assessment of impact for the relevant uses at the scale proposed They make the following detailed points

bull More employment and economic activity will have a beneficial impact upon the town bull The creation of additional employment at Raunds is likely to increase the viability of

Raunds town centre An increase in businesses and employees will increase demand for facilities particularly retail in the town centre

bull The prediction is that employees would earn over pound300 million from the proposal over 5 years Although only a small proportion would be spent in the town even 1 spend totals over pound3 million over the 5 year period which will sustain a number of small businesses

7315 Unlike retail proposals there is no accepted methodology for assessing the impact of

town centre proposals however Members will no doubt recall that a more detailed impact assessment was submitted for the proposed leisure centre at Manor Park It is disappointing therefore that the developer has not explicitly considered the issue of the impact that locating town centre uses would have on Raunds town centre Ideally further work should have been carried out

PPS4 - conclusion

7316 The applicants submission in respect of the PPS4 Sequential and Impact Assessment

is not of the quality that would be expected despite this being their second attempt following an initial request for a more detailed assessment However on the basis of local knowledge of the area the markets and the way trade operates the conclusions that it draws are not challenged It is reasonable to conclude that there are no more centrally located sites that could suitably accommodate the proposed development or parts thereof and furthermore that any impact on the existing centres would be minimal

Overall Policy Conclusions

7317 Bringing together the relevant policies there is significant support for the proposal The

main issues are around the acceptability of the sequential and impact assessments particularly having regard to the overall spatial strategy set out in Policy 1 of the Core Spatial Strategy and the focus upon regeneration of the town centre

Development Control Committee 26 of 100 Date printed 9 November 2011

7318 The sequential test is not as clear as it could have been and would have benefited from plans identifying the alternative sites that were considered noting their size and showing their relationship with surrounding development and explaining in more detail why most of them are too small Whilst it would have been helpful for the developer to have carried out their own market research your officers are not aware of other sites that might be available

7319 The impact assessment is poor but on the other hand no clear evidence has been submitted to demonstrate that the proposal would lead to significant adverse impacts Having regard to this the proposal therefore needs to be assessed against Policy EC172 in PPS4 the positive and negative impacts of the proposal in terms of EC102 and 161 and other material considerations need to be considered ie there is no presumption that the application should be refused in accordance with Policy EC171

7320 Considering that no retail uses are proposed for the site and that the sequential

assessment has proved that there are no more central sites that could accommodate the uses proposed it is very unlikely that the development itself would have an adverse impact on the vitality and viability of the town centre

7321 Indeed it could be argued that the development would raise the profile of Raunds by

attracting more businesses and visitors to the town The development would be closely related to existing retailing and leisure uses namely MampS BP McDonalds and Raunds Town Football Club Combined with the application proposals these could form a leisure hub to the west of Raunds again attracting more business to the town which could in turn help support the town centre Consideration is given in a later section to the potential for seeking developer contributions towards civic improvements within the town In this respect the development could also be seen to have a positive impact on the town and contribute to this important element of the CSS

7322 The Town Council have on a number of occasions expressed concern about the

amount of food establishments within the town centre and stressed that what they want to attract into the town centre is retail development

7323 Other sections of this report consider the proposal against Policy EC102 in PPS4 and

the positive and negative impacts of the proposals and other material considerations and these are all brought together and weighed in the balance in the conclusion to this report

74 Mix of uses

741 The applicant has suggested that it is the significant B8 element of the scheme that makes the proposal stack up but officers would have significant concerns if there was a prospect that the accompanying business and leisure uses were not going to also come forward Clearly the proposed mix of uses for the site is what makes the current application so attractive so it is important that the council does all it can to ensure that the mix is not diluted to a less attractive package

742 In reality it is likely that reserved matters applications will come forward individually as the site gains interest from end-users There is the associated risk that the precise combination of uses could end up being slightly different to that indicated in the application Each reserved matters application would have to be considered on its own merits

Development Control Committee 27 of 100 Date printed 9 November 2011

743 The indicative breakdown of uses that has been put forward in the application (Transport Assessment) is as follows

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

744 As it is not yet known what end-user interest will come forward it would be unduly restrictive to dictate that reserved matters must come forward strictly in line with this indicative mix as a lack of flexibility in this sense could deter take-up on the site However it is recommended that a condition be imposed that stipulates the upper limit of the various types of use class in order to ensure that no one type of use can dominate the development It is also recommended that a condition be imposed that would require the applicant to submit an annual report demonstrating how the site has been actively marketed for the full mix of uses This would maximise the opportunities of getting the most desirable mix of uses for the site but would also mean that the evidence base that is built up in this way could then be used to support decision making on any reserved matters proposal that may come forward that does not strictly line up with the indicative mix

745 Concern was raised that the site of the gateway part of the development may already have planning permission for a B8 warehouse However this permission has expired so there is no prospect of a B8 warehouse coming forward on this part of the site without a further application Any such application would prejudice the aims of the current proposal so is unlikely to be supported unless there is a very strong evidence base that the desired mix of uses are not deliverable

75 Training and employment

751 The applicant has suggested that 1500 jobs would be created as a result of the development Several representations have challenged this assumption and raised fears that these may not be skilled jobs or that the local population may not benefit

752 Clearly the figure is an estimate and is a rounded figure but is considered to be a reasonable estimate based on the job densities used in the North Northamptonshire SELA report It is acknowledged that a large distribution unit could employ anything from 100 to over 1000 staff depending on the nature of the end users operations and that the seasonal variations of the leisure uses would also give rise to uncertainty What is certain is that the development would provide significant additional employment at an existing employment site in an area with a low jobsworkers balance This can only be a good thing for the socio-economics of this part of the district

753 The JPU suggest that a Training and Employment agreement could be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal However in this instance the council is proposing to trial an innovative scheme called Construction Futures which aims to develop high quality skills for local people invests money from developers and government in to the local economy and hence helps to create inclusive communities To summarise the developer would pay a financial contribution to Construction Futures who would in turn use this money to administer and deliver a programme of site-based work experience training and apprenticeships for students of local colleges such as Moulton and Tresham The number of training hours would be determined by the size and nature of the proposed development and could be used in a combination of different ways

Development Control Committee 28 of 100 Date printed 9 November 2011

construction students could gain practical work experience which may include apprenticeships during the construction phase

logistics hospitality leisure or childcare students could benefit from placements at the various businesses that ultimately occupy the new premises

construction firms or end users of the site could go into schools andor colleges to deliver presentations as part of a curriculum

local businesses would benefit from being offered subsidised business development and up-skilling training to meet industry requirements

754 Construction Futures based in Northampton has been securing similar such benefits for schemes dealt with by WNDC for the last few years so has a proven track record of positive outcomes and compliance with the relevant planning legislation The scheme has been increasing in profile in recent months and has generated significant national press interest The applicant has indicated a commitment to the Construction Futures scheme and has agreed to this being worked into the section 106 agreement for the site Further details of the scheme can be found at wwwconstructionfuturesorguk

76 Highways

761 It is proposed that the London Road between the A45 and Warth Park Way Brick Kiln Road be widened to a dual carriageway which would in turn facilitate the need for the connection to the A45 roundabout to be revised The existing roundabout at Brick Kiln Road that forms the site access would be improved and the existing Warth Park Way running into the site would also be widened to a dual carriageway with a new roundabout introduced some 150m into the site close to the first existing junction

762 A detailed Transport Assessment was submitted alongside the application and this takes into account the impact of potential forthcoming development at Northdale End and Darsdale Farm The TA predicts a total traffic generation of some 500 trips both arrivals and departures in the morning peak and some 700 in the afternoon peak The impact on traffic flows at several junctions has been assessed including the A45 roundabout the Brick Kiln Road Warth Park Way roundabout the Meadow Lane Marshall Road junction and the Stanwick Road Wellington Road roundabout

Impact on the strategic highway network

763 The Highways Agencys initial issues with the Transport Assessment have been resolved following the submission of additional information and the HAs initial holding objection has now been lifted The HA are now content with the proposed development and its impact on the A45 The HA are also satisfied with the Framework Travel Plan They confirm that any issues arising from the Road Safety Audit can be resolved during the detailed design stage and direct that conditions be used to secure the necessary improvement works to the A45 roundabout and to require a Non Motorised Users Audit to be carried out and its recommendations implemented

Local transport network

764 The highways officer at NCC has confirmed that he is happy that the proposed highway improvements comprising the improvements to the A45 roundabout dualling of the London Road down to the Warth Park roundabout and the provision of a cycleway on London Road between the Warth Park roundabout and the new toucan crossing should satisfactorily facilitate the development

765 The broad principles of the internal road layout and parking provision are acceptable to the highway authority but the precise design details of these would be agreed for each part of the site as the respective reserved matters applications come forward A condition is suggested that would require a masterplan for the non-B8 element of the scheme to

Development Control Committee 29 of 100 Date printed 9 November 2011

submitted in conjunction with the first of the reserved matters applications for the gateway development Further detail of the internal road parking and access layout would therefore be considered at this stage and we would be able to ensure that pedestrian access from London Road can be facilitated in accordance with the comments of our design advisors

766 The Raunds Masterplan highlights a need for improvements to pedestrian and cycle provision throughout the town Accessibility of the site by bicycle from the local area would be enhanced by the provision of a new cycleway on the west side of London Road linking the new toucan crossing up to the Warth Park Way roundabout where it would link in with the cycle provision within the Warth Park site Conditions can be used to secure the provision of the cycle path on London Road and the design details of the segregated cycleway through the site that would serve to keep cycles separate from the HGV route

767 A particular priority of the Raunds Masterplan is to improve access to leisure opportunities for residents of the town and it would be desirable to ensure that future users of the Warth Park development also have access to local leisure opportunities Meadow Lane a bridleway which runs along the southern boundary of the site and leads to Stanwick Lakes is in a poor condition at present The developer has agreed to make a financial contribution to enable the entire length of Meadow Lane to be improved hence enabling a circular leisure route for workers or visitors to the Warth Park site and improving access to the countryside and Stanwick Lakes for the whole town (see section 7155)

Sustainable Transport and Travel Plan

768 A Framework Travel Plan has been submitted which identifies proposed measures to be implemented on a development wide basis and provides a framework for the preparation of specific travel plans for each individual site forming part of the development as it comes forward The Framework Travel Plan also identifies overall traffic generation limits and a preliminary modal shift target A condition is recommended that would require a more detailed Travel Plan that broadly accords with the Framework Travel Plan to accompany each reserved matters application

769 The number 16 bus is a long standing service that runs past the entrance to the site and the X46 and X47 have also been improved this year The county council feel that is would be feasible to provide a diversion so that a new stop within Warth Park would be served In this regard NCC has requested a financial contribution of pound50000 towards bus services pound5000 of which would be for a new bus shelter on Warth Park Way with the remainder being used to enable an extension to the recently introduced County Connect demand responsive transport (most likely by extending the 7am-7pm operating day by 3 hours to enable shift changeover) This would complement the measures in the Framework Travel Plan and help to facilitate modal choice for potential users of the development from the wide surrounding area

Rights of Way Implications

7610 There is an existing right of way (footpath UG39) that crosses the site in a east-west

direction terminating at the A45 which severs the path (the underpass is slightly further south at the end of Meadow Lane) This right of way has already been diverted between the existing commercial buildings on Warth Park and a further diversion would be required to facilitate the proposed development The applicant proposes to divert the footpath in a northerly direction so that it joins in with the proposed footpath and cycleway that would be created through the development site This would take the form of a segregated track to the north of the HGV access road separating to meander through the landscaped public open space before joining in with the Meadow Lane at the south western corner of the site and enabling convenient crossing of the A45 via the existing underpass

7611

Development Control Committee 30 of 100 Date printed 9 November 2011

Whilst not the shortest or most direct route this proposal would seem to be the logical and most pleasant route for the footpath diversion Unfortunately the Ramblers Association do not share this view Firstly they feel it should be possible to design the scheme around the footpath but this would not be possible due to the scale of the proposed buildings and the topography of the site Secondly they feel that if the footpath has to be diverted the diversion should be routed in a southerly direction in between the proposed warehouse units to join Meadow Lane However officers view is that this would not be a desirable route for the footpath and could well be harmful from a planning out crime point of view

7612 Clearly any diversion of the footpath would need to undergo the formal process of a

section 257 Diversion Order This process is separate to planning permission but must be carried out prior to development commencing (an informative to this effect could be placed on any planning permission) What is important at this stage is that there are at least three possible and feasible routes that the diversion could take and any disagreement about the relative desirability of these routes would be resolved through the formal Diversion Order process Therefore although no final decision has been reached about the ultimate route of the diverted footpath there is no reason why planning permission cannot be granted

77 Design - Illustrative Site Layout

771 The mix of uses proposed for the north eastern corner of the site has potential to provide a positive gateway to Raunds The desire for dual-aspect units which positively address London Road with active frontage and pedestrian access points could easily be facilitated in the detailed design stage As mentioned above a condition is suggested that would require a masterplan for the non-B8 element of the scheme to be submitted in conjunction with the first of the reserved matters applications for the gateway development and it would be expected that these principles would be incorporated into such a masterplan

772 The significant footprint of the three large B8 units and the existing site constraints (a gas main and the natural contours of the site) has dictated to some extent the positioning of these units within the indicative layout The buildings would form a logical extension to the existing phase one warehouse units particularly the large Indesit unit which would be adjacent to the extension and is of comparable scale to the units proposed

773 The proposed road alignment appears logical and workable with separate distinct elements of the scheme each served off their own points of vehicle access The highway and safety implications of the road and parking layout are discussed in the highways section

774 A significant area of public open space is proposed at the western corner of the site This would help to soften the edge of the development and provide a transition into the countryside beyond Attenuation basins would be incorporated into the landscaping which would add visual and ecological interest as well as serving to ensure sustainable drainage of the site

78 Landscape implications and long views of the site

781 The Design Action Manager at the JPU has commented negatively in respect of the landscape and visual impact of the proposed development The JPU comments highlight that the site is part of the Limestone Valley Slopes character area (as defined in the Environmental Character Assessment) hence exhibiting expansive long distance views gently undulating farm slopes with urbanising elements despoiling the edges where town meets country She also refers to the Nene valley being known for its unspoilt beauty and its many views of church spires and historic houses particularly from Twelve Spires Hill where 12 church spires including that of Raunds can be seen together The JPU is concerned that these photomontages show that the bulky form of development on the horizon and spilling down the valley would result in a negative landscape impact by and more specifically would block the view of Raunds church spire from the Nene Valley Way The JPU consider that the

Development Control Committee 31 of 100 Date printed 9 November 2011

development is not of exceptional design and its bulk and position would appear at odds with the gently undulating farmed slopes and hence do not conserve or enhance the landscape character contrary to policies 13 h and o

782 The ridge top location of the proposed development means that it would be visible from a wide area as demonstrated in the series of photomontages that have been submitted with the application The significance of the landscape impact is however a subjective matter and must be weighed against the other material considerations

783 The existing Warth Park buildings are already visible in the wide landscape and the proposed new development would be viewed against this context against the backdrop of the existing units and the whole town The Environmental Character Assessment acknowledges that the edges of this natural valley are already blurred by urbanising elements - in the reasonably near vicinity there are several examples of this at Wellingborough Irthlingborough Rushden Higham Ferrers and Raunds There is also the A45 trunk road running along the eastern slope of the valley creating a physical barrier between the unspoilt valley bottom and the urban settlements to the east In the vicinity of the Warth Park proposals the A45 and the dense wooded areas on its western side create a physical and visual barrier between the valley and the development site It could therefore be argued that this would limit the impression of encroachment into the valley The view of the church spire as shown in photomontage L is an extremely long-distance view (approximately 33km) that is already partly obscured by the existing Warth Park development The presence of other settlement edge uses at Raunds Stanwick and towards Irthlingborough is a consideration as is the natural screening that is anticipated to mature in front of the development over time Whether the additional impact of the new units further severing this view of the spire is significant enough to conclude that this is harmful to the landscape is a matter of subjective judgement which must be weighed against other material planning considerations

79 Landscaping

791 The councils conservation officer has expressed concern about the level of detail that has been submitted in relation to structural landscaping of the site Although the written principles that are described seem broadly acceptable the scheme has not been illustrated on a plan and there is insufficient detail in terms of phasing and implementation This is of particular concern due to the large scale of the proposed development and the need to avoid piecemeal approach to the landscaping given the likelihood that reserved matters will come forward bit by bit

792 Whilst recognising that this is an outline application that does not include landscaping the importance of getting a coherent scheme of structural landscaping throughout a site of this size and avoiding a piecemeal approach to landscaping should not be underestimated In the circumstances it would seem reasonable and sensible to request details of the structural landscaping for the whole site prior to the submission of any reserved matters applications and furthermore to request that the approved structural landscaping is put in place alongside the overall site infrastructure and the construction of the first building

793 Once a coherent structural landscaping scheme has been secured the finer details of landscaping that would come in with each of the subsequent reserved matters applications would be less critical and subject to more flexibility

794 It is recommended that the section 106 agreement incorporates the requirement for a landscape management plan and provisions for ongoing maintenance of the public open space

Development Control Committee 32 of 100 Date printed 9 November 2011

710 Noise

7101 Four residents of London Road Gardner Close Crispin Way and Keston Way have

highlighted that they already suffer noise disturbance from the existing Warth Park in the form of vehicle noise reversing bleepers air conditioningfans loading works and raised voices and that this disturbance is particularly concerning at night These residents are concerned that the disturbance would be worse if the proposed development goes ahead particularly given that the application seeks 24 hour operations Local concern is heightened by the fact that the existing bund on the western side of London Road opposite the football club would be removed as part of the proposals

7102 The application was supported by a Noise Assessment and this has been considered in

detail by the councils Environmental Services officers who conclude that they have no concerns or objections to the proposed development They are content that the removal of the existing bund would not adversely impact on nearby residential properties The noise assessment demonstrates that current guidelines relating to noise from this type of development would be met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels

7103 In the light of this technical advice from the councils noise experts it would be

extremely difficult to substantiate a reason for refusal on the grounds of noise disturbance However conditions are recommended to ensure that the proposed mitigation is put in place and that construction works are restricted to certain hours

711 Ecology

7111 The application was accompanied by ecological submissions both as part of the ES

and following in later specific studies The proximity of the Upper Nene Gravel Pits SPA and SSSI and the likely impact of the development on this designated site is an important consideration that has been taken into account The impact on wider biodiversity of the site in particular bats and birds and the effect on soils and green infrastructure have also been considered

7112 Both the Northamptonshire Wildlife Trust and Natural England have considered in

detail the ecological submissions and they confirm that these are acceptable is scope content and robustness These consultees therefore have no objections to the proposals subject to conditions ensuring

the development is carried out in accordance with the recommendations within section 116 of chapter 11 of the ES regarding ecological retention protection enhancement and future mitigation measures particularly to ensure that habitat enhancement opportunities within the retained open spaces are maximised

the soil resources particularly the topsoil should be used sustainably and the works should be overseen by an appropriately experienced soil specialist

7113 Concern has been raised by an objector about the impact on red kites However further discussion on this matter with both the Wildlife Trust and a local bird specialist recommended by the Wlidlife Trust would suggest that the proposed development would not give rise to significant concern

Development Control Committee 33 of 100 Date printed 9 November 2011

712 Flooding

7121 A sustainable urban drainage system in the form of attenuation basins and swales is proposed for the site to manage the impact of the development on drainage A Flood Risk Assessment has also been carried out for the site The initial objection of the Environment Agency has been overcome by the submission of a revised Flood Risk Assessment The EA has therefore withdrawn its objection in relation to flood risk subject to a condition specifying the technical approach to run-off and stipulating that any alternative approach would necessitate further discussion

7122 It is clear from the response that the EA has taken account of the nearby Hogs Dyke in its consideration of the FRA Given the location and topography of the site the council is not aware of potential flood risk from any other source Subject to compliance with the suggested condition the development would be in accordance with PPS25

713 Archaeology

7131 Several archaeological programmes have been carried out which demonstrate the

presence of Iron Age Roman and Saxon activity over a wide area of the site The medieval activity on site is likely to be peripheral to the village of Mallows Cotton which is now a Scheduled Monument and is separated from the site by the modern A45 Despite the investigative works that have already been undertaken by the applicant on site a condition requiring a further programme works is recommended to record and advance an understanding of any assets in accordance with PPS5 and the advice of the County Archaeologist

714 Sustainability

7141 The proposal would achieve BREEAM very good in accordance with policy 14 of the

CSS However policy 14 also contains a target for 30 of energy demand be met by renewables but the current proposal only provides for 10

7142 The sustainability officer at JPU has indicated that the measures proposed such as

solar water heating air source heat pumps sustainable drainage systems are a good start but she feels that further measures should be considered for a development of this scale or at the very least there should be an economic or technical submission justifying why the 30 target cannot be more closely met She has suggested a condition similar to that used on other schemes which requires a strategy to be submitted with each reserved matters application

to demonstrate how a target of at least 30 (minimum 10) of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply or

if the 30 target cannot be met the energy strategy should be accompanied by a technical and economic viability assessment to justify the shortfall

Development Control Committee 34 of 100 Date printed 9 November 2011

715 Section 106 contributions

7151 The development is of a size which generates a need for social and community

infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7152 In considering whether contributions are justified and can be sought Members must

have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

7153 Members also need to be mindful that the current basis for seeking contributions is the

Councilrsquos SPD in relation to developer contributions

7154 The following is a summary of the main headlines under which section 106

contributions have been negotiated

Meadow Lane

7155 Upgrading of Meadow Lane to facilitate access to Stanwick Lakes is a priority to both

ENC and NCC and the developer has agreed to contribute pound60000 towards this which NCC has advised should be sufficient to re-surface the entire length of Meadow Lane with a permeable hardcore or similar A specification for the upgrading works has been provided by NCC and this would suitably accommodate cyclists pedestrians horses and farm vehicles

Cycleway for London Road

7156 In terms of achieving connectivity of the site to Raunds town centre the developer has

agreed to provide a cycleway on the western side of London Road travelling north from the new toucan crossing outside the cemetery up to the Warth park roundabout and into the site This is in accordance with the request of NCC

Buses

7157 NCC initially asked for pound80000 (pound15000 a year for five years plus a further pound5000 for

a bus shelter just inside the application site) with reference to possibly diverting the recently improvedextended services 16 X46 and X47 to a new stop inside the Warth Park development and enhancing the new County Connect demand responsive service in order to enable a large catchment to reach the site

7158 In a later representation NCC revised this request downwards to pound50000 (pound15000 a

year for three years plus a further pound5000 for a bus shelter) the justification for this being

Development Control Committee 35 of 100 Date printed 9 November 2011

bull a training contribution (Construction Futures) and other calls on land value have not been required of other schemes

bull other developments may well also be contributing to bus services bull demands and revenue from this site and other schemes can be expected to cover an

increasing portion of costs

Training and development

7159 Construction Futures is a new approach to gaining contributions towards securing

training opportunities for local young people The section 106 agreement would require the developer to sign up to providing a certain number of training hours for young people from local colleges Exactly how the training hours are used would be negotiated after the agreement is signed (see earlier section for more detail of how this could work) On top of the requirement to provide training hours there would also be a financial contribution of approximately pound100000 associated with this that would go towards the administration and co-ordination of the scheme

Raunds town centre

71510 In line with the approach taken on the Northdale End site the developer has agreed to

pay a pound20000 financial contribution towards improvements for Raunds town centre Rather than specify this be used for shop fronts it is envisaged that this could better be used as more of a civic community improvement fund

Open Space

71511 The developer is proposing to provide and maintain the on-site open space at no cost

to Raunds Town Council A maintenance programme would therefore need to be secured as part of the section 106 agreement

Other matters not pursued in the S106

71512 Improvements to pedestrian access between Raunds and Ringstead were considered but under the tests of CIL these were not felt to be sufficiently justified

8 Conclusions

81 The planning policy evaluation highlights the deficiencies with the PPS4 sequential and impact assessment that has been undertaken by the developer Nonetheless PPS4 also provides that in the absence of any evidence of harm the development should be assessed on the basis of its positive and negative impacts in the light of current policy and other material planning considerations

82 The remainder of the planning policy evaluation shows a great deal of support for the proposed development in terms of its fit with PPS1 the Ministerial Statement ndash Planning for Growth the Draft National Planning Policy Framework the East Midlands Regional Plan the North Northamptonshire Core Spatial Strategy the Raunds Masterplan and the councils own (non-statutory) corporate policies

83 Apart from a subjective disagreement about the extent to which visual harm will result to the wider landscape and the limitations of the sequential impact assessment there is no evidence that harm will result from the proposal In fact the benefits of the scheme are considered to far outweigh the disbenefits particularly in relation to local employment creation economic regeneration social inclusion sustainable transport and accessibility and inclusive design which would create an enhanced entrance to Raunds

Development Control Committee 36 of 100 Date printed 9 November 2011

84 Therefore on balance it is recommended that planning permission should be granted

85 It should be noted that the application falls within the scope of the Consultation Direction (circular 022009) which requires local planning authorities to consult the Secretary of State before granting planning permission for certain types of development The current proposal falls within this scope as it is within the definition of section 5(1) of the annex therein which includes development outside town centres further defined as development which consists of or includes retail leisure or office use and which (a) is to be carried out on land which is edge-of-centre out-of-centre or out-of-town and (b) is not in accordance with one or more provisions of the development plan in force in relation to the area in which the development is to be carried out and (c) consists of or includes the provision of a building or buildings where the floor space to be created by the development is 5000 square metres or more

9 Recommendation

91 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

10 ConditionsReasons -

1 Development shall not commence until details of

a) the layout of the new development

b) the scale of the new development

c) the appearance of the new development and

d) the landscaping of the site (hereinafter called the reserved matters) shall be obtained from the local planning

authority Reason The application is in outline only and the reserved matters referred to will

require full consideration by the local planning authority

2 Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

3 The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

4 The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall thereafter be constructed in accordance with the slab levels that have been approved in writing by the local planning authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

Development Control Committee 37 of 100 Date printed 9 November 2011

5 Prior to the commencement of each part of the development full details of all external materials including finish and colour scheme shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with the approved details

Reason In the interest of amenity

6 Prior to the commencement of each part of the development hereby permitted details of the location height design and materials of any boundary treatments shall be submitted to and approved in writing by the Local Planning Authority and all such works shall be erected concurrently with the erection of the buildings Such approved details shall be erected and retained in perpetuity thereafter

Reason To ensure that the appearance of the development is satisfactory and that it contributes to the visual character and amenity of the area

7 Prior to the occupation of the development the works hereby permitted shall be constructed in accordance with BWB drawing NTT672SK01P5 dated 092011 (in respect of works to the trunk road network) Any revisions that may be required resulting from the implementation of the recommendations of the Road Safety Audit shall be approved in writing by the local planning authority in consultation with the Highways Agency

Reason In the interest of highway safety

8 No part of the development hereby approved shall be occupied until a Non Motorised Users Audit has been undertaken and the recommendations therein have been implemented

Reason In the interest of highway safety and sustainable transport

9 No development shall commence until a scheme for off-site highway improvement works (comprising improvements to the A45 roundabout (Highways Agency control) and duelling of the northern portion of London Road associated works to the Warth Park roundabout and provision of cycleway on the western side of London Road (NCC control)) has been submitted to and approved in writing by the local planning authority None of the premises hereby permitted shall be occupied until all of the off-site highway works have been carried out and written confirmation has been provided by the local planning authority that these works are acceptable

Reason In the interest of highway safety

10 Prior to the first occupation of any of the buildings on site a cycleway shall be provided adjacent to the west side of London Road in accordance with full details which shall have been submitted to and approved in writing by the local planning authority

Reason In the interest of promoting sustainable transport

11 Prior to the commencement of development design details of the segregated cycleway through the northern end of the site and through the open space shall have been submitted to and approved in writing by the local planning authority Development shall then proceed in accordance with the approved details

Reason To ensure a safe and attractive route for cyclists through the site

12 All reserved matters submissions shall accord with the principles contained within the Framework Travel Plan and a further detailed Travel Plan shall be submitted in conjunction with each reserved matters submission for each part of the development hereby permitted The detailed submissions shall cover pedestrian cycle and public transport linkages within and outside of the site as well as prospective management arrangements for future occupiers of the development and shall identify the mechanisms by which the Travel Plan proposals are to be delivered the targets and the timing of delivery

Reason In the interests of promoting sustainable transport

Development Control Committee 38 of 100 Date printed 9 November 2011

13 No more than 105073 sq m of floorspace is permitted under this outline permission within which no more than 6050 sq m shall be for A3-5 C1 or D1-2 uses and within which no more than 1500 sq m shall be for D2 use (health and fitness) no more than 2500 sq m shall be for C1 use (hotel) no more than 300 sq m shall be for D1 use (nursery) and no more than 2500 sq m shall be for A3-A5 uses (food and drink) No more than 3348 sq m of the total floorspace shall be for B1 uses and no more than 100000 sq m of the total floorspace shall be for B8 uses

Reason To ensure an appropriate mix of uses on the site

14 On the first anniversary and each subsequent anniversary or any other such period as agreed in writing by the LPA of the granting of outline planning permission a report shall be submitted to the LPA demonstrating how the site has been marketed for the full mix of uses applied for in the outline application This report shall include though not exclusively the marketing material and marketing media used during the previous year numbers and types (including general company size and sector) of inquiries received during the previous year locational origin of these inquiries inquiry requirement (by size and building type) together with explanation of why the inquiry has or has not progressed

Reason to ensure that the full mix of uses permitted by the planning permission is delivered on the site and is among other material considerations in accordance with market demand

15 The first reserved matters application made for the areas to the north of the existing Warth Park (all buildings except the three large warehouses) shall include a masterplan for these areas including access (pedestrian cycle vehicle) location of buildings frontages and entrances (including relationship with London Road) parking and service areas and principle landscaping No building within this masterplan area shall be commenced until the masterplan is agreed in writing by the LPA Subsequent reserved matters submissions for these areas shall accord with the design principles within the approved masterplan unless otherwise agreed in writing when further reserved matters applications are made

Reason To ensure that the reserved matters applications for this area are coordinated and that the area is properly connected to the surrounding area

16 In conjunction with the reserved matters submission for each part of the site an Energy Strategy for the energy supply incorporating renewables andor from decentralised renewable or low carbon sources shall be submitted to and approved in writing by the Local Planning Authority The strategy shall demonstrate how a target of at least 30 with a minimum of 10 of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply in accordance with the approved Energy Strategy Framework If the 30 target cannot be met a technical and economic viability assessment shall be submitted together with the energy strategy for the approval of the Local Planning Authority The strategy shall include details and a timetable of the physical works on site The strategy shall be implemented as approved and retained operational thereafter unless otherwise agreed in writing by the Local Planning Authority

Reason In the interests of sustainable development and energy efficiency in accordance with PPS 1 and the supplement to PPS 1 PPS 22 Policy 2 of the East Midlands Regional Plan and Policy 14 (a) (iii) of the CSS for North Northamptonshire

17 Prior to commencement of any development a comprehensive landscape masterplan including full details of the structural landscaping of the site shall be submitted to and agreed in writing by the local planning authority The approved structural landscaping shall be implemented during the first planting season following the completion of the first building on site unless otherwise agreed in writing by the local planning authority Any planting forming part of the approved landscaping scheme which dies or becomes diseased within 5 years of planting shall be replaced in accordance with details to be submitted to and approved in writing by the local planning authority

Development Control Committee 39 of 100 Date printed 9 November 2011

Reason To ensure that structural landscaping is delivered in a comprehensive manner and to assist with mitigating the visual impact of the scheme on the surrounding area

18 The structural landscaping will be maintained by the applicant or an organisation appointed by the applicant and notified to the LPA as publicly accessible open space in accordance with details to be submitted to and approved in writing by the local planning authority subject to any limitations to ensure its proper functioning for surface water drainage Access to this area shall commence upon completion of the structural landscaping or as otherwise agreed in writing by the local planning authority

Reason To ensure that there is public access to the area of open space

19 Development shall proceed in accordance with the recommendations in section 116 of chapter 11 of the ES (received by the local planning authority 2 June 2011) regarding ecological retention protection enhancement and future mitigation measures unless otherwise agreed in writing by the local planning authority

Reason In the interests of ecological protection and ensure that enhancement opportunities are maximised

20 Each stage of the development shall proceed in accordance with a strategy for the sustainable use of soil and topsoil resources which shall be submitted to and approved in writing in conjunction with each reserved matters application This strategy shall include details of the arrangements by which an appropriately experienced soil specialist will oversee the development

Reason To ensure the sustainable use of soil

21 The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved by the Local Planning Authority (LPA) and until the scope of works approved therein have been implemented where possible The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination andor pollution of controlled waters It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the sites existing status and proposed new use Two full copies of the site investigation and findings shall be forwarded to the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo If during development contamination not previously considered is identified then the LPA shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the LPA

Reason To ensure all contamination within the site is dealt with

22 Where the risk assessment identifies any unacceptable risk or risks an appraisal of remedial options and proposal of the preferred option to deal with land contamination andor pollution of controlled waters affecting the site shall be submitted to and approved by the LPA No works other than investigative works shall be carried out on the site prior to receipt and written approval of the preferred remedial option by the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo

Reason To ensure the proposed remediation plan is appropriate

23 Remediation of the site shall be carried out in accordance with the approved remedial option No deviation shall be made from this scheme without the express written agreement of the LPA

Reason To ensure site remediation is carried out to the agreed protocol

Development Control Committee 40 of 100 Date printed 9 November 2011

24 On completion of remediation two copies of a closure report shall be submitted to the LPA The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s) Post remediation sampling and monitoring results shall be included in the closure report

Reason To provide verification that the required remediation has been carried out to the required standards

25 Development shall not begin until a detailed scheme for the provision implementation ownership and maintenance of the surface water drainage for the site in accordance with the additional response to the Environment Agency objection Environmental Infrastructure amp Flood Risk undertaken by RPS (ref ABA5007 revision A dated 26 September 2011) has been submitted to and approved by the local planning authority The detailed scheme shall be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storage of disposal of surface water from the site and to ensure future maintenance of the surface water drainage system

26 No development shall take place until the applicant or their agents or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority

Reason To ensure that features of archaeological interest are properly examined and recorded in accordance with PPS5 Policy HE12

27 No construction works that cause noise to be audible outside the site boundary shall take place outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays This includes deliveries to the site and any work by contractors or sub contractors

Reason In the interests of residential amenity

28 Prior to the commencement of any part of the development hereby permitted a Construction Management Plan shall be submitted to and approved in writing by the local planning authority The Construction Management Plan shall include and specify the provision to be made for the following

i Overall strategy for managing environmental impacts which arise during construction ii Measures to control the emission of dust and dirt during construction iii Control of noise emanating from the site during the construction period iv Hours of construction work for the development and hours that construction traffic shall

access and egress the site v Contractorsrsquo compounds materials storage and other storage arrangements cranes and

plant equipment and related temporary infrastructure vi Designation layout and design of construction access and egress points viiInternal site circulation routes viii Directional signage (on and off site) ix Provision for emergency vehicles x Provision for all site operatives visitors and construction vehicles loading and unloading

plant and materials xi Provision for all site operatives visitors and construction vehicles for parking and turning

within the site during the construction period xiiDetails of measures to prevent mud and other such material migrating onto the highway

from construction vehicles xiii and other similar debris on the adjacent public highways xiv Routing agreement for construction traffic xvStorage of plant and materials used in constructing the development

Development Control Committee 41 of 100 Date printed 9 November 2011

xvi Enclosure of phase or development parcel development sites or development parcels and the erection and maintenance of security hoarding including decorative displays and facilities for public viewing where appropriate

xvii Waste audit and scheme for waste minimisation and recyclingdisposing of waste resulting from demolition and construction works

The approved Construction Management Plan shall be adhered to throughout the construction period and the approved measures shall be retained for the duration of the construction works

Reason In the interests of safety and local amenity

29 Prior to the commencement of each part of the development a lighting scheme for the relevant part of the development shall be submitted to and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these approved details

Reason In the interest of amenity and crime prevention

30 Prior to the commencement of development a scheme and timetable for the provision of fire hydrants shall be submitted to and agreed in writing by the local planning authority and provision of fire hydrants shall be made in accordance with the scheme and timetable

Reason To ensure a satisfactory form of development

31 Each reserved matters submission shall include full details of hard and soft landscape works for that part of the scheme These details shall include the proposed finish levels or contours means of enclosure car parking layouts other vehicle and pedestrian access and circulation areas bin storage and hard and soft surfacing materials All hard and soft landscape works shall be carried out in accordance with the approved details The works shall be carried out prior to the occupation of the relevant part of the development or in accordance with a programme agreed in writing by the local planning authority All planting seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting seasons following the occupation of the buildings or the completion of the development whichever is the sooner and any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the local planning authority gives written approval to any variation

Reason In the interest of visual amenity

Informatives

1 In approving this application the content of the submitted Environmental Statement has been taken into account The relevant planning guidance and policies were identified as PPS1 PPS4 PPS7 PPS9 PPG13 PPS22 PPG24 PPS25 East Midlands Regional Plan Policies 1 2 11 18 20 21 22 North Northamptonshire Core Spatial Strategy 2008 policies 1 8 9 11 13 and 14 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development mix of uses employment creation impact on highways sustainable transport righs of way designlandscape impact landscaping noise ecology flooding archaeology and sustainability The application has been approved as

The principle of the development is acceptable when weighing all planning policies and material considerations

the impact of the proposal on the vitality and viability of existing centres would be minimal

Development Control Committee 42 of 100 Date printed 9 November 2011

The proposal would give significant benefits to the district particularly in respect of local employment creation and economic regeneration

The proposal would not have an unacceptable impact on the local or strategic highway network

The development would not cause significant harm to the visual amenity or character of the area

The proposal would not have a significant impact on the amenities of neighbouring occupiers

The proposal would be accessible by means of transport other than the car

2 Guidance on the sustainable use of soil resources can be found in Defra Construction Code of Practice for the Sustainable Use of Soils on Construction Sites (see httpwwwdefragovukpublicationsfilespb13298-code-of-practice-090910pdf)

3 The proposed surface water scheme should be in accordance with the additional response to Environment Agency objection Environmental Infrastructure amp Flood risk (ref ABA5007 revision A dated 26 September 2011) which restricts run-off to Qbar If the developers wish to pursue the alternative strategy of restricting the sit to Q30 further discussion will be required given the historic nature and lengthy background to Warth Park and works to Hogs Dyke

4 The highway proposals associated with this consent involve works within the public highway which is land over which the developer has no control The Highways Agency therefore requires the developer to enter into a suitable agreement to cover the design and construction of the works Please contact Mr Alan Darby of the Agencys Area 7 network Delivery and Development Directorate 0121 687 4165 at an early stage to discuss the details of the highway agreement

5 A Site Waste Management Plan will be required for the development hereby approved

6 Notwithstanding the terms of this planning permission a separate application under section 257 of the Town And Country Planning Act for a Diversion Order in relation to the public right of way known as UG39 must be made and approval granted before any development can proceed

7 The plans to which this decision relates are

Development Control Committee 43 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 25 October 2011

Case Officer Carolyn Tait EN1101054FUL

Date received Date valid Overall Expiry Ward Parish 7 July 2011 7 July 2011 1 September 2011 Rushden Bates Rushden

Applicant Mr And Mrs N Richards

Agent Sidey Design Architecture

Location 169 Bedford Road Rushden Northamptonshire NN10 0SA

Proposal Single storey side extension to existing annex (Resubmission of 1100425FUL)

This application is brought before Development Control Committee at the request of a local Ward Member

1 Summary of Recommendation

11 That permission be REFUSED

2 The Proposal

21 This application is a re-submission of a previously refused scheme for the erection of a single storey side extension to an existing annex The previous application was refused for being tantamount to the creation of a separate dwelling in the open countryside which would have appeared out of character with the prevailing built form which is characterised by large dwellings set in spacious plots It was also refused as the rear wing of the house would have been out of proportion with the original dwelling which would have resulted in an unacceptable impact on the character and appearance of the surrounding area the open countryside and the host dwelling

22 The previous extension reference 1100425FUL measured approximately 9 metres in length by 63 metres in width by 47 metres in height and accommodated a kitchen a dining area a bedroom a wet room and a closet This proposal would measure approximately 5 metres in length by 63 metres in width by 47 metres in height and would accommodate a bedroom a studio room a shower room and a large closet

3 The Site and Surroundings

31 The application site accommodates a detached dwellinghouse set back 232 metres from the A6 (Bedford Road)

32 The dwelling already has a single storey rear extension which accommodates a lounge a kitchenette a shower room and a bedroom

33 Nearby dwellings are parallel to the A6 but differ in their character and appearance

Development Control Committee 44 of 100 Date printed 9 November 2011

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS7 ndash Sustainable Development in Rural Areas

42 East Midlands Regional Plan Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development On 10th November 2010 the High Court ruled that the Secretary of States decision to

revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements Policy 9 ndash Distribution and Location of Development Policy 13 General Sustainable Development Principles

44 East Northamptonshire Local Plan RU2 ndash Provision for residential infilling in the Avenue Road area of Rushden

45 Supplementary Planning Guidance Residential Extensions and Alterations Design Guide

46 Other Documents The Three Towns Plan Preferred Options Document

5 Relevant Planning History

51 0300377FUL Single storey rear extension PERMITTED

52 1100425FUL Single storey extension to existing annex REFUSED The two refusal reasons were as follows

bull The proposed extension would by virtue of its internal layout and scale be tantamount to the creation of a new dwelling in the open countryside and therefore is contrary to PPS7 A separate dwelling in this location would appear out of character with the prevailing built form which is characterised by large dwellings set in spacious plots bull The proposed extension by reason of its scale bulk design and cumulative impact would result in the rear wing of the house being out of proportion with the original dwelling This would have an unacceptable impact on the host dwelling on the character and appearance of the surrounding area and on the open countryside and therefore is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy and the Supplementary Planning Guidance for Residential Extensions and Alterations Design Guide

This most recent application has been re-submitted to try and overcome these two reasons for refusal

6 Consultations and Representations

61 Neighbours No comments received

Development Control Committee 45 of 100 Date printed 9 November 2011

62 Town Council No objection

63 Site notice posted 25 July 2011 on a post at the entrance to the site

64 A letter was received from the applicantrsquos agent on 17 August 2011 to support the application and can be summarised as

bull A new application was submitted on 5 July 2011 reference 1101054FUL with a reduced depth to the single storey extension The original host dwelling is a two storey four bedroom property with rear wing that was built in the 1920s The original two storey annex was applied for and approved in 2003 (0300377FUL) It was built during 2004 The depth of the host dwelling is 176 metres The depth of the extended annex is 104 metres The annex extension is less than 5 metres in depth and is single storey It is proposed to have a lower ridge than the existing annex and is propose to be treated with shiplap boarding in contrast with the existing extension and in keeping with an existing detached outbuilding in the grounds It is a large plot and the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area

bull Strongly believe that both the original proposal and the resubmitted proposal are not contrary to PPS7 or Policy 13h of the North Northamptonshire Core Spatial Strategy

bull It appears that the main reason for the previous refusal is the perception of the creation of an additional dwelling in the open countryside This could be dealt with by condition or a legal agreement

bull A recent planning appeal decision APPL3245D112151635 was allowed This application was for additional annex accommodation to a property located in open countryside The decision was given in favour because the Inspector confirmed that a suitable condition could be put in place in accordance with circular 1195

bull Strongly believes that this current application should be given due and proper consideration in light of this appeal decision

bull The proposal complies with Policy 13h of the North Northamptonshire Core Spatial Strategy in that it is a quality design subservient to the original property

bull The applicant would be willing to accept a condition or enter into a Section 106 agreement should it be necessary to ensure the annex remains ancillary to the main dwelling With a suitable condition the proposal would comply with PPS7 as it would not form a separate dwelling in the open countryside

bull Permission has recently been granted for two two storey annexes in Wellingborough WP20110023F and Rugby R102116 Both of these had self contained accommodation and were in the open countryside The retention as an annex was dealt with by way of a condition

7 Evaluation

71 The following considerations are relevant to the determination of this application

72 Principle of development Tantamount to the creation of a separate dwelling

721 The site is located outside of the built up area of Rushden as identified in the adopted Local Plan and the Three Towns Plan Preferred Options Document It is within ribbon development built along Bedford Road The character of the area remains one dominated by dwellings in linear form each fronting the highway despite the precise set back of dwellings being varied

Development Control Committee 46 of 100 Date printed 9 November 2011

722 Whilst the proposal is described as an extension to a dwelling due to the size internal layout and layout of the site it would be tantamount to the creation of a separate dwelling and needs to be assessed as such

723 This application has reduced the size of the proposed extension as well as altering the internal layout since the previously refused application This proposal no longer includes a kitchen or a dining room

724 Despite the amendments the proposal is still considered to be tantamount to the creation of a separate dwelling as it would accommodate a bedroom closet and shower room These would be directly linked to the existing internal arrangements which comprise a lounge kitchenette shower room wc lobby and utility area with an upstairs studio room (that could become a second bedroom) This accommodation is in addition to the internal arrangement of the main dwelling It would be easy to section off an area of the private garden as both the lounge and proposed bedroom would have separate entrance and back doors The proposed accommodation would be in excess of what would be typical from a linked and dependant annex The accommodation could also be considered more extensive then many new dwellings By simply closing off an internal door this could create an independent dwelling in its own right with no dependence on the main dwelling The proposal would be within the open countryside and would be independent from the main dwelling as it would not rely upon any of the facilities of the main house

725 Case law states that for a building to be incidental the function of the space provided must be subordinate to the basic or primary accommodation to be expected at a dwellinghouse rather than being an incident of that main use Thus a building which is to contain facilities such as a lounge kitchenette two shower rooms lobby utility room and two bedrooms is not considered to be incidental to the enjoyment of a dwellinghouse and as such forms a separate unit

726 The applicantrsquos agent states in their comments that a condition could be added to any permission granted to ensure that the proposal remains ancillary to the existing dwelling The agent made reference to an appeal APPL3245D112151635 and states that this appeal was allowed because the Inspector felt that a condition could be added to restrict the proposal from becoming a separate residential unit A copy of the appeal decision can be found at Appendix 1

727 This was an application which sought planning permission to convert the ground floor garage space of an annex into additional living accommodation without complying with a condition attached to planning permission 108860P The condition in dispute stated that lsquoNotwithstanding the provisions of Part 1 of the Town and Country Planning General Permitted Development Order 1995 the garage area of the barn shall not be used as overspill residential accommodation without the prior consent of the District Planning Authorityrsquo

728 The Inspector allowed the appeal and granted planning permission for the conversion of the ground floor garage space with a condition that it remain ancillary to the residential use of the main dwelling

729 The Inspector considered that a condition could be added for the accommodation to remain as ancillary to the main dwelling as it was not possible for it to become a separate dwelling He considered that the creation of a separate dwelling at the appeal site would not be in a sustainable location and that creating a separate dwelling would not be practical The Inspector considered that the annex would not have had enough amenity space to function comfortably as a separate dwelling The Inspectorrsquos opinion was that this would have significantly reduced the likelihood that the barn could have been successfully used as an independent property

Development Control Committee 47 of 100 Date printed 9 November 2011

7210 It is considered that this current application at 169 Bedford Road could be converted into a separate dwelling for the reasons given at paragraph 724 It would have sufficient amenity space parking space and the internal layout would allow it to function independently from the main dwelling Therefore in this instance a condition would not be appropriate as an application could be submitted at a later date for a separate dwelling and the local planning authority would have difficulty refusing it because of the building already being in existence As such this proposal can not be compared to the appeal decision which the applicantrsquos agent has referred to

7211 The applicantrsquos agent also refers to two other recent decisions one in Wellingborough and one in Rugby However each application is treated on its individual merits and for the reason stated at paragraph 7210 the proposal can not be permitted subject to a condition for the proposal to remain ancillary to the existing dwelling

Planning Policy

7212 Policy 9 of the North Northamptonshire Core Spatial Strategy states that development in the open countryside will be strictly controlled and that priority will be given to the reuse of suitable previously developed land and buildings within the urban areas followed by other suitable land in urban areas Despite being within the curtilage of an existing dwelling the proposal would not be sited within the existing built up area and is therefore considered to extend into the open countryside to the rear

7213 Policy RU2 of the East Northamptonshire Local Plan states that planning permission will normally be granted for residential infilling or redevelopment in Bedford Road Avenue Road and Newton Road where it relates to land within the built up area has a frontage to the highway and a depth similar to adjoining residential curtilages and does not result in a backland form of development Whilst the proposal is within the built up area of the Bedford Road it would not comply with this policy as it would not have a highway frontage would not be of a depth similar to adjoining residential curtilages and would result in backland development

7214 Whilst each application is treated on its individual merits the following appeal decision was one that was dismissed at 84 Avenue Road Rushden on 30 June 2008 (APPG2815A072061769) A copy of this appeal decision can be found at Appendix 2 Members should take this decision into account when determining the current proposal as it relates to Policy RU2 of the East Northamptonshire Local Plan

7215 The proposal was for a separate annex to the rear of an existing dwelling It was refused because the annex by nature of its location scale siting design and use would have resulted in and adverse impact on the character and built form of the settlement and would have had an unacceptable intrusion upon the open countryside

7216 The proposal was considered contrary to Policy RU2 of the Local Plan and PPS1 and PPS7 In addition to these policies it was considered contrary to GEN2 and H21 of the Local Plan However these policies are no longer saved The Inspector stated that the proposed development would not have met the criteria of Policy RU2 as it would have created backland development would not have had a highway frontage and would not have had a depth of plot similar to neighbouring development He went on to state that the proposed development would not have been sited within the built up area despite being proposed within the curtilage of the existing dwelling

7217 The site had an open character to the rear and consequently the Inspector considered that due to the proposals scale and design it would have intruded visually in a harmful way into the countryside area at the rear of the development The Inspector concluded that the proposal would have had a harmful effect on the character and appearance of the area and would not have conformed with RU2 of the Local Plan

Development Control Committee 48 of 100 Date printed 9 November 2011

7218 The applicantrsquos agent strongly believes that the proposal is in accordance with PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy PPS7 states that local planning authorities should strictly control new house building (including single dwellings) in the countryside away from established settlements or from areas allocated for housing in development plans This proposal would result in a new dwelling in the open countryside away from the main settlement of Rushden and as such is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping respect and enhance the character of its surroundings and be in accordance with the environmental character of the area The proposal would result in backland development which would not respect or enhance the character of its surroundings and as such would be contrary to Policy 13h of the North Northamptonshire Core Spatial Strategy

73 Visual impact 731 The second reason for refusal on the previous application related to the proposals scale bulk design and cumulative impact and the visual harm that would have been caused on the character and appearance of the surrounding area open countryside and the main dwelling

732 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping and that it should respect and enhance the character of its surroundings and be in accordance with the environmental character of its surroundings

733 The proposed extension would increase the size of the host building but not to a scale or extent which would appear overwhelming in the context of the whole site It would remain physically subservient to the existing extension and as such would be in accordance with the Residential Extensions and Alterations Design Guide However the potential use as an independent dwelling would be out of character with the prevailing built form which is characterised by large dwellings set in large plots which front Bedford Road This would be to the detriment of the wider surrounding area and contrary to advice in PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy

734 The applicantrsquos agent has commented that the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area However it is felt that the size of the proposal would lead to the creation of a dwelling within the open countryside which would be contrary to planning policy

74 Neighbouring amenity 741 Due to the scale nature and location of the extension it would not affect neighbours in terms of overlooking overshadowing or overbearing

8 Other issues

81 Adequate private amenity space would remain

82 Crime and Disorder - This application does not raise any significant issues

83 Access for Disabled ndash The proposal would not be subject to any public access and therefore does not raise any concerns

9 Recommendation

91 That permission be REFUSED for the following reasons

Development Control Committee 49 of 100 Date printed 9 November 2011

10 ConditionsReasons -

1 The proposed extension would by reason of its internal layout size and positioning be tantamount to the creation of a separate dwelling in the open countryside It would be contrary to PPS7 which aims to protect the open countryside for itrsquos own sake A separate dwelling in this location would create a form of backland development away from the built up area of Rushden and as such would appear out of character with the existing ribbon development along the Bedford Road which is characterised by large dwellings in spacious plots which face the highway The proposal would therefore be contrary to PPS7 Policies 1 9 and 13h of the North Northamptonshire Core Spatial Strategy and Policy RU2 of the East Northamptonshire Local Plan

Informatives

1 The drawings to which this decision relates are as follows Plans received by the local planning authority on 7 July 2011 drawing number 11-020-

01 Existing and proposed plans and elevations site and location plans

Development Control Committee 50 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 26 October 2011

Case Officer Sue Wheatley EN1101102FUL

Date received Date valid Overall Expiry Ward Parish 18 July 2011 29 July 2011 28 October 2011 Thrapston Lakes Thrapston

Applicant MREF II PM Ltd Co Moorfield Group Ltd

Agent Katie Brown - Street Design Partnership

Location Plots 11 To 14 Haldens Parkway Thrapston Northamptonshire NN14 4QS

Proposal Proposed extension to existing distribution building with associated parking landscaping and temporary construction access

This matter is brought before the Development Control Committee due to the amount of floor area proposed

1 Summary of Recommendation

11 That permission be GRANTED

2 The Proposal

21 This is a full application for a 13540 square metre extension to the Primark distribution depot The existing floorspace is 57713 square metres The extension is located along the northern and approximately half of the eastern side of the existing building The proposal will require the width and height of the existing landscape bund to be reduced Further details of this are provided within section 79 of this report It is proposed that the cladding for the extension be graduated from dark to light from ground to sky Three new dock leveller doors are proposed in the north western elevation and one in the south east elevation

23 The application was accompanied by the following documents

bull Planning Statement and Economic Justification bull Primark Operational and CSR Statement bull Design and Access Statement bull Transport Assessment (TA) bull Flood Risk Assessment (FRA) bull Protected Species Survey bull Landscape Report bull Landscape Management Report

24 It is advised that the application has been submitted as a direct response to Primarkrsquos operational needs The depot which is operated in conjunction with DHL is one of two which serves the whole of the countryrsquos retail outlets It is already we are advised operating over capacity and further space is needed to meet Primarkrsquos next phase of UK expansion

Development Control Committee 51 of 100 Date printed 9 November 2011

25 The Design and Access Statement indicates that Primark has sought to balance the need to protect long distance views towards the site against the internal spatial requirements of the business They advise that the efficient operation of a distribution centre dictates how a building needs to be laid out The building includes racking lines which have been designed to optimise picking of goods These are 115m high 275m wide with an operating aisle of 3m

26 During the course of the consideration of the application an Addendum to the TA was submitted together with revised drainage information

3 The Site and Surroundings

31 The application site is on the edge of an existing industrial park known as Haldenrsquos Parkway which is located at the entrance to Thrapston There are industrial units to the west but open countryside immediately to the north and east although there is currently gravel extraction taking place on the land to the east There is a residential property Rectory Farm Bungalow to the east as well

32 The site is visible from both the road that goes to Titchmarsh (Ran Way) and also from the A605

4 Policy Considerations

41 National Planning Policy Guidance

PPS1 - Sustainable Development PPS4 - Planning for Sustainable Economic Growth PPS9 ndash Biodiversity and Geological Conservation

PPG13- Transport PPS23 ndash Planning and Pollution Control PPG24- Planning and Noise PPS25- Development and Flood Risk

42 East Midlands Regional Plan

Policy 1 ndash Regional Core objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 11 ndash Development in the Southern Sub-Area Policy 18 ndash Regional Priorities for the Economy Policy 20 ndash Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 28 ndash Regional Priorities for Green Infra-structure Policy 29 ndash Priorities for enhancing the Regionrsquos Biodiversity Policy 30 ndash Regional Priorities for Managing and Increasing Woodland Cover Policy 31 ndash Priorities for the Management and Enhancement of the

Regionrsquos Landscape Policy 35 ndash A Regional Approach to Managing Flood Risk Policy 39 - Regional Priorities for Energy Reduction and Efficiency Policy 43 ndash Regional Transport Objectives

MKSM Northamptonshire SRS Northamptonshire 1 ndash The Spatial Framework

Ministerial Statement Planning for Growth

Development Control Committee 52 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy

Policy 1- Strengthening the Network of Settlements Policy 5 - Green Infrastructure Policy 6 ndash Infrastructure Delivery and Developer Contributions Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution and Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development Policy 4 ndash Green Infra-structure Policy 5 ndash Transport Network Policy 7 ndash Flood Risk Policy 11- Enhancing Biodiversity Policy 12 ndash Considerate Construction Policy 16 ndash Protected Employment Areas Policy THR4- Relocating Existing Businesses around Thrapston

45 Northamptonshire County Structure Plan

No relevant saved polices

46 East Northamptonshire District Local Plan Any policies have now been superseded by the RNOTP

47 Supplementary Planning Guidance Planning Out Crime Adopted (February 2004) Parking Adopted (March 2003) North Northamptonshire Sustainable Design SPD( March 2009)

5 Relevant Planning History

51 The building was previously occupied by IKEA

52 There is a current planning application for a relocated cattle market on the land to the north(ref 1101240FUL)

6 Consultations and Representations

61 Neighbours ndash The occupiers of Rectory Farm Bungalow comment that

bull they already have to endure sleepless nights with the noise from the endless shunting and related movements of vehicles through the night and the noise omitted from the warehouse and that the extension being on ldquotheir siderdquo will bring more disruption

bull Express concern about fire risk bull It is unnecessary to destroy the established and effective bund of trees(which will never

recover to its present form) when there is an existing access

62 Neighbours- 8 letters of support although many of these live some distance from the site

bull Will create employment

Development Control Committee 53 of 100 Date printed 9 November 2011

63 Thrapston Town Council ndash No objection

64 Titchmarsh Parish Council ndash Make the following comments

ldquoDevelopers to ensure that the external landscaping is improved and maintained In addition ensure that traffic leaving the temporary entrance leaves the site by turning right only and access to the site is only via Huntingdon Road Temporary signage to be placed on the A605 prohibiting construction traffic entering the villagerdquo

65 Highways Agency- No objection

66 Local Highway Authority ndash Advised that inadequate information had been provided and made the following comments in relation to the application as originally submitted

bull As an earth bund is being removed details of the cubic capacity of the soil to be removed and associated lorry movements are required

bull Details of the construction compound are required bull Additional disabled parking is required bull Off ndashsite highway works are required to Ran Way A ldquoswept pathrdquo analysis needs to be

carried out to demonstrate what is required bull A carriageway condition survey will need to be carried out before and upon completion

of works bull A daily log will need to be kept of vehicles bull A suitable turning facility for buses is required bull The ldquoCounty Connectrdquo operating hours need to be extended to arrive at the site by 600

am and leave after 700 pm

An addendum to the TA was submitted and the Local Highway Authority made the following comments in response to this and advised that it has no objection subject to the imposition of conditions

bull The LHA is reasonably content that the revised technical data addresses the points of concerns originally raised

bull The LHA is content with the construction access details within Ran Way and the passing bays to facilitate construction vehicles either entering or emerging from the site to access the A605 via Huntingdon Road

bull Further details are required to identify off-site accommodation works to prevent vehicles turning left when emerging from the site within Ran Way Huntingdon Road

bull Cantilever bus shelters with flag sign posts are to be provided to aid the promotion of the submitted ldquoTravel Planrdquo within Huntingdon Road to reduce private car journeys

bull As an additional measure off-site footway kerbing and construction works are proposed to aid the safe passage of pedestrian movement within Huntingdon Road on the eastern side of the vehicle access point

bull The use of the temporary construction vehicle access and passing bays shall be formed prior to the commencement of construction works unless alternative vehicle access arrangements can be promoted utilising the existing vehicle access facilities In any event all construction vehicles shall turn right either onto Ran Way or Huntingdon Road when emerging from the development site

bull The promotion of extending the footway in addition to the promoted footway works to aid the safe passage of pedestrian movement throughout the frontage of the development site within Huntingdon Road and Ran Way can be considered If the Planning Authority considers that the request for extending the footway into along Ran Way reasonable and proportionate then the Highway Authority would not object to the promotion and construction of such an approved pedestrian facility All costs to be borne by the developer and at no cost to either authority

Development Control Committee 54 of 100 Date printed 9 November 2011

67 Environment Agency ndash Initially expressed concern that the Flood Risk Assessment (FRA) did not adequately demonstrate that surface water could be managed without increasing flood risk Further information was submitted and the Environment Agency have now confirmed that they have no objection to the application subject to the imposition of a condition in relation to surface water drainage

68 Natural England ndash No objection having regard to the standing advice and the submitted Protected Species Survey

69 Wildlife Trust ndash Have provided information regarding a mitigation scheme that can be implemented in relation to Titchmarsh Nature Reserve

610 Conservation Officer (TPO) ndash makes the following comments

bull The planting on the existing bund is of varying quality and is very sparse in places The eastern bund is dominated by semi-mature Laurel(planted on the top) with a mix of broadleaved trees (Oak Field maple and Birch) which have shown poor to reasonable growth

bull The remodelling of the bund would reduce itrsquos height by between 47m and 33m on the northern side and 3m on the eastern bund The re-modelled bund is proposed to be 55 to 16 metres wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

bull As a result of the re-modelling almost all of the existing trees will be removed I have some concerns about the loss of some of the better quality broadleaf trees particularly the Lime and Oak and suggest that consideration is given to re-planting these

bull The proposed planting includes re-planting of the bottom hedge where required with the main slopes having an understorey of native woodland whip planting with interspersed standard trees The submitted details refer to the use of pre-seeded matting to combat erosion of the new slopes and confirmation is required that the woodland planting would be planted within this

bull The visual information submitted with the application demonstrates that the site is most visually prominent when viewed from the immediate north and north east with distant views from the north west The reduction of the bund and removal of existing vegetation will add to the prominence of the building in the short term

bull However the proposed planting is substantially better than existing and providing that it takes and is managed in accordance with the submitted Landscape Management report will create a similar planted effect to that which is present The planting mix is more comprehensive which will result in denser planting over time It is likely that the new planting would take between 5 and 10 years ( minimum) to create a suitable screen The future views of the building are likely to be similar to those at present after this time

611 Environmental Health (Contamination) ndash No objection but recommend an informative to draw the applicantrsquos attention to the fact that there is a landfill site within 250m

612 Environmental Protection (Noise) ndashthe original conditions for the warehouse from EN9700283FUL relating to environmental issues should be transposed onto any new permission granted These include condition numbers 2 3 13 and 14 Whilst conditions 15 16 17 18 and 19 relate to matters regulated by the Environment Agency it would be prudent for these to also be transposed to any new permission

Development Control Committee 55 of 100 Date printed 9 November 2011

The following further conditions are also recommended

Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays

There is no information provided on any ventilation or extraction to the new extension Therefore if you feel it is appropriate a further condition should be added to control noise from any such system

Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There should be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

The records held by Environmental Protection in relation to noise complaints confirm that there have been no complaints about activities from the site Previous Condition 13 is designed to protect local residents from noise from activities at the site and should complaints be received then activities would be monitored to ensure that the site is compliant with that condition This states

ldquoNoise from activities within the building(measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level(measured at L A90 30 min) by more than 5dba(A)rdquo

613 Anglian Water ndash Any comments received will be reported on the Update Sheet

7 Evaluation

71 Principle of Development

711 Policy EC 101 in Planning Policy Statement 4 advises that Local Planning Authorities should adopt a positive and constructive approach towards planning applications for economic development and that planning applications that secure sustainable economic growth should be treated favourably

712 One of the main thrusts of the North Northamptonshire Core Spatial Strategy is to deliver economic prosperity Policy 8 identifies the net increase in jobs that will be required to maintain a balance between homes and jobs Thrapston is identified under Policy 1 in the Core Spatial Strategy as a rural service centre and Policy 1 of the RNOTP indicates that to support the role of service centres the employment and service base of such settlements will be expanded

Development Control Committee 56 of 100 Date printed 9 November 2011

713 Paragraphs 395 ndash 399 of the North Northamptonshire Core Spatial Strategy considers the role that distribution has played in the past in the area It is highlighted that whilst it has created jobs it has involved the use of large areas of land put significant demands on transport infra-structure and involved large buildings that have often been visually intrusive

714 Policy 11 indicates that large scale strategic distribution is to be concentrated at the rail linked Euro-hub site in Corby and that other distribution sites should be located close to the strategic road network The site is located at the junction of the A14 and A45 trunk roads

715 Paragraph 398 also highlights that smaller distribution development should be in locations and of a scale where buildings are not visually prominent unless they are of exceptional design and build quality Buildings it is advised should be sensitively designed to reduce the impact on the local landscape and townscape and achieve high developments should contribute towards enhancing the wider Green Infrastructure network The impact on the landscape is considered in section 78 the design and sustainability of the building in section 72

716 Primark advise that the company currently employs 326 permanent members of staff at Thrapston of which all but one work full time 34 of employees live in the Thrapston Raunds and Rushden area and virtually all live within a 15 mile radius A further 115 agency and contractor staff are employed There is also some indirect employment from the business as catering and cleaning are subcontracted

717 Primark also highlight that their employees have an onsite library and computer room and that the company has offered training programmes in the form of language courses and that employees are also encouraged to study for NVQs in conjunction with Peterborough College in subjects such as administration and management The company also draws attention to its work in the community

718 The company leases the site and has advised that if it does not obtain planning permission for the extension it will need to consider relocating to a cheaper area which would be outside Northamptonshire They advise that there is an optimal size for distribution centres which is just under 74000 square metres Beyond this size there are operational disbenefits and that therefore they would not need to seek permission for further extensions Any future expansion would require the addition of a third distribution centre

719 They advise that if permission is granted it will enable them to sign a lease for a further 15 years and that an additional 35 permanent full time jobs and a further 95 agency jobs would be created They further advise that where possible Primarkrsquos preference is to employ local people

7110There are significant economic benefits associated with this proposal It is to enable the expansion of an existing business on an existing employment site and would retain employment and generate additional employment However PPS4 and local policy does make it clear that the impacts of economic development proposals still need to be considered Policy EC 102 in particular sets out that planning applications for economic development should be assessed against the following considerations

a) whether the proposal has been planned over the lifetime of the development to limit carbon dioxide emissions and provide resilience to climate change b) the accessibility of the site by a choice of means of transport the effect on local traffic and congestion c) whether the proposal secures a high quality and inclusive design which takes the opportunities available for improving the character and quality of the area

Development Control Committee 57 of 100 Date printed 9 November 2011

d) impact on economic and physical regeneration including impact on social inclusion e) impact on local employment

These issues are considered in the following sections The Ministerial Statement Planning for Growth is also a material planning consideration This indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

72 Carbon emissions and Climate change

721 The North Northamptonshire Core Spatial Strategy indicates that new distribution buildings should be of a high environmental standard It is proposed that the extension be built to the BREEAM very good standard which would comply with Policy 14 in the North Northamptonshire Core Spatial Strategy

722 The Primark site also include its own waste recovery facility where carrier bags and coat hangers from all of their retail outlets are recycled

73 Highway Issues ndash General Background

731 A Transport Assessment (TA) was submitted with the application and this considers the impact on local roads and the trunk road network and the accessibility of the site by walking cycling and public transport The Local Highway Authority requested further information and this was included within an Addendum to the TA and plans have also been submitted to show the proposed off-site highway works The Local Highway Authority has advised that it is reasonably content with this revised information

74 Highway Issues ndash Impact on Trunk Road Network

741 The site is close to the junction of the A45 and A14 and thus is easily accessible to the trunk road network The Highways Agency has raised no objection to the proposal

75 Highway Issues ndash Existing Traffic Movements on Local Roads

751 Concern has been expressed in the past by Members when other applications have been considered for development of the Haldenrsquos Parkway site about the functioning of the roundabout at the junction of Haldenrsquos Parkway and the A605 The TA however includes accident data for the last 5years(2005-2011) and there has only been one slight injury accident on the roundabout and that did not relate to a HGV driver losing control and toppling over onto the verge

752 The TA includes the results from a survey that was carried out of existing traffic movements in January 2001 It notes the following results

bull The peak levels of traffic passing the site along Huntingdon Road are very low There were only 106 two-way vehicle movements observed between 800 and 900 and 75 two-way vehicle movements in the evening peak between 1700 and 1800

bull The two way traffic flows on the goods and car park entrances during the morning peak hours were 2 HGVs and 11 light vehicles and in the evening peak hour there were 16 HGVs and 31 light vehicles There are low levels of flow from the site during peak times due to Primarkrsquos shift patterns

Development Control Committee 58 of 100 Date printed 9 November 2011

76 Highway Issues ndash Parking

761 The existing car park has 226 spaces of which 8 are for visitors and 2 are disabled bays Adjacent to the car park there is a cycle shelter with space for 20 bicycles and 10 motorcycles There is lorry parking for 20 vehicles in an area just beyond the goods vehicle entrance and space for approximately 65 lorries to park along the eastern and western site perimeters

762 The TA advises that a parking survey was carried out in March 2011 between 1330 and 1430 at shift change over time It was observed that the peak level of parking demand was space for 209 cars and vans It was also observed that 68 of persons drove tofrom work at this time

763 The TA notes that none of the existing car and lorry spaces would be lost as a result of the building work but that there would be some re-organisation of spaces It includes a calculation based upon Primarkrsquos planned shift patterns and increase in staff and current journey to work patterns to calculate a new parking demand of 291 cars

764 The TA however also assessed the need for parking generally for B8 uses using the TRICS database and found a need for 320 spaces ( including HGV spaces) It therefore concludes that the predicted demand for 291 spaces for Primark is reasonable

765 The proposal therefore includes an altered car park layout to include 291 spaces 36 cycle spaces and 18 motorcycle spaces are also provided The amount of lorry parking just inside the entrance has been increased from 20 to 37 spaces

766 The Addendum to the TA includes an additional analysis in relation to parking It considers the Parking SPG requirements noting that this requires a maximum provision of one space per 120 sqm of gross B8 distribution floorspace This equates to the need for a maximum of 113 additional parking spaces Only an additional 65 spaces are proposed as part of the application however the Addendum suggests that this is acceptable as it is based upon the operational requirements provided by Primark and is also comparable with TRICS database information from other distribution facilities

77 Highway Issues ndash Local Traffic Impact

771 The TA assumes that the likely impact of the traffic from the development would be a pro-rata reflection of the 23 increase in floorspace( 19 increase in staff levels) It is therefore suggested that the morning peak hour traffic flows are likely to increase from 13 vehicles per hour to 16 vehicles per hour and in the evening from 47 vehicles per hour to 57 All HGVs would travel to and from the A605 avoiding Titchmarsh under an agreed routing restriction

772 The TA indicates that Huntingdon Road has ample capacity to accommodate this increase There would be less than a 05 increase in traffic through the A605Huntingdon Road roundabout (which has morning and evening peak hour entry flows of 2000 vehicles per hour) which it is concluded would be imperceptible

773 The applicant however was asked to undertake further work as the peak hour for the proposed development is at shift change over time rather than the traditional morning and evening peaks A survey was therefore carried out on 14 September 2011 and the results of this are included in the Addendum to the TA It was found that at 200 the busiest time the level of traffic on the busiest arm of the roundabout and the A14 was only 70 of the morning peak flow The Local Highway Authority has advised that it is happy that the Addendum to the TA has addressed the concerns originally raised

Development Control Committee 59 of 100 Date printed 9 November 2011

774 A temporary access is to be provided for construction purposes from Ram Lane No details were initially provided in relation to construction traffic however further details have been submitted as part of the Addendum to the TA This includes a Draft Construction Management Plan The most significant period of construction traffic movement is during the excavation work (It is estimated that approximately 28500 cubic metres of material is to be excavated and removed from the site) which is to be carried out in weeks 0-8 of the build programme and will result in 100 8-wheel lorries coming to and from the site daily The Local Highway Authority has advised that it has no objection to the proposal on the basis of construction traffic

775 The Addendum also includes details of the proposed construction compound and wheel washing facilities as requested by the Local Highway Authority

776 The Local Highway Authority requested that a swept path analysis be carried out for construction vehicles using Ram Lane This has been included in the Addendum to the TA This showed that there will need to be a small amount of widening to Ram Lane to allow vehicles to negotiate the tight bend The Addendum to the TA also highlights that the applicant had agreed with the Local Highway Authority that the existing footpath will be extended by 20m to the east of the car park entrance Plans showing these off-site highway improvement works have been submitted and re-consultation has been carried out

78 Highways Issues ndash Access by Walking Cycling and Public Transport

781 The TA notes that access to the site from Thrapston by pedestrians and cyclists is good It however notes that there is no bus service entering the AIMI Business Park and that even if there were it would be unlikely to suit shift patterns apart from when daytime management and drivers leave at 500pm

782 Primark already has a Travel Plan and the TA includes details of this

783 The Local Highway Authority originally requested improvements to the bus service however subsequently has subsequently agreed that

1 To encourage and facilitate the use of the ldquoCounty Connectrdquo bus service the applicant should fund the provision of a bus stop and shelter in Huntingdon Road

2 Instead of extending the operating hours of the County Connect Service the existing Travel Plan should demonstrate what measures will be taken to encourage modes of transport other than the car particularly by employees needing to travel outside of the County Connect hours ( 0700 to 1900)

These measures can be addressed by the imposition of suitably worded conditions

79 Visual Impact

791 The design of the extension with the coloured banding should help to minimise the impact of the built form although there is a danger that as it a different design solution to the existing building it could appear discordant

792 The most significant concern in relation to this proposal is the impact that it would have on the landscape as the existing landscaped bund is to be remodelled This bund is currently between 5 ndash 65m high and varies in width On the northern boundary it is between 60m and 40m wide The corner of the bund is around 55m wide The bund to the eastern boundary is around 50m wide The proposed remodelling of the bund would result in a reduction in the height of the bund by between 47m and 33m on the northern side and 3m on the eastern side The remodelled bund is proposed to be 55 and 16 meters wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

Development Control Committee 60 of 100 Date printed 9 November 2011

793 As a result of the remodelling almost all of the existing trees would have to be removed The planting on the existing bund is however of varying quality and is very sparse in places The eastern bund is dominated by semi mature Laurel (planted on the top) with a mix of broadleaf trees (Oak Field Maple and Birch) which have shown poor to reasonable growth The existing planting on the northern bund is very sparse in places (with the exception of some developing Lime trees) with poor growth throughout especially on the top and at the western end The whole of the bund appears to be in a constant drought the soil is nutrient poor and much of the planting shows signs of extensive rabbit damage

794 The Councilrsquos tree officer advises that she has some concerns over the loss of some of the better quality broadleaf trees particularly the Lime and the Oak She suggests that consideration is given to the transplanting of these young trees to elsewhere in the site where they can be more benefit The age of the trees is likely to result in successful relocation providing this is undertaken correctly

795 The proposed planting for the remodelled bunds includes replanting of the bottom hedge where required with the main slopes having an understory of native woodland whip planting with interspersed standard trees Reference is made within the planting details to the use of a pre-seeded matting to combat erosion of the newly formed slopes

796 The building is already fairly prominent and the removal of the bund and existing vegetation in the short term medium term will add to its prominence

797 The new planting proposed however as part of the remodelling is substantially better than the existing and providing it takes and is managed in accordance with the submitted Landscape Management Report it will create a similar planted effect to that which is present While the extension to the building will decrease the planted area available the proposed planting mix is more comprehensive which should result in a denser and more diverse landscape screen over time In the longer term therefore views of the building are likely to be similar to those at present

798 Members will therefore need to weigh carefully the requirement to consider economic development proposals favourably against the harmful effect that this proposal will have on the landscape in the shortmedium term

799 Careful management of the landscape works will be key to the long term impact of the development This is considered further in sections 79 and 713 of this report

7910Whilst this Council is currently considering an application for a relocated cattle market on the land to the north of the site this can be given limited weight as it is not a planning commitment

710 Impact on Residential Amenity

7101The nearest residential property to the proposed extension is The Bungalow This property would be 50 metres from the nearest point of the extension and 280 metres from the temporary construction access The occupiers of this property object to the application on the grounds of noise fire risk and removal of the existing landscaped bund

7102There is existing screen planting outside of the application site opposite this bungalow which clearly will remain This will help to mitigate against any visual impact The extension would be to the north of the bungalow and there would be thus no overbearing impact or loss of light

Development Control Committee 61 of 100 Date printed 9 November 2011

7103Environmental Health have been consulted and they have advised that they have not received any complaints about noise from the operation of the warehouse in the past They are satisfied that with the imposition of similar conditions to those imposed on the permission for the original warehouse and additional conditions it will be possible to ensure that noise is kept to an acceptable level

711 Archaeology

7111The County Archaeologist has advised that there is little to no potential for there to be surviving archaeological deposits

712 Contamination

7121Environmental Health have advised that the site is within 250 m of an operational landfill site and waste processing facility but that the waste that is disposed is inert and should not generate significant quantities of landfill gases They however recommend the imposition of an informative to draw the applicantrsquos attention to this

713 Drainage

7131The site is located within Floodzone 1 which has the lowest risk of flooding A Flood Risk Assessment was however submitted with the application as the site area exceeds 1 hectare The management of surface water is the most significant issue in relation to the potential risk of flooding There is currently a balancing pond on the site and surface water discharges into the public sewer at the west of the site The Environment Agency advised that confirmation of the allowable discharges needed to be sought from Anglian Water and also that more detailed modelling and calculations needed to be submitted The applicant provided this information and the Environment Agency have confirmed that they have no objection to the proposal subject to the imposition of the condition which is recommended

714 S106 Contributions and related matters

7141The development is of a size which generates a need for social and community infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7142In considering whether contributions are justified and can be sought Members must have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

Members also need to be mindful that the current basis for seeking contributions is the Councilrsquos SPD in relation to developer contributions

Development Control Committee 62 of 100 Date printed 9 November 2011

7143It is very unusual to agree to the removal of an existing landscaped bund that was put in place to protect the visual amenity of the area and has despite its poor quality become a suitable habitat for birds It is on this basis that an ecological mitigation contribution has been sought The Wildlife Trust have provided a schedule of works that they need to undertake to the Titchmarsh Nature Reserve and suggested that these would cost pound38500 Whilst the developer has confirmed agreement to payment of a contribution to cover the schedule of works they have asked that this be specified as a maximum sum in the S106 Agreement and that tenders should be sought for the work This would be acceptable and wording to this effect can be included within the S106 Agreement

7144In addition the developer has agreed to provide a bus stop and shelter and extend the footpath for 20 metres These matters can be dealt with by the imposition of a suitably worded condition rather than through a S106 Agreement

7145At pre-application stage the developer gave a presentation to Members about their proposal At this the possibility of extending the footpath around the tight bend in Ran Way was raised The developer however has advised that unless the Local Highway Authority consider that they could make a case for the provision of this then they are not prepared to extend the footpath any more than the 20 metres that has been agreed Discussions have been held with the Local Highway Authority however they do not consider that there would be any justification for seeking any further extension to the footpath ( They have advised that it is likely that this would cost in the region of pound160 per linear metre)

8 Other Issues

81 Crime and Disorder ndash No issues emerge

82 Access for Disabled ndash Any issues can be dealt with under building regulations

83 Fire hazard - The neighbour has expressed concern that the extension would be a fire hazard Building regulations consider the proximity of works to site boundaries and would ensure that there would not be a fire hazard from the extension

9 Recommendation

91 That permission be GRANTED

10 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Prior to the commencement of development details of the wall cladding including its colour shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with these approved details

Reason In the interest of visual amenity

3 The extension shall achieve the BREEAM Code very good and shall not be occupied until a certificate has been issued for it certifying that this standard has been achieved

Reason To ensure the sustainable construction of the extension in accordance with Policy 14 in the North Northamptonshire Core Spatial Strategy

Development Control Committee 63 of 100 Date printed 9 November 2011

4 All foul sewage or trade effluent including cooling water containing chemical additives or vehicle washing water including steam cleaning effluent shall be discharged to the foul sewer

Reason To prevent pollution of the water environment

5 All fuel oil or chemical storage tanks buildings ancillary handling facilities and equipment including pumps and valves shall be contained within an impervious bunded area of at least 110 of the tank capacity designed and constructed to the satisfaction of the local planning authority

Reason To prevent pollution of the water environment

6 All drums and small containers used for oil and other chemicals shall be stored in bunded areas which do not drain to any watercourse surface water sewer or soakaway

Reason To prevent pollution of the water environment

7 Vehicle loading or unloading bays and storage areas involving chemicals refuse or other polluting matter shall not be connected to the surface water drainage system

Reason To prevent pollution of the water environment

8 Surface water from impermeable vehicle parking areas and service areas shall be passed through a storm bypass oil interceptor It must be designed to receive flows up to 50mmhour from the connected area with all flows up to 5mmhour rainfall passing through the interceptor and receiving minimum 6 minutes retention in each interception chamber

Reason To prevent pollution of the water environment

9 Before any work is commenced on the development hereby permitted full details of all proposed floodlighting installations and including a supporting lighting engineers report justifying the installations shall have been submitted to and approved by the local planning authority The development shall thereafter be carried out in accordance with the details so approved

Reason To ensure a satisfactory standard of development which does not adversely affect the amenity of the area

10The means of illumination shall be so screened such that it does not cause glare to drivers on the adjoining highway or to the occupants of adjoining residential properties

Reason In the interest of highway safety and residential amenity

11Noise from activities within the building (measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level (measured at L A90 30 min) by more than 5db (A)

Reason In the interest of residential amenity

12Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

Reason In the interest of residential amenity

13During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours

Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays Reason In the interest of residential amenity

Development Control Committee 64 of 100 Date printed 9 November 2011

14Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There shall be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

Reason In the interest of residential amenity

15Prior to the commencement of development a site waste management plan shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with this site waste management plan

Reason In the interest of sustainability and to ensure the appropriate disposal of waste

16 The mounds shall be constructed and prepared for planting n accordance with the details shown on drawing reference 127004C ( as amended by the letter from TPM Landscape received on 9 September 2011) in accordance with an implementation schedule to be submitted to and approved by the Local Planning Authority in writing

Reason To ensure that the landscape scheme establishes in the interest of visual amenity

17The Landscape Scheme drawings reference 127005B received on 20 September 2011( as amended by the letter from TPM Landscape received 9 September 2011) shall be implemented in the first planting season following first use of the extension hereby permitted

Reason In the interest of visual amenity

18The proposed development shall not begin until a scheme for the provision implementation ownership and maintenance of the surface water drainage for the site based on sustainable drainage principles has been submitted to and approved in writing by the Local Planning Authority The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storagedisposal of surface water from the site and to the ensure future maintenance of the surface water drainage system

19 All construction traffic shall use the existing HGV access into the site unless( and notwithstanding the submitted details) a scheme which shall illustrate a rural road to the local highway authorityrsquos standard specification and include widening works passing bays footpath provision and works to prevent vehicles turning left when emerging from the site has been implemented Prior to the commencement of any works the scheme for these works shall have been submitted to and approved in writing by the local planning authority This shall include

1 Hard surface materials to form the promoted works throughout Ran Way and Huntingdon Road

2 Means of drainage to prevent the unregulated discharge of surface water onto the highway

3 Maximum gradient (1 in 15) from the highway boundary in the positive or negative direction

4 Sufficient parking and turning space shall be provided within the development site for all vehicles attracted thereto

Development Control Committee 65 of 100 Date printed 9 November 2011

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

20 Cantilever Bus Shelters within Huntingdon Road (industrial estate) having a landing and boarding stage with associated flag sign and posts shall be provided prior to the first use of the extension hereby permitted Prior to the commencement of these works a scheme for these shall have been submitted to and approved in writing by the local planning authority Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

21 Development shall be carried out in accordance with the following plans OS Map and Block Location Plan PS00 received 20 September 2011 Existing site survey - TRI-0669-01received 29 July 2011 Existing site survey - TRI-0669-04 received 29 July 2011 Existing site plan PS01 received 18 July 2011 Existing site plan sheet 1 of 2 PS03 received 18 July 2011 Existing site plan sheet 2 of 2 PS04 received 18 July 2011 Proposed site plan PS02A received 20 September 2011 Proposed site plan sheet 1 of 2 PS05 received 18 July 2011 Proposed site plan sheet 2 of 2 PS06 received 18 July 2011 Sections Mound 127004C received 20 September 2011 General Arrangement 1of 2 (Mound) 127002A received 20 September 2011 Planting Plan 127005B received 20 September 2011 Existing Floor Plan Sheet 1 of 2 PS07 received 18 July 2011 Existing Floor Plan Sheet 2 of 2 PS08 received 18 July 2011 Proposed Floor Plan Sheet 1 of 2 PS09A received 20 September 2011 Proposed Floor Plan Sheet 2 of 2 PS010A received 20 September 2011 Existing and Proposed Elevations Sheet 1 of 2 PS13A received 20 September 2011 Existing and Proposed Elevations Sheet 2 of 2 PS14A received 20 September 2011 Proposed Dock Leveller Doors PS21A received 20 September 2011 Proposed roof plan sheet 1 of 2 PS11A received 20 September 2011 Proposed roof plan sheet 2 of 2 PS12A received 20 September 2011 Illustrative View 1 PS16 received 18 July 2011 Illustrative View 2 PS17 received 18 July 2011 Illustrative View 3 PS18 received 18 July 2011 Illustrative View 4 PS19 received 18 July 2011 Illustrative View 5 PS20 received 18 July 2011 Proposed Temporary Construction Access PS15 received 18 July 2011 Huntingdon RoadRam lane Off-site highway works RD10453a received 17 October

2011 Off-site Highway Works Ram Lane Bend Widening and Footway extension RD10454

received 17 October 2011 Huntingdon RoadRam lane Off-site highway works RD10453 received 17 October

2011

Development Control Committee 66 of 100 Date printed 9 November 2011

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS4 PPS9 PPG13 PPS23 PPS24 and PPS25the East Midlands Regional Plan policies 1 2 3 11 18 20 21 28 29 30 31 35 39 43 MKSM Northamptonshire SRS Northamptonshire 1 the North Northamptonshire Core Spatial Strategy 2008 policies 1 5 6 8 9 11 13 and 14 Rural North Oundle and Thrapston Plan policies 1 2 4 5 7 11 12 16 and THR4 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development including the economic development benefits of the proposal the impact on the landscape highway issues sustainability of the design the impact on neighbouring amenities contamination drainage and the need for communityinfra-structure contributions The application has been approved as

1 The economic development benefits of the proposals outweigh the impact on the landscape arising from removal of the bund and existing vegetation

2 Whilst the loss of the existing vegetation would have ecological implications mitigation works are proposed to the Titchmarsh Nature Reserve

3 There would not be an adverse impact on the highway network having regard to the proposed off-site highway works

4 The extension would meet the BREEAM standard very good 5 A condition can be imposed to require details of surface water drainage to be

submitted and approved 6 Whilst there is a landfill site nearby the waste that is disposed is inert and would not

effect the proposed development

2 The application site is less than 250m from the boundary of an operational landfill site and waste processing facility which is permitted by the Environment Agency The waste disposed at the landfill is classed as inert and as such should not have the potential to generate significant quantities of landfill gas

The operator of the landfill monitors landfill gas from perimeter boreholes as per the conditions on their environmental permit Results from this monitoring indicates the landfill is not producing gas in sufficient quantities that may pose a risk to the development However the applicant may wish to seek advice from a consultant experienced in these matters to ensure that the development can be delivered safely

3 No works within the existing adopted highway maintainable at public expense may commence without the express written permission of the Highway Authority This planning permission does not give or infer such permission The Highway Authority will only give consent to commence works subject to the completion of an Agreement under Section 278 of the Highways Act 1980 Full engineering drainage street lighting and constructional details will be required to process such an agreement Any details submitted will be subject to a technical and safety audit that may result in changes to the details of the rural route and junction etc required to discharge the relevant condition above

Attention is drawn to the implementation of the Traffic Management Act 2004 where a three month notice period to allocate road space (for works within the highway) is formally given prior to the commencement of works

Development Control Committee 67 of 100 Date printed 9 November 2011

Committee Delegated Report

Printed 26 October 2011

Case Officer Amie Baxter EN1101341FUL

Date received Date valid Overall Expiry Ward Parish 22 August 2011 26 August 2011 21 October 2011 Lyveden Brigstock

Applicant C And D Developments (Northants) Ltd - Mr C Rose

Agent Toby Pateman Architect

Location Land Adjacent Honey Bun Hill Newtown Brigstock Northamptonshire

Proposal Erection of 2 no new dwellings

This application has been brought before the Development Control Committee due to Members showing interest in this site previously and as Brigstock Parish Council have objected to the proposed development

1 Summary of Recommendation

11 That planning permission be GRANTED subject to conditions

2 The Proposal

21 The application seeks planning permission for an amendment to a previously approved scheme for the erection of two dwellings The proposed amendment is to insert a

number of rooflights in the roof slope of both dwellings

22 The proposed roof lights would measure 025 by 035 metres each and it is proposed to add roof lights in the following positions

Unit One (to the eastern side of the site) bull Two roof lights in the east (rear) roof slope bull Three roof lights in the west elevation (front)

Unit Two (to the northern side of the site) bull Two roof lights in the west (front) elevation bull Four roof lights in the east (rear) elevation bull One roof light in the south (side) elevation

23 The roof lights are proposed to allow the conversion of the roof space in both dwellings Planning permission is not required to convert the loft into habitable space

24 The two dwellings have been partially constructed in line with a previously approved application

3 Site and Surroundings

31 The site is positioned to the north side of Stanion Road on the western edge of Brigstock

Development Control Committee 68 of 100 Date printed 9 November 2011

32 To the north west of the site is a development of modern bungalows known as Swan Avenue and to the north east is Honey Bun Hill a detached bungalow sited at the top northern end of Newtown The application site abuts the southern garden boundary of Honey Bun Hill

33 Newtown is a narrow unmade private road which serves to access a row of terraced houses on its western side and a number of individual detached houses which have been developed in a piecemeal fashion The side garden boundary of 17 Newtown forms the southern boundary with the application site

34 Beyond the application site to the north is open countryside

35 The application site is accessed from Stanion Road via a long narrow track which runs adjacent to the garden boundaries of 16 and 18 Stanion Road The access runs to the west of a rectangular plot of land to the rear of the terrace row in Newtown (1 to 17 Newtown) This land is commonly referred to as the lsquopump stationrsquo site and has planning permission for two dwellings using the same access as the application site (EN0200802FUL and EN 0200318FUL)

36 The site slopes upwards from Stanion Road towards the northern boundary

37 The north west boundary of the site is marked by a close board fence a public footpath and a row of leylandii trees A close board fence runs around the property known as Honey Bun Hill and the southern boundary is comprised of a mix of leylandii and native hedging

38 The character of the area is residential composed of a range of dwelling styles with no one type dominating

39 Brigstock Conservation Area is some distance to the east of the application site

4 Policy Considerations

4 1 National Policy PPS1 ndash Delivering Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 East Midlands Regional Plan (RSS8) On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 13b ndash Housing Provision (Northamptonshire) Policy 14 ndash Regional Priorities for Affordable Housing Policy 17 ndash Regional Priorities for Managing the Release of Land for Housing Policy 48 ndash Regional Car Parking Standards Policy MKSM SRS Northamptonshire 1 Policy MKSM SRS Northamptonshire 2

Development Control Committee 69 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements

Policy 7 ndash Delivering Housing Policy 9 - Distribution and Location of Development

Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficient and Sustainable Construction

Policy 15 - Sustainable Housing Provision

44 Other Relevant Policy Three Towns Preferred Options document The Highway Authority Standing Advice for Planning Authorities Document July 2008 Planning Out Crime SPD ENC Developer Contributions SPD

5 Relevant Planning History

51 0602201OUT ndash Outline for residential development ndash Granted under delegated powers by 16 February 2007

52 0700827FUL- Two detached dwellings This application was refused under delegated powers but later allowed on appeal

53 0801134FUL- Residential development ndash Refused under delegated powers on 27 Aug 2008

54 0900116FUL- Residential development of 6 new dwellings Resubmission of EN0801134FUL Permitted by the Development Control Committee on 25032009

55 0800395FUL- Erection of two detached dwellings swimming pools access and other associated works Permitted by the Development Control Committee on 04062008

56 1000341FUL- Erection of two detached dwellings - amendment to EN0800395FUL) Permitted by Development Control Committee on 080910

6 Consultations and Representations

61 Neighbours No comments received

62 Brigstock Parish Council ndash Object on the following grounds bull The design of the proposed dwellings is overpowering especially considering the sitersquos

elevated position The design is also very urban which is out of character with the village location The design would not mellow with age

bull The scale of the dwellings is wrong bull The right of way to Swan Close has been blocked off to allow an extension to the

garden of the dwelling on the neighbouring site (currently under construction) This is a symptom of overdevelopment

63 Highways Authority No objection

64 Ramblers Association No comments to make

7 Evaluation

71 The main considerations in the determination of this proposal are the principle of development design and visual impact and impact on neighbouring properties

Development Control Committee 70 of 100 Date printed 9 November 2011

72 Principle of development

721 The principle of development for two dwellings on this site was established by the previous application (1000341FUL) permitted at Development Control Committee on 08092010 The relevant national and local policy has not changed since the previous application was approved and therefore officers have no reason to alter their view of the proposed development

722 As the only difference between the previously approved scheme and the one put forward with this application is the insertion of a number of velux roof lights only the impact of the roof lights needs to be considered

723 It should also be borne in mind that the occupiers of the two dwellings could add roof lights without the need for planning permission once the dwellings are built

724 Not all of the previously approved conditions are recommended as part of this report to save duplication of the previous permission where it is clear that the dwelling has already been built in accordance with the previously approved plans

73 Design and Visual Impact 731 The design and visual impact of the two dwellings was considered during the previously

approved application and was found by members to be appropriate The comments from Brigstock Parish Council are noted but given that they make no specific comments regarding the proposed roof lights and as the two dwellings have already been approved their comments are not relevant to this proposal

732 Given the elevated positioning of the plot the roof of each of the proposed dwellings would be visible from outside the site However as the proposed roof lights would be small and positioned in line with the angle of the roof the roof lights would not be overly dominant in a visual sense

74 Effect on neighbours 741 Given the nature of the proposed development and as no additional bulk would be

introduced there would be no overbearing impact or additional overshadowing on neighbouring occupiers

742 A condition is recommended to ensure that the roof lights are inserted with a minimum cill height of 16 metres to avoid any additional overlooking

80 Other Issues 81 None relevant

9 Conclusion

91 In recommending this application for approval the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application is recommended for approval as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 71 of 100 Date printed 9 November 2011

10 Recommendation

101 It is recommended that the application be GRANTED subject to the following conditions

11 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Before commencement of the development hereby permitted details of the provision of screening to all boundaries of the site shall be submitted to and be approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erected and shall include details of boundary screening along the northern boundary which shall be erected in a manner which would provide privacy for the occupiers of Honey Bun Hill This boundary screening shall then be provided in accordance with the details so approved before the building is first occupied and shall thereafter be retained in perpetuity

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

3 Pedestrian visibility splays of 24m x 24m (20 metre x 20 metre if turning space is available within the site) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) no windowsdormer windows other than those expressly authorised by this permission shall be constructed on the side elevations of the proposed dwellings All windows serving bathrooms shall be obscure glazed in a manner which would prevent overlooking and fitted with top hung casements which are incapable of being opened further than 100mm

Reason To protect the residential amenity of neighbouring occupiers

5 No development shall take place until there has been submitted to and be approved in writing by the Local Planning Authority a comprehensive scheme of landscaping for the site which shall be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development unless otherwise agreed in writing by the Local Planning Authority The landscaping scheme shall include the retention of the existing trees along the eastern and southern boundary of the application site and those trees shall thereafter be retained unless agreed in writing by the local planning authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

6 All planting seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the building(s) or the completion of the development whichever is the sooner Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 72 of 100 Date printed 9 November 2011

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

7 Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy satisfying the requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy shall be submitted to and be agreed in writing by the Local Planning Authority and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

8 The rooflights hereby approved in the shall be provided at a minimum sill height of 16 metres and shall thereafter be retained in this manner unless otherwise approved in writing by the local planning authority

Reason In the interests of residential amenity

9 The works hereby permitted shall be carried out strictly in accordance with the approved plans (50-09-00 50-09-05 A 04-11-05B 04-11-01B 04-11-02B received on the 22082011 ) unless otherwise agreed in writing by the local planning authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application has been approved as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings

bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 73 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 27 October 2011

Case Officer Anna Lee EN1101447REM

Date received Date valid

Hill 12 September 2011 29 September

Overall Expiry 2011 24 November 20

Ward 11 Fineshade

Parish Easton-on-the-

Applicant Mr P Bee

Agent Mr J Moses

Location 33 Westfields Easton On The Hill Stamford Northamptonshire PE9 3LY

Proposal Reserved matters Development of land ro 31 and 33 Westfields for the provision of 4 dwelling houses with new access road Demolition of current garage and relocation of No33 to allow access road pursuant to application EN0901133OUT dated 31209

The application has been brought to Development Control Committee because the proposal falls outside of the 2010 Scheme of Delegation as it is for more than one residential unit within a Restricted Infill Village and because of the history of the site The original outline planning application EN0901133OUT was approved by committee on 02122009 and a copy of the previous report to committee is appended to this report

1 Summary of Recommendation

11 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and subject to conditions

2 The Proposal

21 Outline planning permission was granted for the construction of four dwellings on the site with all matters reserved under reference EN0901133OUT This application seeks reserved matter approval for access layout scale appearance and landscaping etc

22 The proposal is for four detached two storey dwellings comprising of one three bedroom property two four bedroom properties and one five bedroom property Three of the dwellings would have garages (plots 1 2 and 3) and a separate detached garage is proposed to serve the existing property no33 Westfields A new access road is proposed off Westfields to serve the proposed new dwellings and the existing property

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary The property benefits from a detached garage located on the side of the main house It is proposed that this garage would be demolished in order to provide space for the proposed new access road

Development Control Committee 74 of 100 Date printed 9 November 2011

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

34 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 ndash Biodiversity and Geological Conservation PPG13 ndash Transport PPS24 ndash Planning and Pollution Control PPG24 ndash Planning and Noise

42 East Midlands Regional Plan March 2009 On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 45 ndash Regional Approach to Traffic Growth Reduction Policy 48 ndash Regional Car Parking Standards

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution amp Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan (RNOTP) 2011 Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 6 ndash Residential Parking Standards

45 Supplementary Planning Guidance Planning Out Crime in Northamptonshire Feb 2004

46 Supplementary Planning Document Design SPD March 2009

47 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Development Control Committee 75 of 100 Date printed 9 November 2011

5 Relevant Planning History

51 Planning permission has been granted for other residential development on land to the east of the site A residential scheme comprising 10 affordable housing units was granted on the land to the rear of nos 9 to 21 Westfields under reference EN0800284FUL on 11062008 This scheme has been built and is now known as lsquoThe Bramblesrsquo

52 More recently Development Control Committee came to a resolution on 14042011 to grant planning permission for the construction of eight dwellings on land rear of nos 28 30 And 32 Western Avenue under reference EN1001183OUT This application is currently pending a legal agreement

6 Consultations and Representations

61 Neighbours Any comments received will be added to the committee updates

62 Easton on the Hill Parish Council Any comments received from the parish council will be added to the committee updates

63 Crime Prevention Officer (Northamptonshire Police) no objection The officer recommends that conditions be imposed to require (1) the submission of lighting details (2) boundary screening details and (3) details to ensure that the windows and doors of the new dwellings are fitted to secure standards

64 Environmental Protection Officer no objection However conditions are recommended (1) to control the demolition construction and delivery hours (limited to Monday to Friday 0800am to 1800pm Saturday 0830am to 1300pm and at no time on Sundays or bank holidays) (2) details of how dust would be controlled particularly during the demolition works (3) and an informative to advise that any asbestos found during demolition should be removed in a safe manner and be disposed of to an appropriately permitted facility

65 Site notice posted no other representations received

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 The principle of residential development at the rear of the properties along Westfields and Western Avenue has been established by the 10 affordable housing units built at the rear of numbers 9 to 21 Westfields (granted under reference EN0800284FUL) and another development of eight dwellings has been recently granted at land rear of 28 30 And 32 Western Avenue (under reference EN1001183OUT)

722 The principle of residential development on this site was established by the original outline planning permission EN0901133OUT The site was considered suitable for residential development because it lies within the built up part of Easton on the Hill and lies close to existing residential development and other local services Therefore only the following details are relevant to this reserved matters application access layout scale appearance landscaping parking impact on neighbour amenity and sustainable construction and energy efficiency These are discussed in turn below

Development Control Committee 76 of 100 Date printed 9 November 2011

73 Access

731 The application proposes the construction of a new access road in the position of the existing vehicular entrance so that access could be created off Westfields to serve the proposed new dwellings and the existing property no33 Westfields The local highway authority (NCC) carried out a detailed assessment of the proposed access road during the outline application and was satisfied with the creation of a new access road in the proposed location The proposed access road measuring more than 45 metres in width for the first 10 metres back from the highway boundary would allow sufficient room for vehicles to pass without conflict and would meet the NCC requirements for a shared access NCC has previously recommended that pedestrian visibility splays measuring 20 metres by 20 metres and vehicular visibility splays measuring 430 metres by 430 metres be provided on both sides of the vehicular access The agent has been requested to provide further drawings to clearly show these visibility splays Therefore providing satisfactory drawings are received to show these details the proposal would comply with NCC highway requirements

732 NCC have been consulted on this reserved matters application and the highway officerrsquos comments on the design and layout of the proposed new vehicular entrance and access road will be added to the committee update sheet

74 Layout

741 The proposed dwellings would be positioned to follow the orientation of the existing surrounding dwellings (along Westfields Western Avenue and The Crescent) and are arranged so that they would face onto an enclosure formed by the proposed access road and the front gardens of the proposed dwellings Each property would have a private driveway served off the access road and these would lead to a garage proposed for three of the properties (plots 1 2 and 3) The rear garden of the proposed dwellings would lsquoback-onrsquo to the rear gardens of the existing surrounding properties The rear gardens proposed for the dwellings each measuring approximately 13 metres by 10 metres in area would provide sufficient private amenity space to serve the future occupiers of the proposed dwellings As mentioned in the original outline application given the fact that the gardens of the existing surrounding properties all vary in layout and sizes and with some being similar in size than those proposed in this development the gardens proposed for the new dwellings would be acceptable

75 Scale and Appearance

751 As the area is characterised by two-storey houses condition 5 was imposed on the outline planning application to require that the proposed dwellings be limited to a maximum height of two storeys although it would be possible for the dwellings to have rooms in the roof Plots 2 3 and 4 are all two-storey properties with no rooms in the roof Whilst plot 1 is designed slightly taller than the other proposed dwellings and has two rooms in the roof this property would have the appearance of a two-storey property This is because this dwelling is designed with low eaves (measuring 50 metres) a low ridge (measuring 99 metres) and would not have any windows in the roof Therefore the proposed development would be in-keeping with the scale of the surrounding development

752 In terms of appearance the proposed dwellings are designed to look similar to each other but with also slight variations The buildings are designed with lean-to facing roofs small front porches (for plots 1 3 and 4) a two storey gable end on one plot (plot 2) and with the exteriors half covered in render and half in brickwork The overall design of the properties would generally be in-keeping with the existing surrounding houses and providing suitable materials are used in the construction of the properties the scheme would add an interesting and modern variation to the area

Development Control Committee 77 of 100 Date printed 9 November 2011

76 Landscaping

761 The submitted lsquoproposed landscape layoutrsquo drawing (drawing number JWMPB022) shows that the existing hedges and shrubs along the east and southwest boundaries of the site would be retained and new trees would be planted within the front and rear gardens of the proposed dwellings Also low level shrubs are proposed to be planted along the western boundary adjacent to the proposed access road and within the garden of no33 Westfields These proposals would help to enhance the landscaping within the development as well the appearance of the surrounding area

762 In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the boundaries of the site and within the neighbouring gardens conditions requiring the submission of tree protection details and an arboricultural method statement were recommended on the outline planning permission Therefore it would not be necessary to repeat these conditions should the council decide to grant the reserved matters application

77 Parking

771 Policy 6 of the RNOTP states that an average maximum residential parking standard of two spaces per dwelling will apply for the plan area In accordance with the requirement of this policy there would be room for parking of at least two vehicles within the curtilage of each of proposed dwelling There is room for parking along the driveways proposed at the side of plots 1 2 and 3 and in front of plot 4 and also within the garages proposed to serve plots 1 2 and 3 Also a double garage and parking area is proposed at the rear of no33 Westfields and this would provide sufficient parking for the existing property

78 Neighbour Amenity

781 The proposed dwellings at a distance of over 30 metres would be sufficiently positioned away from the residential properties to the north at Westfields and to the west at The Crescent (in particular numbers 29 31 and 33 Westfields and numbers 1 3 5 17 19 21 23 The Crescent) The new garage proposed for no33 Westfields and plots 1 and 2 would be positioned close to the outbuilding located within the rear garden of no31 Westfields However given that the neighbouring building is only used for storage there would be no undue harm on the neighbouring occupiers

782 Plots 3 and 4 would be positioned between 25 to 30 metres away from the neighbouring properties to the south (numbers 38 36 and 34 Western Avenue) There would be no significant overbearing overshadowing or overlooking impact on these properties due to this distance Furthermore no windows are proposed in the south side of plot 3 However in the interest of preventing overlooking on the neighbouring garden of no38 Western Avenue and plot 4 in the future a condition is recommended to require that no new windows be created in the south side of plot 3 in the future

783 Plot 4 would be positioned 15 metres away from no32 Western Avenue Due to this distance and the fact that the proposed dwelling would be positioned at an angle away from the neighbouring property on the northern side it would be extremely difficult to justify a refusal of planning permission on the basis of overbearing or overshadowing on this neighbouring property A toilet window is proposed at the first floor of plot 4 on the side closest to no32 Western Avenue Providing it be conditioned that this window is fitted with obscure glazing this would help to prevent overlooking on the neighbouring property

Development Control Committee 78 of 100 Date printed 9 November 2011

784 The submitted landscaping plans do not clearly show the treatments proposed along the boundaries to the surrounding properties Whilst the submitted plans identifies lsquoexisting mixed hedging and shrubsrsquo along the east and western boundaries it is difficult to establish how high the retained hedge would be and whether this would offer sufficient screening to the surrounding neighbouring gardens and the gardens of the proposed dwellings Also apart from the proposal to retain and plant new trees along the southern boundary of plots 3 and 4 the submitted drawings do not provide details of the boundary treatment proposed for the rear southern boundaries to the properties along Western Avenue Therefore in the interest of safeguarding the privacy of the existing surrounding occupiers and the future occupiers of the proposed dwellings conditions are recommended to require the submission of further boundary treatment details for approval before commencement of development

785 Low level shrubs and an open 1 metre high picket fence is proposed along the west and southern boundaries of no33 Westfields There are concerns that these would not provide sufficient screening for the rear garden of the existing property Therefore in the interest of safeguarding the privacy and residential amenity of the occupiers at no33 Westfields a condition is recommended to require the submission of further boundary screening details for approval

786 The proposed dwellings are sufficiently positioned away from each other such that there would be no undue overbearing or overshadowing impact between the properties A first floor bedroom window has been proposed in the north side of plot 3 which would directly face onto the front windows of plots 1 and 2 In order to prevent overlooking between the proposed dwellings the agent has been requested to remove the first floor bedroom window proposed in the north side of plot 3 Any amended drawings received will be reported in the committee updates Furthermore a condition is recommended to require that no new openings be created in the north side of plot 3 in the future

787 The conditions recommended by the Environmental Protection Officer to control delivery demolition and construction hours and require the submission of a dust control details would help to safeguard the residential amenity of the surrounding occupiers Overall the recommended conditions would help to minimise the impact of the proposal on the surrounding neighbours

79 Sustainable Construction and Energy Efficiency

791 Policy 14 of the NNCSS requires new development to incorporate techniques of sustainable construction provision for waste reduction and recycling and water efficiency and recycling and a condition has been imposed on the outline planning permission which requires the submission of a sustainable strategy before commencement of development (condition 20) The application is accompanied by a document which details the works proposed to be carried out to the individual properties However due to the lack of information provided to demonstrate how the development would meet the requirements of this policy an informative is recommended to remind the applicant about the requirements of condition 20 which has not been satisfied by the information submitted as part of this reserved matters application

8 Other issues

81 Levels ndash Condition 6 of the outline planning permission requires the submission of slab level details at the reserved matters A drawing has been submitted to show the existing and proposed level changes across the site and the levels at which the proposed dwellings and garages would be constructed (drawing number JWMPB024A) Given that the levels within and surrounding the site are relatively consistent the proposed level changes are relatively minor and do not appear to raise any significant issues

Development Control Committee 79 of 100 Date printed 9 November 2011

82 Drainage ndash Condition 9 requires the submission of foul and surface water drainage details These proposals are shown on drawing number JWMPB024A and detailed in the submitted Drainage and Waste Disposal Strategy The applicant has given sufficient consideration to drainage for the purpose of this planning application and the drainage proposals would be further assessed as part of Building Regulations

83 Crime and disorder ndash No33 Westfield and no1 The Crescent would provide natural surveillance for the access road and the proposed dwellings would provide natural surveillance for each other within the development However in the interest of the residential amenity of the future occupants and to reduce opportunities for crime and the fear of crime during the evenings conditions are recommended to require the provision of lighting along the main access road and within the development and that details be submitted to ensure the security of the windows and doors

84 Refuse ndash The submitted plans show that a small area would be provided within the front garden of no33 Westfields for the storage of refuse and recycling bins The agent has been requested to enlarge this area so that sufficient space could be provided for bin storage towards the front of the access This matter would be further discussed in the committee updates and any amendments received will be reported in the committee update sheet

9 Recommendation

91 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and the following conditions

10 ConditionsReasons -

1 Prior to the commencement of the development hereby permitted details and a sample of the proposed facing brick(s) and roof tile(s) to be used for the construction of the dwellings and garages hereby permitted shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

2 Prior to the commencement of the development hereby permitted details of the colour and finish details of the render to be used on the exterior of the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order) no windows or other form of opening shall be inserted in the south and north facing elevations of plot 3 hereby permitted

Reason To ensure adequate standards of privacy for neighbours and occupiers

4 Before plot 4 hereby permitted is first brought into occupation the first floor en-suite window in the south facing elevation shall be fitted with obscured glazing to a minimum level of obscurity to conform to Pilkington Glass level 3 or equivalent and this obscure glazing shall thereafter be retained permanently

Reason To ensure adequate standards of privacy for neighbours and occupiers

Development Control Committee 80 of 100 Date printed 9 November 2011

5 Notwithstanding the submitted details and prior to the commencement of the development hereby permitted details of the provision of screening to the eastern western and southern boundaries of the site (to the properties along Western Avenue and The Crescent) shall be submitted to and approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erectedretained This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

6 Notwithstanding the details shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) alternative boundary treatment for the west and southern boundaries of no33 Westfields shall be submitted to and approved in writing by the Local Planning Authority This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings hereby approved and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

7 The planting seeding and turfing proposals shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) and any subsequent planting proposals approved in writing by the Local Planning Authority under conditions 5 and 6 above shall be implemented in the first planting season following the first occupation of plots 1 2 3 and 4 unless otherwise agreed in writing by the Local Planning Authority Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

8 Prior to the first occupation of the dwellings hereby permitted the vehicular accesses to the public highway and parking facilities shown on the submitted plans to serve the development shall have been completed and brought into use and be thereafter retained unless otherwise agreed in writing by the local planning authority

Reason In the interest of highway safety

9 Deliveries demolition or construction works shall be not be carried out except between the hours of 0800am -1800pm Mondays to Fridays 0830am ndash 1300pm on Saturdays and at no time on Sundays or Bank Holidays unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of residential amenity

10Prior to the commencement of any demolition work or other development on the site a method statement for the control of dust during demolition and construction shall be submitted to and approved in writing by the Local Planning Authority The works shall thereafter be implemented in accordance with the scheme so approved unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 81 of 100 Date printed 9 November 2011

Reason In the interests of residential amenity the orderly development of the site and to protect the environment

11Details of a scheme of lighting for the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development This shall include full details of the type of lighting number exact location and level and type of illumination The scheme shall thereafter be implemented in accordance with the details so approved prior to the first occupation of the dwellings unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

12A scheme to ensure the security of all of the ground floor doors and windows and easily accessible first floor doors and windows of the dwellings hereby approved including details of any secure standards shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be carried out in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

13 The development hereby permitted shall be carried out strictly in accordance with the approved plans plans received by the Local Planning Authority on 12 September 2011 drawing numbersJWMWH025 JWMPB02B JWMPB021 JWMPB22 JWMWH016 JWMWH017 JWMWH015 JWMPB010 JWMPB009 JWMPB011 JWMPB005 JWMWH008 JWMPB002 JWMPB001 JWMWH003 JWMWH004 and drawing numbers JWMPB006A and JWMPB024A received by the Local Planning Authority on 29 September 2011 unless otherwise agreed in writing by the Local Planning Authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 The additional information to which this decision relates is as follows Information received by the Local Planning Authority on 12 September 2011

lsquoSpecification for Works To Be Carried Outrsquo and Tree Survey

2 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 PPS9 PPG13 PPS23 and PPG24 Policies 1 2 3 45 48 of the East Midlands Regional Plan 2009 Policies 1 9 10 13 and 14 of the North Northamptonshire Core Spatial Strategy 2008 Policies 1 and 6 of the Rural North Oundle and Thrapston Plan 2011 Design SPD 2009 Planning Out Crime in Northamptonshire 2004 and Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of development accesshighway impact layout scale appearance landscaping parking impact on neighbouring amenities and sustainable construction

Development Control Committee 82 of 100 Date printed 9 November 2011

------------------------------------------------------------------------------------------------------------------------

The application has been approved as

1 The principle of the development is acceptable and is consistent with the development plan and guidance contained in national planning policies

2 The proposal would not harm visual amenity or the character and appearance of the area

3 The proposal would not have any significant access issues or an unacceptable impact on the local highway

4 The proposed layout scale appearance and landscaping proposals are acceptable 5 The proposal would not result in an unacceptable loss or harm to trees 6 The proposal would not have a significant impact on the amenities of neighbouring

occupiers or the amenity of the area 7 The proposal would meet the sustainable construction and energy efficiency

standards

A full report is available on the Councilrsquos website wwweast-northamptonshiregovuk

3 The applicant is advised that any materials containing asbestos should be safely removed and disposed off to an appropriately licensed waste management facility

4 Unfortunately the information submitted as part of this reserved matters application does not address condition 20 of outline planning permission number EN0901133OUT The applicantrsquos attention is drawn to the requirements of this condition

5 Please note that an application to discharge the above conditions will be required Please ensure that you allow sufficient time for your application to be determined prior to implementing your permission An approximate timescale of 8 weeks is required For full details please visit httpwwweast-northamptonshiregovukconditions

APPENDIX 1 Report to Development Control Committee 02122009 ------------------------------------------------------------------------------------------------------------------------

The application has been brought to Development Control Committee in accordance with the 2006 scheme of delegation as the proposal relates to more than one residential unit within a Restricted Infill Village (formerly classified by policy H10 of the local plan) In addition the Parish Council has objected on grounds that the access to the development would be dangerous

1 Summary of Recommendation

11 That permission be GRANTED subject to conditions

2 The Proposal

21The application seeks outline planning permission for the erection of four dwellings on the site All matters including access siting external appearance landscaping etc are reserved

22 Whilst all matters are reserved the submitted Design and Access Statement explains that the existing access which serves No33 Westfields would be widened and used to the serve the development and the garage located to the side of No33 Westfields would be demolished to accommodate the new vehicular access route These proposals are shown on the submitted indicative layout drawings

Development Control Committee 83 of 100 Date printed 9 November 2011

23 In addition the submitted Statement confirms that the dwellings will be for market housing and the housing mix is of a mixture of three four and five bedroom properties as the submitted statement states ldquoThe floor area of the dwellings will range from 1300 sqft giving a total of approximately 546m2 (5869sqft) and be 1 No 3 bed 2 No 4 bed and 1 No5 bed homesrdquo The Statement also advises that ldquoIt is intended that these would be of ground and first floor construction with some possibility of utilising the roof spacerdquo

24 The maximum scale parameters have been confirmed by the agent in an email dated 26102009 as follows

Plot 1 maximum width 9 metres maximum length 9 metres maximum height 10 metres to the ridge and 55 metres to the eaves

Plot 2 maximum width 10 metres maximum length 10 metres maximum length 10 metres maximum height to the ridge 95 metres and 55 metres to the eaves

Plot 3 maximum width 85 metres maximum length 9 metres maximum height to the ridge 9 metres and 55 metres to the eaves

Plot 4 maximum width 8 metres maximum length 8 metres maximum height to the ridge 85 metres and 55 metres to the eaves

25 An amended drawing was received on 16th September 2009 to address the concerns of the Local Highway Authority (see paragraph 64 below for full details)

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden curtilage by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary and this access currently leads to a detached garage located on the side of the main house

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

32 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

Development Control Committee 84 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Supplementary Planning Guidance Parking SPG March 2003 Planning Out Crime in Northamptonshire Feb 2004

45 Rural North Oundle and Thrapston Plan (emerging policy) The Rural North Oundle and Thrapston Plan went through an examination process in 2008 and 2009 Following this examination on 8 July 2009 the Inspector found the document sound However as yet the Council has not adopted the Plan as a Development Plan Document as such the Council is still treating the document as emerging policy The relevant policies in the RNOTP include

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

46 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008 Design SPD March 2009

5 Relevant Planning History

51 A residential scheme comprising 10 social housing units was granted on the land to the rear of numbers 9 to 21 Westfields under reference EN0800284FUL on 11062008 At the time of the application this site was known as Land between 6 and 16 Porters Lane Access to the site was provided In this application from the front of no15 Westfields

52 Previous applications proposing a bungalow and one or two dwellinghouses on the site were refused under planning reference 660008QTR on 14101966 and 6300067OTR on 05031964 respectively

53 Extensions and alteration have been permitted to the property No33 Westfields and these are listed below

- EN0000893FUL Detached double garage (revised scheme) Permitted 06122000

- EN0000091FUL Two storey rear extension and detached double garage Permitted 06042000

54 Extensions and alterations have also been permitted to no31 Westfields and these are listed below - EN9900406FUL Single storey rear extension Permitted 05081999

6 Consultations and Representations

61 Neighbours 18 neighbour letters received and the contents are summarised below

2 Baxters Lane Objection The neighbour considers the road to be busy and narrow with cars parked along on the road and on the grass The neighbour comments that ldquoThe area is densely populated On top of this is the only access to the Cricket ground and playing fields as well as serving the only village shoprdquo The neighbour is concerned that as the affordable housing scheme has yet to be implemented the development

Development Control Committee 85 of 100 Date printed 9 November 2011

would further increase traffic damage trade to the shop and increase the risk of accidents ldquoespecially the children of the village who use this only route to the playing fieldsrdquo

33 Church Street Objection The neighbour is concerned about road safety The existing site is considered to be on already dangerous corner and that the development would add permanently to this hazard

51 West Street Objection The neighbour is concerned about the proposed access The proposed access is considered to be too narrow and in itself a hazard In addition the corner of the site adjoins a lane which provides access for farm vehicles to the fields and access for pedestrians attending the cricket club and playing field further down the lane ldquoThe corner junction also provides access to the allotments and is used as a turning point by those frequenting the Post Office at the bottom of Westfieldsrdquo The neighbour is also concerned about parking as Westfields is often parked with vehicles at peak times and considers the situation to worsen once the scheme already granted for the 10 dwellings further along the road is complete The neighbour considers that a traffic survey taken in the morning and also late afternoon may better reflect the activity of the local area

1 Westfields Objection The neighbour feels that the area is already overdeveloped The neighbour advises that there is already traffic in the area from the rest of the village using the post office and shop and there are large farm vehicles using the road to get to the land west of the village where large vehicles have problems passing because of the parked cars The neighbour considers the main issue to be the entranceexit road on the corner of The CrescentWestfields which appears very dangerous and vehicles travel quite quickly at times

23 Westfields Objection In addition to the concern of increased traffic problems the neighbour is concerned about the increase in strain to their sewerage system and water supply as the area is experiencing a low water pressure problem

38 Westfields Objection on grounds that the road would exit onto a very busy and dangerous corner ldquoThere cars parked on the corner on both sides add to this that on a sunny day when you come from the Cresent direction the sun shines in your eyes and it is very difficult to see traffic coming up Westfields ndash mostly on the wrong side of the roadrdquo

40 Westfields Objection due to loss of privacy to neighbours and due to the development being a cramped form of development The neighbour is concerned that the development is situated on a busy corner which in itself would be dangerous and will impact seriously on parking by existing residents and also increase traffic especially during development

42 Westfields Objection The occupants have lived in Westfields from when the first homes were built The neighbour feels that the houses will be too crammed into the garden space of the two properties There are concerns about parking as few homes have off-road parking and there are many vehicles parked on the roadside The neighbour comments that ldquoThe Crescent and the entrance to the Drift I believe this to already be a road safety hazard and would like to see speed ramps in use Extra traffic four homes could mean at least 8 extra vehicles trying to pull out onto Westfields at this point would create hazards for traffic using using Westfields as a link in either directionrdquo In addition to road traffic the neighbour is concerned about the safety of pedestrians and local school children

Development Control Committee 86 of 100 Date printed 9 November 2011

44 Westfields Objection It is believed that this proposal would cause numerous problems to local residents including the loss of privacy and a cramped form of development The neighbourrsquos major concern is that the proposed entranceexit to this development is to be situated on a busy corner in which the neighbour considers dangerous and will impact on parking by existing residents and increase traffic especially during development

46 Westfields Objection ldquoThe main basis for this Objection is the impact this proposal will have on traffic flows and road safety along with the assertion by the proponent of the scheme that Easton on the Hill is a lsquoSustainable Communityrsquordquo The other concerns are summarised below

bull Traffic ndash The neighbour notes that a Traffic Audit has been submitted to provide some information on the current traffic flows along Westfields However the neighbour comments that this was conducted over one weekday and only between the hours of 10am and 2pm ldquoThe traffic survey did not cover commuter traffic ie those people driving to and from work and did not cover any weekend period at allrdquo The neighbour requests the Council to consider whether this survey is adequate to inform decision making

bull The cumulative impact from the proposed development with other developments in the vicinity on traffic and road safety

bull The proximity of the proposed access to the road bend and reduced visibility for drivers The development increases the risk of accidents to other road users and pedestrians in particular school children and young people

bull No33 currently has two entrances which they can use The parking of vehicles outside would obstruct both entrances

bull The neighbour is concerned that public parking would be restricted along this stretch of Westfields ie by the imposition of double yellow lines and considers this to be detrimental to the other residents and visitors

bull The neighbour considers the idea of lsquosustainable communityrsquo to be questionable as the new residents of the development will also use cars

bull The neighbour refers to Policy 2 of the RNOTP and questions whether the existing local services ie shops and schools would cope with the extra demand

bull The proposal increases the density of dwellings on the same area of land

48 Westfields Concerns are raised about the highway impact of the development ldquoAlready traffic comes down from The Crescent onto Westfieldrsquos (which is quite a sharp corner) as far too fast a speedrdquo and the damage caused to parking cars by the moving traffic The neighbour advises that the playing field already generate a lot of traffic In addition the neighbour is concerned about sewerage problems

3 The Crescent The neighbour advises that there is already a parking problem in the area where the roads are congested The submitted Traffic Survery does not take into account the busiest times of the day and pedestrian movement Concerns are raised on how emergency services will access the properties In addition the neighbour comments that there are already vacant houses for purchase in the recent development on Porters Lane and the submitted plans do not identify this development The submitted pictures shows no cars parked opposite the entrance and regularly there are at least 3 cars parked

16 The Crescent Objection Concerns raised on traffic from the farm The Close Western Avenue and Porters Lane and the danger on children who play in the area in the evenings

Development Control Committee 87 of 100 Date printed 9 November 2011

22 The Crescent Objection Concerns raised on traffic from local residents cricket club football field local shops and allotments and that the development would further increase traffic volume and harm local safety The access would adjoin onto Westfields at a corner which is currently unsafe and would increase the likelihood of accidents In the winter months the road is not gritted there have been accidents in the past and the proposed access road would increase danger to local residents

23 The Crescent no objection providing the houses are as stated in the application of two storey (ground and first floor) houses and not three storey town houses objection otherwise

14 Western Avenue The neighbour comments that the proposed driveway would be close to the road corner and the road corner is also the junction with the access lane to the local playing fields used by pedestrians children sports people and farm vehicles The allotments are also at this junction and there is currently no parking for the allotments These properties are considered to generate 15 cars and the neighbour questions whether this driveway can be considered a reasonable access In addition concerns have been raised on emergency vehicle access rubbish collection ldquoA single driveway would mean congestion on Westfields and The Cresent when a car wants to turn in if one was on the drive waiting to come outrdquo The traffic survey carried out for the times between 10am and 2pm hardly shows average usage ldquoCars that have been to the Post Office at the bottom of Westfields use the junction area as a turning point to go back down Westfields rather than go round The Crescent and Western Avenuerdquo ldquoWould the type of house being built actually be of benefit to the village there are still properties of this type for sale in the development on Porters Lane yet affordable housing for the village is required to either bring families into the village that will use the village school or provide single-storey accommodation for the elderlyrdquo The traffic from the recent development of 10 houses and other local traffic will need to be taken into consideration Parking is already a problem in the area as there is limited off-road parking and Westfields is particularly difficult to drive down because of the on-street parking

34 Western Avenue Objection The reasons are summarised below

bull Visual impact and in particular the spacious and rural appearance of the estate and the development would be a dominant feature

bull The development would be cramped and overdeveloped bull Plot 4 will overlook directly on the neighbours property and garden and affect the

neighbourrsquos view of the lsquorural aspectrsquo bull Loss of privacy ndash There is currently not a row of trees to the neighbouring boundary

Any trees planted would be so close to cause light problems to Plot 4 as this would be on the southern side of the property

bull Loss of light and overbearing from Plot 4 bull Harm to existing trees in particular the proposed driveway would impact on the tree

roots bull The tree canopies shown on the submitted drawing are inaccurate as they spread over

the boundary more significantly The existing vegetation is misinterpreted as trees bull Highway impact ndash The existing roads are narrow and care has to be taken with regard

to parked vehicles and oncoming traffic The submitted traffic survey was taken between 10am and 2pm but the village store and post office open between 7am and 7pm ldquoIn the mornings Porters Lane Western Avenue The Cresent and Westfields is used as a loop to drive to this shoprdquo and the traffic survey has not taken into account the 10 new houses built further down the road ndash estimated at being between 20 and 30 extra vehicles In addition the neighbour refers to the corner where Westfields and The Cresent meet and the traffic issues associated with the football pitch playing fields cricket club farm vehicles and allotments

bull Parking ndash would be a problem within the site there will be insufficient turningmanoeuvring space for vehicles to exit the site

Development Control Committee 88 of 100 Date printed 9 November 2011

bull Refuse ndash there are likely to be refuse problems as refuse lorries will not enter the site and refuse and recycling containers will have to be taken out to Westfields by the future occupiers

36 Western Avenue Objection

bull The access road to the development is situated close to the corner of Westfields and The Cresent and is unsafe and would increase the likelihood of accidents The proposal would intensify the use of the existing access from one to five and the visibility in the west direction is inadequate

bull The development would increase on-street parking where the existing road is narrow and has vehicles parked on both sides

bull Plot 4 would be positioned close to No34 and 36 Western Avenue and would be intrusive ldquoThe plan indicates trees directly behind plot 4 which are none existent only a low hedge existsrdquo

bull The neighbour is also concerned about noise due to the increase of vehicular movements and intensification of use of the site

bull The neighbour considers that the proposal would have an adverse affect on the character and appearance of the area would be a cramped form of backland development and would be over development of the site

bull Concerns have also been raised on the impact on nature conservation loss of wildlife habitat and loss of valuable green space within the estate

62 Parish Town Council objection ldquoon grounds that the access to the development proposal would be dangerousrdquo

63 Northamptonshire Crime Prevention Officer no objections subject to Northamptonshire Police being consulted on the full details during the submission of the Reserved Matters and in particular on the lighting scheme for the site The Crime Prevention Officer advises that Policy 13(b) of the Northamptonshire CSS states that ldquoSeek to Design out antisocial behaviour crime and reduce fear of crime by applying the principles of the Secured by Design Schemersquo and the Planning Out Crime in Northamptonshire SPG should be applied to the consideration of this application In addition the Crime Prevention Officer recommends that the homes should be built to attain the ACPO SBD Ltd ldquoSecured by Designrdquo award

64 Local Highway Authority The Highway Officer initially raised concerns that the visibility splay shown on the submitted drawing for the western side of the access was incorrect as third party ownership may prevent the implementation of the splays An amended drawing was later received to address the Local Highway Authorityrsquos concerns and the Local Highway Authority is now satisfied that sufficient information has been submitted to demonstrate that a vehicular access can be constructed in this location in accordance with the NCCrsquos adopted standards (see below for full details of recommendations)

65 Housing Strategy ldquoHousing Strategy does not support this application as the proposed type of housing will provide larger family dwellings and the need in the area is for smaller properties The provision of two bedroom houses for couples families or two bedroom bungalows for older people would be more appropriate Easton on the Hill has the highest percentage of older people in the District and the majority of these are owner occupiers The provision of bungalows would also mean less traffic congestion which seems to be a concernrdquo

Development Control Committee 89 of 100 Date printed 9 November 2011

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 PPS1 and PPS3 encourage the reuse of previously developed land and bearing in mind the sitersquos location within an existing settlement and a primarily residential area it is considered that the principle of residential development is acceptable

722 Easton on the Hill is classified as a lsquoCategory A Network Villagersquo in the Rural North Oundle and Thrapston Plan where there is scope for windfall development providing the development satisfies other criterias set in Policy 2 in terms of scale siting design has a satisfactory means of access and does not adversely affect the surrounding environment

723 Furthermore the principle of residential development to the rear of the properties along Westfields is already established by the recent development granted for 10 housing units to the rear of Nos9 to 21 Westfields under reference EN0800284FUL on 11062008 Therefore providing the development satisfies all other planning considerations (as listed above) it would be difficult for the Council to resist the development

73 Visual Impact

731 The application is in outline full details of the external appearance of the dwellings including their size positions and layout would be subject to a separate application and would be considered at the Reserved Matter stage

732 Whilst the application is in outline a layout plan has been submitted to provide an indicative illustration of the layout of the development and information has been provided by the agent to confirm the maximum scale parameters of the dwellings

733 In terms of layout it is considered that a housing scheme can be accommodated without detracting from the grain of surrounding development This is given that that the properties along Westfield follow a vertical pattern of development and the properties along The Crescent (to the west of the site) follow a horizontal pattern of development In addition whilst the properties along Westfields (that back onto the site) are located on more spacious plots and have longer and larger rear gardens the gardens of the properties along Western Avenue and some of those along The Crescent have much shorter and smaller gardens Given the surrounding mixture of garden layout and sizes it is considered that the development can potentially be accommodated without resulting detriment to the surrounding pattern of development and can be laid out without appearing too cramped

734 In terms of the height of the development a two-storey house measures approximately 8 metres in height to the ridge and the maximum height specified for the dwellings is between 85 to 10 metres in height The proposal is to have two-storey housing development with second floor accommodation provided in the roof and the maximum eaves height parameters of 50 to 55 metres stated by the agent would reflect this Given that the surrounding development is mainly two-storeys high and the fact that the dwellings would be barely visible from the main road it is considered that there will be no significant visual impact from this proposal

Development Control Committee 90 of 100 Date printed 9 November 2011

735 Based on the submitted information it is considered that the dwellings can be accommodated on this site without resulting harm to the character and appearance of the area A condition to require that the dwellings be two-storeys high and have a maximum ridge height of 100 metres (55 to the eaves) however is recommended in the interests of the character and appearance of the area to preserve neighbour amenity and to ensure that the development is carried out in accordance with the submitted proposals

736 Comments were received from neighbours raising concerns that the development would result in the loss of valuable open green space which lies to the rear of the properties The site currently forms the private rear gardens of Nos31 and 33 Westfields and given that this space is mostly concealed away and is not visible from public viewpoints it is considered that this space does not offer sufficient amenity value and therefore there is insufficient justification for the Council to prevent development on the site

74 Neighbouring Amenity

741 The submitted indicative layout plan demonstrates that the dwellings can be positioned within the site without resulting in an undue overbearing overshadowing or overlooking effect upon the occupiers in the residential properties nearest to the site including numbers 31 and 33 Westfields numbers 1 3 17 19 21 23 The Crescent and numbers 38 36 and 34 and 32 Western Avenue

742 The neighbouring buildings numbers 31 and 33 Westfields are positioned over 20 metres away from the northern boundary of the site Numbers 13 17 19 21 23 The Crescent are positioned approximately 28 metres away from the western boundary of the site and numbers 38 36 and 34 are positioned 20m metres away from the southern boundary of the site Whilst No32 Western Avenue is positioned approximately 14 metres away from the boundary of the application site this neighbouring property and rear garden area are positioned at an oblique angle to the site In addition the building shown south of Plot 3 on the submitted plan is a single-storey garage with openings in the eastern side

743 Whilst the exact positions of the proposed dwellings are unknown in this application for outline planning permission the dwellings are likely to be positioned within the site away from the boundaries and this is likely to further increase the front-to-front or back-to-back distance between the dwellings erected on the site and the existing surrounding houses A front-to-front or back-to-back distance of between 17 and 20 metres is normally sufficient to prevent any significant overlooking overbearing or overshadowing between buildings and would be sufficient in this case given the levels are relatively consistent within the site and with the surrounding properties

744 In terms of the impact on No32 Western Avenue the indicative position of Plot 4 shown on the submitted layout plan would demonstrate that a dwelling can be positioned at a minimum distance of 18 metres away from the rear of No32 Western Avenue Whilst this distance and the oblique angle between the Plot and the neighbouring property is sufficient to prevent undue overlooking and overbearing between the properties this distance can be extended if Plot 4 is positioned further within the site and is a matter than can be considered in the Reserved Matters

745 In terms of the impact on the garage located at the rear of No38 Western Avenue given that this building is single-storey in height no more overshadowing or overbearing impact is likely to result on this building than if 20 metre high fencing is erected along the boundary Furthermore adequate boundary screening would help to preserve the privacy of the neighbourrsquos garden

Development Control Committee 91 of 100 Date printed 9 November 2011

746 All other surrounding dwellings will be positioned further away and will be remain sufficiently physically removed and hence will not be adversely affected

747 Whilst some neighbours along Western Avenue have raised concerns that the boundary screening to the southern boundary of the site are inaccurately shown on the submitted drawing full details of boundary screening a survey of existing trees and landscaping can be requested by condition and this is a matter that can be considered at the Reserved Matters Therefore conditions have been recommended accordingly

748 In addition concerns have been raised by neighbours that the proposed access would result in undue noise disturbance due to increase in vehicular movements and intensification of use of the site The properties located immediately adjacent to the access are No1 The Crescent and No33 Westfields Given that the access is already in use by the occupants at No33 Westfields and the nature of the proposed development (for residential use of four units) it is considered that there are unlikely to be significant noise issues from this proposal and any noise resulting from traffic during development is likely to be temporary

749 Overall the impact on neighbouring amenities is considered insufficient to warrant the refusal of planning permission on this outline planning application

75 Highway Impact

751 Concerns were raised by local residents about the impact of the development upon highway safety The concerns primarily relate to the cumulative impact of the development with the existing traffic and parking associated with the local recreational ground allotments farm track local shop the scheme already approved for the 10 dwellings on the site nearby the location of the access to the bend and the access and turning arrangements to and within the site which were described to be narrow and inadequate In particular surrounding residents were concerned about the safety of pedestrian users including school children

752 Again Members are reminded that precise details of the vehicular access is a matter reserved for consideration as part of the Reserved Matters application all that needs to be considered in this outline application is whether the applicant has satisfactorily demonstrated that a vehicular access can be accommodated within the site to serve the proposed development to the Highway Authority standards

753 The Local Highway Authority (NCC) would usually require a shared access to measure 45 metres to allow emerging drivers to pass without conflict and the indicative layout plan shows that a shared access can be accommodated within the site which meets the NCC standards In addition the Local Highway Authority has advised that in order for an access to be acceptable in the location shown pedestrian visibility splays of 20 metres x 20 metres would need to be provided on both sides of the access and in terms of vehicular visibility splays sight lines of at least 430 metres x 430 metres (measured 20 metres back along the centre line of the proposed junction) would be required

754 Following the Highway Authorityrsquos concerns that the western side of the access had been detailed incorrectly (as this falls outside of the applicantrsquos ownership) revised details have been submitted to show visibility splays which falls within the site boundary In addition the vehicular visibility splay in the westerly directly has been extended to 450 metres to improve visibility in that direction for on-coming vehicles

Development Control Committee 92 of 100 Date printed 9 November 2011

755 Overall the Local Highway Authority has no objections to the proposal and is satisfied that a vehicular access can be provided within the site that would meet the NCC requirements In terms of conditions the Local Highway Authority has requested conditions to require (1) details be submitted to show the surface water side inlet gully relocated and installed a minimum of 10m sideway clearance from the shared vehicular access to point of discharge (2) adequate surface water drainage be provided to prevent the unregulated discharge of water onto the highway (3) that the first 50 metres of the vehicular access be hard surfaced and (4) that the first five metres of the access remains un-gated Such conditions and conditions on visibility are recommended accordingly in the interest of maintaining the safety of pedestrians and the safety of other highway users

756 The Highway Officer has considered the Traffic Survey submitted with the application and has advised that a survey of vehicular movements outside of busy hours is necessary for the collection of data which is intended to monitor the maximum speed of traffic In particular the Officer comments ldquoStopping Sight Distances is determined by the 85tile speed of traffic which determines the minimum distance emerging drivers are required to be available to assist whilst emerging from the shared driveway Noting the horizontal alignment and parked vehicles within the street the submitted data would appear to be appropriate for this particular layoutrdquo To summarise the Officer has taken into account the speed of traffic and the minimum distance necessary for vehicles exiting in this location to see on-coming traffic and noting the parking layout of vehicles along the street the submitted Traffic Survey would appear to be appropriate

757 In addition the Highway Officer was requested to consider whether roadway improvement works would be necessary for the section of road which runs between Westfields and The Crescent On this matter the Highway Officer advised that ldquoWith the proposed development of 4 dwellings I would not anticipate off site accommodation works although the applicant may wish to promote the change of priority to assist with reducing the traffic speed even further This in turn may help with the overall flow of traffic throughout the complete 24hour periodrdquo Overall the Highway Officer does not consider that the proposed development would have an adverse affect on the surrounding roads to the extent that would justify highway improvements and therefore it would appear unreasonable for the Council to request for these improvements This is given the overall scale and nature of the development

758 In terms of parking many of the properties along Westfields have off-road parking provided within the front garden curtilage In addition on-street parking is available in between vehicular access points along the street The proposed development comprising of four detached residential units is likely to generate the need for approximately 8 parking spaces (2 parking spaces per unit) The indicative layout shows single garage parking and driveways which allow parking for two vehicles to serve each property As the indicative layout has demonstrated that approximately 12 off-road parking spaces can be provided to serve the development (3 parking spaces per unit) it is considered that overall the submitted information has demonstrated that sufficient parking can be provided

759 The application site lies approximately 130 metres away from the scheme of 10 residential units granted on land to the rear of Nos9 to 21 Westfields Whilst both developments are located along Westfields they are located some distance away from each other and have different access arrangements Overall it is considered that each development would have to be considered individually in terms of its highway impact and on its own merits

Development Control Committee 93 of 100 Date printed 9 November 2011

7510 Overall it is considered that there will be no significant highway impact from this proposal and the impact on highway safety is insufficient to justify a refusal of planning permission on this application

76 Access for Emergency Vehicles and Refuse Storage and Collection

761 The indicative layout plan shows a shared access which meets the Local Highway Authority standards and this would sufficiently demonstrate that emergency vehicles would be able to gain access to the site

762 In terms of refuse collection the Local Highway Authority had initially commented that they would not wish to see refuse stored at the front of the site that would obstruct the vehicular access or public highway In response to the Local Highway Authorityrsquos concerns the amended drawings now show a section of the first 10 metres of the vehicular access widened to measure 58 metres in width and this would demonstrate that sufficient space can be provided at the front of the site for the storage of bins before collection without resulting obstruction to the access drive or public pavement

763 Due to the distance of the properties to the highway (some 70 metres) this means that the future occupiers would have to move their refuse to the front of the site near Westfields for collection ENC Waste Management would not be able to collect waste directly from the site as the distance recommended by ENC Waste Management for Waste Crews to travel to collect waste must not exceed 25 metres and the recommended distance for residents to travel to use bin stores should not be more than 30 metres Overall it is considered that the proposed refuse collection arrangements would be insufficient to justify the refusal of planning permission on this application

77 Drainage and Sewerage

771 Concerns were raised by some of the surrounding residents that the development would add strain on the existing drainage and sewerage systems and that the area experiences a low pressure problem Building Control and Environmental Protection were consulted on this matter and they have responded as follows

772 Building Control has advised that they were not aware of any drainage issues in the area In terms of the cumulative impact of the development with the development already granted for the 10 units on land to rear of Nos7 to 21 Westfields it is for the developer to liaise with Anglian Water to provide adequate drainage and sewerage facilities to serve the development and this may involve upgradingimproving the existing systems

773 Environmental Protection advises that they have checked through their records relating to drainage in the local area Whilst there have been some problems at individual properties ie where there have been breaks in pipes due to rats and problem with a blocked shared drain works were carried out by Anglian Water and the file was closed in March this year

774 Overall there are no apparent issues that would justify the refusal of planning permission However in order to ensure that satisfactory drainage systems are provided to serve the development a condition to require the submission of drainage details together with the other Reserved Matters details is recommended

78 Housing need in Easton on the Hill and whether existing local services would cope with demand

Development Control Committee 94 of 100 Date printed 9 November 2011

781 Housing Strategy has advised that there are approximately 500 houses in Easton on the Hill of which 82 are deemed affordable (14 are shared ownership and 68 are rented) For a development site of less than 028 hectares it is likely that market housing made up of smaller units would be needed ldquoThe Strategic Housing Market Assessment (SHMA) indicates that the need in the Fineshade Ward is for smaller dwellings which I would interpret as two bedroom properties Fineshade has in fact got one of the highest levels of under occupancy in the District which indicates that there are a lot of larger dwellings in the wardrdquo

782 Whilst the Housing Market Assessment suggests that there is a need for smaller units and Housing Strategy has suggested that bungalows would be a more appropriate type of housing for the local area it is considered that the proposed development comprising of medium sized detached units would be more in-keeping with the layout of housing and tenure found in the local area Overall it is considered that the lack of need for medium sizedlarger units would be insufficient to justify the refusal of planning permission on this application

782 Residents express concern that the development would increase demand on local services The number of dwellings proposed and size of the site falls below the threshold set out in our SPD in respect of developer contributions

79 Impact on nature and conservation

791 Whilst the proposal involves demolition of the existing garage located to the side of No33 Westfields this is a domestic garage that has been in use and therefore there are unlikely to be any bats or birds to be affected

710 Impact on trees

7101 Most of the vegetation bordering the site to the southern eastern and western boundaries consists of a mixture of trees and shrubs In particular a row of conifers lie along the northern part of the western boundary of the site and these are situated within the garden of the neighbouring property No1 The Crescent In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the main boundaries of the site conditions requiring the submission of tree protection details and Arboricultural Method Statement details are recommended

7102 Whilst a few trees can be found located within the site these offer limited amenity value to the wider surrounding area Subject to most of the trees located along the main boundaries of the site being retained and that a landscaping scheme is provided it is considered that this would help to assimilate the development into the surrounding area and help to preserve neighbour amenity

8 Other issues

81 Amenity space -The submitted indicative layout would show that adequate amenity space could be provided to serve the dwellings In addition sufficient amounts of rear garden area would be left for the original properties Nos33 and 31 Westfields

82 Withdrawal of permitted development rights ndash In order to safeguard the amenity of the future occupiers of the dwellings and ensure the dwellings would not be unacceptably altered in the future (particularly in the roof) and to avoid detriment to the character and appearance of the area it is recommended that Class A B and C permitted development rights (relating to extensions and roof alterations) be withdrawn from the properties

Development Control Committee 95 of 100 Date printed 9 November 2011

83 Crime and Disorder - this application does not raise any significant issues as there would be mutual overlooking between the dwellings within the site and surrounding the site A condition however to require details of a scheme of lighting to be submitted is recommended to ensure that the access driveway is appropriately lit in the evenings

84 Access for Disabled ndash the buildings would not be subject to any public access and therefore does not raise any significant issues

9 Recommendation

91 That the application be GRANTED subject to the following conditions

10 ConditionsReasons -

1Approval of the details of the access siting scale and appearance of the building(s) and the landscaping of the site (hereinafter called ldquothe reserved mattersrdquo) shall be obtained from the local planning authority in writing before the development is commenced

Reason The application is in outline only and the reserved matters referred to will require full consideration by the Local Planning Authority

2Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

3The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

4The details required to be submitted by condition No 1 shall include the provision of boundary screening to the site This shall include details indicating the positions height design materials and type of boundary treatment to be erected This boundary screening shall then be provided in accordance with the details so approved before the development is brought into use and shall be retained thereafter in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

5The dwellings hereby approved shall be limited to a maximum height of two storeys only with rooms in the roof in accordance with the principles of the submitted design and access statement received on 20th July 2009 and agent email received on 26th October 2009 and shall have ridge heights not exceeding 100 metres and eave heights not exceeding 55 metres

Reason In the interests of the character and appearance of the street scene and amenities of the neighbouring occupiers

Development Control Committee 96 of 100 Date printed 9 November 2011

6The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include drawings showing the slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall there after be constructed in accordance with the details so approved in writing by the local planning authority unless otherwise agreed in writing by the Local Planning Authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

7Before commencement of development details and samples of the external materials to be used for the construction of the dwellings shall have been submitted to and be approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

8The details required to be submitted by Condition No 1 hereof shall include the provision of foul water and surface water drainage installations to serve the development proposed

Reason To safeguard public health and ensure that satisfactory foul and surface water drainage provisions are provided to serve the development

9The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include vehicular access details and pedestrian visibility splays of 20m x 20m and vehicular visibility splays of 430m x 430 metres (measured from a point 20 metres back along the centre line of the proposed junction) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

10 Before commencement of development details shall be submitted to the Local Planning Authority to show the relocation and installation of the surface water side inlet gully and the gully shall have a minimum of 10m sideway clearance from the shared heavy duty vehicle access to the point of discharge The development shall thereafter be implemented in accordance with the details so approved in writing unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of highway safety

11Adequate surface water drainage system shall be provided to prevent the unregulated discharge of water onto the highway boundary and these measures shall be implemented before the development is brought into use

Reason In the interest of highway safety

12Before the development hereby permitted is commenced details of the construction and surfacing of the vehicular access to the public highway parking facilities and all other hard-surfaced areas within the site shall have been submitted to and approved by the local planning authority These facilities shall then be provided in accordance with the approved details before the first occupation of the development

Reason In the interest of highway safety and visual amenity

Development Control Committee 97 of 100 Date printed 9 November 2011

13The vehicular access shall have a gradient not exceeding 1 in 15 for a distance of 50 metres back from the correct level at the highway boundary Prior to the first occupation of the development hereby permitted this area shall be paved with a hard bound surface for a minimum of 50 metres back from the highway boundary and be thereafter retained

Reason In the interest of highway safety

14Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) any gates or other form of barrier provided at the access point shall be positioned 50 metres back from the highway boundary and shall be hung to open inwards only

Reason In the interest of highway safety

15The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include a scheme of landscaping for the site The details shall include a plan at not less than 1500 showing the position species canopy spread and height of all trees within and adjacent to the site indicating those to be retained and those proposed for felling and planting The development shall thereafter be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development

Reason To ensure a reasonable standard of development and to avoid detriment to the amenity of the area

16Before commencement of development protection details for the on-site trees in particular the trees located along the western southern and eastern boundary of the site shall be submitted to and be approved in writing by the local planning authority These details shall be in accordance with BS58372005 and the development shall be implemented in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

17Before commencement of development an Arboricultural Method Statement shall be submitted to and be approved in writing by the local planning authority This statement shall be in accordance with BS58372005 and the development shall be carried out in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

18Prior to the commencement of the development hereby permitted details of a scheme of lighting for the site shall be submitted to and approved by the local planning authority and the scheme shall thereafter be implemented and retained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To minimize the opportunities for crime and fear for crime

19Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any Order amending or re-enacting that Order with or without modification) there shall be no development within Classes A B or C of Part 1 of Schedule 2 to that Order without the prior written approval of the Local Planning Authority

Development Control Committee 98 of 100 Date printed 9 November 2011

Reason To protect the amenity of adjacent occupiers to ensure a satisfactory elevational appearance for the development and ensure the development would not detract from the character and appearance of the area

20Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy shall be submitted to and be agreed in writing by the Local Planning Authority to demonstrate that the development would meet requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

Informatives

1 The drawings to which this decision relates are as follows

Site location plan scale 12500 shown on drawing number SAS71902 and existing site plan drawing number SAS71901 received on 20th July 2009 drawing number SAS71902 Revision A received on 16th September 2009 Design and Access Statement received 20th July 2009 Sustainability Appraisal and Energy Statement received on 31st July 2009 Scott Architectural amp Interior Services letter received 16th September 2009 and Scott Architectural email received 26th October 2009

2 The reason for the above decision is because the development proposed accords with the Development Plan and other material considerations as required by Section 38(6) of the Planning and Compulsory Purchase Act 2004 In particular with

National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

Development Control Committee 99 of 100 Date printed 9 November 2011

Rural North Oundle and Thrapston Plan (Emerging Policy) Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

Supplementary Planning Guidance Parking SPG March 2003

Planning Out Crime in Northamptonshire Feb 2004

Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008Design SPD March 2009

Development Control Committee 100 of 100 Date printed 9 November 2011

743 Environmental Protection (Commercial) have offered no objection as regards odour providing that the electrostatic precipitator which would control odour levels is installed correctly and maintained in a manner recommended by the manufacturer

744 However when dismissing the appeal against the previous refusal the Inspector noted (paragraph 8) that Annex 1 of Planning Policy Statement 23 Planning and Pollution Control says statutory nuisance is not intended to secure a high level of amenity and nuisance does not equate to a loss of amenity Rather a significant loss of amenity will often occur even with a highly effective system The Inspector considered that the views of the EHO in relation to odour did not necessarily indicate that harm to the amenity of residents would not result from the proposal but was satisfied that any noise from inside the building or from the ventilation system would have no adverse affect

745 The Inspector was also of the opinion (paragraph 7) that given the close relationship of the site to the surrounding dwellings the nature of the food to be cooked and the character of the area that no condition attached to a grant of planning permission would ensure that a suitable ventilation system could be agreed

746 In view of the previous appeal decision the Inspectors comments and those of the EHO that they are unable to state categorically that there will be a total absence of odour the proposal has strong potential to detract unreasonably from the living conditions of the neighbouring residents by virtue of odours arising from the cooking process and therefore conflicts with Policy 13 of the North Northamptonshire Core Spatial Strategy

75 Highway Impact

751 The Local Highway Authority has no objection to the application as in its opinion the proposed takeaway would not significantly attract any more traffic flow than the existing A1 use

752 A large percentage of objections to the proposal refer to problems with on street parking in Prospect Avenue and the dangerous junction with Higham Road due to limited visibility and irresponsible parking

753 The Local Highway Authority has provided a detailed response on the highway safety and parking issues raised by local residents In summary the response states that the width of both Prospect Avenue and Higham Road allow some form of on-street parking although this is restricted by junctions and driveways To allow an emergency vehicle or bus to pass through easily would mean that cars could not be parked directly opposite each other Considerate parking to allow the safe movement of all road users is a requirement of the ldquoHighway Coderdquo

754 The original response was based on the opinion that both Prospect Avenue and Higham Road had a nominal width of 73 metres When this statement was challenged the Local Highway Authority accepted that Prospect Avenue had a width of 69 metres and the width of Higham Road varied No figures were given for this variation They therefore concluded that the roads did have a nominal width of 73 metres and made no change to the opinion that the highway authority had no objection to the proposal

755 The Highway Authority advise that consideration could be given in the future to imposing a ldquoTraffic Regulation Orderrdquo at the junction of Prospect Avenue and Higham Road This would allow the provision of double yellow lines which could then be subject to enforcement action by the appropriate authority This would already apply to the bus stops on either side of Higham Road

Development Control Committee 7 of 100 Date printed 9 November 2011

756 The Local Highway Authority has also provided figures relating to accidents classified as serious within the Department for Transport definition These figures were taken from statistics from 2001 to 2007 while the premises concerned was still operating as a shop and before the opening of the Rushden and Higham bypass The figures show two serious accidents within 100 metres of the junction and two more slightly outside the 100 metre radius

757 Since 21 September 2010 there have been no injury collisions recorded at or near to the junction of Higham Road and Prospect Avenue and only two damage only collisions For this reason the Local Highway Authority believes there is no reason for concern over the junctionrsquos history with regard to the application under consideration

758 The Local Highway Authority does however have concerns that inconsiderate drivers may park on the footway fronting the development site and should the application be approved has suggested the following condition ldquoNotwithstanding the submitted details prior to the commencement of the development the following details shall be submitted to and approved in writing by the local planning authority-

bull Measures to provide appropriate street furniture to prevent vehicle use whilst maintain the free flow of pedestrian movement throughout the frontage of the site within Higham Road and Prospect Avenue Reason In the interest of highway safety

759 Although the Local Highways Authority has no objection to the application subject to condition they advise that the Local Planning Authority has to satisfy itself that there would be sufficient on-street parking to sustain the development

7510A large number of representations have highlighted the parking issues in Prospect Avenue particularly at the junction with Higham Road and the impact parking has on the free flow of traffic in and out of the Avenue This was particularly true when the previous retail unit was still open

7511Although the visibility splays on exiting Prospect Avenue into Higham Road are acceptable the Local Highways Authority do not consider the visibility on turning off the main road Located within the pavement on both sides of Prospect Avenue and near to the junction are two large trees the trunks of which do limit visibility along Prospect Avenue as you turn in Any vehicles parked close to the junction would cause vehicles entering or leaving the Avenue to drive in the middle of the road This fact along with the reduced visibility on entering Prospect Avenue is a cause for concern

7512There is a clear conflict of interest with a proposed facility that would inherently attract a level of private car travel to a site in a residential area that relies heavily on on-street parking The nature of a hot food takeaway requires that food is taken away to be eaten while still hot and despite what the Highway Authority says your officers view is that it is likely that the level of private car travel will be higher than for the previous retail use

7513Whilst accepting that the proposed use is likely to have some adverse impact on the highway network such impact would not warrant a refusal on the grounds of highway safety due to the remedial measures suggested by the Local Highway Authority

Development Control Committee 8 of 100 Date printed 9 November 2011

7514Highway safety was one of the reasons for refusal on the previous application The Inspector concluded that due to opportunities to park nearby the proposal would not have a material effect on highway safety when compared with the existing use as a shop and that the proposal would not conflict with Policy 13 of the Core Strategy Costs were not awarded against the Council on this reason for refusal as the Inspector believed the Council had not been unreasonable in its position However it would be unreasonable behaviour if the Council continued to argue that the proposal would impact on highway safety

76 Litter and Other Environmental Impact

761 Increased litter is a major concern of objectors along with the vermin which it may attract

762 Litter bins and recycling bins are to be made available on site although full details are not provided Provision of details could be controlled by condition if Members were minded to grant permission

763 The applicant states that there will be no trade effluents or waste As the proposal is for a fish and chip shop it would seem natural that there will be food waste including the parts of the fish which are not used if the fish are prepared on the premises and used cooking oil Should Members be minded to approve the application these are matters which could be controlled by condition

77 Crime and Disorder

771 Many local residents have raised concerns that the takeaway would result in crime and disorder issues Northamptonshire Police have advised that they have no evidence to suggest that the change of use will increase occurrences of anti-social behaviour in the area and that they have no formal objection to the application They recommend the addition of a condition requiring that the proprietor of the premise fund the installation of appropriately placed public litter bins and take liability to clear any associated litter lying around in the immediate vicinity

772 As Northamptonshire Police have raised no objection to the proposal and would be the authority responsible should issues arise it is considered that the application would be difficult to refuse on grounds of crime and disorder Northamptonshire Police have also been consulted by Northamptonshire County Council regarding the switching off of the adjacent street lighting

773 In the determination of the previous application one reason for refusal agreed by Members was the likelihood of an increase in and the fear of crime and disorder In his appeal decision the Inspector stated that there was no evidential basis to show an expected increase in crime and disorder in connection with the change of use and that the fear of crime did not demonstrate a conflict with Policy 13 if the Core Strategy Costs were awarded against the Council as significant weight had been placed on the concerns of the public rather than valid planning reasons (paragraph 5)

78 Proximity to local schools

781 Many local residents have raised concerns about the possibility of a takeaway being opened at a site which lies between the two local secondary schools and on a route that schoolchildren will take Their concerns are that pupils from both the Ferrers Specialist Arts College and the Rushden Community College will have easy access to unhealthy food

Development Control Committee 9 of 100 Date printed 9 November 2011

782 In June 2010 the High Court quashed a decision taken on an application for a takeaway close to a school [ R (on the application of Copeland) v Tower Hamlets London Borough Council] The facts of the case were that Tower Hamlets had approved an application for a hot food takeaway within 500 yards (457 metres) of the entrance to a local school The Judge ruled that the Councillors had been wrongly informed that they could not take the proximity of the school into account as a material consideration The Judges view was that the healthy eating policy of the school should have been considered by the Council

783 The case does not mean that applications for takeaways close to schools should automatically be refused What it made clear however is that the proximity of a takeaway to a school is a material consideration Members need to consider the weight to apply to this consideration

784 One further reason for refusal of the previous application was that it was contrary to Policy 13 of the Core Strategy which states that development should be designed to promote healthier lifestyles The Inspector concluded that although the proximity to the school and the health of pupils was a material consideration the numbers of pupils taking advantage of the proposal would not be significant as to warrant refusal Costs were awarded against the Council as to carry significant weight such concerns should be founded on valid planning reasons supported by substantial evidence It was the Inspectors opinion that such evidence had not been forthcoming (paragraph 5)

785 As alternative existing takeaways with similar or longer opening hours are available locally overall it is considered that the proximity to the school and the health of the public would not warrant a refusal of planning permission

79 Public Opposition

791 Public opposition can be a material consideration even if it is found to be unjustified It remains a matter for the decision maker to asses the weight to be applied Fears and concerns by members of the public may constitute a material consideration if they relate to a matter which in itself is material or they are objectively justified However where public concern is baseless such concern should not influence any decision to an unreasonable degree

792 The public opposition in the case includes concerns about all of the material considerations above principle of development visual impact neighbouring amenity highway impact litter and environmental impact crime and disorder and proximity to local schools The public opposition is therefore itself a material consideration However for reasons set out in this report officers views are that these concerns would not warrant a refusal of planning permission

8 Other issues

81 Access for the Disabled ndash The proposal incorporates a ramped access to the serving area Therefore this application does not raise any significant issues which cannot be controlled through Building Regulations

82 The Local Area Agreement (LAA) is not an adopted Development Plan Document (DPD) Northamptonshires LAA forms part of the action plan for delivering the Sustainable Communities Strategy priorities One such priority is to help residents to make choices that improve their health and wellbeing However the LAA forms only part of the Community Strategy priorities and lies outside the area of wider planning policy The Northamptonshire NHS Healthy Weight Healthy Lives Strategy 2010-2014 and the Schools Healthy Eating Policies have already been taken into account when considering the proximity of the takeaway to the local schools and it is the officers view that the LAA would not add any further weight to warrant a refusal

Development Control Committee 10 of 100 Date printed 9 November 2011

83 The need for this type of business is not in itself a material consideration There is no adopted Development Plan Policy which seeks to limit the number of takeaways in this particular area

84 The issue of subsidence at the site is not a material planning consideration

85 Fire safety precautions would be subject to Building Regulations

86 Localism It is the clear intention of the government to reform the planning system to give local people more influence over their lives However the Localism Bill is still working its way through Parliament and may be subject to change before it becomes law and should be given limited weight

87 Repeat applications The criteria for acceptance of planning applications for similar development at a specific site are provided in Part 4 of the Planning and Compulsory Purchase Act 2004 Guidance is given in ODPM Circular 082005 Powers to decline to determine an application extend only to two refusals by the local planning authority within the last two years The Circular also states that if an application has been revised in a genuine attempt to take account of objections to an earlier proposal then it should be determined The current application has been submitted taking into account the Inspectors reason for refusal

9 Recommendation

91 That the application be REFUSED for the following reason

10 ConditionsReasons -

1 The proposed development due to the close relationship of the site to the surrounding dwellings by reasons of smell and odour would give rise to a significant loss of amenity for neighbouring dwellings The application is therefore considered to be contrary to Policy 13 (l) of the North Northamptonshire Core Spatial Strategy which states that development should not result in an unacceptable impact on the amenities of neighbouring properties and the wider area by reason of noise vibration smell light or other pollution loss of light or overlooking

Informatives

1 The drawings to which this decision relates are as follows Drawing nos 1 and A100 received by the Local Planning Authority on 18 July 2011

Development Control Committee 11 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 28 October 2011

Case Officer Samantha Hammonds EN1100700OUT

Date received Date valid 9 May 2011 15 June 2011

Windmill Raunds

Overall Expiry Ward Parish 14 September 2011 Raunds

Applicant Roxhil Warth Ltd And Robert How - Mr M Eckershall

Agent Mr David Shaw

Location Phase 2 Warth Park Way Raunds Northamptonshire

Proposal Outline Demolition of existing buildings development of employment park including A345 B1b and c B8 C1 Di and D2 uses together with access parking areas and open space (all matters reserved except for access)

1 Summary of recommendation

11 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

2 The proposal

21 This is an outline application for development of an employment park including A345 B1b and c B8 C1 D1 and D2 uses together with access parking areas and open space to make way for the proposed development the existing Scalley Farm would be demolished Only access is up for consideration at this stage all other matters are reserved for later consideration

22 Indicative plans have been submitted that show how the site could be developed These plans show a cluster of leisure uses including a hotel health and fitness unit two family pubs a family restaurant and a creche forming a gateway to the development and to Raunds itself by reason of their position on the northern corner of the site adjacent to the A45 roundabout and opposite the football club West of this leisure gateway would be a cluster of small B1b and c business units which could be for research and development laboratories or light industry and these would be situated immediately north of the existing Wiseman Dairies building A new estate road would run between the business and leisure clusters leading in an arc to three large B8 warehouse units and their associated parking Beyond these in the western corner and north western edge of the site would be an area of landscaped public open space and sustainable urban drainage systems A public footpath and cycleway would meander through the public open space joining up with the end of the Meadow Lane bridleway

23 The indicative breakdown of uses that has been put forward in the application (Transport Assessment and Sequential Impact Assessment) is as follows

Development Control Committee 12 of 100 Date printed 9 November 2011

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

24 The following reports and information accompanied the application bull Environmental Statement bull Design amp Access Statement bull Sustainability Statement bull Transport Assessment bull Framework Travel Plan bull PPS4 Sequential and Impact Statement bull Outline Waste Management Plan bull Ground Investigation Reports bull Statement of Community Involvement bull Flood Risk Assessment

25 During the course of the applications revisions were made to the masterplan road layout Flood Risk Assessment the Travel Plan the Archaeological Investigation Ecological Surveys Sequential and Impact Assessment and additional photomontages were produced A full re-consultation on these amendments was initiated on 29 September 2011

26 As the proposal is for a major out of centre development and includes leisure uses the application will need to be referred to the Secretary of State before permission can be granted

3 Site and Surroundings

31 The site is situated to the north west of the settlement of Raunds and is currently agricultural land occupied by a farmstead known as Scalley Farm The site forms a large triangle of land to the north and west of the existing Warth Park development bound to the south by Meadow Lane to the north west by the A45 and to the east by London Road Open countryside surrounds the site in all directions except to the east where the site abuts the built edge of Raunds and its associated mix of employment leisure and residential uses

32 The site is effectively a valley slope with its south eastern end situated on a ridge before sloping down towards the north west and the A45 Beyond the site boundary and the A45 the valley continues to slope downwards towards Stanwick Lakes and the River Nene

33 The Upper Nene Valley Gravel Pits Site of Special Scientific Interest (SSSI) and the Special Protection Area (SPA) is situated some 200m to the north east of the site on the opposite side of the A45 This area also accommodates two former medieval settlements which are historic monuments of special archaeological interest

34 Whilst part of the application site is situated in the parish of Ringstead the village of Ringstead is some distance away from the proposal

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development

PPS4 ndash Planning for Sustainable Economic Growth (and Practice Guide) PPS7 ndash Sustainable development in rural areas

Development Control Committee 13 of 100 Date printed 9 November 2011

PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

PPS22 ndash Renewable Energy PPG24 ndash Planning and Noise

PPS25 ndash Development and Flood Risk

42 Regional Spatial Strategy for the East Midlands (RSS8) Policy 1 - Regional Core Objectives Policy 2 - Promoting Better Design Policy 11 - Development in the Southern Sub-Area Policy 18 - Regional Priorities for the Economy Policy 20 - Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 22 - Regional Priorities for Town Centres and Retail Development

43 East Northamptonshire Local Plan 1996 Saved Policy GEN3 ndash Planning Obligations

44 North Northamptonshire Core Spatial Strategy Policy 1- Strengthening the Network of Settlements Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution amp Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

45 Supplementary Planning Guidance Planning out crime Parking Sustainable Design Biodiversity

46 Other documents HM Treasury Plan for Growth (March 2011)

Draft National Planning Policy Framework (July 2011) East Northamptonshire Employment Land Review (ELR) December 2006 Northamptonshire Strategic Employment Land Assessment (SELA) November 2009

Raunds Masterplan Raunds Area Preferred Options

5 Relevant Planning History

51 0200025FUL - Use for B1 business B2 industrial and B8 warehousedistribution Permitted March 2003

52 0300564OUT - Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted

53 0600904RWL - Renewal of 0300564OUT Class B1 business B2 general industrial and B8 storage and distribution development and associated infrastructure Permitted July 2006

54 0701304REM - Approval of reserved matters for a single industrial warehouse building Permitted September 2007

55 The above consents in as far as they relate to the application site have expired and can no longer be implemented

6 Consultations and Representations

61 Responses from residents and neighbours

Development Control Committee 14 of 100 Date printed 9 November 2011

611 10 objections were received from local residents of Raunds and Stanwick

LANDSCAPE AND VISUAL bull Worried about loss of countryside bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Impact on visual amenity of the district It will be seen for miles around including views

to and from Stanwick Lakes This sort of development should be out of view not on the skyline

bull More landscaping is needed to hide the big sheds along the Meadow Lane boundary bull More attention is needed to bunding screening and landscaping using mature trees bull Can we insist on darker cladding like the GEM building at the entrance to Warth Park

as this greatly reduces the visual impact a short distance away bull Photomontages are misleading as they are taken from a long distance bull To extend the existing Warth Park development as proposed would be a mistake as it

would be a blot on the landscape bull Views from Stanwick Ringstead and Addingtons would be destroyed bull More consideration is needed of the view from Stanwick Lakes which is an area of

natural beauty and a top tourist attraction bull Industrial units ruin the first impression of Raunds gateway Raunds is a picturesque

rural town not an industrial estate bull No architectural merit of appeal bull How will the gateway look as you approach the site from within Raunds This is more

important to local people than the long-distance views bull Height of the proposed units is out of scale to the existing development bull Layout increases the visual impact and simply serves to cram as much in as possible

around the site constraints

TRAFFIC bull Increase in lorry traffic on the single carriageway A45 between Stanwick and Thrapston bull Too many lorries going in and out causing congestion bull Lorries use London Road as a short cut even though they are not supposed to

London Road is too small to cope with existing lorries The additional traffic will worsen the situation particularly if 24 hours

bull Existing hazard created by heavy lorries accessing the sewage works via a narrow bridleway More sewage will mean more traffic hazard

bull More traffic on the A45 will mean increased delays where the A45 changes from dual to single carriageway making it more likely that vehicles will seek shortcuts through Stanwick particularly during the construction phase

bull Developments of this magnitude should be on duelled roads (ie Thrapston Wellingborough)

bull Existing London Road roundabout is not suitable or of adequate size to handle HGVs bull Existing operators on Warth Park phase 1 wish to be assured that there will be no

restrictions on their vehicle movements during construction and that there will be no access to the B1C units from the Robert Wiseman access

NOISE bull 69 London Rd 17 Gardner Close 33 Crispin Way 38 Keston Way bull Have to close our windows at night due to the noise of lorries engines shunting

loading reversing sirens air conditioning fans shouting etc bull Noise during the day disturbs shift workers sleep bull More thought needs to be put into the effect of noise pollution in the local area bull Too close to a residential area to have 24 hour operation bull Additional 24 hour warehouse units will increase both the volume and frequency of the

existing disturbance bull Existing noise bunds along London Road are inadequate The height and planting of

these should be looked at bull Noise should be monitored

Development Control Committee 15 of 100 Date printed 9 November 2011

bull Could we prevent the use of reversing sirens and fansair conditioning at night bull Noise evaluation taken on a quiet day at a quiet time of year bull Tranquil setting of Meadow Lane bridlewayfootpath will be spoiled bull Anticipate huge increase in traffic noise

RESIDENTIAL AMENTIY bull Light pollution during the winter months - existing security lighting is intrusive to our

homes Further development will only increase this bull Existing lights dazzle as far away as Stanwick bull Lighting needs to be upward and not positioned so it reflects off buildings bull CCTV cameras that are operator controlled could zoom in on bedrooms at the rear of

our properties

PRINCIPLE NEED bull Is it really necessary The last development took ages to become occupied and these

have not provided the level of employment that was anticipated bull Concerns about Northamptonshire becoming a low skilled work area full of

warehouses bull Too much emphasis on low skilled part-time temporary work bull Workforce will come from surrounding conurbations not Raunds bull Environmental impact of hauling goods around on the roads to store in sheds bull Adverse impact on tourism if visitors to the area only see big sheds bull Serves the needs of the developers more than the local community bull Excessive scale of development bull This area should not proceed as this area was not even discussed for significant

extension at the latest consultation bull Will take trade away from the existing town shops rather than bring in new business bull Not all the plots on the first development were taken until the rent was dramatically

reduced putting more pressure for them to be dropped even lower now therersquos more

BOUNDARY bull Outside the boundary of Raunds it overlaps with adjacent villages

SUSTAINABILITY bull Suggest solar power for the roofs bull Renewable elements should be included bull A post construction BREEAM assessment should be carried out

FLOODING bull Building up contours to create balancing ponds will increase winter flooding of the A45

underpass bull Meadow Lane is already badly affected by winter runoff Further development will

exacerbate the problem

WILDLIFE bull No mention of red kites which are moving to the Stanwick area and use the site as their

hunting ground bull No consideration of the impact on fish in local streams bull No consideration of wildlife impact of turning rough ground into a manicured park

LOCAL INFRASTRUCTURE bull If the development goes ahead need to consider what provision is being made for the

community Will they provide space and land for social community buildings

CRITICISMS OF SUBMISSION PROCESS bull questionnaires worded with bias so that all answers have been misconstrued to favour

the application and not represent personal views bull The exhibition seemed to show a different proposal

Development Control Committee 16 of 100 Date printed 9 November 2011

bull submission contains misleading and inaccurate information (for example by saying the site is not visible from a public road or bridleway no rights of way are affected no SSSIs and SPAs are affected etc)

bull Visual effects table is unsubstantiated Challenge conclusions bull Too much detail to be studied by the public Something of this nature needs a far wider

briefing for the public and an opportunity for them to talk with people who can explain the intricacies of the proposal A public meeting should be held in the evening so that everyone can attend The public need fuller facts before this can be decided

612 Two letters of support were received and some other positive comments were made by the above objectors as outlined below

bull Bringing 1500 jobs to the area bull Local employment opportunities bull I am all for this development it looks similar to Grange Park with its mix of distribution

centres and commercial units bull Welcome a more inviting gateway to Raunds as it is too industrial at present bull Welcome the SUDS plan for surface water from the site within the parkland and

landscaping bull The open space will provide a good link to Stanwick Lakes bull Small enterprises would lead to greater opportunity for long term high skill employment

training and apprenticeships bull Highway works to each side of the road outside the football club will improve the

entrance to Raunds

62 Town Parish Councils

621 Raunds Town Council - no objections but comment as follows - retail element should not be lost by a future change of plan - full archaeological survey should be carried out - external colour scheme for buildings should blend in with natural surroundings - screening scheme of tree barriers to reduce noise and visual impact should be maintained and enhanced if possible - seek clarification of the arrangements for dealing with surface water run-off and water supply provision

622 Ringstead Parish Council - comments - Broadly supports the principle of development that provides local employment and notes that the bulk of the employment will be in the parish of Ringstead - Access enhancements are only proposed for Raunds so young people from Ringstead would not have adequate access to the new employment opportunities - The A45 has recently been surveyed as being at 100 capacity rising to 141 at peak times so it would struggle to cope with the additional traffic from this development - Question the need for the amenity area given that there are already two hotels two themed public houses and at least five food outlets on the stretch of A45 between Thrapston and Wilby

623 Stanwick Parish Council ndash initial comment confirmed no objection but requested - larger trees around the building - the building to be a different colour colour scheme to be approved - a full archaeological survey - details of water supply and surface water drainage - concerned about the amount of accidents on the A45 - avoid disturbance to nearby badger sett

Development Control Committee 17 of 100 Date printed 9 November 2011

Subsequent comments following the submission of additional photomontages indicate Stanwick Parish Council feel that the development would have an impact on Stanwick particularly visually and in respect of lighting Request

lighting scheme to be set up correctly from the outset bunding and planting for screening should be sufficient to provide immediate

mitigation rather than taking a number of years to develop

624 Great Addington Parish Council - no objection but feel the development will have an adverse impact on the surrounding area because of increased traffic congestion and light pollution A condition should be used to ensure that all lighting at the site is compliant with section 102 of the Clean Neighbourhoods and Environment Act 2005

63 Other consultation responses

631 Northants Bat Group ndash no objections

632 North Northants Badger Group ndash no objections

633 NCC contributions ndash request 26 fire hydrants and a financial contribution of pound191400 towards fire and rescue (or a sprinkler system throughout the development)

634 The Ramblers Association ndash object Details regarding footpath UG39 are inadequate The parameters plan shows a diversion of UG39 to the north into the public open space to eventually join Meadow Lane at the south west corner of the site The Ramblers Association feel that any diversion of UG39 should turn south behind the existing Warth Park development (between the existing and proposed warehouse units) to join Meadow Lane to improve access to the site from Meadow Lane Whilst we have no objections to an additional path to the north of the site and then along the landscaped corridor to join Meadow Lane at the south west corner of the site we want UG39 to be diverted south along the east boundary of the site where it would link with Marsh Lane On such a large site it should be possible to locate the units so that UG39 is not affected

635 Northamptonshire Police ndash no objection More discussion is needed in respect of lighting CCTV physical security of buildings pedestrian and cycle links boundary treatments and layout of public use buildings and areas (Note these are all issues that would be considered in detail at reserved matters stage

636 Campaign For Dark Skies ndash Given that the existing Warth Park development causes a significant amount of energy waste light pollution due to poorly designed or angled lighting apparatus strict planning conditions should be used in relation to every new light used especially in the flood lighting of the warehouses Campaign for Dark Skies would wish to be involved in considering such details (Note this is an issue that would be considered in detail at reserved matters stage)

637 NCC Archaeology ndash Request a condition to secure an archaeological programme of works (June 2011)

638 English Heritage - do not wish to comment in detail but urge ENC to give detailed consideration of possible remains given the proximity of deserted Saxon settlements as advised by the County Archaeological Advisor

639 NCC Highways - Although a revised written response in relation to the latest TA revision is yet to be received discussions suggest that the main issues are now overcome Revised formal comments will be reported in the update Travel Plan - a condition requiring a detailed Travel Plan which shall include the management arrangements for future occupiers of the units and the delivery mechanisms

Development Control Committee 18 of 100 Date printed 9 November 2011

Contributions - bus services the county councils initial request for pound15000pa for five years has been reduced to a request for pound15000pa for only three years together with a pound5000 contribution towards the provision of a bus shelter within the Warth Park site This reduction is based on the circumstances of this site proposal in particular that a training contribution and other calls on land value not being required of other

schemes the fact that other developments may well be contributing and that demands and revenue from this site and other schemes can be expected to

cover an increasing portion of costs Meadow Lane improvements a financial contribution of pound60000 towards

improvement works throughout Meadow Lane (with any money not being spent on these works within five years of the first operational use of the development site being returned to the developer)

6310 Highways Agency - Initial issues with the Transport Assessment have been resolved

following the submission of additional information and the initial holding objection has now been lifted The HA are content that the issues raised by the Road Safety Audit can be resolved during the detailed design Direct that conditions be attached to any planning permission (1) to secure the necessary off site highway improvement works and (2) to require a Non Motorised Users Audit to be carried out and its recommendations implemented In relation to the Travel Plan the initial shortcomings with the Framework Travel Plan have now been addressed

6311 Natural England -

Designated sites - satisfied with the conclusions of the ES and consider that the proposals are unlikely to have a significant effect on the SPASSSI Landscape - no implications for any statutorily designated landscapes Biodiversity - Broadly agree with the assessment but feel that a minor negative impact may remain at local level for the breeding skylark grey partridge and linnet The numbers affected are small but there is still a need to ensure that habitat enhancement opportunities within the retained open spaces are maximised Soils - it is not clear if the agricultural land (referred to as grade 3) is of the best and most versatile quality If approved the soil resources should be used sustainable particularly the topsoil An appropriately experienced soil specialist should be instructed to oversee this Enhancements - Strongly recommend that the plans for green infrastructure and landscaping be secured by a condition planning obligation requiring a Landscape Management Plan and the delivery of such a plan not forgetting proposals for on-going management of public open space in the long term

6312 Wildlife Trust - The ecology work contained within the ES is acceptable in terms of its

scope content and findings We would recommend that the ecologists own recommendations within section 116 of chapter 11 regarding the retention protection enhancement and future mitigation measures be required by condition Further bat and bird survey work required (July 2011) has now been carried out and is acceptable

6313 Environment Agency - withdraws its initial objections in relation to flood risk and

environmental infrastructure Flood Risk - the additional information supplied demonstrates that surface water from the site can be managed and accommodated onsite if restricted to the Qbar rate The EA therefore withdraws its objection in relation to flood risk subject to a condition ENC need to be satisfied that the proposed development is in accordance with PPS25 - have not taken account to risk of flooding from ground water drainage systems reservoirs canals or ordinary watercourses

Development Control Committee 19 of 100 Date printed 9 November 2011

Environmental Infrastructure - the additional information supplied confirms that there is sufficient environmental infrastructure capacity to serve the proposed development The EA therefore withdraws its objection in relation to this matter Groundwater and contaminated land - based on the submitted information we consider the site to pose a negligible risk to controlled waters however we request a condition relating to the remediation of unidentified contamination Section 106 matters - the ongoing maintenance of the surface water drainage system together with operation and contingency arrangements can be secured through the section 106

6314 Kettering Borough Council - no objection as unlikely to have a significant impact on the

Borough of Kettering

6315 ENC Planning Policy - Overall the scheme represents a major opportunity to deliver

significant new employment development at Raunds for which the CSS evidence base identifies a need Despite some concerns about the quality of the submitted PPS4 sequential and impact statement no planning policy objections are raised in principle to the proposed Phase 2 Warth Park development

6316 ENC Environmental Services (contamination) - No objection The work undertaken in

respect of ground investigation is of a very high standard Levels of contamination found on the undeveloped part of the site do not pose a significant risk to end users of the site The Scalley Farm buildings had however not been surveyed Subject to conditions being imposed that cover the area of the Scalley Farm buildings requiring investigation and remediation is carried out as necessary there is no objection to the development

6317 ENC Environmental Services (noise) - No objection The noise survey was carried out

in accordance with a brief supplied by ENC Environmental Services Conditions should be used (1) to ensure the recommendations within section 878 (p73) of the summary section of the noise assessment are implemented and (2) that works which cause noise audible at the site boundary are not carried out outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays Environmental Services ask that they be consulted in relation to details of piling activity on the site and in determining the detailed layout of the site at reserved matters stage Given that the plans would see the removal of the bunding adjacent to London Road (alongside the gateway part of the development) the applicant has clarified that this section of bunding was included in the noise model for the existing scenario but removed from the model for the noise predictions with the development in the year of opening The bund is only 1m high and would not have had a significant effect on noise levels at the nearest residential properties The Environmental Services officer is therefore satisfied that the noise assessment is robust in respect of that bund and that its removal will not adversely impact on nearby residential properties There is no requirement for any bunding or other mitigation at the southern boundary of the site as there are currently no receptors at this location that will be affected Therefore it would not be reasonable of this authority to request bunding or any other form of mitigation on the southern boundary at this time In respect to objections about current activities at Warth Park the Environmental Services officer has made the following comments The noise assessment provided is firm in its conclusions that the addition of this development will not adversely impact on the residents The current guidelines relating to noise from this type of development have been met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels Therefore I have no reason to

Development Control Committee 20 of 100 Date printed 9 November 2011

object to this development on the grounds of noise Obviously these mitigation measures have been specified as a condition to ensure that they are included in the development and prior to first use

6318 ENC Environmental Services (lighting and air quality) -

Lighting - suitable conditions are required to ensure that the appropriate information on lighting for the site is provided at reserved matters noting that any lighting scheme should be designed to use the minimum necessary lighting Air Quality - no objections A method statement for the construction phase should be required as a pre-commencement condition of the development

6319 ENC Environmental Services (commercial health) - need to ensure safe access and

egress of vehicles and pedestrians using units at the site

6320 ENC Conservation Officer - concerned that landscaping has not been sufficiently

considered - no justification of how the proposed landscape structure was conceived so it is difficult to assess whether the proposed landscape types are appropriate for this site - no details of phasing for the highlighted features such as woodland planting and formal planting so it is difficult to assess the suitability of this alongside the proposed structural planting - need the landscaping to reflect a broader design for the whole site so that the bulk of the planting for each plot is put in place as part of the structure planting (open spaces street planting) Otherwise the creation of individual planting around the smaller plots may lead to fragmentation of the design - development will be visible in the landscape even with the addition of new planting to partially obscure future views Whilst the existing development is already visually prominent the proposed units appear even more prominent interrupting the horizon line and not sitting well with their surroundings The drop in land to the south and west contributes to this prominence Could ground levels be manipulated to allow the buildings to sit lower in the landscape

6321 ENC Design Officer -

(1) The mixed use area at the gateway needs to look towards and integrate with Raunds by having doorways and accesses from London Road This would give a positive visual impression at the gateway into Raunds and would afford residents access to the new facilities by means other than the car An active frontage may also affect driver behaviour and reduce traffic speeds in this area enhancing the overall pedestrian environment (2) There is an opportunity to improve the pedestrian environment and cycle access in the vicinity of this site as highlighted in the Raunds Masterplan including the Meadow Lane right of way to Stanwick Lakes and routes to the town centre

6322 North Northamptonshire Joint Planning Unit -

Jobs Growth - the proposal satisfies the requirement of Policy 11 by providing employment at an existing employment site in an area with a low jobsworkers balance A Training and Employment agreement should be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal (ref policy 8) Planning conditions should be used to ensure that the delivery of the non B8 elements of the scheme contribute towards unlocking other employment uses and diversifying the economy into higher value activities Regarding the proposed town centre uses ENC should be satisfied that the requirements of PPS4 have been satisfied

Development Control Committee 21 of 100 Date printed 9 November 2011

6323 JPU Design Action Manager - ref para 398 of CSS and policy 13 Concerned about

the visual impact of the proposal and its impact on the wider landscape character In photomontage L from the Nene Valley Way the development would result in a bulky form on the skyline and would block the view of Raunds church spire Viewpoint N is likely to demonstrate a similar negative effect Photomontage M demonstrates that the build form spills down the valley side and runs against the contours so that the visual impact is one of long expanses of built form this appears at odds with the gently undulating farmed slopes that are characteristic of the area Photomontage F demonstrates a negative view of the proposal on the brow of the hill Photomontage C shows the building jutting out into the view obscuring the natural fall of the land and the horizon Overall the proposal is contrary to policy 13h in that

is visually prominent in a sensitive location were wide expansive views are key to the landscape character

does not conserve or enhance the landscape character blocks views to the spire and prevents views across undulating countryside to

the horizon does not display design of exceptional quality to counteract the landscape

concerns Layout - More information about the accesses and orientation of the mixed use gateway should be secured through a design brief on the first reserved matters application

6324 JPU Sustainability Officer - Welcome the plans to achieve BREEAM very good for the

B8 element Concerned that the proposed 10 of energy demand to be met from renewables is below the policy 14 target of 30 and that the proposed 15 reduction in CO2 emissions is also too low There is no reference to the 20000sqm of mixed use development which could provide opportunities for the consideration of an energy centre for the site Rainwater harvesting should be utilised across the whole scheme The sustainable drainage system and surrounding open space has potential to create opportunities for recreation and biodiversity benefit Green roofs and ponds do not appear to have been considered

7 Evaluation

71 The following issues are relevant to the determination of this application for planning permission

72 Local Planning Policy and Principle of Development

721 The first consideration should be whether the development conforms with the development plan for the area which for this site is primarily the adopted Core Spatial Strategy and to a lesser extent the adopted East Midlands Regional Plan (taking account of the uncertain future status of the regional plan)

North Northamptonshire Core Spatial Strategy

722 Both the Regional Plan and the NNCSS set out the overall locational strategy for new employment development with priority being given to development in urban areas Whilst the site is located outside the settlement boundary that was proposed (although not formalised) within the 2007 Raunds Preferred Options document it should be noted that the site is on the edge of Raunds and relates well to the settlement

723 The NNCSS aims to achieve greater self-sufficiency for North Northamptonshire as a whole stating in Policy 1 that development in the rural north east will be mainly directed to a rural service spine comprising Oundle Thrapston and Raunds to be supported by regeneration of these towns and improvements to public transport links

Development Control Committee 22 of 100 Date printed 9 November 2011

724 The CSS defines Raunds as a localised convenience and service centre and the strategy for the town should consist of town centre regeneration and diversification of employment and service base (policy 1 and policy 9) It is essential therefore that the impact of the proposal on the town centre has been adequately assessed

725 This proposal for a predominantly B8 distribution development is situated close to the strategic transport network in accordance with policy 11

726 The non B8 aspects of the proposal contain a broad mix of employment related uses therefore representing an opportunity for expansion and diversification of the employment and service base as set out in table 1 of the CSS and enhancing the towns overall retail employment and leisure base Paragraph 392 in the CSS whilst recognising that town centres are the preferred location for the focus of new office development does note that town centres cannot entirely accommodate the amount of land envisaged as being required for office-based uses It further notes that certain types of business use (such as research and development) may find more commercially attractive locations within the sustainable urban extensions or other prominent sites at the edge of towns These will however need to be in locations that are or can be made highly accessible by a range of transport modes

727 Overall whilst the proposals edge of town location could be seen to conflict with the CSSs town centre regeneration focus the proposal would still accord with much of the broader policy content of the CSS

East Midlands Regional Plan

728 The proposal would accord with the thrust of the relevant policies of the East Midlands Regional Plan in that it would enhance the provision of local facilities at Raunds by focusing on the service sector as an economic priority Whilst policy 22 seeks to prevent the development or expansion of additional regional scale out-of-town retail and leisure floorspace this development would not be contrary to this policy given that it consists of predominantly B8 (non-town centre) uses

Other Local Policy Documents

729 In the absence of an up to date site specific DPD for Raunds the non-statutory Raunds Masterplan functions as a relevant material consideration where it compliments the CSS The Masterplan recognises the application site as a potential new employment site and explicitly promotes the expansion of Warth Parkbased on market opportunity strategic location of Raunds and potential employment opportunities The Masterplan does seek to restrict edge or out of town retail However whilst the current proposal does incorporate some town centre uses none of the proposed uses are strictly retail so there is no conflict with this element of the Masterplan

7210 The Northamptonshire Strategic Employment Land Assessment (SELA) highlights the

need for significant growth in respect of job creation employment at Raunds particularly as Employment development within Raunds would help to reduce the very large imbalance of out-commuting from the town

7211 East Northamptonshire Councils own (non-statutory) corporate policies include a focus

on regeneration and economic development and a business friendly planning servicedesigned to make it as easy as possible for companies to set up or expand

73 National Planning Policy and Principle of Development

National Ministerial Statement ndash Planning for Growth

Development Control Committee 23 of 100 Date printed 9 November 2011

731 The recent Ministerial Statement ndash Planning for Growth indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

Draft National Planning Policy Framework

732 The recent Draft National Planning Policy Framework contains a presumption in favour of sustainable development and goes as far as to state that the default answer to development is yes except where this could compromise the key sustainable development principles It goes on to state that local planning authorities shouldgrant permission where the plan is absent silent indeterminate or where relevant policies are out of date This could be said to be the case in respect of Raunds given the East Northamptonshire District Local Plan (now 15 years old) remains the site specific DPD for the town

Planning Policy Statement 1- Delivering Sustainable Development

733 PPS1 refers to the need for sustainable economic development It sets out a positive approach to delivering sustainable economic development including recognising its environmental and social benefits and ensuring that suitable locations are available (paragraphs 23(i) and 23(iii))

Planning Policy Statement 4 - General

734 PPS4 provides further guidance and advises in policy EC101 that planning applications that secure sustainable economic growth should be treated favourably Policy EC102 includes criteria against which applications for economic development should be assessed These include

a) whether carbon dioxide emissions are limited and the proposal is resilient to climate change b) accessibility of the site by a choice of means of transport c) whether the design is of high quality and is inclusive d) impact on economic and physical regeneration including impact on deprived areas and social inclusion objectives e) impact on local employment

These are considered in later sections of this report

Planning Policy Statement 4- Town Centre Uses background

735 Part of the scheme includes town centre uses and there are specific policies in PPS4 relating to these Policy EC171 indicates that applications for main town centre uses that are not in an existing centre and not in accordance with an up to date development plan should be refused planning permission where

a the applicant has not demonstrated compliance with the sequential approach b there is clear evidence that the proposal would be likely to lead to significant

adverse impacts However Policy EC172 then goes on to indicate that where no significant adverse impacts have been identified planning applications should be determined taking account of

a the positive and negative impacts of the proposal in terms of policies EC102 and 161 and any other material considerations and b the likely cumulative effect of recent permissions development under construction and

completed development

Development Control Committee 24 of 100 Date printed 9 November 2011

Planning Policy 4 ndash Sequential Assessment

736 Policy EC15 in PPS4 provides detailed advice on how to consider sequential assessments advising that Local Planning Authorities should take account of the availability suitability viability and accessibility of more central sites and should ensure developers have demonstrated flexibility in terms of their business model

737 PPS4 is accompanied by a Practice Guide which makes it clear in paragraph 56 that the onus is upon the applicant to demonstrate that the sequential test is passed and if more central opportunities are rejected it is for sound reasons that are clearly explained and justified In paragraph 57 it is explained that if a local planning authority proposes to refuse an application involving town centre uses on the basis of the sequential approach it should be on the basis that it considers that there is or may be a reasonable prospect of a sequentially preferable opportunity coming forward which is capable of meeting the same requirements

738 The developer explains that in undertaking their sequential assessment they have disaggregated each unit and assumed that each is a separate business This approach is in accordance with the advice in PPS4 The developer has not however reduced the size of individual units explaining that the formats proposed are those required by the market

739 The catchment area that the developer has considered is the parishes of Raunds Ringstead Stanwick and Hargrave as it is explained that the facilities proposed are not designed to serve wider population Only alternative sites within Raunds are therefore considered and the sites have been taken from the from the Draft Raunds Masterplan Ideally a separate market search should also have been carried out

7310 The alternative sites identified in the sequential test and the developerrsquos conclusions

are set out below

ARPC Containers site ndash reference is made to the viability report submitted in relation to the current application for this site which shows that the site is only viable for a mainly residential scheme BCorner of Titty Ho and Grove Street ndash this site is considered not to be available as it would require relocation of the garage CVacant site between Grove Street and McKenzie Road ndash site is too small and development would impact on residential amenity DBlock between Ashfield Rise Ashfield Grove and Spinney Street - residential amenity would be harmed by restaurant and health and fitness use and the site is unsuitable due to lack of visibility EVacant site on corner of Park Road and Hill Street ndash the site is too small and recommended for residential use FGellrsquos Garage High Street ndash the site is too small and more suited to residential use GLand to east of North Street- the site is too small and more suited to residential use

7311 Insufficient information however has been submitted to support the conclusions The

sites are not identified on a clear map and their sizes have not been provided therefore it is difficult to determine that they are actually too small although your officers do agree that sites surrounded by residential development are likely to be more suitable for residential rather than the uses proposed and also accept that it is not viable to develop the RPC site for the proposed uses

Development Control Committee 25 of 100 Date printed 9 November 2011

7312 The developers make a general point in relation to viability They advise that in the

current economic climate all development projects are difficult to make viable and that commercial development of light industrial units hotels food and drink establishments and leisure facilities are not viable on sites with additional costs for items such as demolition and decontamination

Planning Policy Statement 4 ndash Impact Assessment

7313 Policy EC161 sets out that an impact assessment needs to consider the impact of a

proposal on town centre vitality and viability consumer choice in-centre trade and turnover and possibly the rural economy It shoudl also consider whether the scale of the proposal is appropriate to fit within the hierarchy of centres The accompanying Practice Guide provides guidance on how to consider these impacts

7314 Unfortunately the developer has made no attempt to carry out a detailed impact assessment advising that there are no models that can provide a realistic assessment of impact for the relevant uses at the scale proposed They make the following detailed points

bull More employment and economic activity will have a beneficial impact upon the town bull The creation of additional employment at Raunds is likely to increase the viability of

Raunds town centre An increase in businesses and employees will increase demand for facilities particularly retail in the town centre

bull The prediction is that employees would earn over pound300 million from the proposal over 5 years Although only a small proportion would be spent in the town even 1 spend totals over pound3 million over the 5 year period which will sustain a number of small businesses

7315 Unlike retail proposals there is no accepted methodology for assessing the impact of

town centre proposals however Members will no doubt recall that a more detailed impact assessment was submitted for the proposed leisure centre at Manor Park It is disappointing therefore that the developer has not explicitly considered the issue of the impact that locating town centre uses would have on Raunds town centre Ideally further work should have been carried out

PPS4 - conclusion

7316 The applicants submission in respect of the PPS4 Sequential and Impact Assessment

is not of the quality that would be expected despite this being their second attempt following an initial request for a more detailed assessment However on the basis of local knowledge of the area the markets and the way trade operates the conclusions that it draws are not challenged It is reasonable to conclude that there are no more centrally located sites that could suitably accommodate the proposed development or parts thereof and furthermore that any impact on the existing centres would be minimal

Overall Policy Conclusions

7317 Bringing together the relevant policies there is significant support for the proposal The

main issues are around the acceptability of the sequential and impact assessments particularly having regard to the overall spatial strategy set out in Policy 1 of the Core Spatial Strategy and the focus upon regeneration of the town centre

Development Control Committee 26 of 100 Date printed 9 November 2011

7318 The sequential test is not as clear as it could have been and would have benefited from plans identifying the alternative sites that were considered noting their size and showing their relationship with surrounding development and explaining in more detail why most of them are too small Whilst it would have been helpful for the developer to have carried out their own market research your officers are not aware of other sites that might be available

7319 The impact assessment is poor but on the other hand no clear evidence has been submitted to demonstrate that the proposal would lead to significant adverse impacts Having regard to this the proposal therefore needs to be assessed against Policy EC172 in PPS4 the positive and negative impacts of the proposal in terms of EC102 and 161 and other material considerations need to be considered ie there is no presumption that the application should be refused in accordance with Policy EC171

7320 Considering that no retail uses are proposed for the site and that the sequential

assessment has proved that there are no more central sites that could accommodate the uses proposed it is very unlikely that the development itself would have an adverse impact on the vitality and viability of the town centre

7321 Indeed it could be argued that the development would raise the profile of Raunds by

attracting more businesses and visitors to the town The development would be closely related to existing retailing and leisure uses namely MampS BP McDonalds and Raunds Town Football Club Combined with the application proposals these could form a leisure hub to the west of Raunds again attracting more business to the town which could in turn help support the town centre Consideration is given in a later section to the potential for seeking developer contributions towards civic improvements within the town In this respect the development could also be seen to have a positive impact on the town and contribute to this important element of the CSS

7322 The Town Council have on a number of occasions expressed concern about the

amount of food establishments within the town centre and stressed that what they want to attract into the town centre is retail development

7323 Other sections of this report consider the proposal against Policy EC102 in PPS4 and

the positive and negative impacts of the proposals and other material considerations and these are all brought together and weighed in the balance in the conclusion to this report

74 Mix of uses

741 The applicant has suggested that it is the significant B8 element of the scheme that makes the proposal stack up but officers would have significant concerns if there was a prospect that the accompanying business and leisure uses were not going to also come forward Clearly the proposed mix of uses for the site is what makes the current application so attractive so it is important that the council does all it can to ensure that the mix is not diluted to a less attractive package

742 In reality it is likely that reserved matters applications will come forward individually as the site gains interest from end-users There is the associated risk that the precise combination of uses could end up being slightly different to that indicated in the application Each reserved matters application would have to be considered on its own merits

Development Control Committee 27 of 100 Date printed 9 November 2011

743 The indicative breakdown of uses that has been put forward in the application (Transport Assessment) is as follows

Health and Fitness Unit (use class D2) 1500 sq m Creche Unit (use class D1) 272 sq m Family Restaurant Unit 1 (use class A3) 735 sq m Family Restaurant Unit 2 (use class A3) 735 sq m Family Pub Unit (use class A4) 558 sq m Hotel Unit (use class C1) 80 beds (approx 2235 sq m) B1 business units 3348 sq m B8 warehouses 95690 sq m TOTAL 105073 sq m

744 As it is not yet known what end-user interest will come forward it would be unduly restrictive to dictate that reserved matters must come forward strictly in line with this indicative mix as a lack of flexibility in this sense could deter take-up on the site However it is recommended that a condition be imposed that stipulates the upper limit of the various types of use class in order to ensure that no one type of use can dominate the development It is also recommended that a condition be imposed that would require the applicant to submit an annual report demonstrating how the site has been actively marketed for the full mix of uses This would maximise the opportunities of getting the most desirable mix of uses for the site but would also mean that the evidence base that is built up in this way could then be used to support decision making on any reserved matters proposal that may come forward that does not strictly line up with the indicative mix

745 Concern was raised that the site of the gateway part of the development may already have planning permission for a B8 warehouse However this permission has expired so there is no prospect of a B8 warehouse coming forward on this part of the site without a further application Any such application would prejudice the aims of the current proposal so is unlikely to be supported unless there is a very strong evidence base that the desired mix of uses are not deliverable

75 Training and employment

751 The applicant has suggested that 1500 jobs would be created as a result of the development Several representations have challenged this assumption and raised fears that these may not be skilled jobs or that the local population may not benefit

752 Clearly the figure is an estimate and is a rounded figure but is considered to be a reasonable estimate based on the job densities used in the North Northamptonshire SELA report It is acknowledged that a large distribution unit could employ anything from 100 to over 1000 staff depending on the nature of the end users operations and that the seasonal variations of the leisure uses would also give rise to uncertainty What is certain is that the development would provide significant additional employment at an existing employment site in an area with a low jobsworkers balance This can only be a good thing for the socio-economics of this part of the district

753 The JPU suggest that a Training and Employment agreement could be sought to facilitate increased opportunities for the local workforce and ensure they benefit from the proposal However in this instance the council is proposing to trial an innovative scheme called Construction Futures which aims to develop high quality skills for local people invests money from developers and government in to the local economy and hence helps to create inclusive communities To summarise the developer would pay a financial contribution to Construction Futures who would in turn use this money to administer and deliver a programme of site-based work experience training and apprenticeships for students of local colleges such as Moulton and Tresham The number of training hours would be determined by the size and nature of the proposed development and could be used in a combination of different ways

Development Control Committee 28 of 100 Date printed 9 November 2011

construction students could gain practical work experience which may include apprenticeships during the construction phase

logistics hospitality leisure or childcare students could benefit from placements at the various businesses that ultimately occupy the new premises

construction firms or end users of the site could go into schools andor colleges to deliver presentations as part of a curriculum

local businesses would benefit from being offered subsidised business development and up-skilling training to meet industry requirements

754 Construction Futures based in Northampton has been securing similar such benefits for schemes dealt with by WNDC for the last few years so has a proven track record of positive outcomes and compliance with the relevant planning legislation The scheme has been increasing in profile in recent months and has generated significant national press interest The applicant has indicated a commitment to the Construction Futures scheme and has agreed to this being worked into the section 106 agreement for the site Further details of the scheme can be found at wwwconstructionfuturesorguk

76 Highways

761 It is proposed that the London Road between the A45 and Warth Park Way Brick Kiln Road be widened to a dual carriageway which would in turn facilitate the need for the connection to the A45 roundabout to be revised The existing roundabout at Brick Kiln Road that forms the site access would be improved and the existing Warth Park Way running into the site would also be widened to a dual carriageway with a new roundabout introduced some 150m into the site close to the first existing junction

762 A detailed Transport Assessment was submitted alongside the application and this takes into account the impact of potential forthcoming development at Northdale End and Darsdale Farm The TA predicts a total traffic generation of some 500 trips both arrivals and departures in the morning peak and some 700 in the afternoon peak The impact on traffic flows at several junctions has been assessed including the A45 roundabout the Brick Kiln Road Warth Park Way roundabout the Meadow Lane Marshall Road junction and the Stanwick Road Wellington Road roundabout

Impact on the strategic highway network

763 The Highways Agencys initial issues with the Transport Assessment have been resolved following the submission of additional information and the HAs initial holding objection has now been lifted The HA are now content with the proposed development and its impact on the A45 The HA are also satisfied with the Framework Travel Plan They confirm that any issues arising from the Road Safety Audit can be resolved during the detailed design stage and direct that conditions be used to secure the necessary improvement works to the A45 roundabout and to require a Non Motorised Users Audit to be carried out and its recommendations implemented

Local transport network

764 The highways officer at NCC has confirmed that he is happy that the proposed highway improvements comprising the improvements to the A45 roundabout dualling of the London Road down to the Warth Park roundabout and the provision of a cycleway on London Road between the Warth Park roundabout and the new toucan crossing should satisfactorily facilitate the development

765 The broad principles of the internal road layout and parking provision are acceptable to the highway authority but the precise design details of these would be agreed for each part of the site as the respective reserved matters applications come forward A condition is suggested that would require a masterplan for the non-B8 element of the scheme to

Development Control Committee 29 of 100 Date printed 9 November 2011

submitted in conjunction with the first of the reserved matters applications for the gateway development Further detail of the internal road parking and access layout would therefore be considered at this stage and we would be able to ensure that pedestrian access from London Road can be facilitated in accordance with the comments of our design advisors

766 The Raunds Masterplan highlights a need for improvements to pedestrian and cycle provision throughout the town Accessibility of the site by bicycle from the local area would be enhanced by the provision of a new cycleway on the west side of London Road linking the new toucan crossing up to the Warth Park Way roundabout where it would link in with the cycle provision within the Warth Park site Conditions can be used to secure the provision of the cycle path on London Road and the design details of the segregated cycleway through the site that would serve to keep cycles separate from the HGV route

767 A particular priority of the Raunds Masterplan is to improve access to leisure opportunities for residents of the town and it would be desirable to ensure that future users of the Warth Park development also have access to local leisure opportunities Meadow Lane a bridleway which runs along the southern boundary of the site and leads to Stanwick Lakes is in a poor condition at present The developer has agreed to make a financial contribution to enable the entire length of Meadow Lane to be improved hence enabling a circular leisure route for workers or visitors to the Warth Park site and improving access to the countryside and Stanwick Lakes for the whole town (see section 7155)

Sustainable Transport and Travel Plan

768 A Framework Travel Plan has been submitted which identifies proposed measures to be implemented on a development wide basis and provides a framework for the preparation of specific travel plans for each individual site forming part of the development as it comes forward The Framework Travel Plan also identifies overall traffic generation limits and a preliminary modal shift target A condition is recommended that would require a more detailed Travel Plan that broadly accords with the Framework Travel Plan to accompany each reserved matters application

769 The number 16 bus is a long standing service that runs past the entrance to the site and the X46 and X47 have also been improved this year The county council feel that is would be feasible to provide a diversion so that a new stop within Warth Park would be served In this regard NCC has requested a financial contribution of pound50000 towards bus services pound5000 of which would be for a new bus shelter on Warth Park Way with the remainder being used to enable an extension to the recently introduced County Connect demand responsive transport (most likely by extending the 7am-7pm operating day by 3 hours to enable shift changeover) This would complement the measures in the Framework Travel Plan and help to facilitate modal choice for potential users of the development from the wide surrounding area

Rights of Way Implications

7610 There is an existing right of way (footpath UG39) that crosses the site in a east-west

direction terminating at the A45 which severs the path (the underpass is slightly further south at the end of Meadow Lane) This right of way has already been diverted between the existing commercial buildings on Warth Park and a further diversion would be required to facilitate the proposed development The applicant proposes to divert the footpath in a northerly direction so that it joins in with the proposed footpath and cycleway that would be created through the development site This would take the form of a segregated track to the north of the HGV access road separating to meander through the landscaped public open space before joining in with the Meadow Lane at the south western corner of the site and enabling convenient crossing of the A45 via the existing underpass

7611

Development Control Committee 30 of 100 Date printed 9 November 2011

Whilst not the shortest or most direct route this proposal would seem to be the logical and most pleasant route for the footpath diversion Unfortunately the Ramblers Association do not share this view Firstly they feel it should be possible to design the scheme around the footpath but this would not be possible due to the scale of the proposed buildings and the topography of the site Secondly they feel that if the footpath has to be diverted the diversion should be routed in a southerly direction in between the proposed warehouse units to join Meadow Lane However officers view is that this would not be a desirable route for the footpath and could well be harmful from a planning out crime point of view

7612 Clearly any diversion of the footpath would need to undergo the formal process of a

section 257 Diversion Order This process is separate to planning permission but must be carried out prior to development commencing (an informative to this effect could be placed on any planning permission) What is important at this stage is that there are at least three possible and feasible routes that the diversion could take and any disagreement about the relative desirability of these routes would be resolved through the formal Diversion Order process Therefore although no final decision has been reached about the ultimate route of the diverted footpath there is no reason why planning permission cannot be granted

77 Design - Illustrative Site Layout

771 The mix of uses proposed for the north eastern corner of the site has potential to provide a positive gateway to Raunds The desire for dual-aspect units which positively address London Road with active frontage and pedestrian access points could easily be facilitated in the detailed design stage As mentioned above a condition is suggested that would require a masterplan for the non-B8 element of the scheme to be submitted in conjunction with the first of the reserved matters applications for the gateway development and it would be expected that these principles would be incorporated into such a masterplan

772 The significant footprint of the three large B8 units and the existing site constraints (a gas main and the natural contours of the site) has dictated to some extent the positioning of these units within the indicative layout The buildings would form a logical extension to the existing phase one warehouse units particularly the large Indesit unit which would be adjacent to the extension and is of comparable scale to the units proposed

773 The proposed road alignment appears logical and workable with separate distinct elements of the scheme each served off their own points of vehicle access The highway and safety implications of the road and parking layout are discussed in the highways section

774 A significant area of public open space is proposed at the western corner of the site This would help to soften the edge of the development and provide a transition into the countryside beyond Attenuation basins would be incorporated into the landscaping which would add visual and ecological interest as well as serving to ensure sustainable drainage of the site

78 Landscape implications and long views of the site

781 The Design Action Manager at the JPU has commented negatively in respect of the landscape and visual impact of the proposed development The JPU comments highlight that the site is part of the Limestone Valley Slopes character area (as defined in the Environmental Character Assessment) hence exhibiting expansive long distance views gently undulating farm slopes with urbanising elements despoiling the edges where town meets country She also refers to the Nene valley being known for its unspoilt beauty and its many views of church spires and historic houses particularly from Twelve Spires Hill where 12 church spires including that of Raunds can be seen together The JPU is concerned that these photomontages show that the bulky form of development on the horizon and spilling down the valley would result in a negative landscape impact by and more specifically would block the view of Raunds church spire from the Nene Valley Way The JPU consider that the

Development Control Committee 31 of 100 Date printed 9 November 2011

development is not of exceptional design and its bulk and position would appear at odds with the gently undulating farmed slopes and hence do not conserve or enhance the landscape character contrary to policies 13 h and o

782 The ridge top location of the proposed development means that it would be visible from a wide area as demonstrated in the series of photomontages that have been submitted with the application The significance of the landscape impact is however a subjective matter and must be weighed against the other material considerations

783 The existing Warth Park buildings are already visible in the wide landscape and the proposed new development would be viewed against this context against the backdrop of the existing units and the whole town The Environmental Character Assessment acknowledges that the edges of this natural valley are already blurred by urbanising elements - in the reasonably near vicinity there are several examples of this at Wellingborough Irthlingborough Rushden Higham Ferrers and Raunds There is also the A45 trunk road running along the eastern slope of the valley creating a physical barrier between the unspoilt valley bottom and the urban settlements to the east In the vicinity of the Warth Park proposals the A45 and the dense wooded areas on its western side create a physical and visual barrier between the valley and the development site It could therefore be argued that this would limit the impression of encroachment into the valley The view of the church spire as shown in photomontage L is an extremely long-distance view (approximately 33km) that is already partly obscured by the existing Warth Park development The presence of other settlement edge uses at Raunds Stanwick and towards Irthlingborough is a consideration as is the natural screening that is anticipated to mature in front of the development over time Whether the additional impact of the new units further severing this view of the spire is significant enough to conclude that this is harmful to the landscape is a matter of subjective judgement which must be weighed against other material planning considerations

79 Landscaping

791 The councils conservation officer has expressed concern about the level of detail that has been submitted in relation to structural landscaping of the site Although the written principles that are described seem broadly acceptable the scheme has not been illustrated on a plan and there is insufficient detail in terms of phasing and implementation This is of particular concern due to the large scale of the proposed development and the need to avoid piecemeal approach to the landscaping given the likelihood that reserved matters will come forward bit by bit

792 Whilst recognising that this is an outline application that does not include landscaping the importance of getting a coherent scheme of structural landscaping throughout a site of this size and avoiding a piecemeal approach to landscaping should not be underestimated In the circumstances it would seem reasonable and sensible to request details of the structural landscaping for the whole site prior to the submission of any reserved matters applications and furthermore to request that the approved structural landscaping is put in place alongside the overall site infrastructure and the construction of the first building

793 Once a coherent structural landscaping scheme has been secured the finer details of landscaping that would come in with each of the subsequent reserved matters applications would be less critical and subject to more flexibility

794 It is recommended that the section 106 agreement incorporates the requirement for a landscape management plan and provisions for ongoing maintenance of the public open space

Development Control Committee 32 of 100 Date printed 9 November 2011

710 Noise

7101 Four residents of London Road Gardner Close Crispin Way and Keston Way have

highlighted that they already suffer noise disturbance from the existing Warth Park in the form of vehicle noise reversing bleepers air conditioningfans loading works and raised voices and that this disturbance is particularly concerning at night These residents are concerned that the disturbance would be worse if the proposed development goes ahead particularly given that the application seeks 24 hour operations Local concern is heightened by the fact that the existing bund on the western side of London Road opposite the football club would be removed as part of the proposals

7102 The application was supported by a Noise Assessment and this has been considered in

detail by the councils Environmental Services officers who conclude that they have no concerns or objections to the proposed development They are content that the removal of the existing bund would not adversely impact on nearby residential properties The noise assessment demonstrates that current guidelines relating to noise from this type of development would be met adequately The applicant has considered noise mitigation proposals to minimise the noise from the development and with the addition of these mitigation measures the noise experienced will be below the current background levels

7103 In the light of this technical advice from the councils noise experts it would be

extremely difficult to substantiate a reason for refusal on the grounds of noise disturbance However conditions are recommended to ensure that the proposed mitigation is put in place and that construction works are restricted to certain hours

711 Ecology

7111 The application was accompanied by ecological submissions both as part of the ES

and following in later specific studies The proximity of the Upper Nene Gravel Pits SPA and SSSI and the likely impact of the development on this designated site is an important consideration that has been taken into account The impact on wider biodiversity of the site in particular bats and birds and the effect on soils and green infrastructure have also been considered

7112 Both the Northamptonshire Wildlife Trust and Natural England have considered in

detail the ecological submissions and they confirm that these are acceptable is scope content and robustness These consultees therefore have no objections to the proposals subject to conditions ensuring

the development is carried out in accordance with the recommendations within section 116 of chapter 11 of the ES regarding ecological retention protection enhancement and future mitigation measures particularly to ensure that habitat enhancement opportunities within the retained open spaces are maximised

the soil resources particularly the topsoil should be used sustainably and the works should be overseen by an appropriately experienced soil specialist

7113 Concern has been raised by an objector about the impact on red kites However further discussion on this matter with both the Wildlife Trust and a local bird specialist recommended by the Wlidlife Trust would suggest that the proposed development would not give rise to significant concern

Development Control Committee 33 of 100 Date printed 9 November 2011

712 Flooding

7121 A sustainable urban drainage system in the form of attenuation basins and swales is proposed for the site to manage the impact of the development on drainage A Flood Risk Assessment has also been carried out for the site The initial objection of the Environment Agency has been overcome by the submission of a revised Flood Risk Assessment The EA has therefore withdrawn its objection in relation to flood risk subject to a condition specifying the technical approach to run-off and stipulating that any alternative approach would necessitate further discussion

7122 It is clear from the response that the EA has taken account of the nearby Hogs Dyke in its consideration of the FRA Given the location and topography of the site the council is not aware of potential flood risk from any other source Subject to compliance with the suggested condition the development would be in accordance with PPS25

713 Archaeology

7131 Several archaeological programmes have been carried out which demonstrate the

presence of Iron Age Roman and Saxon activity over a wide area of the site The medieval activity on site is likely to be peripheral to the village of Mallows Cotton which is now a Scheduled Monument and is separated from the site by the modern A45 Despite the investigative works that have already been undertaken by the applicant on site a condition requiring a further programme works is recommended to record and advance an understanding of any assets in accordance with PPS5 and the advice of the County Archaeologist

714 Sustainability

7141 The proposal would achieve BREEAM very good in accordance with policy 14 of the

CSS However policy 14 also contains a target for 30 of energy demand be met by renewables but the current proposal only provides for 10

7142 The sustainability officer at JPU has indicated that the measures proposed such as

solar water heating air source heat pumps sustainable drainage systems are a good start but she feels that further measures should be considered for a development of this scale or at the very least there should be an economic or technical submission justifying why the 30 target cannot be more closely met She has suggested a condition similar to that used on other schemes which requires a strategy to be submitted with each reserved matters application

to demonstrate how a target of at least 30 (minimum 10) of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply or

if the 30 target cannot be met the energy strategy should be accompanied by a technical and economic viability assessment to justify the shortfall

Development Control Committee 34 of 100 Date printed 9 November 2011

715 Section 106 contributions

7151 The development is of a size which generates a need for social and community

infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7152 In considering whether contributions are justified and can be sought Members must

have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

7153 Members also need to be mindful that the current basis for seeking contributions is the

Councilrsquos SPD in relation to developer contributions

7154 The following is a summary of the main headlines under which section 106

contributions have been negotiated

Meadow Lane

7155 Upgrading of Meadow Lane to facilitate access to Stanwick Lakes is a priority to both

ENC and NCC and the developer has agreed to contribute pound60000 towards this which NCC has advised should be sufficient to re-surface the entire length of Meadow Lane with a permeable hardcore or similar A specification for the upgrading works has been provided by NCC and this would suitably accommodate cyclists pedestrians horses and farm vehicles

Cycleway for London Road

7156 In terms of achieving connectivity of the site to Raunds town centre the developer has

agreed to provide a cycleway on the western side of London Road travelling north from the new toucan crossing outside the cemetery up to the Warth park roundabout and into the site This is in accordance with the request of NCC

Buses

7157 NCC initially asked for pound80000 (pound15000 a year for five years plus a further pound5000 for

a bus shelter just inside the application site) with reference to possibly diverting the recently improvedextended services 16 X46 and X47 to a new stop inside the Warth Park development and enhancing the new County Connect demand responsive service in order to enable a large catchment to reach the site

7158 In a later representation NCC revised this request downwards to pound50000 (pound15000 a

year for three years plus a further pound5000 for a bus shelter) the justification for this being

Development Control Committee 35 of 100 Date printed 9 November 2011

bull a training contribution (Construction Futures) and other calls on land value have not been required of other schemes

bull other developments may well also be contributing to bus services bull demands and revenue from this site and other schemes can be expected to cover an

increasing portion of costs

Training and development

7159 Construction Futures is a new approach to gaining contributions towards securing

training opportunities for local young people The section 106 agreement would require the developer to sign up to providing a certain number of training hours for young people from local colleges Exactly how the training hours are used would be negotiated after the agreement is signed (see earlier section for more detail of how this could work) On top of the requirement to provide training hours there would also be a financial contribution of approximately pound100000 associated with this that would go towards the administration and co-ordination of the scheme

Raunds town centre

71510 In line with the approach taken on the Northdale End site the developer has agreed to

pay a pound20000 financial contribution towards improvements for Raunds town centre Rather than specify this be used for shop fronts it is envisaged that this could better be used as more of a civic community improvement fund

Open Space

71511 The developer is proposing to provide and maintain the on-site open space at no cost

to Raunds Town Council A maintenance programme would therefore need to be secured as part of the section 106 agreement

Other matters not pursued in the S106

71512 Improvements to pedestrian access between Raunds and Ringstead were considered but under the tests of CIL these were not felt to be sufficiently justified

8 Conclusions

81 The planning policy evaluation highlights the deficiencies with the PPS4 sequential and impact assessment that has been undertaken by the developer Nonetheless PPS4 also provides that in the absence of any evidence of harm the development should be assessed on the basis of its positive and negative impacts in the light of current policy and other material planning considerations

82 The remainder of the planning policy evaluation shows a great deal of support for the proposed development in terms of its fit with PPS1 the Ministerial Statement ndash Planning for Growth the Draft National Planning Policy Framework the East Midlands Regional Plan the North Northamptonshire Core Spatial Strategy the Raunds Masterplan and the councils own (non-statutory) corporate policies

83 Apart from a subjective disagreement about the extent to which visual harm will result to the wider landscape and the limitations of the sequential impact assessment there is no evidence that harm will result from the proposal In fact the benefits of the scheme are considered to far outweigh the disbenefits particularly in relation to local employment creation economic regeneration social inclusion sustainable transport and accessibility and inclusive design which would create an enhanced entrance to Raunds

Development Control Committee 36 of 100 Date printed 9 November 2011

84 Therefore on balance it is recommended that planning permission should be granted

85 It should be noted that the application falls within the scope of the Consultation Direction (circular 022009) which requires local planning authorities to consult the Secretary of State before granting planning permission for certain types of development The current proposal falls within this scope as it is within the definition of section 5(1) of the annex therein which includes development outside town centres further defined as development which consists of or includes retail leisure or office use and which (a) is to be carried out on land which is edge-of-centre out-of-centre or out-of-town and (b) is not in accordance with one or more provisions of the development plan in force in relation to the area in which the development is to be carried out and (c) consists of or includes the provision of a building or buildings where the floor space to be created by the development is 5000 square metres or more

9 Recommendation

91 That Members resolve to GRANT planning permission subject to the completion of a S106 Agreement in respect of developer contributions conditions and the referral of the application to the Secretary of State as the application is for more than 5000 sq metres of floorspace includes town centre uses and is not in accordance with all provisions of the development plan

10 ConditionsReasons -

1 Development shall not commence until details of

a) the layout of the new development

b) the scale of the new development

c) the appearance of the new development and

d) the landscaping of the site (hereinafter called the reserved matters) shall be obtained from the local planning

authority Reason The application is in outline only and the reserved matters referred to will

require full consideration by the local planning authority

2 Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

3 The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004

4 The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall thereafter be constructed in accordance with the slab levels that have been approved in writing by the local planning authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

Development Control Committee 37 of 100 Date printed 9 November 2011

5 Prior to the commencement of each part of the development full details of all external materials including finish and colour scheme shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with the approved details

Reason In the interest of amenity

6 Prior to the commencement of each part of the development hereby permitted details of the location height design and materials of any boundary treatments shall be submitted to and approved in writing by the Local Planning Authority and all such works shall be erected concurrently with the erection of the buildings Such approved details shall be erected and retained in perpetuity thereafter

Reason To ensure that the appearance of the development is satisfactory and that it contributes to the visual character and amenity of the area

7 Prior to the occupation of the development the works hereby permitted shall be constructed in accordance with BWB drawing NTT672SK01P5 dated 092011 (in respect of works to the trunk road network) Any revisions that may be required resulting from the implementation of the recommendations of the Road Safety Audit shall be approved in writing by the local planning authority in consultation with the Highways Agency

Reason In the interest of highway safety

8 No part of the development hereby approved shall be occupied until a Non Motorised Users Audit has been undertaken and the recommendations therein have been implemented

Reason In the interest of highway safety and sustainable transport

9 No development shall commence until a scheme for off-site highway improvement works (comprising improvements to the A45 roundabout (Highways Agency control) and duelling of the northern portion of London Road associated works to the Warth Park roundabout and provision of cycleway on the western side of London Road (NCC control)) has been submitted to and approved in writing by the local planning authority None of the premises hereby permitted shall be occupied until all of the off-site highway works have been carried out and written confirmation has been provided by the local planning authority that these works are acceptable

Reason In the interest of highway safety

10 Prior to the first occupation of any of the buildings on site a cycleway shall be provided adjacent to the west side of London Road in accordance with full details which shall have been submitted to and approved in writing by the local planning authority

Reason In the interest of promoting sustainable transport

11 Prior to the commencement of development design details of the segregated cycleway through the northern end of the site and through the open space shall have been submitted to and approved in writing by the local planning authority Development shall then proceed in accordance with the approved details

Reason To ensure a safe and attractive route for cyclists through the site

12 All reserved matters submissions shall accord with the principles contained within the Framework Travel Plan and a further detailed Travel Plan shall be submitted in conjunction with each reserved matters submission for each part of the development hereby permitted The detailed submissions shall cover pedestrian cycle and public transport linkages within and outside of the site as well as prospective management arrangements for future occupiers of the development and shall identify the mechanisms by which the Travel Plan proposals are to be delivered the targets and the timing of delivery

Reason In the interests of promoting sustainable transport

Development Control Committee 38 of 100 Date printed 9 November 2011

13 No more than 105073 sq m of floorspace is permitted under this outline permission within which no more than 6050 sq m shall be for A3-5 C1 or D1-2 uses and within which no more than 1500 sq m shall be for D2 use (health and fitness) no more than 2500 sq m shall be for C1 use (hotel) no more than 300 sq m shall be for D1 use (nursery) and no more than 2500 sq m shall be for A3-A5 uses (food and drink) No more than 3348 sq m of the total floorspace shall be for B1 uses and no more than 100000 sq m of the total floorspace shall be for B8 uses

Reason To ensure an appropriate mix of uses on the site

14 On the first anniversary and each subsequent anniversary or any other such period as agreed in writing by the LPA of the granting of outline planning permission a report shall be submitted to the LPA demonstrating how the site has been marketed for the full mix of uses applied for in the outline application This report shall include though not exclusively the marketing material and marketing media used during the previous year numbers and types (including general company size and sector) of inquiries received during the previous year locational origin of these inquiries inquiry requirement (by size and building type) together with explanation of why the inquiry has or has not progressed

Reason to ensure that the full mix of uses permitted by the planning permission is delivered on the site and is among other material considerations in accordance with market demand

15 The first reserved matters application made for the areas to the north of the existing Warth Park (all buildings except the three large warehouses) shall include a masterplan for these areas including access (pedestrian cycle vehicle) location of buildings frontages and entrances (including relationship with London Road) parking and service areas and principle landscaping No building within this masterplan area shall be commenced until the masterplan is agreed in writing by the LPA Subsequent reserved matters submissions for these areas shall accord with the design principles within the approved masterplan unless otherwise agreed in writing when further reserved matters applications are made

Reason To ensure that the reserved matters applications for this area are coordinated and that the area is properly connected to the surrounding area

16 In conjunction with the reserved matters submission for each part of the site an Energy Strategy for the energy supply incorporating renewables andor from decentralised renewable or low carbon sources shall be submitted to and approved in writing by the Local Planning Authority The strategy shall demonstrate how a target of at least 30 with a minimum of 10 of the demand for energy will be met on site and renewably andor from decentralised renewable or low carbon energy supply in accordance with the approved Energy Strategy Framework If the 30 target cannot be met a technical and economic viability assessment shall be submitted together with the energy strategy for the approval of the Local Planning Authority The strategy shall include details and a timetable of the physical works on site The strategy shall be implemented as approved and retained operational thereafter unless otherwise agreed in writing by the Local Planning Authority

Reason In the interests of sustainable development and energy efficiency in accordance with PPS 1 and the supplement to PPS 1 PPS 22 Policy 2 of the East Midlands Regional Plan and Policy 14 (a) (iii) of the CSS for North Northamptonshire

17 Prior to commencement of any development a comprehensive landscape masterplan including full details of the structural landscaping of the site shall be submitted to and agreed in writing by the local planning authority The approved structural landscaping shall be implemented during the first planting season following the completion of the first building on site unless otherwise agreed in writing by the local planning authority Any planting forming part of the approved landscaping scheme which dies or becomes diseased within 5 years of planting shall be replaced in accordance with details to be submitted to and approved in writing by the local planning authority

Development Control Committee 39 of 100 Date printed 9 November 2011

Reason To ensure that structural landscaping is delivered in a comprehensive manner and to assist with mitigating the visual impact of the scheme on the surrounding area

18 The structural landscaping will be maintained by the applicant or an organisation appointed by the applicant and notified to the LPA as publicly accessible open space in accordance with details to be submitted to and approved in writing by the local planning authority subject to any limitations to ensure its proper functioning for surface water drainage Access to this area shall commence upon completion of the structural landscaping or as otherwise agreed in writing by the local planning authority

Reason To ensure that there is public access to the area of open space

19 Development shall proceed in accordance with the recommendations in section 116 of chapter 11 of the ES (received by the local planning authority 2 June 2011) regarding ecological retention protection enhancement and future mitigation measures unless otherwise agreed in writing by the local planning authority

Reason In the interests of ecological protection and ensure that enhancement opportunities are maximised

20 Each stage of the development shall proceed in accordance with a strategy for the sustainable use of soil and topsoil resources which shall be submitted to and approved in writing in conjunction with each reserved matters application This strategy shall include details of the arrangements by which an appropriately experienced soil specialist will oversee the development

Reason To ensure the sustainable use of soil

21 The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved by the Local Planning Authority (LPA) and until the scope of works approved therein have been implemented where possible The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination andor pollution of controlled waters It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the sites existing status and proposed new use Two full copies of the site investigation and findings shall be forwarded to the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo If during development contamination not previously considered is identified then the LPA shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the LPA

Reason To ensure all contamination within the site is dealt with

22 Where the risk assessment identifies any unacceptable risk or risks an appraisal of remedial options and proposal of the preferred option to deal with land contamination andor pollution of controlled waters affecting the site shall be submitted to and approved by the LPA No works other than investigative works shall be carried out on the site prior to receipt and written approval of the preferred remedial option by the LPA This must be conducted in accordance with DEFRA and the Environment Agencyrsquos lsquoModel procedures for the Management of Land Contamination CLR11rsquo

Reason To ensure the proposed remediation plan is appropriate

23 Remediation of the site shall be carried out in accordance with the approved remedial option No deviation shall be made from this scheme without the express written agreement of the LPA

Reason To ensure site remediation is carried out to the agreed protocol

Development Control Committee 40 of 100 Date printed 9 November 2011

24 On completion of remediation two copies of a closure report shall be submitted to the LPA The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s) Post remediation sampling and monitoring results shall be included in the closure report

Reason To provide verification that the required remediation has been carried out to the required standards

25 Development shall not begin until a detailed scheme for the provision implementation ownership and maintenance of the surface water drainage for the site in accordance with the additional response to the Environment Agency objection Environmental Infrastructure amp Flood Risk undertaken by RPS (ref ABA5007 revision A dated 26 September 2011) has been submitted to and approved by the local planning authority The detailed scheme shall be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storage of disposal of surface water from the site and to ensure future maintenance of the surface water drainage system

26 No development shall take place until the applicant or their agents or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority

Reason To ensure that features of archaeological interest are properly examined and recorded in accordance with PPS5 Policy HE12

27 No construction works that cause noise to be audible outside the site boundary shall take place outside the hours of 0800-1800 Monday to Friday 0830-1330 on Saturdays and at no time on Sundays or Bank Holidays This includes deliveries to the site and any work by contractors or sub contractors

Reason In the interests of residential amenity

28 Prior to the commencement of any part of the development hereby permitted a Construction Management Plan shall be submitted to and approved in writing by the local planning authority The Construction Management Plan shall include and specify the provision to be made for the following

i Overall strategy for managing environmental impacts which arise during construction ii Measures to control the emission of dust and dirt during construction iii Control of noise emanating from the site during the construction period iv Hours of construction work for the development and hours that construction traffic shall

access and egress the site v Contractorsrsquo compounds materials storage and other storage arrangements cranes and

plant equipment and related temporary infrastructure vi Designation layout and design of construction access and egress points viiInternal site circulation routes viii Directional signage (on and off site) ix Provision for emergency vehicles x Provision for all site operatives visitors and construction vehicles loading and unloading

plant and materials xi Provision for all site operatives visitors and construction vehicles for parking and turning

within the site during the construction period xiiDetails of measures to prevent mud and other such material migrating onto the highway

from construction vehicles xiii and other similar debris on the adjacent public highways xiv Routing agreement for construction traffic xvStorage of plant and materials used in constructing the development

Development Control Committee 41 of 100 Date printed 9 November 2011

xvi Enclosure of phase or development parcel development sites or development parcels and the erection and maintenance of security hoarding including decorative displays and facilities for public viewing where appropriate

xvii Waste audit and scheme for waste minimisation and recyclingdisposing of waste resulting from demolition and construction works

The approved Construction Management Plan shall be adhered to throughout the construction period and the approved measures shall be retained for the duration of the construction works

Reason In the interests of safety and local amenity

29 Prior to the commencement of each part of the development a lighting scheme for the relevant part of the development shall be submitted to and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these approved details

Reason In the interest of amenity and crime prevention

30 Prior to the commencement of development a scheme and timetable for the provision of fire hydrants shall be submitted to and agreed in writing by the local planning authority and provision of fire hydrants shall be made in accordance with the scheme and timetable

Reason To ensure a satisfactory form of development

31 Each reserved matters submission shall include full details of hard and soft landscape works for that part of the scheme These details shall include the proposed finish levels or contours means of enclosure car parking layouts other vehicle and pedestrian access and circulation areas bin storage and hard and soft surfacing materials All hard and soft landscape works shall be carried out in accordance with the approved details The works shall be carried out prior to the occupation of the relevant part of the development or in accordance with a programme agreed in writing by the local planning authority All planting seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting seasons following the occupation of the buildings or the completion of the development whichever is the sooner and any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the local planning authority gives written approval to any variation

Reason In the interest of visual amenity

Informatives

1 In approving this application the content of the submitted Environmental Statement has been taken into account The relevant planning guidance and policies were identified as PPS1 PPS4 PPS7 PPS9 PPG13 PPS22 PPG24 PPS25 East Midlands Regional Plan Policies 1 2 11 18 20 21 22 North Northamptonshire Core Spatial Strategy 2008 policies 1 8 9 11 13 and 14 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development mix of uses employment creation impact on highways sustainable transport righs of way designlandscape impact landscaping noise ecology flooding archaeology and sustainability The application has been approved as

The principle of the development is acceptable when weighing all planning policies and material considerations

the impact of the proposal on the vitality and viability of existing centres would be minimal

Development Control Committee 42 of 100 Date printed 9 November 2011

The proposal would give significant benefits to the district particularly in respect of local employment creation and economic regeneration

The proposal would not have an unacceptable impact on the local or strategic highway network

The development would not cause significant harm to the visual amenity or character of the area

The proposal would not have a significant impact on the amenities of neighbouring occupiers

The proposal would be accessible by means of transport other than the car

2 Guidance on the sustainable use of soil resources can be found in Defra Construction Code of Practice for the Sustainable Use of Soils on Construction Sites (see httpwwwdefragovukpublicationsfilespb13298-code-of-practice-090910pdf)

3 The proposed surface water scheme should be in accordance with the additional response to Environment Agency objection Environmental Infrastructure amp Flood risk (ref ABA5007 revision A dated 26 September 2011) which restricts run-off to Qbar If the developers wish to pursue the alternative strategy of restricting the sit to Q30 further discussion will be required given the historic nature and lengthy background to Warth Park and works to Hogs Dyke

4 The highway proposals associated with this consent involve works within the public highway which is land over which the developer has no control The Highways Agency therefore requires the developer to enter into a suitable agreement to cover the design and construction of the works Please contact Mr Alan Darby of the Agencys Area 7 network Delivery and Development Directorate 0121 687 4165 at an early stage to discuss the details of the highway agreement

5 A Site Waste Management Plan will be required for the development hereby approved

6 Notwithstanding the terms of this planning permission a separate application under section 257 of the Town And Country Planning Act for a Diversion Order in relation to the public right of way known as UG39 must be made and approval granted before any development can proceed

7 The plans to which this decision relates are

Development Control Committee 43 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 25 October 2011

Case Officer Carolyn Tait EN1101054FUL

Date received Date valid Overall Expiry Ward Parish 7 July 2011 7 July 2011 1 September 2011 Rushden Bates Rushden

Applicant Mr And Mrs N Richards

Agent Sidey Design Architecture

Location 169 Bedford Road Rushden Northamptonshire NN10 0SA

Proposal Single storey side extension to existing annex (Resubmission of 1100425FUL)

This application is brought before Development Control Committee at the request of a local Ward Member

1 Summary of Recommendation

11 That permission be REFUSED

2 The Proposal

21 This application is a re-submission of a previously refused scheme for the erection of a single storey side extension to an existing annex The previous application was refused for being tantamount to the creation of a separate dwelling in the open countryside which would have appeared out of character with the prevailing built form which is characterised by large dwellings set in spacious plots It was also refused as the rear wing of the house would have been out of proportion with the original dwelling which would have resulted in an unacceptable impact on the character and appearance of the surrounding area the open countryside and the host dwelling

22 The previous extension reference 1100425FUL measured approximately 9 metres in length by 63 metres in width by 47 metres in height and accommodated a kitchen a dining area a bedroom a wet room and a closet This proposal would measure approximately 5 metres in length by 63 metres in width by 47 metres in height and would accommodate a bedroom a studio room a shower room and a large closet

3 The Site and Surroundings

31 The application site accommodates a detached dwellinghouse set back 232 metres from the A6 (Bedford Road)

32 The dwelling already has a single storey rear extension which accommodates a lounge a kitchenette a shower room and a bedroom

33 Nearby dwellings are parallel to the A6 but differ in their character and appearance

Development Control Committee 44 of 100 Date printed 9 November 2011

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS7 ndash Sustainable Development in Rural Areas

42 East Midlands Regional Plan Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development On 10th November 2010 the High Court ruled that the Secretary of States decision to

revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements Policy 9 ndash Distribution and Location of Development Policy 13 General Sustainable Development Principles

44 East Northamptonshire Local Plan RU2 ndash Provision for residential infilling in the Avenue Road area of Rushden

45 Supplementary Planning Guidance Residential Extensions and Alterations Design Guide

46 Other Documents The Three Towns Plan Preferred Options Document

5 Relevant Planning History

51 0300377FUL Single storey rear extension PERMITTED

52 1100425FUL Single storey extension to existing annex REFUSED The two refusal reasons were as follows

bull The proposed extension would by virtue of its internal layout and scale be tantamount to the creation of a new dwelling in the open countryside and therefore is contrary to PPS7 A separate dwelling in this location would appear out of character with the prevailing built form which is characterised by large dwellings set in spacious plots bull The proposed extension by reason of its scale bulk design and cumulative impact would result in the rear wing of the house being out of proportion with the original dwelling This would have an unacceptable impact on the host dwelling on the character and appearance of the surrounding area and on the open countryside and therefore is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy and the Supplementary Planning Guidance for Residential Extensions and Alterations Design Guide

This most recent application has been re-submitted to try and overcome these two reasons for refusal

6 Consultations and Representations

61 Neighbours No comments received

Development Control Committee 45 of 100 Date printed 9 November 2011

62 Town Council No objection

63 Site notice posted 25 July 2011 on a post at the entrance to the site

64 A letter was received from the applicantrsquos agent on 17 August 2011 to support the application and can be summarised as

bull A new application was submitted on 5 July 2011 reference 1101054FUL with a reduced depth to the single storey extension The original host dwelling is a two storey four bedroom property with rear wing that was built in the 1920s The original two storey annex was applied for and approved in 2003 (0300377FUL) It was built during 2004 The depth of the host dwelling is 176 metres The depth of the extended annex is 104 metres The annex extension is less than 5 metres in depth and is single storey It is proposed to have a lower ridge than the existing annex and is propose to be treated with shiplap boarding in contrast with the existing extension and in keeping with an existing detached outbuilding in the grounds It is a large plot and the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area

bull Strongly believe that both the original proposal and the resubmitted proposal are not contrary to PPS7 or Policy 13h of the North Northamptonshire Core Spatial Strategy

bull It appears that the main reason for the previous refusal is the perception of the creation of an additional dwelling in the open countryside This could be dealt with by condition or a legal agreement

bull A recent planning appeal decision APPL3245D112151635 was allowed This application was for additional annex accommodation to a property located in open countryside The decision was given in favour because the Inspector confirmed that a suitable condition could be put in place in accordance with circular 1195

bull Strongly believes that this current application should be given due and proper consideration in light of this appeal decision

bull The proposal complies with Policy 13h of the North Northamptonshire Core Spatial Strategy in that it is a quality design subservient to the original property

bull The applicant would be willing to accept a condition or enter into a Section 106 agreement should it be necessary to ensure the annex remains ancillary to the main dwelling With a suitable condition the proposal would comply with PPS7 as it would not form a separate dwelling in the open countryside

bull Permission has recently been granted for two two storey annexes in Wellingborough WP20110023F and Rugby R102116 Both of these had self contained accommodation and were in the open countryside The retention as an annex was dealt with by way of a condition

7 Evaluation

71 The following considerations are relevant to the determination of this application

72 Principle of development Tantamount to the creation of a separate dwelling

721 The site is located outside of the built up area of Rushden as identified in the adopted Local Plan and the Three Towns Plan Preferred Options Document It is within ribbon development built along Bedford Road The character of the area remains one dominated by dwellings in linear form each fronting the highway despite the precise set back of dwellings being varied

Development Control Committee 46 of 100 Date printed 9 November 2011

722 Whilst the proposal is described as an extension to a dwelling due to the size internal layout and layout of the site it would be tantamount to the creation of a separate dwelling and needs to be assessed as such

723 This application has reduced the size of the proposed extension as well as altering the internal layout since the previously refused application This proposal no longer includes a kitchen or a dining room

724 Despite the amendments the proposal is still considered to be tantamount to the creation of a separate dwelling as it would accommodate a bedroom closet and shower room These would be directly linked to the existing internal arrangements which comprise a lounge kitchenette shower room wc lobby and utility area with an upstairs studio room (that could become a second bedroom) This accommodation is in addition to the internal arrangement of the main dwelling It would be easy to section off an area of the private garden as both the lounge and proposed bedroom would have separate entrance and back doors The proposed accommodation would be in excess of what would be typical from a linked and dependant annex The accommodation could also be considered more extensive then many new dwellings By simply closing off an internal door this could create an independent dwelling in its own right with no dependence on the main dwelling The proposal would be within the open countryside and would be independent from the main dwelling as it would not rely upon any of the facilities of the main house

725 Case law states that for a building to be incidental the function of the space provided must be subordinate to the basic or primary accommodation to be expected at a dwellinghouse rather than being an incident of that main use Thus a building which is to contain facilities such as a lounge kitchenette two shower rooms lobby utility room and two bedrooms is not considered to be incidental to the enjoyment of a dwellinghouse and as such forms a separate unit

726 The applicantrsquos agent states in their comments that a condition could be added to any permission granted to ensure that the proposal remains ancillary to the existing dwelling The agent made reference to an appeal APPL3245D112151635 and states that this appeal was allowed because the Inspector felt that a condition could be added to restrict the proposal from becoming a separate residential unit A copy of the appeal decision can be found at Appendix 1

727 This was an application which sought planning permission to convert the ground floor garage space of an annex into additional living accommodation without complying with a condition attached to planning permission 108860P The condition in dispute stated that lsquoNotwithstanding the provisions of Part 1 of the Town and Country Planning General Permitted Development Order 1995 the garage area of the barn shall not be used as overspill residential accommodation without the prior consent of the District Planning Authorityrsquo

728 The Inspector allowed the appeal and granted planning permission for the conversion of the ground floor garage space with a condition that it remain ancillary to the residential use of the main dwelling

729 The Inspector considered that a condition could be added for the accommodation to remain as ancillary to the main dwelling as it was not possible for it to become a separate dwelling He considered that the creation of a separate dwelling at the appeal site would not be in a sustainable location and that creating a separate dwelling would not be practical The Inspector considered that the annex would not have had enough amenity space to function comfortably as a separate dwelling The Inspectorrsquos opinion was that this would have significantly reduced the likelihood that the barn could have been successfully used as an independent property

Development Control Committee 47 of 100 Date printed 9 November 2011

7210 It is considered that this current application at 169 Bedford Road could be converted into a separate dwelling for the reasons given at paragraph 724 It would have sufficient amenity space parking space and the internal layout would allow it to function independently from the main dwelling Therefore in this instance a condition would not be appropriate as an application could be submitted at a later date for a separate dwelling and the local planning authority would have difficulty refusing it because of the building already being in existence As such this proposal can not be compared to the appeal decision which the applicantrsquos agent has referred to

7211 The applicantrsquos agent also refers to two other recent decisions one in Wellingborough and one in Rugby However each application is treated on its individual merits and for the reason stated at paragraph 7210 the proposal can not be permitted subject to a condition for the proposal to remain ancillary to the existing dwelling

Planning Policy

7212 Policy 9 of the North Northamptonshire Core Spatial Strategy states that development in the open countryside will be strictly controlled and that priority will be given to the reuse of suitable previously developed land and buildings within the urban areas followed by other suitable land in urban areas Despite being within the curtilage of an existing dwelling the proposal would not be sited within the existing built up area and is therefore considered to extend into the open countryside to the rear

7213 Policy RU2 of the East Northamptonshire Local Plan states that planning permission will normally be granted for residential infilling or redevelopment in Bedford Road Avenue Road and Newton Road where it relates to land within the built up area has a frontage to the highway and a depth similar to adjoining residential curtilages and does not result in a backland form of development Whilst the proposal is within the built up area of the Bedford Road it would not comply with this policy as it would not have a highway frontage would not be of a depth similar to adjoining residential curtilages and would result in backland development

7214 Whilst each application is treated on its individual merits the following appeal decision was one that was dismissed at 84 Avenue Road Rushden on 30 June 2008 (APPG2815A072061769) A copy of this appeal decision can be found at Appendix 2 Members should take this decision into account when determining the current proposal as it relates to Policy RU2 of the East Northamptonshire Local Plan

7215 The proposal was for a separate annex to the rear of an existing dwelling It was refused because the annex by nature of its location scale siting design and use would have resulted in and adverse impact on the character and built form of the settlement and would have had an unacceptable intrusion upon the open countryside

7216 The proposal was considered contrary to Policy RU2 of the Local Plan and PPS1 and PPS7 In addition to these policies it was considered contrary to GEN2 and H21 of the Local Plan However these policies are no longer saved The Inspector stated that the proposed development would not have met the criteria of Policy RU2 as it would have created backland development would not have had a highway frontage and would not have had a depth of plot similar to neighbouring development He went on to state that the proposed development would not have been sited within the built up area despite being proposed within the curtilage of the existing dwelling

7217 The site had an open character to the rear and consequently the Inspector considered that due to the proposals scale and design it would have intruded visually in a harmful way into the countryside area at the rear of the development The Inspector concluded that the proposal would have had a harmful effect on the character and appearance of the area and would not have conformed with RU2 of the Local Plan

Development Control Committee 48 of 100 Date printed 9 November 2011

7218 The applicantrsquos agent strongly believes that the proposal is in accordance with PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy PPS7 states that local planning authorities should strictly control new house building (including single dwellings) in the countryside away from established settlements or from areas allocated for housing in development plans This proposal would result in a new dwelling in the open countryside away from the main settlement of Rushden and as such is contrary to PPS7 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping respect and enhance the character of its surroundings and be in accordance with the environmental character of the area The proposal would result in backland development which would not respect or enhance the character of its surroundings and as such would be contrary to Policy 13h of the North Northamptonshire Core Spatial Strategy

73 Visual impact 731 The second reason for refusal on the previous application related to the proposals scale bulk design and cumulative impact and the visual harm that would have been caused on the character and appearance of the surrounding area open countryside and the main dwelling

732 Policy 13h of the North Northamptonshire Core Spatial Strategy states that development should be of a high standard of design architecture and landscaping and that it should respect and enhance the character of its surroundings and be in accordance with the environmental character of its surroundings

733 The proposed extension would increase the size of the host building but not to a scale or extent which would appear overwhelming in the context of the whole site It would remain physically subservient to the existing extension and as such would be in accordance with the Residential Extensions and Alterations Design Guide However the potential use as an independent dwelling would be out of character with the prevailing built form which is characterised by large dwellings set in large plots which front Bedford Road This would be to the detriment of the wider surrounding area and contrary to advice in PPS7 and Policy 13h of the North Northamptonshire Core Spatial Strategy

734 The applicantrsquos agent has commented that the overall size of the extended dwelling would not be out of keeping with other similar properties in the immediate area However it is felt that the size of the proposal would lead to the creation of a dwelling within the open countryside which would be contrary to planning policy

74 Neighbouring amenity 741 Due to the scale nature and location of the extension it would not affect neighbours in terms of overlooking overshadowing or overbearing

8 Other issues

81 Adequate private amenity space would remain

82 Crime and Disorder - This application does not raise any significant issues

83 Access for Disabled ndash The proposal would not be subject to any public access and therefore does not raise any concerns

9 Recommendation

91 That permission be REFUSED for the following reasons

Development Control Committee 49 of 100 Date printed 9 November 2011

10 ConditionsReasons -

1 The proposed extension would by reason of its internal layout size and positioning be tantamount to the creation of a separate dwelling in the open countryside It would be contrary to PPS7 which aims to protect the open countryside for itrsquos own sake A separate dwelling in this location would create a form of backland development away from the built up area of Rushden and as such would appear out of character with the existing ribbon development along the Bedford Road which is characterised by large dwellings in spacious plots which face the highway The proposal would therefore be contrary to PPS7 Policies 1 9 and 13h of the North Northamptonshire Core Spatial Strategy and Policy RU2 of the East Northamptonshire Local Plan

Informatives

1 The drawings to which this decision relates are as follows Plans received by the local planning authority on 7 July 2011 drawing number 11-020-

01 Existing and proposed plans and elevations site and location plans

Development Control Committee 50 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 26 October 2011

Case Officer Sue Wheatley EN1101102FUL

Date received Date valid Overall Expiry Ward Parish 18 July 2011 29 July 2011 28 October 2011 Thrapston Lakes Thrapston

Applicant MREF II PM Ltd Co Moorfield Group Ltd

Agent Katie Brown - Street Design Partnership

Location Plots 11 To 14 Haldens Parkway Thrapston Northamptonshire NN14 4QS

Proposal Proposed extension to existing distribution building with associated parking landscaping and temporary construction access

This matter is brought before the Development Control Committee due to the amount of floor area proposed

1 Summary of Recommendation

11 That permission be GRANTED

2 The Proposal

21 This is a full application for a 13540 square metre extension to the Primark distribution depot The existing floorspace is 57713 square metres The extension is located along the northern and approximately half of the eastern side of the existing building The proposal will require the width and height of the existing landscape bund to be reduced Further details of this are provided within section 79 of this report It is proposed that the cladding for the extension be graduated from dark to light from ground to sky Three new dock leveller doors are proposed in the north western elevation and one in the south east elevation

23 The application was accompanied by the following documents

bull Planning Statement and Economic Justification bull Primark Operational and CSR Statement bull Design and Access Statement bull Transport Assessment (TA) bull Flood Risk Assessment (FRA) bull Protected Species Survey bull Landscape Report bull Landscape Management Report

24 It is advised that the application has been submitted as a direct response to Primarkrsquos operational needs The depot which is operated in conjunction with DHL is one of two which serves the whole of the countryrsquos retail outlets It is already we are advised operating over capacity and further space is needed to meet Primarkrsquos next phase of UK expansion

Development Control Committee 51 of 100 Date printed 9 November 2011

25 The Design and Access Statement indicates that Primark has sought to balance the need to protect long distance views towards the site against the internal spatial requirements of the business They advise that the efficient operation of a distribution centre dictates how a building needs to be laid out The building includes racking lines which have been designed to optimise picking of goods These are 115m high 275m wide with an operating aisle of 3m

26 During the course of the consideration of the application an Addendum to the TA was submitted together with revised drainage information

3 The Site and Surroundings

31 The application site is on the edge of an existing industrial park known as Haldenrsquos Parkway which is located at the entrance to Thrapston There are industrial units to the west but open countryside immediately to the north and east although there is currently gravel extraction taking place on the land to the east There is a residential property Rectory Farm Bungalow to the east as well

32 The site is visible from both the road that goes to Titchmarsh (Ran Way) and also from the A605

4 Policy Considerations

41 National Planning Policy Guidance

PPS1 - Sustainable Development PPS4 - Planning for Sustainable Economic Growth PPS9 ndash Biodiversity and Geological Conservation

PPG13- Transport PPS23 ndash Planning and Pollution Control PPG24- Planning and Noise PPS25- Development and Flood Risk

42 East Midlands Regional Plan

Policy 1 ndash Regional Core objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 11 ndash Development in the Southern Sub-Area Policy 18 ndash Regional Priorities for the Economy Policy 20 ndash Regional Priorities for Employment Land Policy 21 ndash Strategic Distribution Policy 28 ndash Regional Priorities for Green Infra-structure Policy 29 ndash Priorities for enhancing the Regionrsquos Biodiversity Policy 30 ndash Regional Priorities for Managing and Increasing Woodland Cover Policy 31 ndash Priorities for the Management and Enhancement of the

Regionrsquos Landscape Policy 35 ndash A Regional Approach to Managing Flood Risk Policy 39 - Regional Priorities for Energy Reduction and Efficiency Policy 43 ndash Regional Transport Objectives

MKSM Northamptonshire SRS Northamptonshire 1 ndash The Spatial Framework

Ministerial Statement Planning for Growth

Development Control Committee 52 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy

Policy 1- Strengthening the Network of Settlements Policy 5 - Green Infrastructure Policy 6 ndash Infrastructure Delivery and Developer Contributions Policy 8 ndash Delivering Economic Prosperity Policy 9 ndash Distribution and Location of Development Policy 11 ndash Distribution of Jobs Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development Policy 4 ndash Green Infra-structure Policy 5 ndash Transport Network Policy 7 ndash Flood Risk Policy 11- Enhancing Biodiversity Policy 12 ndash Considerate Construction Policy 16 ndash Protected Employment Areas Policy THR4- Relocating Existing Businesses around Thrapston

45 Northamptonshire County Structure Plan

No relevant saved polices

46 East Northamptonshire District Local Plan Any policies have now been superseded by the RNOTP

47 Supplementary Planning Guidance Planning Out Crime Adopted (February 2004) Parking Adopted (March 2003) North Northamptonshire Sustainable Design SPD( March 2009)

5 Relevant Planning History

51 The building was previously occupied by IKEA

52 There is a current planning application for a relocated cattle market on the land to the north(ref 1101240FUL)

6 Consultations and Representations

61 Neighbours ndash The occupiers of Rectory Farm Bungalow comment that

bull they already have to endure sleepless nights with the noise from the endless shunting and related movements of vehicles through the night and the noise omitted from the warehouse and that the extension being on ldquotheir siderdquo will bring more disruption

bull Express concern about fire risk bull It is unnecessary to destroy the established and effective bund of trees(which will never

recover to its present form) when there is an existing access

62 Neighbours- 8 letters of support although many of these live some distance from the site

bull Will create employment

Development Control Committee 53 of 100 Date printed 9 November 2011

63 Thrapston Town Council ndash No objection

64 Titchmarsh Parish Council ndash Make the following comments

ldquoDevelopers to ensure that the external landscaping is improved and maintained In addition ensure that traffic leaving the temporary entrance leaves the site by turning right only and access to the site is only via Huntingdon Road Temporary signage to be placed on the A605 prohibiting construction traffic entering the villagerdquo

65 Highways Agency- No objection

66 Local Highway Authority ndash Advised that inadequate information had been provided and made the following comments in relation to the application as originally submitted

bull As an earth bund is being removed details of the cubic capacity of the soil to be removed and associated lorry movements are required

bull Details of the construction compound are required bull Additional disabled parking is required bull Off ndashsite highway works are required to Ran Way A ldquoswept pathrdquo analysis needs to be

carried out to demonstrate what is required bull A carriageway condition survey will need to be carried out before and upon completion

of works bull A daily log will need to be kept of vehicles bull A suitable turning facility for buses is required bull The ldquoCounty Connectrdquo operating hours need to be extended to arrive at the site by 600

am and leave after 700 pm

An addendum to the TA was submitted and the Local Highway Authority made the following comments in response to this and advised that it has no objection subject to the imposition of conditions

bull The LHA is reasonably content that the revised technical data addresses the points of concerns originally raised

bull The LHA is content with the construction access details within Ran Way and the passing bays to facilitate construction vehicles either entering or emerging from the site to access the A605 via Huntingdon Road

bull Further details are required to identify off-site accommodation works to prevent vehicles turning left when emerging from the site within Ran Way Huntingdon Road

bull Cantilever bus shelters with flag sign posts are to be provided to aid the promotion of the submitted ldquoTravel Planrdquo within Huntingdon Road to reduce private car journeys

bull As an additional measure off-site footway kerbing and construction works are proposed to aid the safe passage of pedestrian movement within Huntingdon Road on the eastern side of the vehicle access point

bull The use of the temporary construction vehicle access and passing bays shall be formed prior to the commencement of construction works unless alternative vehicle access arrangements can be promoted utilising the existing vehicle access facilities In any event all construction vehicles shall turn right either onto Ran Way or Huntingdon Road when emerging from the development site

bull The promotion of extending the footway in addition to the promoted footway works to aid the safe passage of pedestrian movement throughout the frontage of the development site within Huntingdon Road and Ran Way can be considered If the Planning Authority considers that the request for extending the footway into along Ran Way reasonable and proportionate then the Highway Authority would not object to the promotion and construction of such an approved pedestrian facility All costs to be borne by the developer and at no cost to either authority

Development Control Committee 54 of 100 Date printed 9 November 2011

67 Environment Agency ndash Initially expressed concern that the Flood Risk Assessment (FRA) did not adequately demonstrate that surface water could be managed without increasing flood risk Further information was submitted and the Environment Agency have now confirmed that they have no objection to the application subject to the imposition of a condition in relation to surface water drainage

68 Natural England ndash No objection having regard to the standing advice and the submitted Protected Species Survey

69 Wildlife Trust ndash Have provided information regarding a mitigation scheme that can be implemented in relation to Titchmarsh Nature Reserve

610 Conservation Officer (TPO) ndash makes the following comments

bull The planting on the existing bund is of varying quality and is very sparse in places The eastern bund is dominated by semi-mature Laurel(planted on the top) with a mix of broadleaved trees (Oak Field maple and Birch) which have shown poor to reasonable growth

bull The remodelling of the bund would reduce itrsquos height by between 47m and 33m on the northern side and 3m on the eastern bund The re-modelled bund is proposed to be 55 to 16 metres wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

bull As a result of the re-modelling almost all of the existing trees will be removed I have some concerns about the loss of some of the better quality broadleaf trees particularly the Lime and Oak and suggest that consideration is given to re-planting these

bull The proposed planting includes re-planting of the bottom hedge where required with the main slopes having an understorey of native woodland whip planting with interspersed standard trees The submitted details refer to the use of pre-seeded matting to combat erosion of the new slopes and confirmation is required that the woodland planting would be planted within this

bull The visual information submitted with the application demonstrates that the site is most visually prominent when viewed from the immediate north and north east with distant views from the north west The reduction of the bund and removal of existing vegetation will add to the prominence of the building in the short term

bull However the proposed planting is substantially better than existing and providing that it takes and is managed in accordance with the submitted Landscape Management report will create a similar planted effect to that which is present The planting mix is more comprehensive which will result in denser planting over time It is likely that the new planting would take between 5 and 10 years ( minimum) to create a suitable screen The future views of the building are likely to be similar to those at present after this time

611 Environmental Health (Contamination) ndash No objection but recommend an informative to draw the applicantrsquos attention to the fact that there is a landfill site within 250m

612 Environmental Protection (Noise) ndashthe original conditions for the warehouse from EN9700283FUL relating to environmental issues should be transposed onto any new permission granted These include condition numbers 2 3 13 and 14 Whilst conditions 15 16 17 18 and 19 relate to matters regulated by the Environment Agency it would be prudent for these to also be transposed to any new permission

Development Control Committee 55 of 100 Date printed 9 November 2011

The following further conditions are also recommended

Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays

There is no information provided on any ventilation or extraction to the new extension Therefore if you feel it is appropriate a further condition should be added to control noise from any such system

Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There should be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

The records held by Environmental Protection in relation to noise complaints confirm that there have been no complaints about activities from the site Previous Condition 13 is designed to protect local residents from noise from activities at the site and should complaints be received then activities would be monitored to ensure that the site is compliant with that condition This states

ldquoNoise from activities within the building(measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level(measured at L A90 30 min) by more than 5dba(A)rdquo

613 Anglian Water ndash Any comments received will be reported on the Update Sheet

7 Evaluation

71 Principle of Development

711 Policy EC 101 in Planning Policy Statement 4 advises that Local Planning Authorities should adopt a positive and constructive approach towards planning applications for economic development and that planning applications that secure sustainable economic growth should be treated favourably

712 One of the main thrusts of the North Northamptonshire Core Spatial Strategy is to deliver economic prosperity Policy 8 identifies the net increase in jobs that will be required to maintain a balance between homes and jobs Thrapston is identified under Policy 1 in the Core Spatial Strategy as a rural service centre and Policy 1 of the RNOTP indicates that to support the role of service centres the employment and service base of such settlements will be expanded

Development Control Committee 56 of 100 Date printed 9 November 2011

713 Paragraphs 395 ndash 399 of the North Northamptonshire Core Spatial Strategy considers the role that distribution has played in the past in the area It is highlighted that whilst it has created jobs it has involved the use of large areas of land put significant demands on transport infra-structure and involved large buildings that have often been visually intrusive

714 Policy 11 indicates that large scale strategic distribution is to be concentrated at the rail linked Euro-hub site in Corby and that other distribution sites should be located close to the strategic road network The site is located at the junction of the A14 and A45 trunk roads

715 Paragraph 398 also highlights that smaller distribution development should be in locations and of a scale where buildings are not visually prominent unless they are of exceptional design and build quality Buildings it is advised should be sensitively designed to reduce the impact on the local landscape and townscape and achieve high developments should contribute towards enhancing the wider Green Infrastructure network The impact on the landscape is considered in section 78 the design and sustainability of the building in section 72

716 Primark advise that the company currently employs 326 permanent members of staff at Thrapston of which all but one work full time 34 of employees live in the Thrapston Raunds and Rushden area and virtually all live within a 15 mile radius A further 115 agency and contractor staff are employed There is also some indirect employment from the business as catering and cleaning are subcontracted

717 Primark also highlight that their employees have an onsite library and computer room and that the company has offered training programmes in the form of language courses and that employees are also encouraged to study for NVQs in conjunction with Peterborough College in subjects such as administration and management The company also draws attention to its work in the community

718 The company leases the site and has advised that if it does not obtain planning permission for the extension it will need to consider relocating to a cheaper area which would be outside Northamptonshire They advise that there is an optimal size for distribution centres which is just under 74000 square metres Beyond this size there are operational disbenefits and that therefore they would not need to seek permission for further extensions Any future expansion would require the addition of a third distribution centre

719 They advise that if permission is granted it will enable them to sign a lease for a further 15 years and that an additional 35 permanent full time jobs and a further 95 agency jobs would be created They further advise that where possible Primarkrsquos preference is to employ local people

7110There are significant economic benefits associated with this proposal It is to enable the expansion of an existing business on an existing employment site and would retain employment and generate additional employment However PPS4 and local policy does make it clear that the impacts of economic development proposals still need to be considered Policy EC 102 in particular sets out that planning applications for economic development should be assessed against the following considerations

a) whether the proposal has been planned over the lifetime of the development to limit carbon dioxide emissions and provide resilience to climate change b) the accessibility of the site by a choice of means of transport the effect on local traffic and congestion c) whether the proposal secures a high quality and inclusive design which takes the opportunities available for improving the character and quality of the area

Development Control Committee 57 of 100 Date printed 9 November 2011

d) impact on economic and physical regeneration including impact on social inclusion e) impact on local employment

These issues are considered in the following sections The Ministerial Statement Planning for Growth is also a material planning consideration This indicates that the Governmentrsquos top priority in reforming the planning system is to promote sustainable economic growth and jobs It states that the Governmentrsquos clear expectation is that the answer to development and growth should wherever possible be ldquoyesrdquo except where this would compromise the key sustainable development principles in national policy

72 Carbon emissions and Climate change

721 The North Northamptonshire Core Spatial Strategy indicates that new distribution buildings should be of a high environmental standard It is proposed that the extension be built to the BREEAM very good standard which would comply with Policy 14 in the North Northamptonshire Core Spatial Strategy

722 The Primark site also include its own waste recovery facility where carrier bags and coat hangers from all of their retail outlets are recycled

73 Highway Issues ndash General Background

731 A Transport Assessment (TA) was submitted with the application and this considers the impact on local roads and the trunk road network and the accessibility of the site by walking cycling and public transport The Local Highway Authority requested further information and this was included within an Addendum to the TA and plans have also been submitted to show the proposed off-site highway works The Local Highway Authority has advised that it is reasonably content with this revised information

74 Highway Issues ndash Impact on Trunk Road Network

741 The site is close to the junction of the A45 and A14 and thus is easily accessible to the trunk road network The Highways Agency has raised no objection to the proposal

75 Highway Issues ndash Existing Traffic Movements on Local Roads

751 Concern has been expressed in the past by Members when other applications have been considered for development of the Haldenrsquos Parkway site about the functioning of the roundabout at the junction of Haldenrsquos Parkway and the A605 The TA however includes accident data for the last 5years(2005-2011) and there has only been one slight injury accident on the roundabout and that did not relate to a HGV driver losing control and toppling over onto the verge

752 The TA includes the results from a survey that was carried out of existing traffic movements in January 2001 It notes the following results

bull The peak levels of traffic passing the site along Huntingdon Road are very low There were only 106 two-way vehicle movements observed between 800 and 900 and 75 two-way vehicle movements in the evening peak between 1700 and 1800

bull The two way traffic flows on the goods and car park entrances during the morning peak hours were 2 HGVs and 11 light vehicles and in the evening peak hour there were 16 HGVs and 31 light vehicles There are low levels of flow from the site during peak times due to Primarkrsquos shift patterns

Development Control Committee 58 of 100 Date printed 9 November 2011

76 Highway Issues ndash Parking

761 The existing car park has 226 spaces of which 8 are for visitors and 2 are disabled bays Adjacent to the car park there is a cycle shelter with space for 20 bicycles and 10 motorcycles There is lorry parking for 20 vehicles in an area just beyond the goods vehicle entrance and space for approximately 65 lorries to park along the eastern and western site perimeters

762 The TA advises that a parking survey was carried out in March 2011 between 1330 and 1430 at shift change over time It was observed that the peak level of parking demand was space for 209 cars and vans It was also observed that 68 of persons drove tofrom work at this time

763 The TA notes that none of the existing car and lorry spaces would be lost as a result of the building work but that there would be some re-organisation of spaces It includes a calculation based upon Primarkrsquos planned shift patterns and increase in staff and current journey to work patterns to calculate a new parking demand of 291 cars

764 The TA however also assessed the need for parking generally for B8 uses using the TRICS database and found a need for 320 spaces ( including HGV spaces) It therefore concludes that the predicted demand for 291 spaces for Primark is reasonable

765 The proposal therefore includes an altered car park layout to include 291 spaces 36 cycle spaces and 18 motorcycle spaces are also provided The amount of lorry parking just inside the entrance has been increased from 20 to 37 spaces

766 The Addendum to the TA includes an additional analysis in relation to parking It considers the Parking SPG requirements noting that this requires a maximum provision of one space per 120 sqm of gross B8 distribution floorspace This equates to the need for a maximum of 113 additional parking spaces Only an additional 65 spaces are proposed as part of the application however the Addendum suggests that this is acceptable as it is based upon the operational requirements provided by Primark and is also comparable with TRICS database information from other distribution facilities

77 Highway Issues ndash Local Traffic Impact

771 The TA assumes that the likely impact of the traffic from the development would be a pro-rata reflection of the 23 increase in floorspace( 19 increase in staff levels) It is therefore suggested that the morning peak hour traffic flows are likely to increase from 13 vehicles per hour to 16 vehicles per hour and in the evening from 47 vehicles per hour to 57 All HGVs would travel to and from the A605 avoiding Titchmarsh under an agreed routing restriction

772 The TA indicates that Huntingdon Road has ample capacity to accommodate this increase There would be less than a 05 increase in traffic through the A605Huntingdon Road roundabout (which has morning and evening peak hour entry flows of 2000 vehicles per hour) which it is concluded would be imperceptible

773 The applicant however was asked to undertake further work as the peak hour for the proposed development is at shift change over time rather than the traditional morning and evening peaks A survey was therefore carried out on 14 September 2011 and the results of this are included in the Addendum to the TA It was found that at 200 the busiest time the level of traffic on the busiest arm of the roundabout and the A14 was only 70 of the morning peak flow The Local Highway Authority has advised that it is happy that the Addendum to the TA has addressed the concerns originally raised

Development Control Committee 59 of 100 Date printed 9 November 2011

774 A temporary access is to be provided for construction purposes from Ram Lane No details were initially provided in relation to construction traffic however further details have been submitted as part of the Addendum to the TA This includes a Draft Construction Management Plan The most significant period of construction traffic movement is during the excavation work (It is estimated that approximately 28500 cubic metres of material is to be excavated and removed from the site) which is to be carried out in weeks 0-8 of the build programme and will result in 100 8-wheel lorries coming to and from the site daily The Local Highway Authority has advised that it has no objection to the proposal on the basis of construction traffic

775 The Addendum also includes details of the proposed construction compound and wheel washing facilities as requested by the Local Highway Authority

776 The Local Highway Authority requested that a swept path analysis be carried out for construction vehicles using Ram Lane This has been included in the Addendum to the TA This showed that there will need to be a small amount of widening to Ram Lane to allow vehicles to negotiate the tight bend The Addendum to the TA also highlights that the applicant had agreed with the Local Highway Authority that the existing footpath will be extended by 20m to the east of the car park entrance Plans showing these off-site highway improvement works have been submitted and re-consultation has been carried out

78 Highways Issues ndash Access by Walking Cycling and Public Transport

781 The TA notes that access to the site from Thrapston by pedestrians and cyclists is good It however notes that there is no bus service entering the AIMI Business Park and that even if there were it would be unlikely to suit shift patterns apart from when daytime management and drivers leave at 500pm

782 Primark already has a Travel Plan and the TA includes details of this

783 The Local Highway Authority originally requested improvements to the bus service however subsequently has subsequently agreed that

1 To encourage and facilitate the use of the ldquoCounty Connectrdquo bus service the applicant should fund the provision of a bus stop and shelter in Huntingdon Road

2 Instead of extending the operating hours of the County Connect Service the existing Travel Plan should demonstrate what measures will be taken to encourage modes of transport other than the car particularly by employees needing to travel outside of the County Connect hours ( 0700 to 1900)

These measures can be addressed by the imposition of suitably worded conditions

79 Visual Impact

791 The design of the extension with the coloured banding should help to minimise the impact of the built form although there is a danger that as it a different design solution to the existing building it could appear discordant

792 The most significant concern in relation to this proposal is the impact that it would have on the landscape as the existing landscaped bund is to be remodelled This bund is currently between 5 ndash 65m high and varies in width On the northern boundary it is between 60m and 40m wide The corner of the bund is around 55m wide The bund to the eastern boundary is around 50m wide The proposed remodelling of the bund would result in a reduction in the height of the bund by between 47m and 33m on the northern side and 3m on the eastern side The remodelled bund is proposed to be 55 and 16 meters wide The gradient on the northern bund is to be lowered to a 13 and 14 slope

Development Control Committee 60 of 100 Date printed 9 November 2011

793 As a result of the remodelling almost all of the existing trees would have to be removed The planting on the existing bund is however of varying quality and is very sparse in places The eastern bund is dominated by semi mature Laurel (planted on the top) with a mix of broadleaf trees (Oak Field Maple and Birch) which have shown poor to reasonable growth The existing planting on the northern bund is very sparse in places (with the exception of some developing Lime trees) with poor growth throughout especially on the top and at the western end The whole of the bund appears to be in a constant drought the soil is nutrient poor and much of the planting shows signs of extensive rabbit damage

794 The Councilrsquos tree officer advises that she has some concerns over the loss of some of the better quality broadleaf trees particularly the Lime and the Oak She suggests that consideration is given to the transplanting of these young trees to elsewhere in the site where they can be more benefit The age of the trees is likely to result in successful relocation providing this is undertaken correctly

795 The proposed planting for the remodelled bunds includes replanting of the bottom hedge where required with the main slopes having an understory of native woodland whip planting with interspersed standard trees Reference is made within the planting details to the use of a pre-seeded matting to combat erosion of the newly formed slopes

796 The building is already fairly prominent and the removal of the bund and existing vegetation in the short term medium term will add to its prominence

797 The new planting proposed however as part of the remodelling is substantially better than the existing and providing it takes and is managed in accordance with the submitted Landscape Management Report it will create a similar planted effect to that which is present While the extension to the building will decrease the planted area available the proposed planting mix is more comprehensive which should result in a denser and more diverse landscape screen over time In the longer term therefore views of the building are likely to be similar to those at present

798 Members will therefore need to weigh carefully the requirement to consider economic development proposals favourably against the harmful effect that this proposal will have on the landscape in the shortmedium term

799 Careful management of the landscape works will be key to the long term impact of the development This is considered further in sections 79 and 713 of this report

7910Whilst this Council is currently considering an application for a relocated cattle market on the land to the north of the site this can be given limited weight as it is not a planning commitment

710 Impact on Residential Amenity

7101The nearest residential property to the proposed extension is The Bungalow This property would be 50 metres from the nearest point of the extension and 280 metres from the temporary construction access The occupiers of this property object to the application on the grounds of noise fire risk and removal of the existing landscaped bund

7102There is existing screen planting outside of the application site opposite this bungalow which clearly will remain This will help to mitigate against any visual impact The extension would be to the north of the bungalow and there would be thus no overbearing impact or loss of light

Development Control Committee 61 of 100 Date printed 9 November 2011

7103Environmental Health have been consulted and they have advised that they have not received any complaints about noise from the operation of the warehouse in the past They are satisfied that with the imposition of similar conditions to those imposed on the permission for the original warehouse and additional conditions it will be possible to ensure that noise is kept to an acceptable level

711 Archaeology

7111The County Archaeologist has advised that there is little to no potential for there to be surviving archaeological deposits

712 Contamination

7121Environmental Health have advised that the site is within 250 m of an operational landfill site and waste processing facility but that the waste that is disposed is inert and should not generate significant quantities of landfill gases They however recommend the imposition of an informative to draw the applicantrsquos attention to this

713 Drainage

7131The site is located within Floodzone 1 which has the lowest risk of flooding A Flood Risk Assessment was however submitted with the application as the site area exceeds 1 hectare The management of surface water is the most significant issue in relation to the potential risk of flooding There is currently a balancing pond on the site and surface water discharges into the public sewer at the west of the site The Environment Agency advised that confirmation of the allowable discharges needed to be sought from Anglian Water and also that more detailed modelling and calculations needed to be submitted The applicant provided this information and the Environment Agency have confirmed that they have no objection to the proposal subject to the imposition of the condition which is recommended

714 S106 Contributions and related matters

7141The development is of a size which generates a need for social and community infrastructure Detailed discussions have taken place with the applicant and it is recommended that the contributions provisions set out in the following paragraphs be sought

7142In considering whether contributions are justified and can be sought Members must have regard to the legal framework for seeking contributions The Community Infrastructure Regulations 2010 have now made the tests for the use of S106 obligations statutory These tests are that obligations should be

bull Necessary to make the development acceptable in planning terms bull Directly related to the development bull Fairly and reasonably related in scale and kind to the development

Members also need to be mindful that the current basis for seeking contributions is the Councilrsquos SPD in relation to developer contributions

Development Control Committee 62 of 100 Date printed 9 November 2011

7143It is very unusual to agree to the removal of an existing landscaped bund that was put in place to protect the visual amenity of the area and has despite its poor quality become a suitable habitat for birds It is on this basis that an ecological mitigation contribution has been sought The Wildlife Trust have provided a schedule of works that they need to undertake to the Titchmarsh Nature Reserve and suggested that these would cost pound38500 Whilst the developer has confirmed agreement to payment of a contribution to cover the schedule of works they have asked that this be specified as a maximum sum in the S106 Agreement and that tenders should be sought for the work This would be acceptable and wording to this effect can be included within the S106 Agreement

7144In addition the developer has agreed to provide a bus stop and shelter and extend the footpath for 20 metres These matters can be dealt with by the imposition of a suitably worded condition rather than through a S106 Agreement

7145At pre-application stage the developer gave a presentation to Members about their proposal At this the possibility of extending the footpath around the tight bend in Ran Way was raised The developer however has advised that unless the Local Highway Authority consider that they could make a case for the provision of this then they are not prepared to extend the footpath any more than the 20 metres that has been agreed Discussions have been held with the Local Highway Authority however they do not consider that there would be any justification for seeking any further extension to the footpath ( They have advised that it is likely that this would cost in the region of pound160 per linear metre)

8 Other Issues

81 Crime and Disorder ndash No issues emerge

82 Access for Disabled ndash Any issues can be dealt with under building regulations

83 Fire hazard - The neighbour has expressed concern that the extension would be a fire hazard Building regulations consider the proximity of works to site boundaries and would ensure that there would not be a fire hazard from the extension

9 Recommendation

91 That permission be GRANTED

10 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Prior to the commencement of development details of the wall cladding including its colour shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with these approved details

Reason In the interest of visual amenity

3 The extension shall achieve the BREEAM Code very good and shall not be occupied until a certificate has been issued for it certifying that this standard has been achieved

Reason To ensure the sustainable construction of the extension in accordance with Policy 14 in the North Northamptonshire Core Spatial Strategy

Development Control Committee 63 of 100 Date printed 9 November 2011

4 All foul sewage or trade effluent including cooling water containing chemical additives or vehicle washing water including steam cleaning effluent shall be discharged to the foul sewer

Reason To prevent pollution of the water environment

5 All fuel oil or chemical storage tanks buildings ancillary handling facilities and equipment including pumps and valves shall be contained within an impervious bunded area of at least 110 of the tank capacity designed and constructed to the satisfaction of the local planning authority

Reason To prevent pollution of the water environment

6 All drums and small containers used for oil and other chemicals shall be stored in bunded areas which do not drain to any watercourse surface water sewer or soakaway

Reason To prevent pollution of the water environment

7 Vehicle loading or unloading bays and storage areas involving chemicals refuse or other polluting matter shall not be connected to the surface water drainage system

Reason To prevent pollution of the water environment

8 Surface water from impermeable vehicle parking areas and service areas shall be passed through a storm bypass oil interceptor It must be designed to receive flows up to 50mmhour from the connected area with all flows up to 5mmhour rainfall passing through the interceptor and receiving minimum 6 minutes retention in each interception chamber

Reason To prevent pollution of the water environment

9 Before any work is commenced on the development hereby permitted full details of all proposed floodlighting installations and including a supporting lighting engineers report justifying the installations shall have been submitted to and approved by the local planning authority The development shall thereafter be carried out in accordance with the details so approved

Reason To ensure a satisfactory standard of development which does not adversely affect the amenity of the area

10The means of illumination shall be so screened such that it does not cause glare to drivers on the adjoining highway or to the occupants of adjoining residential properties

Reason In the interest of highway safety and residential amenity

11Noise from activities within the building (measured as L Aeq 30 min) when measured at the boundaries of the site shall not exceed the measured background noise level (measured at L A90 30 min) by more than 5db (A)

Reason In the interest of residential amenity

12Prior to the commencement of the development a scheme for the control of noise and dust shall be submitted to and approved in writing by the Local Planning Authority The scheme shall comply with guidance found in BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) Upon commencement of the development work shall be carried out in accordance with the approved scheme

Reason In the interest of residential amenity

13During the demolition and construction phases no works of demolition construction (including deliveries to or from the site) shall take place other than within the hours

Monday to Friday 0800 to 1800 hours Saturday 0800 to 1300 hours and at no time on Sundays or Bank Holidays Reason In the interest of residential amenity

Development Control Committee 64 of 100 Date printed 9 November 2011

14Prior to the first use of the premises details of any plant (including ventilation refrigeration and air conditioning) or ducting system to be used in pursuance of this permission 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 The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed the background level when measured as a 5 minute LAeq at the nearest residential premises There shall be no one third octave band which is more than 10dB greater than its neighbour in order to avoid dominant frequencies

Reason In the interest of residential amenity

15Prior to the commencement of development a site waste management plan shall be submitted to and approved by the Local Planning Authority in writing Development shall be carried out in accordance with this site waste management plan

Reason In the interest of sustainability and to ensure the appropriate disposal of waste

16 The mounds shall be constructed and prepared for planting n accordance with the details shown on drawing reference 127004C ( as amended by the letter from TPM Landscape received on 9 September 2011) in accordance with an implementation schedule to be submitted to and approved by the Local Planning Authority in writing

Reason To ensure that the landscape scheme establishes in the interest of visual amenity

17The Landscape Scheme drawings reference 127005B received on 20 September 2011( as amended by the letter from TPM Landscape received 9 September 2011) shall be implemented in the first planting season following first use of the extension hereby permitted

Reason In the interest of visual amenity

18The proposed development shall not begin until a scheme for the provision implementation ownership and maintenance of the surface water drainage for the site based on sustainable drainage principles has been submitted to and approved in writing by the Local Planning Authority The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied

Reason To prevent flooding by ensuring the satisfactory storagedisposal of surface water from the site and to the ensure future maintenance of the surface water drainage system

19 All construction traffic shall use the existing HGV access into the site unless( and notwithstanding the submitted details) a scheme which shall illustrate a rural road to the local highway authorityrsquos standard specification and include widening works passing bays footpath provision and works to prevent vehicles turning left when emerging from the site has been implemented Prior to the commencement of any works the scheme for these works shall have been submitted to and approved in writing by the local planning authority This shall include

1 Hard surface materials to form the promoted works throughout Ran Way and Huntingdon Road

2 Means of drainage to prevent the unregulated discharge of surface water onto the highway

3 Maximum gradient (1 in 15) from the highway boundary in the positive or negative direction

4 Sufficient parking and turning space shall be provided within the development site for all vehicles attracted thereto

Development Control Committee 65 of 100 Date printed 9 November 2011

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

20 Cantilever Bus Shelters within Huntingdon Road (industrial estate) having a landing and boarding stage with associated flag sign and posts shall be provided prior to the first use of the extension hereby permitted Prior to the commencement of these works a scheme for these shall have been submitted to and approved in writing by the local planning authority Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

Reason In order to ensure that the promoted public transport initiative will aid the promoted Travel Plan in the interests of highway and pedestrian safety and convenience to all users of the public highway network

21 Development shall be carried out in accordance with the following plans OS Map and Block Location Plan PS00 received 20 September 2011 Existing site survey - TRI-0669-01received 29 July 2011 Existing site survey - TRI-0669-04 received 29 July 2011 Existing site plan PS01 received 18 July 2011 Existing site plan sheet 1 of 2 PS03 received 18 July 2011 Existing site plan sheet 2 of 2 PS04 received 18 July 2011 Proposed site plan PS02A received 20 September 2011 Proposed site plan sheet 1 of 2 PS05 received 18 July 2011 Proposed site plan sheet 2 of 2 PS06 received 18 July 2011 Sections Mound 127004C received 20 September 2011 General Arrangement 1of 2 (Mound) 127002A received 20 September 2011 Planting Plan 127005B received 20 September 2011 Existing Floor Plan Sheet 1 of 2 PS07 received 18 July 2011 Existing Floor Plan Sheet 2 of 2 PS08 received 18 July 2011 Proposed Floor Plan Sheet 1 of 2 PS09A received 20 September 2011 Proposed Floor Plan Sheet 2 of 2 PS010A received 20 September 2011 Existing and Proposed Elevations Sheet 1 of 2 PS13A received 20 September 2011 Existing and Proposed Elevations Sheet 2 of 2 PS14A received 20 September 2011 Proposed Dock Leveller Doors PS21A received 20 September 2011 Proposed roof plan sheet 1 of 2 PS11A received 20 September 2011 Proposed roof plan sheet 2 of 2 PS12A received 20 September 2011 Illustrative View 1 PS16 received 18 July 2011 Illustrative View 2 PS17 received 18 July 2011 Illustrative View 3 PS18 received 18 July 2011 Illustrative View 4 PS19 received 18 July 2011 Illustrative View 5 PS20 received 18 July 2011 Proposed Temporary Construction Access PS15 received 18 July 2011 Huntingdon RoadRam lane Off-site highway works RD10453a received 17 October

2011 Off-site Highway Works Ram Lane Bend Widening and Footway extension RD10454

received 17 October 2011 Huntingdon RoadRam lane Off-site highway works RD10453 received 17 October

2011

Development Control Committee 66 of 100 Date printed 9 November 2011

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS4 PPS9 PPG13 PPS23 PPS24 and PPS25the East Midlands Regional Plan policies 1 2 3 11 18 20 21 28 29 30 31 35 39 43 MKSM Northamptonshire SRS Northamptonshire 1 the North Northamptonshire Core Spatial Strategy 2008 policies 1 5 6 8 9 11 13 and 14 Rural North Oundle and Thrapston Plan policies 1 2 4 5 7 11 12 16 and THR4 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development including the economic development benefits of the proposal the impact on the landscape highway issues sustainability of the design the impact on neighbouring amenities contamination drainage and the need for communityinfra-structure contributions The application has been approved as

1 The economic development benefits of the proposals outweigh the impact on the landscape arising from removal of the bund and existing vegetation

2 Whilst the loss of the existing vegetation would have ecological implications mitigation works are proposed to the Titchmarsh Nature Reserve

3 There would not be an adverse impact on the highway network having regard to the proposed off-site highway works

4 The extension would meet the BREEAM standard very good 5 A condition can be imposed to require details of surface water drainage to be

submitted and approved 6 Whilst there is a landfill site nearby the waste that is disposed is inert and would not

effect the proposed development

2 The application site is less than 250m from the boundary of an operational landfill site and waste processing facility which is permitted by the Environment Agency The waste disposed at the landfill is classed as inert and as such should not have the potential to generate significant quantities of landfill gas

The operator of the landfill monitors landfill gas from perimeter boreholes as per the conditions on their environmental permit Results from this monitoring indicates the landfill is not producing gas in sufficient quantities that may pose a risk to the development However the applicant may wish to seek advice from a consultant experienced in these matters to ensure that the development can be delivered safely

3 No works within the existing adopted highway maintainable at public expense may commence without the express written permission of the Highway Authority This planning permission does not give or infer such permission The Highway Authority will only give consent to commence works subject to the completion of an Agreement under Section 278 of the Highways Act 1980 Full engineering drainage street lighting and constructional details will be required to process such an agreement Any details submitted will be subject to a technical and safety audit that may result in changes to the details of the rural route and junction etc required to discharge the relevant condition above

Attention is drawn to the implementation of the Traffic Management Act 2004 where a three month notice period to allocate road space (for works within the highway) is formally given prior to the commencement of works

Development Control Committee 67 of 100 Date printed 9 November 2011

Committee Delegated Report

Printed 26 October 2011

Case Officer Amie Baxter EN1101341FUL

Date received Date valid Overall Expiry Ward Parish 22 August 2011 26 August 2011 21 October 2011 Lyveden Brigstock

Applicant C And D Developments (Northants) Ltd - Mr C Rose

Agent Toby Pateman Architect

Location Land Adjacent Honey Bun Hill Newtown Brigstock Northamptonshire

Proposal Erection of 2 no new dwellings

This application has been brought before the Development Control Committee due to Members showing interest in this site previously and as Brigstock Parish Council have objected to the proposed development

1 Summary of Recommendation

11 That planning permission be GRANTED subject to conditions

2 The Proposal

21 The application seeks planning permission for an amendment to a previously approved scheme for the erection of two dwellings The proposed amendment is to insert a

number of rooflights in the roof slope of both dwellings

22 The proposed roof lights would measure 025 by 035 metres each and it is proposed to add roof lights in the following positions

Unit One (to the eastern side of the site) bull Two roof lights in the east (rear) roof slope bull Three roof lights in the west elevation (front)

Unit Two (to the northern side of the site) bull Two roof lights in the west (front) elevation bull Four roof lights in the east (rear) elevation bull One roof light in the south (side) elevation

23 The roof lights are proposed to allow the conversion of the roof space in both dwellings Planning permission is not required to convert the loft into habitable space

24 The two dwellings have been partially constructed in line with a previously approved application

3 Site and Surroundings

31 The site is positioned to the north side of Stanion Road on the western edge of Brigstock

Development Control Committee 68 of 100 Date printed 9 November 2011

32 To the north west of the site is a development of modern bungalows known as Swan Avenue and to the north east is Honey Bun Hill a detached bungalow sited at the top northern end of Newtown The application site abuts the southern garden boundary of Honey Bun Hill

33 Newtown is a narrow unmade private road which serves to access a row of terraced houses on its western side and a number of individual detached houses which have been developed in a piecemeal fashion The side garden boundary of 17 Newtown forms the southern boundary with the application site

34 Beyond the application site to the north is open countryside

35 The application site is accessed from Stanion Road via a long narrow track which runs adjacent to the garden boundaries of 16 and 18 Stanion Road The access runs to the west of a rectangular plot of land to the rear of the terrace row in Newtown (1 to 17 Newtown) This land is commonly referred to as the lsquopump stationrsquo site and has planning permission for two dwellings using the same access as the application site (EN0200802FUL and EN 0200318FUL)

36 The site slopes upwards from Stanion Road towards the northern boundary

37 The north west boundary of the site is marked by a close board fence a public footpath and a row of leylandii trees A close board fence runs around the property known as Honey Bun Hill and the southern boundary is comprised of a mix of leylandii and native hedging

38 The character of the area is residential composed of a range of dwelling styles with no one type dominating

39 Brigstock Conservation Area is some distance to the east of the application site

4 Policy Considerations

4 1 National Policy PPS1 ndash Delivering Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 East Midlands Regional Plan (RSS8) On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 13b ndash Housing Provision (Northamptonshire) Policy 14 ndash Regional Priorities for Affordable Housing Policy 17 ndash Regional Priorities for Managing the Release of Land for Housing Policy 48 ndash Regional Car Parking Standards Policy MKSM SRS Northamptonshire 1 Policy MKSM SRS Northamptonshire 2

Development Control Committee 69 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy Policy 1 ndash Strengthening the Network of Settlements

Policy 7 ndash Delivering Housing Policy 9 - Distribution and Location of Development

Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficient and Sustainable Construction

Policy 15 - Sustainable Housing Provision

44 Other Relevant Policy Three Towns Preferred Options document The Highway Authority Standing Advice for Planning Authorities Document July 2008 Planning Out Crime SPD ENC Developer Contributions SPD

5 Relevant Planning History

51 0602201OUT ndash Outline for residential development ndash Granted under delegated powers by 16 February 2007

52 0700827FUL- Two detached dwellings This application was refused under delegated powers but later allowed on appeal

53 0801134FUL- Residential development ndash Refused under delegated powers on 27 Aug 2008

54 0900116FUL- Residential development of 6 new dwellings Resubmission of EN0801134FUL Permitted by the Development Control Committee on 25032009

55 0800395FUL- Erection of two detached dwellings swimming pools access and other associated works Permitted by the Development Control Committee on 04062008

56 1000341FUL- Erection of two detached dwellings - amendment to EN0800395FUL) Permitted by Development Control Committee on 080910

6 Consultations and Representations

61 Neighbours No comments received

62 Brigstock Parish Council ndash Object on the following grounds bull The design of the proposed dwellings is overpowering especially considering the sitersquos

elevated position The design is also very urban which is out of character with the village location The design would not mellow with age

bull The scale of the dwellings is wrong bull The right of way to Swan Close has been blocked off to allow an extension to the

garden of the dwelling on the neighbouring site (currently under construction) This is a symptom of overdevelopment

63 Highways Authority No objection

64 Ramblers Association No comments to make

7 Evaluation

71 The main considerations in the determination of this proposal are the principle of development design and visual impact and impact on neighbouring properties

Development Control Committee 70 of 100 Date printed 9 November 2011

72 Principle of development

721 The principle of development for two dwellings on this site was established by the previous application (1000341FUL) permitted at Development Control Committee on 08092010 The relevant national and local policy has not changed since the previous application was approved and therefore officers have no reason to alter their view of the proposed development

722 As the only difference between the previously approved scheme and the one put forward with this application is the insertion of a number of velux roof lights only the impact of the roof lights needs to be considered

723 It should also be borne in mind that the occupiers of the two dwellings could add roof lights without the need for planning permission once the dwellings are built

724 Not all of the previously approved conditions are recommended as part of this report to save duplication of the previous permission where it is clear that the dwelling has already been built in accordance with the previously approved plans

73 Design and Visual Impact 731 The design and visual impact of the two dwellings was considered during the previously

approved application and was found by members to be appropriate The comments from Brigstock Parish Council are noted but given that they make no specific comments regarding the proposed roof lights and as the two dwellings have already been approved their comments are not relevant to this proposal

732 Given the elevated positioning of the plot the roof of each of the proposed dwellings would be visible from outside the site However as the proposed roof lights would be small and positioned in line with the angle of the roof the roof lights would not be overly dominant in a visual sense

74 Effect on neighbours 741 Given the nature of the proposed development and as no additional bulk would be

introduced there would be no overbearing impact or additional overshadowing on neighbouring occupiers

742 A condition is recommended to ensure that the roof lights are inserted with a minimum cill height of 16 metres to avoid any additional overlooking

80 Other Issues 81 None relevant

9 Conclusion

91 In recommending this application for approval the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application is recommended for approval as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 71 of 100 Date printed 9 November 2011

10 Recommendation

101 It is recommended that the application be GRANTED subject to the following conditions

11 ConditionsReasons -

1 The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission

Reason Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004

2 Before commencement of the development hereby permitted details of the provision of screening to all boundaries of the site shall be submitted to and be approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erected and shall include details of boundary screening along the northern boundary which shall be erected in a manner which would provide privacy for the occupiers of Honey Bun Hill This boundary screening shall then be provided in accordance with the details so approved before the building is first occupied and shall thereafter be retained in perpetuity

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

3 Pedestrian visibility splays of 24m x 24m (20 metre x 20 metre if turning space is available within the site) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) no windowsdormer windows other than those expressly authorised by this permission shall be constructed on the side elevations of the proposed dwellings All windows serving bathrooms shall be obscure glazed in a manner which would prevent overlooking and fitted with top hung casements which are incapable of being opened further than 100mm

Reason To protect the residential amenity of neighbouring occupiers

5 No development shall take place until there has been submitted to and be approved in writing by the Local Planning Authority a comprehensive scheme of landscaping for the site which shall be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development unless otherwise agreed in writing by the Local Planning Authority The landscaping scheme shall include the retention of the existing trees along the eastern and southern boundary of the application site and those trees shall thereafter be retained unless agreed in writing by the local planning authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

6 All planting seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the building(s) or the completion of the development whichever is the sooner Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 72 of 100 Date printed 9 November 2011

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

7 Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy satisfying the requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy shall be submitted to and be agreed in writing by the Local Planning Authority and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

8 The rooflights hereby approved in the shall be provided at a minimum sill height of 16 metres and shall thereafter be retained in this manner unless otherwise approved in writing by the local planning authority

Reason In the interests of residential amenity

9 The works hereby permitted shall be carried out strictly in accordance with the approved plans (50-09-00 50-09-05 A 04-11-05B 04-11-01B 04-11-02B received on the 22082011 ) unless otherwise agreed in writing by the local planning authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 and North Northamptonshire Core Spatial Strategy 2008 policies 10 13 14 19 Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of the development the impact on neighbouring amenities the design and visual impact and highway matters The application has been approved as

bull The principle of the development is acceptable and is consistent with the development plan

bull Planning permission already exists for development on the application site for both dwellings

bull The development would not harm the visual amenity or character of the area bull The proposal would not have a significant impact on the amenities of neighbouring

occupiers

Development Control Committee 73 of 100 Date printed 9 November 2011

Committee Report Committee Date 9 November 2011

Printed 27 October 2011

Case Officer Anna Lee EN1101447REM

Date received Date valid

Hill 12 September 2011 29 September

Overall Expiry 2011 24 November 20

Ward 11 Fineshade

Parish Easton-on-the-

Applicant Mr P Bee

Agent Mr J Moses

Location 33 Westfields Easton On The Hill Stamford Northamptonshire PE9 3LY

Proposal Reserved matters Development of land ro 31 and 33 Westfields for the provision of 4 dwelling houses with new access road Demolition of current garage and relocation of No33 to allow access road pursuant to application EN0901133OUT dated 31209

The application has been brought to Development Control Committee because the proposal falls outside of the 2010 Scheme of Delegation as it is for more than one residential unit within a Restricted Infill Village and because of the history of the site The original outline planning application EN0901133OUT was approved by committee on 02122009 and a copy of the previous report to committee is appended to this report

1 Summary of Recommendation

11 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and subject to conditions

2 The Proposal

21 Outline planning permission was granted for the construction of four dwellings on the site with all matters reserved under reference EN0901133OUT This application seeks reserved matter approval for access layout scale appearance and landscaping etc

22 The proposal is for four detached two storey dwellings comprising of one three bedroom property two four bedroom properties and one five bedroom property Three of the dwellings would have garages (plots 1 2 and 3) and a separate detached garage is proposed to serve the existing property no33 Westfields A new access road is proposed off Westfields to serve the proposed new dwellings and the existing property

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary The property benefits from a detached garage located on the side of the main house It is proposed that this garage would be demolished in order to provide space for the proposed new access road

Development Control Committee 74 of 100 Date printed 9 November 2011

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

34 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 ndash Biodiversity and Geological Conservation PPG13 ndash Transport PPS24 ndash Planning and Pollution Control PPG24 ndash Planning and Noise

42 East Midlands Regional Plan March 2009 On 10th November 2010 the High Court ruled that the Secretary of States decision to revoke Regional Spatial Strategies was unlawful as it had been taken without primary legislation A statement was then issued by the Government reiterating their intention to remove RSSs and that this should be treated as a material consideration Following a further legal challenge it was confirmed by the courts that the Governments intention to abolish RSSs was a material consideration This decision was however challenged The Court of Appeal has however recently ruled that the Governmentrsquos intention to abolish Regional Strategies is a material planning consideration

Policy 1 ndash Regional Core Objectives Policy 2 ndash Promoting Better Design Policy 3 ndash Distribution of New Development Policy 45 ndash Regional Approach to Traffic Growth Reduction Policy 48 ndash Regional Car Parking Standards

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution amp Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Rural North Oundle and Thrapston Plan (RNOTP) 2011 Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 6 ndash Residential Parking Standards

45 Supplementary Planning Guidance Planning Out Crime in Northamptonshire Feb 2004

46 Supplementary Planning Document Design SPD March 2009

47 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Development Control Committee 75 of 100 Date printed 9 November 2011

5 Relevant Planning History

51 Planning permission has been granted for other residential development on land to the east of the site A residential scheme comprising 10 affordable housing units was granted on the land to the rear of nos 9 to 21 Westfields under reference EN0800284FUL on 11062008 This scheme has been built and is now known as lsquoThe Bramblesrsquo

52 More recently Development Control Committee came to a resolution on 14042011 to grant planning permission for the construction of eight dwellings on land rear of nos 28 30 And 32 Western Avenue under reference EN1001183OUT This application is currently pending a legal agreement

6 Consultations and Representations

61 Neighbours Any comments received will be added to the committee updates

62 Easton on the Hill Parish Council Any comments received from the parish council will be added to the committee updates

63 Crime Prevention Officer (Northamptonshire Police) no objection The officer recommends that conditions be imposed to require (1) the submission of lighting details (2) boundary screening details and (3) details to ensure that the windows and doors of the new dwellings are fitted to secure standards

64 Environmental Protection Officer no objection However conditions are recommended (1) to control the demolition construction and delivery hours (limited to Monday to Friday 0800am to 1800pm Saturday 0830am to 1300pm and at no time on Sundays or bank holidays) (2) details of how dust would be controlled particularly during the demolition works (3) and an informative to advise that any asbestos found during demolition should be removed in a safe manner and be disposed of to an appropriately permitted facility

65 Site notice posted no other representations received

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 The principle of residential development at the rear of the properties along Westfields and Western Avenue has been established by the 10 affordable housing units built at the rear of numbers 9 to 21 Westfields (granted under reference EN0800284FUL) and another development of eight dwellings has been recently granted at land rear of 28 30 And 32 Western Avenue (under reference EN1001183OUT)

722 The principle of residential development on this site was established by the original outline planning permission EN0901133OUT The site was considered suitable for residential development because it lies within the built up part of Easton on the Hill and lies close to existing residential development and other local services Therefore only the following details are relevant to this reserved matters application access layout scale appearance landscaping parking impact on neighbour amenity and sustainable construction and energy efficiency These are discussed in turn below

Development Control Committee 76 of 100 Date printed 9 November 2011

73 Access

731 The application proposes the construction of a new access road in the position of the existing vehicular entrance so that access could be created off Westfields to serve the proposed new dwellings and the existing property no33 Westfields The local highway authority (NCC) carried out a detailed assessment of the proposed access road during the outline application and was satisfied with the creation of a new access road in the proposed location The proposed access road measuring more than 45 metres in width for the first 10 metres back from the highway boundary would allow sufficient room for vehicles to pass without conflict and would meet the NCC requirements for a shared access NCC has previously recommended that pedestrian visibility splays measuring 20 metres by 20 metres and vehicular visibility splays measuring 430 metres by 430 metres be provided on both sides of the vehicular access The agent has been requested to provide further drawings to clearly show these visibility splays Therefore providing satisfactory drawings are received to show these details the proposal would comply with NCC highway requirements

732 NCC have been consulted on this reserved matters application and the highway officerrsquos comments on the design and layout of the proposed new vehicular entrance and access road will be added to the committee update sheet

74 Layout

741 The proposed dwellings would be positioned to follow the orientation of the existing surrounding dwellings (along Westfields Western Avenue and The Crescent) and are arranged so that they would face onto an enclosure formed by the proposed access road and the front gardens of the proposed dwellings Each property would have a private driveway served off the access road and these would lead to a garage proposed for three of the properties (plots 1 2 and 3) The rear garden of the proposed dwellings would lsquoback-onrsquo to the rear gardens of the existing surrounding properties The rear gardens proposed for the dwellings each measuring approximately 13 metres by 10 metres in area would provide sufficient private amenity space to serve the future occupiers of the proposed dwellings As mentioned in the original outline application given the fact that the gardens of the existing surrounding properties all vary in layout and sizes and with some being similar in size than those proposed in this development the gardens proposed for the new dwellings would be acceptable

75 Scale and Appearance

751 As the area is characterised by two-storey houses condition 5 was imposed on the outline planning application to require that the proposed dwellings be limited to a maximum height of two storeys although it would be possible for the dwellings to have rooms in the roof Plots 2 3 and 4 are all two-storey properties with no rooms in the roof Whilst plot 1 is designed slightly taller than the other proposed dwellings and has two rooms in the roof this property would have the appearance of a two-storey property This is because this dwelling is designed with low eaves (measuring 50 metres) a low ridge (measuring 99 metres) and would not have any windows in the roof Therefore the proposed development would be in-keeping with the scale of the surrounding development

752 In terms of appearance the proposed dwellings are designed to look similar to each other but with also slight variations The buildings are designed with lean-to facing roofs small front porches (for plots 1 3 and 4) a two storey gable end on one plot (plot 2) and with the exteriors half covered in render and half in brickwork The overall design of the properties would generally be in-keeping with the existing surrounding houses and providing suitable materials are used in the construction of the properties the scheme would add an interesting and modern variation to the area

Development Control Committee 77 of 100 Date printed 9 November 2011

76 Landscaping

761 The submitted lsquoproposed landscape layoutrsquo drawing (drawing number JWMPB022) shows that the existing hedges and shrubs along the east and southwest boundaries of the site would be retained and new trees would be planted within the front and rear gardens of the proposed dwellings Also low level shrubs are proposed to be planted along the western boundary adjacent to the proposed access road and within the garden of no33 Westfields These proposals would help to enhance the landscaping within the development as well the appearance of the surrounding area

762 In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the boundaries of the site and within the neighbouring gardens conditions requiring the submission of tree protection details and an arboricultural method statement were recommended on the outline planning permission Therefore it would not be necessary to repeat these conditions should the council decide to grant the reserved matters application

77 Parking

771 Policy 6 of the RNOTP states that an average maximum residential parking standard of two spaces per dwelling will apply for the plan area In accordance with the requirement of this policy there would be room for parking of at least two vehicles within the curtilage of each of proposed dwelling There is room for parking along the driveways proposed at the side of plots 1 2 and 3 and in front of plot 4 and also within the garages proposed to serve plots 1 2 and 3 Also a double garage and parking area is proposed at the rear of no33 Westfields and this would provide sufficient parking for the existing property

78 Neighbour Amenity

781 The proposed dwellings at a distance of over 30 metres would be sufficiently positioned away from the residential properties to the north at Westfields and to the west at The Crescent (in particular numbers 29 31 and 33 Westfields and numbers 1 3 5 17 19 21 23 The Crescent) The new garage proposed for no33 Westfields and plots 1 and 2 would be positioned close to the outbuilding located within the rear garden of no31 Westfields However given that the neighbouring building is only used for storage there would be no undue harm on the neighbouring occupiers

782 Plots 3 and 4 would be positioned between 25 to 30 metres away from the neighbouring properties to the south (numbers 38 36 and 34 Western Avenue) There would be no significant overbearing overshadowing or overlooking impact on these properties due to this distance Furthermore no windows are proposed in the south side of plot 3 However in the interest of preventing overlooking on the neighbouring garden of no38 Western Avenue and plot 4 in the future a condition is recommended to require that no new windows be created in the south side of plot 3 in the future

783 Plot 4 would be positioned 15 metres away from no32 Western Avenue Due to this distance and the fact that the proposed dwelling would be positioned at an angle away from the neighbouring property on the northern side it would be extremely difficult to justify a refusal of planning permission on the basis of overbearing or overshadowing on this neighbouring property A toilet window is proposed at the first floor of plot 4 on the side closest to no32 Western Avenue Providing it be conditioned that this window is fitted with obscure glazing this would help to prevent overlooking on the neighbouring property

Development Control Committee 78 of 100 Date printed 9 November 2011

784 The submitted landscaping plans do not clearly show the treatments proposed along the boundaries to the surrounding properties Whilst the submitted plans identifies lsquoexisting mixed hedging and shrubsrsquo along the east and western boundaries it is difficult to establish how high the retained hedge would be and whether this would offer sufficient screening to the surrounding neighbouring gardens and the gardens of the proposed dwellings Also apart from the proposal to retain and plant new trees along the southern boundary of plots 3 and 4 the submitted drawings do not provide details of the boundary treatment proposed for the rear southern boundaries to the properties along Western Avenue Therefore in the interest of safeguarding the privacy of the existing surrounding occupiers and the future occupiers of the proposed dwellings conditions are recommended to require the submission of further boundary treatment details for approval before commencement of development

785 Low level shrubs and an open 1 metre high picket fence is proposed along the west and southern boundaries of no33 Westfields There are concerns that these would not provide sufficient screening for the rear garden of the existing property Therefore in the interest of safeguarding the privacy and residential amenity of the occupiers at no33 Westfields a condition is recommended to require the submission of further boundary screening details for approval

786 The proposed dwellings are sufficiently positioned away from each other such that there would be no undue overbearing or overshadowing impact between the properties A first floor bedroom window has been proposed in the north side of plot 3 which would directly face onto the front windows of plots 1 and 2 In order to prevent overlooking between the proposed dwellings the agent has been requested to remove the first floor bedroom window proposed in the north side of plot 3 Any amended drawings received will be reported in the committee updates Furthermore a condition is recommended to require that no new openings be created in the north side of plot 3 in the future

787 The conditions recommended by the Environmental Protection Officer to control delivery demolition and construction hours and require the submission of a dust control details would help to safeguard the residential amenity of the surrounding occupiers Overall the recommended conditions would help to minimise the impact of the proposal on the surrounding neighbours

79 Sustainable Construction and Energy Efficiency

791 Policy 14 of the NNCSS requires new development to incorporate techniques of sustainable construction provision for waste reduction and recycling and water efficiency and recycling and a condition has been imposed on the outline planning permission which requires the submission of a sustainable strategy before commencement of development (condition 20) The application is accompanied by a document which details the works proposed to be carried out to the individual properties However due to the lack of information provided to demonstrate how the development would meet the requirements of this policy an informative is recommended to remind the applicant about the requirements of condition 20 which has not been satisfied by the information submitted as part of this reserved matters application

8 Other issues

81 Levels ndash Condition 6 of the outline planning permission requires the submission of slab level details at the reserved matters A drawing has been submitted to show the existing and proposed level changes across the site and the levels at which the proposed dwellings and garages would be constructed (drawing number JWMPB024A) Given that the levels within and surrounding the site are relatively consistent the proposed level changes are relatively minor and do not appear to raise any significant issues

Development Control Committee 79 of 100 Date printed 9 November 2011

82 Drainage ndash Condition 9 requires the submission of foul and surface water drainage details These proposals are shown on drawing number JWMPB024A and detailed in the submitted Drainage and Waste Disposal Strategy The applicant has given sufficient consideration to drainage for the purpose of this planning application and the drainage proposals would be further assessed as part of Building Regulations

83 Crime and disorder ndash No33 Westfield and no1 The Crescent would provide natural surveillance for the access road and the proposed dwellings would provide natural surveillance for each other within the development However in the interest of the residential amenity of the future occupants and to reduce opportunities for crime and the fear of crime during the evenings conditions are recommended to require the provision of lighting along the main access road and within the development and that details be submitted to ensure the security of the windows and doors

84 Refuse ndash The submitted plans show that a small area would be provided within the front garden of no33 Westfields for the storage of refuse and recycling bins The agent has been requested to enlarge this area so that sufficient space could be provided for bin storage towards the front of the access This matter would be further discussed in the committee updates and any amendments received will be reported in the committee update sheet

9 Recommendation

91 That planning permission be GRANTED subject to receipt of amended plans comments from the local highway authority and the following conditions

10 ConditionsReasons -

1 Prior to the commencement of the development hereby permitted details and a sample of the proposed facing brick(s) and roof tile(s) to be used for the construction of the dwellings and garages hereby permitted shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

2 Prior to the commencement of the development hereby permitted details of the colour and finish details of the render to be used on the exterior of the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order) no windows or other form of opening shall be inserted in the south and north facing elevations of plot 3 hereby permitted

Reason To ensure adequate standards of privacy for neighbours and occupiers

4 Before plot 4 hereby permitted is first brought into occupation the first floor en-suite window in the south facing elevation shall be fitted with obscured glazing to a minimum level of obscurity to conform to Pilkington Glass level 3 or equivalent and this obscure glazing shall thereafter be retained permanently

Reason To ensure adequate standards of privacy for neighbours and occupiers

Development Control Committee 80 of 100 Date printed 9 November 2011

5 Notwithstanding the submitted details and prior to the commencement of the development hereby permitted details of the provision of screening to the eastern western and southern boundaries of the site (to the properties along Western Avenue and The Crescent) shall be submitted to and approved in writing by the Local Planning Authority This shall include details indicating the positions height design materials and type of boundary treatment to be erectedretained This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

6 Notwithstanding the details shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) alternative boundary treatment for the west and southern boundaries of no33 Westfields shall be submitted to and approved in writing by the Local Planning Authority This boundary screening shall then be provided in accordance with the details so approved prior to the first occupation of the dwellings hereby approved and shall thereafter be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

7 The planting seeding and turfing proposals shown on drawing number JWMPB022 (received by the Local Planning Authority on 12 September 2011) and any subsequent planting proposals approved in writing by the Local Planning Authority under conditions 5 and 6 above shall be implemented in the first planting season following the first occupation of plots 1 2 3 and 4 unless otherwise agreed in writing by the Local Planning Authority Any trees or plants which within a period of 5 years from the completion of the development die are removed or become seriously damage or diseased shall be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area

8 Prior to the first occupation of the dwellings hereby permitted the vehicular accesses to the public highway and parking facilities shown on the submitted plans to serve the development shall have been completed and brought into use and be thereafter retained unless otherwise agreed in writing by the local planning authority

Reason In the interest of highway safety

9 Deliveries demolition or construction works shall be not be carried out except between the hours of 0800am -1800pm Mondays to Fridays 0830am ndash 1300pm on Saturdays and at no time on Sundays or Bank Holidays unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of residential amenity

10Prior to the commencement of any demolition work or other development on the site a method statement for the control of dust during demolition and construction shall be submitted to and approved in writing by the Local Planning Authority The works shall thereafter be implemented in accordance with the scheme so approved unless otherwise agreed in writing by the Local Planning Authority

Development Control Committee 81 of 100 Date printed 9 November 2011

Reason In the interests of residential amenity the orderly development of the site and to protect the environment

11Details of a scheme of lighting for the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development This shall include full details of the type of lighting number exact location and level and type of illumination The scheme shall thereafter be implemented in accordance with the details so approved prior to the first occupation of the dwellings unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

12A scheme to ensure the security of all of the ground floor doors and windows and easily accessible first floor doors and windows of the dwellings hereby approved including details of any secure standards shall be submitted to and approved in writing by the Local Planning Authority The development shall thereafter be carried out in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of preventing crime anti-social behaviour and reducing the fear of crime in accordance with Policy 13 of the adopted North Northamptonshire Core Spatial Strategy and in the interest of residential amenity

13 The development hereby permitted shall be carried out strictly in accordance with the approved plans plans received by the Local Planning Authority on 12 September 2011 drawing numbersJWMWH025 JWMPB02B JWMPB021 JWMPB22 JWMWH016 JWMWH017 JWMWH015 JWMPB010 JWMPB009 JWMPB011 JWMPB005 JWMWH008 JWMPB002 JWMPB001 JWMWH003 JWMWH004 and drawing numbers JWMPB006A and JWMPB024A received by the Local Planning Authority on 29 September 2011 unless otherwise agreed in writing by the Local Planning Authority

Reason In order to clarify the terms of the planning permission and to ensure that the development is carried out as permitted

Informatives

1 The additional information to which this decision relates is as follows Information received by the Local Planning Authority on 12 September 2011

lsquoSpecification for Works To Be Carried Outrsquo and Tree Survey

2 In approving this application the relevant planning guidance and policies were identified as PPS1 PPS3 PPS9 PPG13 PPS23 and PPG24 Policies 1 2 3 45 48 of the East Midlands Regional Plan 2009 Policies 1 9 10 13 and 14 of the North Northamptonshire Core Spatial Strategy 2008 Policies 1 and 6 of the Rural North Oundle and Thrapston Plan 2011 Design SPD 2009 Planning Out Crime in Northamptonshire 2004 and Highway Authority Standing Advice for Planning Authorities Working Draft July 2008

Having regard to these the representations received and any other material planning reasons the main issues were identified as the principle of development accesshighway impact layout scale appearance landscaping parking impact on neighbouring amenities and sustainable construction

Development Control Committee 82 of 100 Date printed 9 November 2011

------------------------------------------------------------------------------------------------------------------------

The application has been approved as

1 The principle of the development is acceptable and is consistent with the development plan and guidance contained in national planning policies

2 The proposal would not harm visual amenity or the character and appearance of the area

3 The proposal would not have any significant access issues or an unacceptable impact on the local highway

4 The proposed layout scale appearance and landscaping proposals are acceptable 5 The proposal would not result in an unacceptable loss or harm to trees 6 The proposal would not have a significant impact on the amenities of neighbouring

occupiers or the amenity of the area 7 The proposal would meet the sustainable construction and energy efficiency

standards

A full report is available on the Councilrsquos website wwweast-northamptonshiregovuk

3 The applicant is advised that any materials containing asbestos should be safely removed and disposed off to an appropriately licensed waste management facility

4 Unfortunately the information submitted as part of this reserved matters application does not address condition 20 of outline planning permission number EN0901133OUT The applicantrsquos attention is drawn to the requirements of this condition

5 Please note that an application to discharge the above conditions will be required Please ensure that you allow sufficient time for your application to be determined prior to implementing your permission An approximate timescale of 8 weeks is required For full details please visit httpwwweast-northamptonshiregovukconditions

APPENDIX 1 Report to Development Control Committee 02122009 ------------------------------------------------------------------------------------------------------------------------

The application has been brought to Development Control Committee in accordance with the 2006 scheme of delegation as the proposal relates to more than one residential unit within a Restricted Infill Village (formerly classified by policy H10 of the local plan) In addition the Parish Council has objected on grounds that the access to the development would be dangerous

1 Summary of Recommendation

11 That permission be GRANTED subject to conditions

2 The Proposal

21The application seeks outline planning permission for the erection of four dwellings on the site All matters including access siting external appearance landscaping etc are reserved

22 Whilst all matters are reserved the submitted Design and Access Statement explains that the existing access which serves No33 Westfields would be widened and used to the serve the development and the garage located to the side of No33 Westfields would be demolished to accommodate the new vehicular access route These proposals are shown on the submitted indicative layout drawings

Development Control Committee 83 of 100 Date printed 9 November 2011

23 In addition the submitted Statement confirms that the dwellings will be for market housing and the housing mix is of a mixture of three four and five bedroom properties as the submitted statement states ldquoThe floor area of the dwellings will range from 1300 sqft giving a total of approximately 546m2 (5869sqft) and be 1 No 3 bed 2 No 4 bed and 1 No5 bed homesrdquo The Statement also advises that ldquoIt is intended that these would be of ground and first floor construction with some possibility of utilising the roof spacerdquo

24 The maximum scale parameters have been confirmed by the agent in an email dated 26102009 as follows

Plot 1 maximum width 9 metres maximum length 9 metres maximum height 10 metres to the ridge and 55 metres to the eaves

Plot 2 maximum width 10 metres maximum length 10 metres maximum length 10 metres maximum height to the ridge 95 metres and 55 metres to the eaves

Plot 3 maximum width 85 metres maximum length 9 metres maximum height to the ridge 9 metres and 55 metres to the eaves

Plot 4 maximum width 8 metres maximum length 8 metres maximum height to the ridge 85 metres and 55 metres to the eaves

25 An amended drawing was received on 16th September 2009 to address the concerns of the Local Highway Authority (see paragraph 64 below for full details)

3 The Site and Surroundings

31 The application site lies at the rear of nos33 and 31 Westfields and is currently used as residential garden curtilage by the two properties No33 Westfields is a 1970s style two-storey house and no31 Westfields is a 1960s style bungalow

32 No33 Westfields benefits from a gated vehicular access located on the west side of the front boundary and this access currently leads to a detached garage located on the side of the main house

33 The site is surrounded by residential development to the immediate east west and south In terms of the character of the properties along Westfields these consist of a mixture of two-storey detached semi-detached and terraced properties The majority of the surrounding properties are externally faced with brickwork but some of the properties particularly those found along Westfields have been altered on the exterior and include render The properties to the rear of the site along Western Avenue are more modern 19701980rsquos character two-storey houses

32 Levels are relatively consistent within and surrounding the site

4 Policy Considerations

41 National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

42 Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

Development Control Committee 84 of 100 Date printed 9 November 2011

43 North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

44 Supplementary Planning Guidance Parking SPG March 2003 Planning Out Crime in Northamptonshire Feb 2004

45 Rural North Oundle and Thrapston Plan (emerging policy) The Rural North Oundle and Thrapston Plan went through an examination process in 2008 and 2009 Following this examination on 8 July 2009 the Inspector found the document sound However as yet the Council has not adopted the Plan as a Development Plan Document as such the Council is still treating the document as emerging policy The relevant policies in the RNOTP include

Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

46 Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008 Design SPD March 2009

5 Relevant Planning History

51 A residential scheme comprising 10 social housing units was granted on the land to the rear of numbers 9 to 21 Westfields under reference EN0800284FUL on 11062008 At the time of the application this site was known as Land between 6 and 16 Porters Lane Access to the site was provided In this application from the front of no15 Westfields

52 Previous applications proposing a bungalow and one or two dwellinghouses on the site were refused under planning reference 660008QTR on 14101966 and 6300067OTR on 05031964 respectively

53 Extensions and alteration have been permitted to the property No33 Westfields and these are listed below

- EN0000893FUL Detached double garage (revised scheme) Permitted 06122000

- EN0000091FUL Two storey rear extension and detached double garage Permitted 06042000

54 Extensions and alterations have also been permitted to no31 Westfields and these are listed below - EN9900406FUL Single storey rear extension Permitted 05081999

6 Consultations and Representations

61 Neighbours 18 neighbour letters received and the contents are summarised below

2 Baxters Lane Objection The neighbour considers the road to be busy and narrow with cars parked along on the road and on the grass The neighbour comments that ldquoThe area is densely populated On top of this is the only access to the Cricket ground and playing fields as well as serving the only village shoprdquo The neighbour is concerned that as the affordable housing scheme has yet to be implemented the development

Development Control Committee 85 of 100 Date printed 9 November 2011

would further increase traffic damage trade to the shop and increase the risk of accidents ldquoespecially the children of the village who use this only route to the playing fieldsrdquo

33 Church Street Objection The neighbour is concerned about road safety The existing site is considered to be on already dangerous corner and that the development would add permanently to this hazard

51 West Street Objection The neighbour is concerned about the proposed access The proposed access is considered to be too narrow and in itself a hazard In addition the corner of the site adjoins a lane which provides access for farm vehicles to the fields and access for pedestrians attending the cricket club and playing field further down the lane ldquoThe corner junction also provides access to the allotments and is used as a turning point by those frequenting the Post Office at the bottom of Westfieldsrdquo The neighbour is also concerned about parking as Westfields is often parked with vehicles at peak times and considers the situation to worsen once the scheme already granted for the 10 dwellings further along the road is complete The neighbour considers that a traffic survey taken in the morning and also late afternoon may better reflect the activity of the local area

1 Westfields Objection The neighbour feels that the area is already overdeveloped The neighbour advises that there is already traffic in the area from the rest of the village using the post office and shop and there are large farm vehicles using the road to get to the land west of the village where large vehicles have problems passing because of the parked cars The neighbour considers the main issue to be the entranceexit road on the corner of The CrescentWestfields which appears very dangerous and vehicles travel quite quickly at times

23 Westfields Objection In addition to the concern of increased traffic problems the neighbour is concerned about the increase in strain to their sewerage system and water supply as the area is experiencing a low water pressure problem

38 Westfields Objection on grounds that the road would exit onto a very busy and dangerous corner ldquoThere cars parked on the corner on both sides add to this that on a sunny day when you come from the Cresent direction the sun shines in your eyes and it is very difficult to see traffic coming up Westfields ndash mostly on the wrong side of the roadrdquo

40 Westfields Objection due to loss of privacy to neighbours and due to the development being a cramped form of development The neighbour is concerned that the development is situated on a busy corner which in itself would be dangerous and will impact seriously on parking by existing residents and also increase traffic especially during development

42 Westfields Objection The occupants have lived in Westfields from when the first homes were built The neighbour feels that the houses will be too crammed into the garden space of the two properties There are concerns about parking as few homes have off-road parking and there are many vehicles parked on the roadside The neighbour comments that ldquoThe Crescent and the entrance to the Drift I believe this to already be a road safety hazard and would like to see speed ramps in use Extra traffic four homes could mean at least 8 extra vehicles trying to pull out onto Westfields at this point would create hazards for traffic using using Westfields as a link in either directionrdquo In addition to road traffic the neighbour is concerned about the safety of pedestrians and local school children

Development Control Committee 86 of 100 Date printed 9 November 2011

44 Westfields Objection It is believed that this proposal would cause numerous problems to local residents including the loss of privacy and a cramped form of development The neighbourrsquos major concern is that the proposed entranceexit to this development is to be situated on a busy corner in which the neighbour considers dangerous and will impact on parking by existing residents and increase traffic especially during development

46 Westfields Objection ldquoThe main basis for this Objection is the impact this proposal will have on traffic flows and road safety along with the assertion by the proponent of the scheme that Easton on the Hill is a lsquoSustainable Communityrsquordquo The other concerns are summarised below

bull Traffic ndash The neighbour notes that a Traffic Audit has been submitted to provide some information on the current traffic flows along Westfields However the neighbour comments that this was conducted over one weekday and only between the hours of 10am and 2pm ldquoThe traffic survey did not cover commuter traffic ie those people driving to and from work and did not cover any weekend period at allrdquo The neighbour requests the Council to consider whether this survey is adequate to inform decision making

bull The cumulative impact from the proposed development with other developments in the vicinity on traffic and road safety

bull The proximity of the proposed access to the road bend and reduced visibility for drivers The development increases the risk of accidents to other road users and pedestrians in particular school children and young people

bull No33 currently has two entrances which they can use The parking of vehicles outside would obstruct both entrances

bull The neighbour is concerned that public parking would be restricted along this stretch of Westfields ie by the imposition of double yellow lines and considers this to be detrimental to the other residents and visitors

bull The neighbour considers the idea of lsquosustainable communityrsquo to be questionable as the new residents of the development will also use cars

bull The neighbour refers to Policy 2 of the RNOTP and questions whether the existing local services ie shops and schools would cope with the extra demand

bull The proposal increases the density of dwellings on the same area of land

48 Westfields Concerns are raised about the highway impact of the development ldquoAlready traffic comes down from The Crescent onto Westfieldrsquos (which is quite a sharp corner) as far too fast a speedrdquo and the damage caused to parking cars by the moving traffic The neighbour advises that the playing field already generate a lot of traffic In addition the neighbour is concerned about sewerage problems

3 The Crescent The neighbour advises that there is already a parking problem in the area where the roads are congested The submitted Traffic Survery does not take into account the busiest times of the day and pedestrian movement Concerns are raised on how emergency services will access the properties In addition the neighbour comments that there are already vacant houses for purchase in the recent development on Porters Lane and the submitted plans do not identify this development The submitted pictures shows no cars parked opposite the entrance and regularly there are at least 3 cars parked

16 The Crescent Objection Concerns raised on traffic from the farm The Close Western Avenue and Porters Lane and the danger on children who play in the area in the evenings

Development Control Committee 87 of 100 Date printed 9 November 2011

22 The Crescent Objection Concerns raised on traffic from local residents cricket club football field local shops and allotments and that the development would further increase traffic volume and harm local safety The access would adjoin onto Westfields at a corner which is currently unsafe and would increase the likelihood of accidents In the winter months the road is not gritted there have been accidents in the past and the proposed access road would increase danger to local residents

23 The Crescent no objection providing the houses are as stated in the application of two storey (ground and first floor) houses and not three storey town houses objection otherwise

14 Western Avenue The neighbour comments that the proposed driveway would be close to the road corner and the road corner is also the junction with the access lane to the local playing fields used by pedestrians children sports people and farm vehicles The allotments are also at this junction and there is currently no parking for the allotments These properties are considered to generate 15 cars and the neighbour questions whether this driveway can be considered a reasonable access In addition concerns have been raised on emergency vehicle access rubbish collection ldquoA single driveway would mean congestion on Westfields and The Cresent when a car wants to turn in if one was on the drive waiting to come outrdquo The traffic survey carried out for the times between 10am and 2pm hardly shows average usage ldquoCars that have been to the Post Office at the bottom of Westfields use the junction area as a turning point to go back down Westfields rather than go round The Crescent and Western Avenuerdquo ldquoWould the type of house being built actually be of benefit to the village there are still properties of this type for sale in the development on Porters Lane yet affordable housing for the village is required to either bring families into the village that will use the village school or provide single-storey accommodation for the elderlyrdquo The traffic from the recent development of 10 houses and other local traffic will need to be taken into consideration Parking is already a problem in the area as there is limited off-road parking and Westfields is particularly difficult to drive down because of the on-street parking

34 Western Avenue Objection The reasons are summarised below

bull Visual impact and in particular the spacious and rural appearance of the estate and the development would be a dominant feature

bull The development would be cramped and overdeveloped bull Plot 4 will overlook directly on the neighbours property and garden and affect the

neighbourrsquos view of the lsquorural aspectrsquo bull Loss of privacy ndash There is currently not a row of trees to the neighbouring boundary

Any trees planted would be so close to cause light problems to Plot 4 as this would be on the southern side of the property

bull Loss of light and overbearing from Plot 4 bull Harm to existing trees in particular the proposed driveway would impact on the tree

roots bull The tree canopies shown on the submitted drawing are inaccurate as they spread over

the boundary more significantly The existing vegetation is misinterpreted as trees bull Highway impact ndash The existing roads are narrow and care has to be taken with regard

to parked vehicles and oncoming traffic The submitted traffic survey was taken between 10am and 2pm but the village store and post office open between 7am and 7pm ldquoIn the mornings Porters Lane Western Avenue The Cresent and Westfields is used as a loop to drive to this shoprdquo and the traffic survey has not taken into account the 10 new houses built further down the road ndash estimated at being between 20 and 30 extra vehicles In addition the neighbour refers to the corner where Westfields and The Cresent meet and the traffic issues associated with the football pitch playing fields cricket club farm vehicles and allotments

bull Parking ndash would be a problem within the site there will be insufficient turningmanoeuvring space for vehicles to exit the site

Development Control Committee 88 of 100 Date printed 9 November 2011

bull Refuse ndash there are likely to be refuse problems as refuse lorries will not enter the site and refuse and recycling containers will have to be taken out to Westfields by the future occupiers

36 Western Avenue Objection

bull The access road to the development is situated close to the corner of Westfields and The Cresent and is unsafe and would increase the likelihood of accidents The proposal would intensify the use of the existing access from one to five and the visibility in the west direction is inadequate

bull The development would increase on-street parking where the existing road is narrow and has vehicles parked on both sides

bull Plot 4 would be positioned close to No34 and 36 Western Avenue and would be intrusive ldquoThe plan indicates trees directly behind plot 4 which are none existent only a low hedge existsrdquo

bull The neighbour is also concerned about noise due to the increase of vehicular movements and intensification of use of the site

bull The neighbour considers that the proposal would have an adverse affect on the character and appearance of the area would be a cramped form of backland development and would be over development of the site

bull Concerns have also been raised on the impact on nature conservation loss of wildlife habitat and loss of valuable green space within the estate

62 Parish Town Council objection ldquoon grounds that the access to the development proposal would be dangerousrdquo

63 Northamptonshire Crime Prevention Officer no objections subject to Northamptonshire Police being consulted on the full details during the submission of the Reserved Matters and in particular on the lighting scheme for the site The Crime Prevention Officer advises that Policy 13(b) of the Northamptonshire CSS states that ldquoSeek to Design out antisocial behaviour crime and reduce fear of crime by applying the principles of the Secured by Design Schemersquo and the Planning Out Crime in Northamptonshire SPG should be applied to the consideration of this application In addition the Crime Prevention Officer recommends that the homes should be built to attain the ACPO SBD Ltd ldquoSecured by Designrdquo award

64 Local Highway Authority The Highway Officer initially raised concerns that the visibility splay shown on the submitted drawing for the western side of the access was incorrect as third party ownership may prevent the implementation of the splays An amended drawing was later received to address the Local Highway Authorityrsquos concerns and the Local Highway Authority is now satisfied that sufficient information has been submitted to demonstrate that a vehicular access can be constructed in this location in accordance with the NCCrsquos adopted standards (see below for full details of recommendations)

65 Housing Strategy ldquoHousing Strategy does not support this application as the proposed type of housing will provide larger family dwellings and the need in the area is for smaller properties The provision of two bedroom houses for couples families or two bedroom bungalows for older people would be more appropriate Easton on the Hill has the highest percentage of older people in the District and the majority of these are owner occupiers The provision of bungalows would also mean less traffic congestion which seems to be a concernrdquo

Development Control Committee 89 of 100 Date printed 9 November 2011

7 Evaluation

71 The following issues are relevant to the determination of this application

72 Principle of Development

721 PPS1 and PPS3 encourage the reuse of previously developed land and bearing in mind the sitersquos location within an existing settlement and a primarily residential area it is considered that the principle of residential development is acceptable

722 Easton on the Hill is classified as a lsquoCategory A Network Villagersquo in the Rural North Oundle and Thrapston Plan where there is scope for windfall development providing the development satisfies other criterias set in Policy 2 in terms of scale siting design has a satisfactory means of access and does not adversely affect the surrounding environment

723 Furthermore the principle of residential development to the rear of the properties along Westfields is already established by the recent development granted for 10 housing units to the rear of Nos9 to 21 Westfields under reference EN0800284FUL on 11062008 Therefore providing the development satisfies all other planning considerations (as listed above) it would be difficult for the Council to resist the development

73 Visual Impact

731 The application is in outline full details of the external appearance of the dwellings including their size positions and layout would be subject to a separate application and would be considered at the Reserved Matter stage

732 Whilst the application is in outline a layout plan has been submitted to provide an indicative illustration of the layout of the development and information has been provided by the agent to confirm the maximum scale parameters of the dwellings

733 In terms of layout it is considered that a housing scheme can be accommodated without detracting from the grain of surrounding development This is given that that the properties along Westfield follow a vertical pattern of development and the properties along The Crescent (to the west of the site) follow a horizontal pattern of development In addition whilst the properties along Westfields (that back onto the site) are located on more spacious plots and have longer and larger rear gardens the gardens of the properties along Western Avenue and some of those along The Crescent have much shorter and smaller gardens Given the surrounding mixture of garden layout and sizes it is considered that the development can potentially be accommodated without resulting detriment to the surrounding pattern of development and can be laid out without appearing too cramped

734 In terms of the height of the development a two-storey house measures approximately 8 metres in height to the ridge and the maximum height specified for the dwellings is between 85 to 10 metres in height The proposal is to have two-storey housing development with second floor accommodation provided in the roof and the maximum eaves height parameters of 50 to 55 metres stated by the agent would reflect this Given that the surrounding development is mainly two-storeys high and the fact that the dwellings would be barely visible from the main road it is considered that there will be no significant visual impact from this proposal

Development Control Committee 90 of 100 Date printed 9 November 2011

735 Based on the submitted information it is considered that the dwellings can be accommodated on this site without resulting harm to the character and appearance of the area A condition to require that the dwellings be two-storeys high and have a maximum ridge height of 100 metres (55 to the eaves) however is recommended in the interests of the character and appearance of the area to preserve neighbour amenity and to ensure that the development is carried out in accordance with the submitted proposals

736 Comments were received from neighbours raising concerns that the development would result in the loss of valuable open green space which lies to the rear of the properties The site currently forms the private rear gardens of Nos31 and 33 Westfields and given that this space is mostly concealed away and is not visible from public viewpoints it is considered that this space does not offer sufficient amenity value and therefore there is insufficient justification for the Council to prevent development on the site

74 Neighbouring Amenity

741 The submitted indicative layout plan demonstrates that the dwellings can be positioned within the site without resulting in an undue overbearing overshadowing or overlooking effect upon the occupiers in the residential properties nearest to the site including numbers 31 and 33 Westfields numbers 1 3 17 19 21 23 The Crescent and numbers 38 36 and 34 and 32 Western Avenue

742 The neighbouring buildings numbers 31 and 33 Westfields are positioned over 20 metres away from the northern boundary of the site Numbers 13 17 19 21 23 The Crescent are positioned approximately 28 metres away from the western boundary of the site and numbers 38 36 and 34 are positioned 20m metres away from the southern boundary of the site Whilst No32 Western Avenue is positioned approximately 14 metres away from the boundary of the application site this neighbouring property and rear garden area are positioned at an oblique angle to the site In addition the building shown south of Plot 3 on the submitted plan is a single-storey garage with openings in the eastern side

743 Whilst the exact positions of the proposed dwellings are unknown in this application for outline planning permission the dwellings are likely to be positioned within the site away from the boundaries and this is likely to further increase the front-to-front or back-to-back distance between the dwellings erected on the site and the existing surrounding houses A front-to-front or back-to-back distance of between 17 and 20 metres is normally sufficient to prevent any significant overlooking overbearing or overshadowing between buildings and would be sufficient in this case given the levels are relatively consistent within the site and with the surrounding properties

744 In terms of the impact on No32 Western Avenue the indicative position of Plot 4 shown on the submitted layout plan would demonstrate that a dwelling can be positioned at a minimum distance of 18 metres away from the rear of No32 Western Avenue Whilst this distance and the oblique angle between the Plot and the neighbouring property is sufficient to prevent undue overlooking and overbearing between the properties this distance can be extended if Plot 4 is positioned further within the site and is a matter than can be considered in the Reserved Matters

745 In terms of the impact on the garage located at the rear of No38 Western Avenue given that this building is single-storey in height no more overshadowing or overbearing impact is likely to result on this building than if 20 metre high fencing is erected along the boundary Furthermore adequate boundary screening would help to preserve the privacy of the neighbourrsquos garden

Development Control Committee 91 of 100 Date printed 9 November 2011

746 All other surrounding dwellings will be positioned further away and will be remain sufficiently physically removed and hence will not be adversely affected

747 Whilst some neighbours along Western Avenue have raised concerns that the boundary screening to the southern boundary of the site are inaccurately shown on the submitted drawing full details of boundary screening a survey of existing trees and landscaping can be requested by condition and this is a matter that can be considered at the Reserved Matters Therefore conditions have been recommended accordingly

748 In addition concerns have been raised by neighbours that the proposed access would result in undue noise disturbance due to increase in vehicular movements and intensification of use of the site The properties located immediately adjacent to the access are No1 The Crescent and No33 Westfields Given that the access is already in use by the occupants at No33 Westfields and the nature of the proposed development (for residential use of four units) it is considered that there are unlikely to be significant noise issues from this proposal and any noise resulting from traffic during development is likely to be temporary

749 Overall the impact on neighbouring amenities is considered insufficient to warrant the refusal of planning permission on this outline planning application

75 Highway Impact

751 Concerns were raised by local residents about the impact of the development upon highway safety The concerns primarily relate to the cumulative impact of the development with the existing traffic and parking associated with the local recreational ground allotments farm track local shop the scheme already approved for the 10 dwellings on the site nearby the location of the access to the bend and the access and turning arrangements to and within the site which were described to be narrow and inadequate In particular surrounding residents were concerned about the safety of pedestrian users including school children

752 Again Members are reminded that precise details of the vehicular access is a matter reserved for consideration as part of the Reserved Matters application all that needs to be considered in this outline application is whether the applicant has satisfactorily demonstrated that a vehicular access can be accommodated within the site to serve the proposed development to the Highway Authority standards

753 The Local Highway Authority (NCC) would usually require a shared access to measure 45 metres to allow emerging drivers to pass without conflict and the indicative layout plan shows that a shared access can be accommodated within the site which meets the NCC standards In addition the Local Highway Authority has advised that in order for an access to be acceptable in the location shown pedestrian visibility splays of 20 metres x 20 metres would need to be provided on both sides of the access and in terms of vehicular visibility splays sight lines of at least 430 metres x 430 metres (measured 20 metres back along the centre line of the proposed junction) would be required

754 Following the Highway Authorityrsquos concerns that the western side of the access had been detailed incorrectly (as this falls outside of the applicantrsquos ownership) revised details have been submitted to show visibility splays which falls within the site boundary In addition the vehicular visibility splay in the westerly directly has been extended to 450 metres to improve visibility in that direction for on-coming vehicles

Development Control Committee 92 of 100 Date printed 9 November 2011

755 Overall the Local Highway Authority has no objections to the proposal and is satisfied that a vehicular access can be provided within the site that would meet the NCC requirements In terms of conditions the Local Highway Authority has requested conditions to require (1) details be submitted to show the surface water side inlet gully relocated and installed a minimum of 10m sideway clearance from the shared vehicular access to point of discharge (2) adequate surface water drainage be provided to prevent the unregulated discharge of water onto the highway (3) that the first 50 metres of the vehicular access be hard surfaced and (4) that the first five metres of the access remains un-gated Such conditions and conditions on visibility are recommended accordingly in the interest of maintaining the safety of pedestrians and the safety of other highway users

756 The Highway Officer has considered the Traffic Survey submitted with the application and has advised that a survey of vehicular movements outside of busy hours is necessary for the collection of data which is intended to monitor the maximum speed of traffic In particular the Officer comments ldquoStopping Sight Distances is determined by the 85tile speed of traffic which determines the minimum distance emerging drivers are required to be available to assist whilst emerging from the shared driveway Noting the horizontal alignment and parked vehicles within the street the submitted data would appear to be appropriate for this particular layoutrdquo To summarise the Officer has taken into account the speed of traffic and the minimum distance necessary for vehicles exiting in this location to see on-coming traffic and noting the parking layout of vehicles along the street the submitted Traffic Survey would appear to be appropriate

757 In addition the Highway Officer was requested to consider whether roadway improvement works would be necessary for the section of road which runs between Westfields and The Crescent On this matter the Highway Officer advised that ldquoWith the proposed development of 4 dwellings I would not anticipate off site accommodation works although the applicant may wish to promote the change of priority to assist with reducing the traffic speed even further This in turn may help with the overall flow of traffic throughout the complete 24hour periodrdquo Overall the Highway Officer does not consider that the proposed development would have an adverse affect on the surrounding roads to the extent that would justify highway improvements and therefore it would appear unreasonable for the Council to request for these improvements This is given the overall scale and nature of the development

758 In terms of parking many of the properties along Westfields have off-road parking provided within the front garden curtilage In addition on-street parking is available in between vehicular access points along the street The proposed development comprising of four detached residential units is likely to generate the need for approximately 8 parking spaces (2 parking spaces per unit) The indicative layout shows single garage parking and driveways which allow parking for two vehicles to serve each property As the indicative layout has demonstrated that approximately 12 off-road parking spaces can be provided to serve the development (3 parking spaces per unit) it is considered that overall the submitted information has demonstrated that sufficient parking can be provided

759 The application site lies approximately 130 metres away from the scheme of 10 residential units granted on land to the rear of Nos9 to 21 Westfields Whilst both developments are located along Westfields they are located some distance away from each other and have different access arrangements Overall it is considered that each development would have to be considered individually in terms of its highway impact and on its own merits

Development Control Committee 93 of 100 Date printed 9 November 2011

7510 Overall it is considered that there will be no significant highway impact from this proposal and the impact on highway safety is insufficient to justify a refusal of planning permission on this application

76 Access for Emergency Vehicles and Refuse Storage and Collection

761 The indicative layout plan shows a shared access which meets the Local Highway Authority standards and this would sufficiently demonstrate that emergency vehicles would be able to gain access to the site

762 In terms of refuse collection the Local Highway Authority had initially commented that they would not wish to see refuse stored at the front of the site that would obstruct the vehicular access or public highway In response to the Local Highway Authorityrsquos concerns the amended drawings now show a section of the first 10 metres of the vehicular access widened to measure 58 metres in width and this would demonstrate that sufficient space can be provided at the front of the site for the storage of bins before collection without resulting obstruction to the access drive or public pavement

763 Due to the distance of the properties to the highway (some 70 metres) this means that the future occupiers would have to move their refuse to the front of the site near Westfields for collection ENC Waste Management would not be able to collect waste directly from the site as the distance recommended by ENC Waste Management for Waste Crews to travel to collect waste must not exceed 25 metres and the recommended distance for residents to travel to use bin stores should not be more than 30 metres Overall it is considered that the proposed refuse collection arrangements would be insufficient to justify the refusal of planning permission on this application

77 Drainage and Sewerage

771 Concerns were raised by some of the surrounding residents that the development would add strain on the existing drainage and sewerage systems and that the area experiences a low pressure problem Building Control and Environmental Protection were consulted on this matter and they have responded as follows

772 Building Control has advised that they were not aware of any drainage issues in the area In terms of the cumulative impact of the development with the development already granted for the 10 units on land to rear of Nos7 to 21 Westfields it is for the developer to liaise with Anglian Water to provide adequate drainage and sewerage facilities to serve the development and this may involve upgradingimproving the existing systems

773 Environmental Protection advises that they have checked through their records relating to drainage in the local area Whilst there have been some problems at individual properties ie where there have been breaks in pipes due to rats and problem with a blocked shared drain works were carried out by Anglian Water and the file was closed in March this year

774 Overall there are no apparent issues that would justify the refusal of planning permission However in order to ensure that satisfactory drainage systems are provided to serve the development a condition to require the submission of drainage details together with the other Reserved Matters details is recommended

78 Housing need in Easton on the Hill and whether existing local services would cope with demand

Development Control Committee 94 of 100 Date printed 9 November 2011

781 Housing Strategy has advised that there are approximately 500 houses in Easton on the Hill of which 82 are deemed affordable (14 are shared ownership and 68 are rented) For a development site of less than 028 hectares it is likely that market housing made up of smaller units would be needed ldquoThe Strategic Housing Market Assessment (SHMA) indicates that the need in the Fineshade Ward is for smaller dwellings which I would interpret as two bedroom properties Fineshade has in fact got one of the highest levels of under occupancy in the District which indicates that there are a lot of larger dwellings in the wardrdquo

782 Whilst the Housing Market Assessment suggests that there is a need for smaller units and Housing Strategy has suggested that bungalows would be a more appropriate type of housing for the local area it is considered that the proposed development comprising of medium sized detached units would be more in-keeping with the layout of housing and tenure found in the local area Overall it is considered that the lack of need for medium sizedlarger units would be insufficient to justify the refusal of planning permission on this application

782 Residents express concern that the development would increase demand on local services The number of dwellings proposed and size of the site falls below the threshold set out in our SPD in respect of developer contributions

79 Impact on nature and conservation

791 Whilst the proposal involves demolition of the existing garage located to the side of No33 Westfields this is a domestic garage that has been in use and therefore there are unlikely to be any bats or birds to be affected

710 Impact on trees

7101 Most of the vegetation bordering the site to the southern eastern and western boundaries consists of a mixture of trees and shrubs In particular a row of conifers lie along the northern part of the western boundary of the site and these are situated within the garden of the neighbouring property No1 The Crescent In order to ensure that the construction works for the access and dwellings can be carried out without affecting the existing trees located along the main boundaries of the site conditions requiring the submission of tree protection details and Arboricultural Method Statement details are recommended

7102 Whilst a few trees can be found located within the site these offer limited amenity value to the wider surrounding area Subject to most of the trees located along the main boundaries of the site being retained and that a landscaping scheme is provided it is considered that this would help to assimilate the development into the surrounding area and help to preserve neighbour amenity

8 Other issues

81 Amenity space -The submitted indicative layout would show that adequate amenity space could be provided to serve the dwellings In addition sufficient amounts of rear garden area would be left for the original properties Nos33 and 31 Westfields

82 Withdrawal of permitted development rights ndash In order to safeguard the amenity of the future occupiers of the dwellings and ensure the dwellings would not be unacceptably altered in the future (particularly in the roof) and to avoid detriment to the character and appearance of the area it is recommended that Class A B and C permitted development rights (relating to extensions and roof alterations) be withdrawn from the properties

Development Control Committee 95 of 100 Date printed 9 November 2011

83 Crime and Disorder - this application does not raise any significant issues as there would be mutual overlooking between the dwellings within the site and surrounding the site A condition however to require details of a scheme of lighting to be submitted is recommended to ensure that the access driveway is appropriately lit in the evenings

84 Access for Disabled ndash the buildings would not be subject to any public access and therefore does not raise any significant issues

9 Recommendation

91 That the application be GRANTED subject to the following conditions

10 ConditionsReasons -

1Approval of the details of the access siting scale and appearance of the building(s) and the landscaping of the site (hereinafter called ldquothe reserved mattersrdquo) shall be obtained from the local planning authority in writing before the development is commenced

Reason The application is in outline only and the reserved matters referred to will require full consideration by the Local Planning Authority

2Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

3The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved

Reason Statutory requirement under section 51 of the Planning and Compulsory Purchase Act 2004

4The details required to be submitted by condition No 1 shall include the provision of boundary screening to the site This shall include details indicating the positions height design materials and type of boundary treatment to be erected This boundary screening shall then be provided in accordance with the details so approved before the development is brought into use and shall be retained thereafter in perpetuity unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area

5The dwellings hereby approved shall be limited to a maximum height of two storeys only with rooms in the roof in accordance with the principles of the submitted design and access statement received on 20th July 2009 and agent email received on 26th October 2009 and shall have ridge heights not exceeding 100 metres and eave heights not exceeding 55 metres

Reason In the interests of the character and appearance of the street scene and amenities of the neighbouring occupiers

Development Control Committee 96 of 100 Date printed 9 November 2011

6The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include drawings showing the slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land The buildings shall there after be constructed in accordance with the details so approved in writing by the local planning authority unless otherwise agreed in writing by the Local Planning Authority

Reason For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings

7Before commencement of development details and samples of the external materials to be used for the construction of the dwellings shall have been submitted to and be approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority

Reason To achieve a satisfactory appearance for the development

8The details required to be submitted by Condition No 1 hereof shall include the provision of foul water and surface water drainage installations to serve the development proposed

Reason To safeguard public health and ensure that satisfactory foul and surface water drainage provisions are provided to serve the development

9The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include vehicular access details and pedestrian visibility splays of 20m x 20m and vehicular visibility splays of 430m x 430 metres (measured from a point 20 metres back along the centre line of the proposed junction) shall be provided on both sides of the vehicular access The areas of land between the required sight lines and the highway carriageway shall be cleared levelled and retained at a height not exceeding 06 metres above the carriageway and driveway levels

Reason In the interest of highway safety

10 Before commencement of development details shall be submitted to the Local Planning Authority to show the relocation and installation of the surface water side inlet gully and the gully shall have a minimum of 10m sideway clearance from the shared heavy duty vehicle access to the point of discharge The development shall thereafter be implemented in accordance with the details so approved in writing unless otherwise agreed in writing by the Local Planning Authority

Reason In the interest of highway safety

11Adequate surface water drainage system shall be provided to prevent the unregulated discharge of water onto the highway boundary and these measures shall be implemented before the development is brought into use

Reason In the interest of highway safety

12Before the development hereby permitted is commenced details of the construction and surfacing of the vehicular access to the public highway parking facilities and all other hard-surfaced areas within the site shall have been submitted to and approved by the local planning authority These facilities shall then be provided in accordance with the approved details before the first occupation of the development

Reason In the interest of highway safety and visual amenity

Development Control Committee 97 of 100 Date printed 9 November 2011

13The vehicular access shall have a gradient not exceeding 1 in 15 for a distance of 50 metres back from the correct level at the highway boundary Prior to the first occupation of the development hereby permitted this area shall be paved with a hard bound surface for a minimum of 50 metres back from the highway boundary and be thereafter retained

Reason In the interest of highway safety

14Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification) any gates or other form of barrier provided at the access point shall be positioned 50 metres back from the highway boundary and shall be hung to open inwards only

Reason In the interest of highway safety

15The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include a scheme of landscaping for the site The details shall include a plan at not less than 1500 showing the position species canopy spread and height of all trees within and adjacent to the site indicating those to be retained and those proposed for felling and planting The development shall thereafter be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development

Reason To ensure a reasonable standard of development and to avoid detriment to the amenity of the area

16Before commencement of development protection details for the on-site trees in particular the trees located along the western southern and eastern boundary of the site shall be submitted to and be approved in writing by the local planning authority These details shall be in accordance with BS58372005 and the development shall be implemented in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

17Before commencement of development an Arboricultural Method Statement shall be submitted to and be approved in writing by the local planning authority This statement shall be in accordance with BS58372005 and the development shall be carried out in accordance with the details so approved

Reason To ensure the protection of trees on site and to safeguard the amenity of the area

18Prior to the commencement of the development hereby permitted details of a scheme of lighting for the site shall be submitted to and approved by the local planning authority and the scheme shall thereafter be implemented and retained in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To minimize the opportunities for crime and fear for crime

19Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any Order amending or re-enacting that Order with or without modification) there shall be no development within Classes A B or C of Part 1 of Schedule 2 to that Order without the prior written approval of the Local Planning Authority

Development Control Committee 98 of 100 Date printed 9 November 2011

Reason To protect the amenity of adjacent occupiers to ensure a satisfactory elevational appearance for the development and ensure the development would not detract from the character and appearance of the area

20Notwithstanding the submitted details and before commencement of development hereby permitted a sustainable strategy shall be submitted to and be agreed in writing by the Local Planning Authority to demonstrate that the development would meet requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy and the development shall be implemented in accordance with the details so approved unless otherwise agreed in writing by the Local Planning Authority

Reason To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy

Informatives

1 The drawings to which this decision relates are as follows

Site location plan scale 12500 shown on drawing number SAS71902 and existing site plan drawing number SAS71901 received on 20th July 2009 drawing number SAS71902 Revision A received on 16th September 2009 Design and Access Statement received 20th July 2009 Sustainability Appraisal and Energy Statement received on 31st July 2009 Scott Architectural amp Interior Services letter received 16th September 2009 and Scott Architectural email received 26th October 2009

2 The reason for the above decision is because the development proposed accords with the Development Plan and other material considerations as required by Section 38(6) of the Planning and Compulsory Purchase Act 2004 In particular with

National Planning Policy Guidance PPS1ndash Sustainable Development PPS3 ndash Housing PPS9 - Biodiversity and Geological Conservation PPG13 ndash Transport

Regional Spatial Strategy 8 East Midlands Regional Plan March 2009 Policy 1 ndash Regional Core Objectives Policy 2 ndash Local Priorities for Development Policy 3 ndash Sustainability Criteria Policy 4 ndash Promoting Better Design Policy 5 ndash Concentrating Development in Urban Areas Policy 44 ndash Regional Traffic Growth Reduction Policy 47 ndash Regional Parking Standards

North Northamptonshire Core Spatial Strategy June 2008 Policy 1 ndash Strengthening the Network of Settlements Policy 7 ndash Delivering Housing Policy 9 ndash Distribution and Location of Development Policy 10 ndash Distribution of Housing Policy 13 ndash General Sustainable Development Principles Policy 14 ndash Energy Efficiency and Sustainable Construction

Development Control Committee 99 of 100 Date printed 9 November 2011

Rural North Oundle and Thrapston Plan (Emerging Policy) Policy 1 ndash Settlement Roles Policy 2 ndash Windfall Development in Settlements Policy 8 ndash Residential Parking Standards

Supplementary Planning Guidance Parking SPG March 2003

Planning Out Crime in Northamptonshire Feb 2004

Other Documents Highway Authority Standing Advice for Planning Authorities Working Draft July 2008Design SPD March 2009

Development Control Committee 100 of 100 Date printed 9 November 2011