DONCASTER METROPOLITAN BOROUGH COUNCIL

PLANNING COMMITTEE – 19th July 2011

Application 4.

Application Number:

10/03577/FULM Application Expiry Date:

22nd March 2011

Application Type:

Planning FULL Major

Proposal Description:

1. Full Planning Application for the development of a managed workspace building (Use Class B1(a)) and ancillary car parking, landscaping and access, together with the development of a park and ride facility comprising of 255 car parking spaces, bus turning facility, 2 bus shelters, lighting, CCTV, landscaping and access from Water Vole Way2. Outline Planning Application (approval being sought for access) for the development of a superstore (Use Class A1) with associated car parking, landscaping and access.

At: Zone E2 First Point Business Park Woodfield Way Balby Doncaster

For: Catesby Property Group Plc

Third Party Reps: 1 Parish:

Ward: Balby

Author of Report Mark Sewell

MAIN RECOMMENDATION: GRANT

1.0 Reason for Report

1.1 The application is being presented to the Planning Committee to address further points raised by an objector. The application was previously heard at the Planning Committee on the 17th May, where members were minded to approve the application subject to the signing of a s106 legal agreement, referral to the Central Planning Casework Unit and the lifting of the Highways Agency holding direction. An objection to the application was received before 17 June but was not made known to the case officer until 18 May. The letter raised further issues not previously considered by the Committee. It is prudent to again present the application to the Committee to address the further points and reconsider the application on the basis of the content of this report.

2.0 Proposal and Background

2.1 The submitted proposal is a hybrid planning application seeking;

1) full planning permission for the development of a managed workspace building (Use Class B1) and a park and ride facility comprising of 255 car parking spaces

2) outline planning permission with all matters reserved except for access, for the development of a superstore (Use Class A1) with associated petrol filling station, car parking, landscaping and access.

2.2 An Environmental Impact Assessment Screening Opinion was submitted prior to the application being lodged, it was determined that the proposal did not require an E.I.A.

2.3 The site itself is located to the southern side of Doncaster, on the western side of White Rose Way, which forms the main route from the M18 motorway into the town.

2.4 The application site forms part of a larger business park development known as First Point Business Park, comprising of approximately 45 hectares in total. The majority of the business park has already been developed for a mix of uses including office, storage and distribution warehouses, car dealerships, a hotel, pub and retail warehouse, although a number of plots remain vacant.

2.5 The development site is roughly rectangular in shape and is generally level and comprises of sparsely vegetated open land with some areas of hardstanding.

2.6 In detail, the proposed development comprises of three separate elements. Outline planning permission (with all matters reserved excepting access) is sought for the erection of a superstore (Use Class A1) of up to 8360 sq metres (gross external area). A petrol filling station, 616 car parking spaces, an access from Water Vole Way, a service yard with separate access and landscaping with ancillary works are also proposed within this part of the development.

2.7 Full planning permission is also being sought under the application, for the erection of a managed workspace building (Use Class B1(a)) with a gross external floor space of 3023 sq metres, 106 car parking spaces, landscaping and access from Water Vole Way. Also seeking full planning permission is the development of a park and ride facility comprising of 255 car parking spaces, bus turning facility, bus shelters, lighting, CCTV, landscaping and access from Water Vole Way.

3.0 Relevant Planning History

3.1 Outline planning permission was originally granted for the wider First Point Business Park site for B1, B2 and B8 uses in August 2004 (02/4454/P/OTLM). Following this, the business park was split into development zones referred to by a series of letters and numbers. The current application site is Zone E2.

3.2 A reserved matters approval was granted in March 2007 (ref 06/03392/REMM) for the development of Zone E2 for a warehouse building (Class B2 / B8) measuring 31,354 sq. m. The permission however was not implemented and lapsed on 20th August 2009. A further reserved matters application for the same development was granted in March 2010 (09/03015/REMM), which would be due to expire in August 2014.

3.3 Previous to this, 2 applications were lodged in 2004 and 2005 (04/6232/P and 05/1173/P) for outline planning permission for the erection of an A1 retail store for IKEA. Both applications were withdrawn before determination.

3.4 On the sites adjacent, full planning permission was granted for Zone E1 in September 2010 for 3 units (Use Class B1, B2 and B8) of 10,000 sq ft, 15,000 sq ft and 25,000 sq ft. Zone D2 has an outline planning permission for 6,500 sq m of B1 space of which there is a detailed consent for 2,009 sq m of offices which have yet to be developed.

3.5 Full planning permission was also granted in October 2010 for Zone A1 to the north of the application site for the development of a multi-use place of worship.

3.6 A planning application to the south of First Point Business Park on 70 hectares of land for the provision of up to 1600 new homes, community uses and the completion of the Woodfield Link road was recently supported by the Planning Committee. Planning permission for this development will be issued shortly upon signing a s106 legal agreement.

4.0 Representations

4.1 This application has been advertised in accordance with Circular 15/92, by way of site notice and an advertisement in the local press.

4.2 One letter of objection to the application has been received on behalf of Tesco’s. The main points raised relate to the impact of the proposed development upon the existing Tesco store and District Centre at Woodfield Plantation, the principle of the proposed development, and the retail methodology used by the applicants to justify their proposal.

4.3 A further letter of objection has been received from Berwin Leighton Paisner solicitors on behalf of Tesco. The letter raises 5 separate points of objection;

- Misrepresentation of retail policy. Under the guidance held within PPS4, proposals for new retail development should pass a sequential test, and that applications which secure sustainable growth should be supported. The objection states that as the proposal has not passed the sequential test, and furthermore is not considered to be in a sustainable location it should be refused. It is further added that the sequential test failed to identify the existing Tesco Woodfield Way site as a location for further retail floorspace.

- The second point raised is that of impact. The objection states that the consideration of the proposal contains an inadequate analysis of the proposal upon both existing stores and future investment, as well as upon the town centre. No evidence is provided for the need for a new store in this location.

- Regeneration benefits and enabling development. The objection states that there is no evidence that the application site is within an area deficient in either jobs or consumer choice, and that there is no evidence the jobs will be genuinely additional. It further states that the report offers no policy support for managed workspace facility, nor that subsidy from the superstore is required to deliver it. A similar argument is offered for the park and ride facility, in that there is no analysis within the report of the ability of the facility to meet the requirements of Policy T21, nor is there any package of measures within the proposals to deter town centre parking. It is also questioned whether the facility is sustainable and there is no evidence to show that that it would be able to operate once the subsidy ends.

- The fourth point of objection relates to emerging policy. The objection states that the application site is noted as better than average within the Employment Land Review, and that the Retail Study states that available retail expenditure should be directed towards the town centre. With no evidence in support of a reallocation of the site, it is premature to deal with this development through a planning application.

- The final point of objection queries whether an Environmental Impact Assessment should have been undertaken as part of the planning application. 5.0 Parish Council

5.1 No parish council.

6.0 Relevant Consultations

6.1 Environment Agency - no objections, suggested conditions6.2 Trees & Hedgerows - no objections, suggested condition6.3 Ecology - no objections, suggested conditions6.4 Yorkshire Water - no objections, suggested conditions6.5 Built Environment - no objections, suggested amendments. These have been incorporated into the scheme6.6 Potteric Carr IDB - no objections6.7 Internal Drainage Officer - no objections6.8 P.R.O.W. - no objections, observations6.9 SYPTE - no objections in principal, observations6.10 Highways Agency - issued Holding Direction on application pending details of s106 legal agreement being approved.

7.0 Relevant Policy and Strategic Context

7.1 Planning Policy StatementsPPS1 - Delivering Sustainable DevelopmentPPS4 - Planning for Sustainable Economic GrowthPPG13 – TransportPPS25 – Development and Flood Risk

7.2 Doncaster UDP (adopted 1998) forms part of the development plan. The site is within an allocated Strategic Employment Site, whereby Policy EMP1 is applicable. Given part of the proposed development consists of retail and commercial uses, Policy SH8 is also relevant. Other UDP policies are relevant to the consideration of the application and these will be addressed further on in the report.

7.3 The emerging Doncaster Local Development Framework Core Strategy forms part of the development. Policy 5 (Employment Strategy) and Policy 7 (Retail and Town Centres) will be referred to as part of the assessment. As part of the evidence base for the LDF the Council commissioned the Doncaster Retail Study 2010, this document is also a material consideration in the determination of this application.

8.0 Planning Issues and Discussion

8.1 This assessment will consider in more detail the main issues arising from this proposal.The current allocation of the site for employment uses.The proposed retail / commercial uses and the suitability of this site and the impact of the development upon more centrally located sitesThe traffic and highways issues arising from the proposalThe design and layout of the proposalSite specific issues relating to flooding and drainage, landscaping and trees and ecology

Employment Allocation

8.2 The application site is allocated as a Strategic Employment Site within the UDP under Policy EMP1. The policy states that such proposals on such sites for uses B1, B2 and B8 will generally be permitted. Proposals for other industrial, business or commercial uses will be considered on their merits in accordance with relevant plan policies. The site is also covered by Policy RP3, a regeneration policy covering the wider Woodfield Plantation area. Within this policy the application site has a preferred use for employment.

8.3 Policy EMP13 states that proposals for retail uses will not normally be permitted within Employment Policy Areas, unless it comprises a specialist retail use as defined by Policy EMP14, or is used to service the needs of the employment policy area workforce or where it is ancillary to the main use. On this basis the commercial / retail aspect of the proposal represents a departure from the adopted Unitary Development Plan.

PPS4 8.4 The Statement clarifies government policy on the role of planning in relation to economic development. It requires local planning authorities, through their local development frameworks, to take a more pro-active approach to encourage sustainable economic growth including support for expanding business sectors, and to make provision for the expansion and promotion of clusters or networks of knowledge-driven industries.

8.5 In considering applications for economic development, planning authorities should consider proposals favourably unless there is good reason that the social, economic or environmental costs outweigh the benefits. The consideration should take account of weighing market and economic information alongside environmental and social

information; look at the long term benefits including national and regional benefits and whether the proposals would help meet the wider objectives of the Local Development Framework. It also states that proposals which fail to meet high quality of design or don’t improve the quality of an area should not be accepted.

Doncaster UDP

8.6 The UDP sets out 3 sets of policy; general, strategic and detailed policies and 3 fundamental objectives.

One of the objectives is Economic Regeneration. This seeks to strengthen and diversify the economic base of Doncaster. This means promoting a variety of measures to regenerate the economies of former colliery towns and improving the strategic networks to provide strategic transport interchange facilities. It also seeks substantial improvements to the environment to sustain Doncaster as a place in which to invest and live in. This is to be achieved by new development making a positive contribution to the environment and protecting the countryside. Its third objective is the need to reduce social inequalities through focussing investment in areas of greatest deprivation and promoting job creation in areas of high unemployment.

8.7 Policies EMP1 and EMP13 generally restrict the range of uses on employment sites and sets out those uses which are not seen as appropriate in these areas, in this case it would relate to the proposed retail element of the proposal, as the managed workspace and park and ride are considered acceptable in principle.

8.8 If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise. In the light of the following policy documents the application has established other material considerations reasonable to justify allowing the development as a departure from EMP 1 and 13.

Doncaster Local Development Framework Core Strategy.

8.9 Policy 5 Employment Strategy states at 5c

"Employment sites will be retained for employment and will only be released for alternative uses where:

1 Insufficient demand can be demonstrated for employment uses over the plan period;2 A mixed use scheme offers net additional benefits;3 The use is appropriate in terms of scale and location and will not reduce the efficient operation of any adjacent employment land and;4 There is a clear community benefit."

The development complies with the requirements of this policy in the following ways.

Firstly, the length of time that land in this area has been sitting with planning permission for employment uses without sufficient interest and viability to be developed is one indicator. This is not an overwhelming reason in itself as this area remains a longer term

primary good quality employment area, but the retail use will subsidise the delivery of managed workspace with the prospect of creating renewed interest in development of this area at a time when interest is otherwise very low.

Secondly, the package of retail, managed workspace and park and ride creates the benefit of the latter that are unlikely to be developed independently of the former.

Thirdly, the retail element will not stymie any other employment land from developed for employment uses.

Finally, there is a clear community benefit in facilitating the provision of managed workspace and the park and ride without undermining investor confidence in delivering other development in and around the town centre.

8.10 In terms of land take, the overall development comprises of:

- 3,023 sq metres of managed workspace on 0.79 ha - Park and ride scheme linking to the town centre on 1.67 ha - 8,360 sq metres food superstore on 3.96 ha- Access works on 0.04 ha

8.11 These polices need to be considered together in the context of the changing nature of the area, recent developments in the area which are diversifying the types of uses and regeneration priorities expressed through the Economic Strategy. In addition the dualling of White Rose Way is a high priority for the council and will improve the prospects of development in Balby Carr, Lakeside and other areas of the town. The area of Balby Carr has been allocated for employment uses and has planning consents in place for business uses. Despite these, large scale development has not come forward and there are now new opportunities for beneficial alternative uses; park and ride scheme on 1.67ha and retail use on 3.96ha with managed workspace on 0.79ha. Implementation of the consent will see the loss of some employment land, in particular for a 32,400 sq .m warehouse granted planning consent in March 2007, however the Employment Land Assessment submitted with the application demonstrates that Doncaster borough has a quantitative surplus of employment land and premises against market requirements, both now and in the longer term.

8.12 The site is located in a UDP Mixed Use Regeneration Priority Area (RP3) where the objectives of the policy are to seek economic regeneration through the development of integrated development. The site is well located adjacent the main “gateway route” into Doncaster from the M18. The area has become attractive to development and permission has been granted for a range of uses including, retail, office, place of worship/conference centre, sales of motorbikes, petrol filling station and hotel use as well as workshops and warehousing. The site will link to the Carr Lodge proposed housing site and Woodfield Plantation housing site and to other areas of housing in Balby, some of which experience high levels of unemployment.

8.13 The applicant has marketed the site for more than 3 years and demonstrated that development is unlikely to come forward except potentially in the long term for compliant employment uses (i.e. B1, B2 or B8). Without deliverable development coming forward

and with the need for park and ride facilities, the managed workspace and increased retail spending supporting higher floorspace requirements in the borough, the use of the site has come under pressure for these alternative uses.

8.14 The key issue is; will the economic objectives of the scheme assist the regeneration of the borough? There are several points that need to be considered;- The Park and Ride facility will improve the environmental condition of the borough and improve sustainable accessibility to the town centre. The park and ride scheme will complement the improvement to White Rose Way and support access to the job opportunities in the town centre both now and in the longer term. The emerging Core Strategy identifies the need for a facility in the broad area of the application site. - The retail use will generate 352 jobs which will contribute to overall growth. - Whilst retail is not an employment use, there are currently no “allocated” sites identified for retail, hence any legitimate demand for retail will have to locate on non-retail land and this is most likely to be large employment sites which can accommodate the large footprints, albeit taking account of the requirements of PPS4. - PPS4 in respect of economic development requires a positive and constructive approach and requires them to be treated favourably. Whilst retail is considered an employment use, the superstore generates 352 jobs and the managed workspace apart from providing 178 jobs is important to stimulating business start up and foster entrepreneurs in the Doncaster, a key objective of the Council’s economic strategy. These benefits meet the policy EC11 of PPS4.

- The benefits of the scheme contribute to the objective of economic development set out in the UDP. In addition they meet the objectives of the emerging LDF Core Strategy in particular to be a pro-business borough which stimulates new sectors and tackles deprivation through job creation and training (Objective 2). - The site is located in an area of 98ha identified in the Employment Land Review as being average or better than average. Of this area, there is still 12.16 ha of vacant employment land should the proposal proceed, plus existing developed land that maybe more efficiently redeveloped.

- The site currently has planning permission for a distribution warehouse. However, there are 3 other large units that have been constructed in 2008 and only one of these has been recently let for a temporary period. It is therefore unlikely that the warehouse consent will be implemented for some considerable time due to market conditions and alternative sites and premises in South Yorkshire. The development of the warehouse would be expected to create 368 jobs (minus displacement). The proposals create 530 jobs in similar range of skills level which is similar number of jobs, but provided much sooner.

8.15 The loss of a single site of 5.63 ha of allocated employment land is significant; however, it may remain vacant for several years before it is developed. Retaining the site for possible future business development has to be compared against the immediate economic and regeneration benefits on this site situated within a gateway corridor into the borough; retail jobs, improved transport links into the town centre and a significant level of managed workspace provision which will be funded by the scheme.

One of the points of objection received relates to the fact that the application site has been identified within the Employment Land Review as “average or better than average” for employment uses, and that neither the Employment Land Review nor Retail Study call for

this site to be reallocated. It is contended that in the absence of any evidence in support of a reallocation of this site, it is premature to deal with the proposal through the planning application process. In response to this point, UDP policy EMP1 states that “proposals for other industrial, business or commercial uses will be considered on their merits, in accordance with relevant plan policies.” The criteria for releasing allocated Employment land for alternative uses within Policy 5 (Employment Strategy) of the LDF Core Strategy is also outlined at para 8.9 above. On this basis, the application is for one parcel of land within a wider allocated site, and as such it is reasonable to apply development plan policies which are applicable to the proposal within the context of a planning application. The justification for accepting the loss of one plot of allocated employment land for an alternative use has been made in the report and within the framework of the relevant development plan policies.

8.16 Overall, there are no sustainable reasons for not allowing this proportion of employment land being lost to retail subject to; clear managerial, educational and funding support arrangements in place for the operation of the managed workspace. The managed workspace proposal has been developed with the Success Doncaster Team and it is proposed that it will be managed by a company using ERDF and development funding for a period of 20 years. This will be secured through a s106 legal agreement. Town Centre Uses

8.17 PPS4 (Planning for Sustainable Economic Growth) contains policy for retail and other town centre uses together with wider economic development proposals, including employment uses. The main policy objective is the promotion of sustainable economic growth, together with the promotion of the town centre, improving economic performance and prosperity, promoting regeneration, tackling deprivation, reducing the need to travel and responding to climate change. Policy EC10.1 of PPS 4 states that;

‘Local planning authorities should adopt a positive and constructive approach towards planning applications for economic development. Planning applications that secure sustainable growth should be treated favourably.’

8.18 PPS4 promotes town centre uses towards existing centres in the first instance, but allows flexibility in choice of location away from such centres where relevant tests can be met. In this way, the vitality and viability of town centres is given priority, whilst acknowledging an overall positive approach to planning for economic development.

8.19 At a local policy level, the applicable policies within the Unitary Development Plan are SH1 and SH8. Policy SH1 is concerned with development in small town and district shopping centres, and gives support to a range of shopping and other town centre uses within the commercial policy areas of small town centres and district centres.

8.20 More pertinently, policy SH8 is concerned with proposals for major shop developments. This again supports such development within the commercial policy areas of town centres, and also sets out criteria for developments within other areas. These include;

- Vitality and viability of town centres as a whole are not affected- The development would not prevent the implementation of proposals for the redevelopment or expansion of centres

- Are accessible by non-car travel- Would not have an unacceptable impact upon the availability of employment land- No serious conflict with other UDP policies and proposals- No significant increase in car use.

8.21 As background, the Council have commissioned retail studies for the borough to establish how town centres are performing and identify whether there is need for additional floorspace. The Doncaster Retail Study 2010 by GVA Grimley shows that Doncaster has a generally healthy town centre, performing in accordance with its role as a Sub-Regional Shopping Centre. It is noted that the proportion of comparison goods floorspace and number of national multiple retailers are both above the national average and that the Market contributes substantially to the overall retail offer. It is noted however that the range and quality of convenience floorspace in the centre is weaker.

8.22 Doncaster does however have a strong network of major out of town centre superstores, comprising of two Asda’s, two Tesco’s, one Sainsbury’s and one Morrison’s, with a total of 25607 sq m of net floorspace and a combined turnover of £290m.

8.23 The initial key step in justifying such development outside of town centres is the application of a sequential test as promoted within PPS4 (policy EC15) to demonstrate that there are no other suitable sites closer to the town centre. The applicant has provided such a test with the application.

8.24 Policy EC14.3 of PPS4 states that a sequential assessment is required for planning applications for main town centre uses that are not in an existing centre. It is anticipated that the proposed store would draw most of its trade from the within the Doncaster urban area, and as such it is not considered appropriate for such an assessment in this case to look at sites outside of Doncaster. The sequential test originally provided by the applicants identified 9 potential sites, 7 of those being in or around Doncaster Town Centre, the other two being in Mexborough. These sites were discussed and agreed with Officers at pre-application stage. Subsequently the applicants have also included the Woodfield Plantation site, a nearby allocated District Centre, as part of the sequential assessment.

8.25 In providing a sequential assessment, the applicants are required to show that no other more sequentially preferable sites are appropriate, and to demonstrate why such sites are not practical alternatives in terms of their availability, suitability and viability. With regard to the sequential assessment provided officers do not agree with the assessment of the Marshgate or Waterfront sites. The Council’s information indicates that these sites are currently available, suitable and viable, and therefore we do not agree with the sequential test carried out by the applicant which states otherwise. These ‘Edge of Centre’ sites are sequentially preferable to the proposal site which is ‘Out of Centre’.

8.26 One point of objection raised was that the Sequential Assessment originally provided as part of the planning application did not include the potential for expansion of the existing Tesco or another store at nearby Woodfield Way, an allocated District Centre. As such the applicants have provided an addendum to the assessment to include this site. The centre is currently occupied by a large Tesco Extra store, 4 smaller attached shop units and a car park. The Council agrees with the applicants assessment of this site. It is stated that there was previously a refusal on the site for an extension to the existing store (3146 m2 net), on the grounds of its scale being inappropriate for the centre, and would

undermine the vitality and viability of neighbouring small towns and district centres. However, the decision was made in 2006, at which point there was different national retail policy in place, and the retail situation within the borough was different. On that basis alone, it would be inappropriate to dismiss the site alone on a previous refusal some 5 years ago. However, in assessing the suitability of the site, regard has to be had to the physical capacity for additional development of the scale proposed at Firstpoint, which has been accepted by the Council that retail capacity exists in the Borough. The site could physically accept an extension to the existing store, and indeed an application has been recently submitted for such a proposal. However, the site would not be able to accommodate a further store of the size proposed at Firstpoint, due in the main to having to provide substantial additional car parking to serve both stores. A multi level development may be possible with parking underneath, however this would raise design issues when viewed in the context of the immediate surroundings. On the basis of the physical constraints of the site, rather than its planning history, it is considered that the site would not be viable for a store of the size proposed, and can be discounted from the sequential assessment.

8.27 On the basis of the above, the applicants have carried out a sequential assessment of sites in accordance with Policy EC15 of PPS4. The development site is located in an out of centre site, and as such Policy EC17.1 of PPS4 is applicable in this case. It states:-

“Planning 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 requirements of the sequential approach; orb) there is clear evidence that the proposal is likely to lead to significant adverse impacts in terms of any one of impacts set out in policies EC10.2 and 16.1 (the impact assessment), taking account of the likely cumulative effect of recent permissions, developments under construction and completed developments.

On the basis that two of the sites within the sequential assessment are currently considered by the Council to be deliverable, the proposal does not comply with Policy EC17.1a, which says that under such circumstances planning permission should be refused.

EC17.1b requires an assessment of impacts. These impacts include emissions and climate change, accessibility, design, regeneration, employment (EC10.2) and the impacts upon investment in centres within the catchment area of the proposal, town centre vitality and viability, allocated sites outside of the town centre, and in terms of trade and turnover taking into account future consumer expenditure over the following 5 years (EC16.1)

8.28 Policy EC17.2 of PPS4 states that, “Where no significant adverse impacts have been identified, planning applications should be determined by taking account of the positive and negative impacts of the proposal, any other material considerations, and the likely cumulative effect of recent permissions, developments under construction and completed developments”

8.29 Further information has been submitted that demonstrates that if this supermarket were approved it would not preclude the prospects of other sites being developed in the future. This information demonstrates that should permission be granted there would still be between 4074sqm and 5642sqm capacity in Doncaster up to 2016. These figures take into account recently approved schemes in Thorne and Edenthorpe, and so update the capacity forecasts within the Retail Study. As such, it has been demonstrated that granting planning permission for a new superstore at First Point would not hinder the chances of more centrally located sites being developed in the future.

8.30 The impact of the proposed superstore upon existing retail centres must also be taken into consideration. The closest existing stores to the application site currently are the Asda store at the Dome Park, and the Tesco store on Woodfield Way. It is these two stores which the proposal would potentially divert the most trade from. An objection has been received on behalf of Tesco’s, part of which raises this issue. The applicants have provided a detailed impact assessment based on the Council’s Retail Study, which complies with the requirements of PPS4 and the associated Practice Guidance. This shows that the new store at First Point would potentially divert £12.7m per annum of turnover from the Tesco store, equivalent to 20.7%, and £15.4m per annum from the Asda store, equivalent to 19.7%. Whilst these are on the face of it substantial figures, the 2010 Doncaster Retail Study shows that both of these stores, as well as the other superstores in the Borough, are currently substantially overtrading, Tesco by £16.9m p.a. and Asda by £22.4m p.a. These figures are derived from published company average figures. On this basis, whilst there would be a substantial impact upon these stores, the fact that they are currently overtrading to such a degree, and predicted to continue, means that they would be able to absorb this level of competition. These two stores are also shown to be the best performing in the Borough. The objection on behalf of Tesco states that if these stores are overtrading, the appropriate place to meet the need would be through an extension to the existing Tesco store. As mentioned previously, an application to extend this store has recently been submitted, and the most recent Retail Study shows that the overtrading at this store would justify an extension in principal.

8.31 It has also been argued that no evidence of need for a store in this location has been provided with the application, however there is no requirement to assess need under current policy guidance, rather the impacts of a proposal.

8.32 In terms of the impact of the proposal upon the town centre, as the Retail Study states, the centre is relatively healthy and acts in the main as a destination for comparison goods. The existing out of town superstores have been operating for some time and have not had a significant adverse impact upon the health of the centre, and it is therefore not unreasonable to state that a new superstore at First Point would not have a detrimental impact upon the health of the town centre. In terms of the impact of the proposal upon convenience goods provision in the town centre, the main impact would be upon the Tesco store at Church View and the Sainsbury’s within the Frenchgate Centre, however this would be minimal, and would not cause such diversion of trade as to threaten the vitality and viability of the town centre. Part of the objection received on behalf of Tesco states that the potential loss of linked trips as a result of diverted trade has not been considered, which would harm the smaller traders within the town centre who rely upon the foodstores to bring people into the town. If anything, it is the foodstores within the

centre that benefit from linked trips, given that the Retail Study quite clearly shows that Doncaster Town Centre acts in the main as a destination for comparison goods, rather than convenience goods. The town centre is shown to be in a healthy state, and has not been detrimentally affected by the existing out of town superstores.

8.33 Overall, the application fully complies with Policy EC16.1 of PPS4 in terms of its impact upon both the vitality and viability of the town centre, and upon investment in centres within the catchment area of the proposal. The recently submitted application to extend the existing Tesco Woodfield Way store in part demonstrates this, as well as continuing known interest in retail developments in the area. The capacity figures shown within the latest Retail Study and updated by the applicants demonstrate ample capacity for future provision of floorspace over the next 5 years.

8.34The proposal is also considered to be acceptable in terms its compliance with the list of impacts set out within Policy EC10.2 of PPS4. The application has been submitted with a Renewable Energy Strategy which outlines the way in which the development will limit carbon dioxide emissions. A range of technologies have been identified as being viable for the development, including photovoltaics and ground source heat pumps, as well building design techniques to minimise the energy use of the building. As such it has been adequately demonstrated that the development would be able to meet the Council’s requirement for 10% renewable energy derived from on site sources. As the supermarket aspect of the application is in outline form, a condition is attached to ensure that these details are agreed.

8.35 In terms of the accessibility and transport impacts required to be met by Policy EC10.2, a Transport Assessment has been submitted with the planning application which concludes that the development would not have a detrimental impact upon the surrounding highways network. The Highways Agency has issued a holding direction on the application to ensure that provisions of the proposed Travel Plans are enforceable, but has raised no issue with the impact of the proposal upon the local road network. The proposal also includes the provision of a park and ride facility which will provide a sustainable link between both the application site and surrounding business park to Doncaster Town Centre. This facility also has the potential to improve transport links from the town centre to the future residential development to the south-west of the application site.

8.36 Policy EC10.2 also requires proposals to secure high quality and inclusive design. The assessment of the design issues is carried out more thoroughly further on in the report, and it is concluded that the development is acceptable to the Council in this regard.

8.37 The proposal also needs to be viewed in terms of impact upon local employment. Once fully completed, it is expected that approximately 500 people will work in the superstore and managed workspace, which will equate to around 300 net jobs created across a variety of skill levels. The Doncaster Local Economic Assessment (2010) shows that Doncaster suffers from pockets of severe deprivation, and is ranked 41st in a list of the most deprived areas in England (Index of Deprivation 2007). Furthermore, Doncaster’s economy in 2009 produced £850 million less than it would have done if it were an averagely productive British district. As such, economic performance and job creation is a recognised priority for the Council, and the proposed development will have a positive impact in this regard.

8.38 On this basis, the proposed development is acceptable in terms of its compliance with EC17.2, having regards to the impacts outlined in EC10.2 and EC16.1. The future retail capacity figures outlined in the Councils Retail Study, and knowledge of proposed future developments, also demonstrate that the proposal is acceptable in terms of the cumulative effect of recent permissions, developments under construction and completed developments.

8.39 At this point it has been established that the proposed development is not in compliance with the requirements of the sequential assessment approach as set out in Policy EC17.1a of PPS4. To support the application the main question is whether there is sufficient justification to override this non-compliance.

8.40 On the basis of this, the proposal has to be looked at in terms of its impacts upon existing centres as set out previously, and also the benefits it would bring forward. One of the Government’s stated objectives of PPS4 is to promote the vitality and viability of town and other centres as important places for communities. Whilst the retail element of this proposal does not achieve this objective there is sufficient evidence to be satisfied that it does not harm this objective either. It has already been established that the proposal would be compliant with the provisions of Policy EC10.2, in making a positive contribution to the reduction of carbon emissions, improving transport linkages and not causing problems for the local highway network, its design aspirations and also its impact upon job creation and the local economy. The impacts of the proposal when measured against EC17.2 are acceptable.

8.41 One of the points of objection raised is that no evidence is provided in connection with the benefits brought forward by the proposed park and ride facility and managed workspace building, nor that they cannot be delivered without the supermarket element of the proposal. A park and ride facility in this location has been identified by the SYPTE as part of a scheme called INTER8. This scheme is not likely to now come forward due to funding issues and SYPTE recognise that such a use could prove successful in this part of Doncaster. A park and ride facility at Junction 3 of the M18 was identified within SYPTE Strategic Park and Ride Study (2006), the purpose of which was to identify preferred sites across the South Yorkshire region for P&R facilities. Of a list of many potential sites across the region, this site was shown to be one of the preferred options and placed on a priority list for delivery within the report. Support is also given within the LDF Core Strategy, at Policy 9 E, which supports the provision of additional park and ride facilities. This is expanded upon within the supporting text, which specifically mentions a park and ride site at White Rose Way. As such, it is demonstrated that there has been a recognised need for this facility both at a regional level and also within the emerging LDF. The SYPTE have confirmed that funding is currently not available to bring this forward in the current economic climate, nor will the Local Authority have the means to bring the scheme forward unaided in the foreseeable future. As such one of the benefits of the overall scheme is the delivery of this facility which has been identified in policy terms as a key project, and is not likely to be delivered through traditional means. The obligations within the s106 agreement are being negotiated to ensure the continued long term funding and management of the facility.

8.42 The scheme will also deliver a managed workspace building, which will provide a range of serviced office suites designed to provide flexible office space for start up business and existing small businesses which require additional floor space. Flexible leasing arrangements and access to onsite services such as reception facilities and meeting spaces are also to be included. Evidence in Chapter 4 of Doncaster’s Economic Strategy and consultation with business and public sector stakeholders indicates two major issues for Doncaster regarding the availability of business premises: low supply of, and demand for premises; and a need for more start-up space in the town centre and local communities. This requirement is also echoed within the Council’s “Strategy to Overcome Workspace Barriers to Business and Entrepreneurial Development” report (2008), which also sets out a strategy to deliver such workspaces and address the current low supply. The current workspace offered in Doncaster therefore inhibits entrepreneurial potential. Development of appropriate business space will facilitate the growth of local businesses and attract inward investment. As mentioned previously, Doncaster’s economy in 2009 produced £850 million less than it would have done if it were an averagely productive British district. As such, economic performance and job creation is a recognised priority for the Council, and the proposed development will have a positive impact in this regard. The scheme is the beneficiary of ERDF funding, however this alone would be insufficient for the construction and running of the building, and as such further developer funding would be required to bring the scheme forward. The applicants have provided evidence to demonstrate the costs of the scheme, with the ERDF funding forming a relatively small proportion of the overall costs. The current financial situation means that the capability of raising funding for this as a standalone scheme through the banks or equity finance is small, and as such any funding would have to be developer led and met from the finances of the overall scheme. The continued operation as a serviced office building in perpetuity forms part of the s106 obligations also.

8.43 On this basis, the overall development will enable to bring forward two beneficial uses which have been identified in policy terms as an aim at both a local and regional level. Evidence has been provided to show that although the managed workspace building is the subject of ERDF funding, this alone represents a small proportion of the overall costs of delivering the scheme, and as such requires the cross funding from the overall development. Similarly, the P&R facility has long been identified to be delivered in this area of the borough. It is therefore reasonable to conclude that funding has not been available to deliver this facility, which has been confirmed by the SYPTE.

8.44 In addition, a written Ministerial Statement has recently been issued by the Government, setting out their ‘Planning for Growth Aspirations’, which outlines a number of considerations for Local Authorities to ensure that economic growth and employment are material considerations in determining planning applications.

"In determining applications, local planning authorities are obliged to have regard to all relevant considerations. They should ensure that they give appropriate weight to the need to support economic recovery, that applications that secure sustainable growth are treated favourably (consistent with policy in PPS4), and that they can give clear reasons for their decisions."

8.45 In assessing the application there are significant positive benefits of the scheme. These include significant local investment, the provision of a new retail facility which will increase consumer choice, competition and the range of goods available locally in an

accessible location. It will also deliver approximately 530 jobs over a range of sectors. Given the financial, employment and sustainability benefits of the proposal, it is in line with the current Ministerial Statement from Central Government given to Local Authorities.

8.46 One point of objection raised is that no evidence has been provided in terms of the surrounding area suffering from a deficiency of jobs or consumer choice. As previously stated, it is anticipated that the overall scheme will deliver in the order of 530 jobs. As of 2009, 5.5% of the working age population in Doncaster were claiming unemployment benefit, which is higher than both the average figures for South Yorkshire (4.4%) and England (3.5%), and the area is in the top 20% of most deprived local authorities in the country. The Economic Strategy for Doncaster (2008) aims to increase the working age employment rate in Doncaster to 80% in 2025. Improving Doncaster’s economy through increasing and diversifying business opportunities is also one of the elected Mayor’s stated priorities for the borough. On this basis, it is demonstrated that job creation is a recognised and stated goal for the Council. The applicants have provided a detailed breakdown of the number of jobs to be created, taking into account job displacement and other factors. Should the superstore be a relocated operator, the net total may be decreased, however the scheme as a whole would still bring about additional jobs, as well as the opportunity for start up business’ through the managed workspace building.

8.47 In terms of consumer choice, the removal of the needs test from previous national guidance has been recognised as leading to stifling of diversity and consumer choice. As such the need for a supermarket in this location does not need to be demonstrated, however the figures within the Retail Study clearly demonstrate that the closest stores are vastly overtrading, therefore showing a clear demand for greater provision and choice. The removal of the needs test is part of the overall policy approach in PPS4 which seeks to encourage rather than inhibit competition economic growth and consumer choice.

8.48 Another point of objection is the possibility of an existing in-centre store relocation to the application site, resulting in the loss of an important in-centre store and the benefits of linked trips that brings. In terms of the town centre, there are only two operators within the defined area. Firstly, Sainsburys located within the Frenchgate shopping centre. This store is a leased unit, operating in the main as a destination for top-up shopping. Should Sainsbury’s relocate, this unit would be available for another operator to come in, with no cost of having to build and an established town centre location. The other store is the Tesco at Church View. This store has recently received planning permission to be demolished and rebuilt with a larger floorspace, which demonstrates that the principle and demand for a larger store here has been accepted. As has also been established, it is the supermarkets in the town centre which benefit from linked trips to the convenience stores rather than the other way round, and as such the health and vitality of the town centre would not be compromised in the unlikely event of one of these two sites falling vacant.

8.49 In conclusion, whilst the Council may view that there are more sequentially preferable sites, on the whole the proposal is supported in retail terms. It has been adequately demonstrated that there is both capacity in the borough for further floorspace to be approved in the future if this development goes ahead, and that the impact in terms of trade diversion upon existing retailers and centres is insufficient to warrant refusal of this application. The scheme also brings wider benefits, in the form of a park and ride facility, the provision of which has been long identified by the South Yorkshire Passenger Transport Executive as an ambition in this location. Such a facility also aids the

sustainability and transport links to the site, which will also improve in the future as the Homes and Community Agency housing development at Woodfield Plantation is built out. A managed workspace facility is also part of the scheme, again for which there has been an identified need and which is supported by the Council’s Investment Team. Overall these benefits together with the absence of any significant harm to interests of acknowledged importance tilt the balance of this application firmly in its favour and outweigh the technical matter of not meeting the requirements of the sequential test and PPS4 policy EC17.1a.

8.50 A condition will also be imposed upon the decision to ensure that comparison goods will be limited to no more than 35% of the total sales floor area.

Design and Layout

8.51 The proposal is split into both an outline application with all matters reserved, except for means of access, encompassing the supermarket element, and a full application for the managed workspace building and park and ride. The outline element of the application does provide an indicative layout and design rationale. The indicative layout provides a clear framework for how the supermarket will finally be developed on the back of a subsequent reserved matters application, and it is key that the design principles are established at this stage. Policy SH1 of the Development Plan states that new supermarket development should be appropriate in scale and type to the particular location.

8.52 The character of the surrounding area has been established by development of the business park over the last 10 years. The character is predominantly of a modern out of town employment / business park, with large employment, distribution and retail buildings set within serviced plots landscaped at the edges with significant amounts of car parking. The architectural appearance is varied in the area, but there is some consistency between the recently developed employment uses, particularly the buildings at plots C1, E2 and B1. The proposed scheme is generally a continuation of this format of established ‘out of town’ development both in terms of layout and the architectural appearance of the proposed buildings.

8.53 The Design and Access Statement sets out the siting options that have been explored during the design evolution and explains the rationale behind the chosen approach. Normally it would be preferred for the supermarket to be located closer to Woodfield Way, to provide continuity and enclosure of this route. However, in this case it is agreed with the applicants that in order to maximise the potential benefits of the Park and Ride, this use should be located in the most accessible location possible. Another reason for the proposed siting of the supermarket and business units is the pedestrian link from Carr Lodge through the open space to the south west of the site. The proposed siting would enable direct and convenient pedestrian linkages through this area, and the applicants have shown this link on the illustrative layout and confirmed that a contribution will be made through a s106 legal agreement to improve this.

8.54 The height, form and massing of buildings is appropriate considering the context and will complement existing buildings to the north and the proposed religious centre on the adjacent plot to the east. The managed workspace building appears to be well designed and will have an attractive contemporary aesthetic which complements the general

architectural theme of the business park. Similarly the architectural approach for the supermarket is broadly welcomed. A contemporary, bespoke design for the supermarket based upon the principles established in the DAS will be sought.

8.55 One of the main issues in achieving a satisfactory finished development will be the quality of the public realm and landscaping within the scheme. This is especially important in this case with the large amount of hard surfaced car parking proposed. The submitted layout plan shows planting both along the site boundaries, as well as within the car parking areas, and the overall strategy appears sound. A condition will be imposed to ensure that these details are worked up further prior to any development commencing to ensure a satisfactory landscaping scheme within the development.

Highways and Traffic

8.56 The application has been accompanied by a Transport Assessment which has been assessed to consider the impact of this large development on the local transport network. The assessments have been considered by Highways Agency, Highways Development Control, Strategic Transportation Unit and South Yorkshire Passenger Transport Executive.

8.57 The Highways Agency have currently issued a Holding Direction on the application, which prevents the authority from issuing a decision until certain matters have been resolved, however discussions with the HA have got to the stage where they do not have any objections to the proposals. These issues relate to final agreement on the content of the travel plan and having sight of a substantially completed s106 legal agreement to ensure implementation of the travel plan. This is currently being worked on with a view to being submitted to the Highways Agency.

8.58 As part of the submitted Transport Assessment, it was concluded that off-site improvement works in the form of junction improvements on White Rose Way are to be undertaken. The costs of these improvements are to be secured through the section 106 legal agreement.

8.59 In terms of the principle of a new Park and Ride facility at this site, the South Yorkshire Passenger Transport Executive (SYPTE) have been consulted on the application. No objections to the facility in this location are raised by the SYPTE. Policy T21 of the UDP also lends support to such new facilities within the Borough.

8.60 The SYPTE Park and Ride Strategy identifies optimum sites within certain zones for such uses, and the application site is situated within the White Rose Way Zone. QUOTE A large strategic P&R site was identified within this zone as part of a scheme called INTEGR8. This scheme is not likely to now come forward due to funding issues, and although the P&R proposal part of this application is not of a sufficient scale to provide a strategic site, SYPTE recognise that such a use could prove successful in this part of Doncaster.

8.61 As part of the P&R proposals, the applicants have stated that the site will be served by a bus service on a 15 minute frequency. This service will be subsidised by the developer for a period of five years, incorporating 2 buses running every 15 minutes for 12 hours a day, 6 days per week. As part of the wider P&R scheme, a ticketing and barrier

system will be in place to ensure that the parking spaces are separated from the general superstore parking on the site. Real time passenger information will also be provided, as well as CCTV for security purposes. These range of measures are included within the heads of terms of a proposed s106 legal agreement which will be agreed and signed before any decision can be issued. It is envisaged that demand for the proposed bus service will also increase further as the adjacent Homes and Communities Agency housing development is built and occupied.

8.62 In addition to providing a contribution towards public transport as part of the scheme, the developers are also putting forward a contribution as part of a s106 legal agreement to be used for junction improvements on White Rose Way.

8.63 A range of measures relating to the provision of travel plans for both the superstore and managed workspace building are also covered within the legal agreement.

Other Issues

8.64 No other objections have been received from consultees over the application. The Environment Agency have requested conditions to be imposed concerning a range of issues, including ground condition and drainage arrangements. Similarly, Yorkshire Water have requested conditions be imposed concerning foul and surface water drainage.

8.65 No objections to the scheme have been received in terms of the proposed landscaping or impact upon trees, and a condition is suggested in this regards. The Council Ecologist has also been consulted as part of the application process, and again raises no objections to the scheme subject to conditions to ensure the implementation of an ecological enhancement plan.

Summary and Conclusion

9.1 On the basis of the above, the proposal is acceptable subject to the imposition of appropriate planning conditions and the signing of a s106 legal agreement covering the issues mentioned earlier in the report.

9.2 The application is allocated for Employment uses within a Mixed Use Regeneration Priority Area, and so the supermarket use proposed means that the application is a departure from UDP policies. However, as outlined within the report, it is acceptable to allow this use in this location. Retaining the site for possible future business development has to be compared against the immediate economic and regeneration benefits on this site situated within a gateway corridor into the borough; retail jobs, improved transport links into the town centre and a significant level of managed workspace provision which will be funded by the scheme.

9.3 Although the site is not the most sequentially preferable for a supermarket, and therefore not complying with PPS4 policy EC17.1a, information has been provided to demonstrate that there is ample retail floorspace capacity to ensure that the proposal would neither compromise the future development of sites closer to the town centre, nor have an overly detrimental impact upon existing retail provision in the area. The overall scheme would also deliver a park and ride facility in a location which has been identified by South Yorkshire Passenger Transport Executive for such use, so improving the

transport links to both the proposed development and the existing uses in the Balby Carr area. The managed workspace building is in accordance with the site allocation, and is also considered to be a positive form of development in this location. These benefits together with the absence of any significant harm to interests of acknowledged importance tilt the balance of this application firmly in its favour and outweigh the technical matter of not meeting the requirements of the sequential test and PPS4 policy EC17.1a.

9.4 The proposed overall development will offer a range of benefits outlined above, and will deliver additional jobs over a range of sectors. Given the financial, employment and sustainability benefits of the proposal, it is considered that the proposal is in line with the current steer from Central Government given to Local Authorities, and is accordingly recommended for approval subject to the signing of a s106 legal agreement and the imposition of appropriate planning conditions.

RECOMMENDATION – THAT THE COMMITTEE RESOLVE TO AUTHORISE THE HEAD OF DEVELOPMENT MANAGEMENT TO ISSUE A DECISION NOTICE TO GRANT PLANNING PERMISSION SUBJECT TO REFERRAL OF THE PLANNING APPLICATION TO THE NATIONAL PLANNING CASEWORK UNIT, AND A LEGAL AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) IS COMPLETED IN RELATION TO THE FOLLOWING MATTERS:

1. To provide a subsidy for the operation of a bus service for a period of 5 years2. A financial contribution towards the future provision of footpath link between the application site and the proposed Carr Lodge residential site.3. Implementation of a Travel Plan4. Financial contribution towards highway improvement works at White Rose Way

1. Full Planning Application for the development of a managed workspace building (Use Class B1(a)) and ancillary car parking, landscaping and access, together with the development of a park and ride facility comprising of 255 car parking spaces, bus turning facility, 2 bus shelters, lighting, CCTV, landscaping and access from Water Vole Way

01. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. REASONCondition required to be imposed by Section 91(as amended) of the Town and Country Planning Act 1990.

02. Before the development commences, samples of the proposed external materials to be used for the managed workspace buildings shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved materials.REASONTo ensure that the materials are appropriate to the area in accordance with policy ENV52 of the Doncaster Unitary Development Plan.

03. Before commencement of development, a detailed soft and hard landscape scheme, including boundary details shall be submitted to and approved in writing by the local planning authority in accordance with the landscape master plan dwg L02 rev C (unless an alternative scheme is agreed in writing with the Local Planning Authority). The landscape scheme shall provide details of species, siting, planting distances and programme of planting. Planting is to be carried out during the first available season after commencement of the development and shall thereafter be maintained in accordance with the detailed management arrangements to be submitted to and approved in writing by the Local Planning Authority. Any tree or shrub planted as part of the scheme which is removed or severely damaged or is found to be dying or seriously diseased within five years of planting shall be replaced within the next available planting season with a tree or shrub of a similar size and species to be agreed in writing by the Local Planning Authority. REASONTo ensure that a landscape/planting scheme is submitted and implemented in the interests of amenity.

04. No development shall take place in implementation of this permission until the applicant has submitted to and received approval thereto in writing from the local planning authority a report identifying how the predicted CO2 emissions from the development will be reduced by at least 10% through the use of on-site renewable energy equipment. The carbon savings, which result from this, will be above and beyond what is required to comply with Part L Building Regulations. Unless otherwise agreed in writing by the local planning authority, the development shall then proceed in accordance with the approved report. Before any dwelling is occupied or sold, the renewable energy equipment shall have been installed and the local planning authority shall be satisfied that the day-to-day operation of the equipment will provide energy for the development as long as the development remains in existence.REASONIn the interests of sustainability and to minimize the impact of the development on the effects of climate change.

05. No development or other operations shall commence on site in connection with the development hereby approved (including tree pruning, ground works, soil moving, or any operations involving the use of construction machinery) until a detailed Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in complete accordance with the approved Method Statement. The Method Statement shall be prepared by a competent arboriculturist in accordance with British Standards Institute 5837: Trees in relation to construction (2005) and the council’s Supplementary Planning Document ‘Planning for Trees and Hedgerows on Development Sites in Doncaster’ and shall include full details of the following:

- Methodology for any ground preparation or debris clearance within the Root Protection Areas of trees shown for retention

- Installation of a tree protection scheme - Siting of materials and plant storage areas and site cabins

- Specification for tree work- Indicative utility/drainage routes REASON To prevent damage to trees shown for retention on the Approved Plan

06. The development hereby permitted shall not be commenced until such time as a scheme to incorporate flood-proofing measures into the proposed development has been submitted to, and approved in writing by, the local planning authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.REASONTo reduce the impact of flooding on the proposed development and future occupants.

07. Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, 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 completed.

The scheme shall also include: Details of the holistic scheme, demonstrating that the 1 in 30 year and the 1 in 100 year are managed on site utilising SUDS features.Details of how the scheme shall be maintained and managed after completion.Details of any above ground flood flow routing if the system does not contain the 1 in 100 year plus climate change pluvial event.REASONTo prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage scheme.

08. No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being accepted and approved by the Local Planning Authority (LPA), unless otherwise approved in writing with the LPA.

a) The Phase I desktop study, site walkover and initial assessment must be submitted to the LPA for approval. Potential risks to human health, property (existing or proposed) including buildings, livestock, pets, crops, woodland, service lines and pipes, adjoining ground, groundwater, surface water, ecological systems, archaeological sites and ancient monuments must be considered. The Phase 1 shall include a full site history, details of a site walkover and initial risk assessment. The Phase 1 shall propose further Phase 2 site investigation and risk assessment works, if appropriate, based on the relevant information discovered during the initial Phase 1 assessment.

b) The Phase 2 site investigation and risk assessment, if appropriate, must be approved by the LPA prior to investigations commencing on site. The Phase 2 investigation shall include relevant soil, soil gas, surface and groundwater sampling and shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a quality assured sampling and analysis methodology and current best practice. All the investigative works and sampling on site, together with the results of analysis, and risk assessment to any receptors shall be submitted to the LPA for approval.

c) The Phase 3 remediation report shall be approved by the LPA prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation.

d) The approved Phase 3 remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The LPA must be given two weeks written notification of commencement of the remediation scheme works. If during the works, contamination is encountered which has not previously been identified, then all associated works shall cease until the additional contamination is fully assessed and an appropriate remediation scheme approved by the LPA.

e) Upon completion of the Phase 3 works, a Phase 4 verification report shall be submitted to and approved by the LPA. The verification report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the verification report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all verification data has been approved by the LPA.REASONTo secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to Planning Policy Statement 23 Planning and Pollution Control.

09. Should any unexpected significant contamination be encountered during development, all associated works shall cease and the Local Planning Authority (LPA) be notified in writing immediately. A Phase 3 remediation and Phase 4 verification report shall be submitted to the LPA for approval. The associated works shall not re-commence until the reports have been approved by the LPA. REASONTo secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to Planning Policy Statement 23 Planning and Pollution Control.

10. The development hereby permitted shall not be commenced until such time as a scheme to treat and remove suspended solids from surface water run-off during construction works has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.REASONTo protect the water environment from contamination bought on site during construction works.

11. The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul and surface water has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.REASONTo ensure that controlled waters are protected from contamination from the site.

12. Soakaways shall not be used within the proposed development until such time as soakaway testing has been completed, submitted, and accepted in writing by the relevant authority. Testing should be carried out as detailed in BRE Digest 365.REASONTo ensure the ground is suitable for soakaway drainage of surface water.

13. Piling using penetrative methods shall not be permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.REASONTo ensure the piling method does not introduce a pathway for the contaminants to migrate into controlled waters. The Agency request to review these details when they are submitted.

14. Prior to the occupation of the development, a Car Park Management Plan in accordance with section 10.3 of the approved Travel Plan shall be submitted to, approved in writing by the Local Planning Authority and thereby implemented.REASONTo ensure that adequate parking provision is retained on site and to comply with policy T15 of the Doncaster Unitary Development Plan.

15. There shall be a maximum of 106 parking spaces, of which at least 5 shall be solely for the use of registered disabled badge holders, at the managed workspace.REASONIn the interests of maintaining a sustainable and suitable provision of car parking to comply with policy T15 of the Doncaster Unitary Development Plan.

16. There shall be cycle parking provision for at least 20 bicycles at the managed workspace.REASONTo ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles and to comply with policy T43 of the Doncaster Unitary Development Plan.

17. Prior to the commencement of development, an ecological management plan shall be submitted to the local planning authority for approval in writing. This plan shall include details of how all the retained and created habitats on the site will be managed. The habitats shall thereafter be managed in accordance with the ecological management plan. REASONTo ensure the ecological interests of the site are maintained in accordance with policy ENV 43 of the Doncaster Unitary Development Plan.

18. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to and approved in writing by the local planning authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide for:

i) - the parking of vehicles of site operatives and visitors ii) - loading and unloading of plant and materials iii) - storage of plant and materials used in constructing the development iv) - the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v) - wheel washing facilities vi) - measures to control noise and the emission of dust and dirt during construction vii) - a scheme for recycling/disposing of waste resulting from demolition and construction works

REASONTo safeguard the living conditions of neighbouring residents and in the interests of highway safety.

19. The development hereby permitted must be carried out and completed entirely in accordance with the terms of this permission and the details shown on the approved plans and specifications. REASONTo ensure that the development is carried out in accordance with the application as approved.

02. Outline Planning Application (approval being sought for access) for the development of a superstore (Use Class A1) with associated car parking, landscaping and access.

20. The development to which this permission relates must be begun not later than whichever is the later of the following dates:- i) The expiration of three years from the date of this permission or ii) The expiration of two years from the final approval of the reserved matters or in the case of different dates the final approval of the last such matter to be approved. REASONCondition required to be imposed by Section 92 (as amended) of the Town and Country Planning Act 1990.

21. In the case of the reserved matters, application for approval must be made not later than the expiration of three years beginning with the date of this permission. REASONCondition required to be imposed by Section 92(as amended) of the Town and Country Planning Act 1990.

22. Approval of the details of the layout, scale, appearance and landscaping of the site (hereinafter referred to as reserved matters) shall be obtained from the Local Planning Authority before the commencement of any works. REASONThe application is in outline and no details having yet been furnished of the matters referred to in the outline they are reserved for subsequent approval by the Local Planning Authority.

23. The superstore hereby approved shall not be opened and operational until both the approved Managed Workspace building and Park and Ride facility have been constructed.REASONIn the interests of sustainable development and to ensure the full implementation of the development.

24. Before the development commences, samples of the proposed external materials shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved materials.REASONTo ensure that the materials are appropriate to the area in accordance with policy ENV52 of the Doncaster Unitary Development Plan.

25. Before commencement of development, a detailed soft and hard landscape scheme, including boundary details shall be submitted to and approved in writing by the local planning authority in accordance with the landscape master plan dwg L02 rev C (unless an alternative scheme is agreed in writing with the Local Planning Authority). The landscape scheme shall provide details of species, siting, planting distances and programme of planting. Planting is to be carried out during the first available season after commencement of the development and shall thereafter be maintained in accordance with the detailed management arrangements to be submitted to and approved in writing by the Local Planning Authority. Any tree or shrub planted as part of the scheme which is removed or severely damaged or is found to be dying or seriously diseased within five years of planting shall be replaced within the next available planting season with a tree or shrub of a similar size and species to be agreed in writing by the Local Planning Authority. REASONTo ensure that a landscape/planting scheme is submitted and implemented in the interests of amenity.

26. No development shall take place in implementation of this permission until the applicant has submitted to and received approval thereto in writing from the local planning authority a report identifying how the predicted CO2 emissions from the development will be reduced by at least 10% through the use of on-site renewable energy equipment. The carbon savings, which result from this, will be above and beyond what is required to comply with Part L Building Regulations. Unless otherwise agreed in writing by the local planning authority, the development shall then proceed in accordance with the approved report. Before any dwelling is occupied or sold, the renewable energy equipment shall have been installed and the local planning authority shall be satisfied that the day-to-day operation of the equipment will provide energy for the development as long as the development remains in existence.REASONIn the interests of sustainability and to minimize the impact of the development on the effects of climate change.

27. No development or other operations shall commence on site in connection with the development hereby approved (including tree pruning, ground works, soil moving, or any operations involving the use of construction machinery) until a detailed Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in complete accordance with the approved Method Statement. The Method Statement shall be prepared by a competent arboriculturist in accordance with British Standards Institute 5837: Trees in relation to construction (2005) and the council’s Supplementary Planning Document ‘Planning for Trees and Hedgerows on Development Sites in Doncaster’ and shall include full details of the following:

- Methodology for any ground preparation or debris clearance within the Root Protection Areas of trees shown for retention - Installation of a tree protection scheme - Siting of materials and plant storage areas and site cabins - Specification for tree work- Indicative utility/drainage routes

REASON To prevent damage to trees shown for retention on the Approved Plan

28. Prior to the commencement of development, schematic diagrams and in-depth method statements regarding the following shall be provided.

- Design of the oil storage tanks with regard to withstanding flotation and traffic loading.- Design of the oil storage tanks to withstand failure, including such measures as leak detection systems and double skinning. - Process of filling the tanks.- Systems in place to deal with accidental spills.

The method statements should include risk assessments to prove the efficacy of the system to be used against environmental damage. The statements should be reviewed and agreed in writing by the local planning authority.

REASONThe site is located over a principal aquifer and adequate protection for the water resource needs to be in place before development. Risk assessments are the best way to indicate the systems effectiveness.

29. No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being accepted and approved by the Local Planning Authority (LPA), unless otherwise approved in writing with the LPA.

a) The Phase I desktop study, site walkover and initial assessment must be submitted to the LPA for approval. Potential risks to human health, property (existing or proposed) including buildings, livestock, pets, crops, woodland, service lines and pipes, adjoining ground, groundwater, surface water, ecological systems, archaeological sites and ancient monuments must be considered. The Phase 1 shall include a full site history, details of a site walkover and initial risk assessment. The Phase 1 shall propose further Phase 2 site investigation and risk assessment works, if appropriate, based on the relevant information discovered during the initial Phase 1 assessment.

b) The Phase 2 site investigation and risk assessment, if appropriate, must be approved by the LPA prior to investigations commencing on site. The Phase 2 investigation shall include relevant soil, soil gas, surface and groundwater sampling and shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a quality assured sampling and analysis methodology and current best practice. All the investigative works and sampling on site, together with the results of analysis, and risk assessment to any receptors shall be submitted to the LPA for approval.

c) The Phase 3 remediation report shall be approved by the LPA prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters, the site must not qualify as contaminated land under Part 2A of the Environment Protection Act 1990 in relation to the intended use of the land after remediation.

d) The approved Phase 3 remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. The LPA must be given two weeks written notification of commencement of the remediation scheme works. If during the works, contamination is encountered which has not previously been identified, then all associated works shall cease until the additional contamination is fully assessed and an appropriate remediation scheme approved by the LPA.

e) Upon completion of the Phase 3 works, a Phase 4 verification report shall be submitted to and approved by the LPA. The verification report shall include details of the remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the verification report together with the necessary documentation detailing what waste materials have been removed from the site. The site shall not be brought into use until such time as all verification data has been approved by the LPA.

REASONTo secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to Planning Policy Statement 23 Planning and Pollution Control.

30. Should any unexpected significant contamination be encountered during development, all associated works shall cease and the Local Planning Authority (LPA) be notified in writing immediately. A Phase 3 remediation and Phase 4 verification report shall be submitted to the LPA for approval. The associated works shall not re-commence until the reports have been approved by the LPA. REASONTo secure the satisfactory development of the site in terms of human health and the wider environment and pursuant to Planning Policy Statement 23 Planning and Pollution Control.

31. The development hereby permitted shall not be commenced until such time as a scheme to treat and remove suspended solids from surface water run-off during construction works has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.REASONTo protect the water environment from contamination bought on site during construction works.

32. The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul and surface water has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

REASONTo ensure that controlled waters are protected from contamination from the site.

33. Soakaways shall not be used within the proposed development until such time as soakaway testing has been completed, submitted, and accepted in writing by the relevant authority. Testing should be carried out as detailed in BRE Digest 365.REASONTo ensure the ground is suitable for soakaway drainage of surface water.

34. Piling using penetrative methods shall not be permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.REASONTo ensure the piling method does not introduce a pathway for the contaminants to migrate into controlled waters. We request to review these details when they are submitted.

35. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) and the following mitigation measures detailed within the FRA: - Finished floor levels are set no lower than 5.2m above Ordnance Datum (AOD).REASONTo reduce the risk of flooding to the proposed development and future occupants

36. The development hereby permitted shall not be commenced until such time as a scheme to Incorporate flood-proofing measures into the proposed development has been submitted to, and approved in writing by, the local planning authority.

The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.REASONTo reduce the impact of flooding on the proposed development and future occupants.

37. Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, 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 completed.

The scheme shall also include: - Details of the holistic scheme, demonstrating that the 1 in 30 year and the 1 in 100 year are managed on site utilising SUDS features.- Details of how the scheme shall be maintained and managed after completion.- Details of any above ground flood flow routing if the system does not contain the 1 in 100 year plus climate change pluvial event.

REASONTo prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage scheme.

38. Prior to the occupation of the development, a Car Park Management Plan in accordance with section 10.3 of the approved Travel Plan shall be submitted to, approved in writing by the Local Planning Authority and thereby implemented.REASONTo ensure that adequate parking provision is retained on site and to comply with policy T15 of the Doncaster Unitary Development Plan.

39. There shall be a maximum of 616 parking spaces, of which at least 36 shall be solely for the use of registered disabled badge holders, at the approved superstoreREASON:In the interests of maintaining a sustainable and suitable provision of car parking to comply with policy T15 of the Doncaster Unitary Development Plan.

40. There shall be cycle parking provision for at least 40 bicycles at the approved superstore.REASONTo ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles and to comply with policy T43 of the Doncaster Unitary Development Plan.

41. Prior to the commencement of development, an ecological management plan shall be submitted to the local planning authority for approval in writing. This plan shall include details of how all the retained and created habitats on the site will be managed. The habitats shall thereafter be managed in accordance with the ecological management plan. REASONTo ensure the ecological interests of the site are maintained in accordance with policy ENV 43 of the Doncaster Unitary Development Plan.

42. No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to and approved in writing by the local planning authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide for:

i) - the parking of vehicles of site operatives and visitors ii) - loading and unloading of plant and materials iii) - storage of plant and materials used in constructing the development iv) - the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v) - wheel washing facilities vi) - measures to control noise and the emission of dust and dirt during construction vii) - a scheme for recycling/disposing of waste resulting from demolition and construction works

REASONTo safeguard the living conditions of neighbouring residents and in the interests of highway safety.

43. The development hereby permitted must be carried out and completed entirely in accordance with the terms of this permission and the details shown on the approved plans and specifications. REASONTo ensure that the development is carried out in accordance with the application as approved.

44. The sale of comparison goods (as defined in PPS4 as clothing, footwear, household and recreational goods) shall occupy not more than 35% of the total net retail sales floor area. REASONTo retain control over the future use of the development

Reasons(s) for Granting Planning Permission:

STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION

The Local Planning Authority has decided to grant planning permission:-

1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:

EMP1 - Strategic Employment SitesEMP13 - Retail Uses in Employment Policy AreasRP3 - Regeneration Policy Area - Woodfield PlantationSH1 - Commercial Policy Areas of Small Towns and District CentresSH8 - Major Shop DevelopmentENV52 - Design of New BuildingsENV60 - Landscaping in New DevelopmentsT5 - New Development and Traffic / HighwaysT15 - New Development and ParkingT21 - Park and Ride Facilities

Planning Policy Statement 1 – Delivering Sustainable DevelopmentPlanning Policy Statement 4 - Planning for Sustainable Economic GrowthPlanning Policy Guidance 13 – TransportPlanning Policy Statement 25 – Development and Flood Risk

2. For the following reasons:

Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed development is acceptable. In particular, the Local Planning Authority is of the view, whilst part of the proposed development (i.e. the superstore) is a departure from UDP policies, when taken together with advice in the relevant national planning policy guidance and other material considerations, there is sufficient evidence to justify development in this location. As outlined within the report, the overall scheme would also

deliver a park and ride facility in a location which has been identified by South Yorkshire Passenger Transport Executive for such use, so improving the transport links to both the proposed development and the existing uses in the Balby Carr area. In addition, the overall scheme would also deliver a managed workspace building in accordance with the site’s allocation, and which is also considered to be a positive form of development in this location meeting an identified need within the Borough. It is considered that the combined economic growth and transport infrastructure benefits which would be delivered by the proposed development are sufficient reasons to warrant approval of the application.

N.B. The foregoing Statement is a summary of the main considerations leading to the decision to grant permission. More detailed information may be obtained from the Planning Officer's Report and the application case file and associated documents, which may be inspected, by appointment, at the offices of the Development and Planning Service (for address see Decision Notice).

The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.

APPENDIX 1

The application site from roundabout on Woodfield Way

Another view from the Woodfield Way roundabout

View from Woodfield Way towards White Rose Way

Aerial photo of the application site and surrounding area

Appendix 2

The proposed site layout

Proposed elevations of the managed workspace building

Proposed elevations of the managed workspace building