Agenda item

Application for demolition of existing buildings and erection of a Class ‘E’ Foodstore, together with car parking access, services, and other associated works. (Major Development). Trent Titanium Ltd, Wreakes Lane, Dronfield.

 

(Planning Manager – Development Management)

 

The report to Committee explained that an Application had been submitted for the demolition of the existing buildings and the erection of a Class ‘E’ Foodstore, together with car parking, access, servicing and other associated works at Wreakes Lane, Dronfield. The Application had been referred to Planning Committee as it would be a Major Development of strategic importance.

 

Planning Committee was recommended to approve the Application, subject to conditions. The report to Committee explained the reasons for this.

 

Members heard that the site lay within the Wreakes Lane Employment Area, which had been designated as a Principal Employment Area for the District. Although officers recognised that placing a retail store there would be contrary to the Development Plan, they had concluded that this change of use would be justified, given the need to provide additional retail capacity in Dronfield. Members were informed that there were no technical objections to the scheme, which could not be overcome by imposing suitable conditions. No neighbouring properties would be adversely affected by the Development and it would not have an unacceptable impact on highway safety.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        

 

Committee heard that no one had registered to speak on the Application.

 

Committee considered the Application.  It took into account the sites location in a Principal Employment Area. It considered the local and national planning policies. These included Local Plan Policy SS2 on the provision of employment land, Local Plan Policy WC2, on the retention of District’s B-class employment base, Local Plan Policy WC4, on Retail Hierarchy and Town Centre uses. Committee also took into account the presumption within the National Planning Policy in favour of sustainable development to achieve a strong, competitive economy and to ensure the vitality of town centres, as well as the relevant policies of the Dronfield Neighbourhood Plan.

 

Members discussed the Application. They reflected on the benefits of using the site for a new retail store rather than retaining it for employment use. Members discussed the possible road traffic impact of the development. Some Members suggested that it would be appropriate for a ‘Pelican’ or ‘Puffin’ pedestrian crossing to be installed to help ensure road safety and felt that this should be a condition for approving the Application. The officers explained that this proposed condition could be raised with the Applicant. If the  additional condition was not agreed by them then the matter would be referred back to Committee for further consideration.

 

At the conclusion of the discussion Councillor D Cheetham and K Rouse moved and seconded a Motion to approve the Application, with a Delegation to the Planning Manager (Development Manager) to seek the installation of a Pelican or Puffin crossing to access the site at Wreakes Lane as an additional condition for approval. The Motion was put to the vote and was agreed.

 

RESOLVED -

 

That the Application be conditionally approved, in line with officer recommendations and subject to a Section 106 Agreement with the Developer and the agreement of an additional condition on the installation of a Pelican or Puffin pedestrian crossing to and from the site.

 

That the final wording of the Conditions and Section 106 Agreement be delegated to the Planning Manager (Development Management).

 

              S106 Heads of Terms

 

·         The Travel Plan monitoring fee is: £1,265.00 pa x five years, total   £6,325.00.

·         Bus taster tickets : 28 Day Stagecoach Silver Megarider 1 no. per employee at £72 each. Therefore for a total number of 40 employees this would be £2,880.00

S106 Total =           £9205

 

Conditions

 

1.    Applications for approval of reserved matters are required before development can start and shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.  The development hereby permitted shall be started within two years from the date of the approval of the last of the reserved matters to be approved.

 

To conform with Section 91 (1) of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

 

2.    Approval of the details of the appearance of the building(s) and the landscaping of the site (called the “reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is started. 

 

REASON: The application is made in outline only and to conform with section 92 (2) of the Town and Country Planning Act 1990 (as amended).

 

3.    The development hereby approved shall be carried out in accordance with the details shown on the following plans and documents:-

 

·         B035432-TTE-00-XX-PL-D-003 REV P03 Proposed Site Access General Arrangement with Additional Ametek Access.

·         Stage 1 Road Safety Audit

·         Flood Risk Assessment dated 11/10/2022

·         Framework Travel Plan revision 01 dated March 2023

·         Ecological Appraisal B029838 v1

·         Transport Assessment received 08/11/2022

·         7236 / 20 The Location Plan

·         7236 / 21 Proposed Site Plan

·         7236 / 22 Proposed plan and Roof Plan

·         7236/24 Section –Proposed

·         7236/25 Section – Proposed

·         Bat Survey

·         Design and Access Statement

·         Planning Statement

 

REASON: For clarity and the avoidance of doubt

 

Employment and Training    

 

4.    Before the development hereby approved commences, a scheme to enhance and maximise employment and training opportunities during the construction stage (and post construction stage) of the project, including a timetable for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall then be implemented in full in accordance with the approved timetable.’

 

Design, Character and Appearance

 

5.    The details included in the reserved matters shall include a a scheme for mitigating, climate change through the sustainable design and construction of the retail unit hereby approved, including the provision of sources of renewable energy shall be submitted to and approved in writing by the local Planning Authority. Thereafter the approved scheme shall be implemented in full prior to the first occupation of the retail unit and shall be retained as such thereafter. 

 

REASON: in the interests of mitigating climate change and in accordance with policies SS1, and SDC12. 

 

6.    Before any above ground construction starts details of the boundary treatments of the site shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme of boundary treatments shall be completed in full prior to the first operation of the retail unit hereby approved and shall be retained as such thereafter. 

 

REASON: In the interests of the appearance of the area and in accordance with policy SDC12 of the North East Derbyshire Local Plan.

 

7.    Before any above ground construction starts , a scheme for the provision of public art on the site including a timetable for implementation of the scheme shall be submitted to and approved in writing by the Local Planning Authority. The public art shall thereafter be completed in full in accordance with the approved scheme and timetable and shall be retained as such thereafter. 

 

REASON: In the interests of providing public art and in accordance with Policy SDC12 of the North East Derbyshire Local Plan.

 

8.    Prior to the first use of the building, hereby approved, a scheme for external CCTV coverage of all car parking and publicly accessible areas shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented in full prior to the first use of the building, hereby approved, and be retained as such thereafter. 

 

REASON: In the interests of crime prevention and the amenity of the area in accordance with policy SDC12 of the North East Derbyshire Local Plan. 

 

9.    Prior to the first use of the building details of the vehicular barrier to close off the site when the store is closed shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented in full prior to the first use of the building and be retained as such thereafter. 

 

REASON: In the interests of crime prevention and the amenity of the area in accordance with policy SDC12 of the North East Derbyshire Local Plan. 

 

Land Contamination and Ground Stability

 

10. Before the commencement of the development hereby approved the site investigation strategy as identified in the Desk Study report Ref E13429/1 submitted with the application shall be undertaken by a competent person in accordance with the current UK requirements for sampling and analysis.

 

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

 

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

 

REASON: To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters, including deep and shallow ground water in accordance with Policy SDC13 of the North East Derbyshire Local Plan. 

 

11.  No buildings hereby approved shall be occupied until:

 

a) The approved remediation works required by 10 above have been carried out in full in compliance with the approved methodology and best practice.

 

b) If during the construction and/or demolition works associated with the development hereby approved any suspected areas of contamination are discovered, then all works shall be suspended until the nature and extent of the contamination is assessed and a report submitted and approved in writing by the local planning authority and the local planning authority shall be notified as soon as is reasonably practicable of the discovery of any suspected areas of contamination. The suspect material shall be re-evaluated through the process described in the Phase I contaminated land assessment (desk-study) ref E13429/1submitted with the application and through the process described in 10 above.

c) Upon completion of the remediation works required by 10 above a validation report prepared by a competent person shall be submitted to and approved in writing by the local planning authority. The validation report shall include details of the remediation works and Quality Assurance/Quality Control results to show that the works have been carried out in full and in accordance with the approved methodology. Details of any validation sampling and analysis to show the site has achieved the approved remediation standard, together with the necessary waste management documentation shall be included.

 

REASON: To protect future occupiers of the development, buildings, structures/services, ecosystems and controlled waters, including deep and shallow ground water in accordance with Policy SDC13 of the North East Derbyshire Local Plan. 

 

12.  No development shall commence (excluding the demolition of existing structures and site clearance) until;

 

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

 

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

 

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

 

REASON: In order to ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework.

 

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

 

REASON: In order to ensure the safety and stability of the development, in accordance with paragraphs 183 and 184 of the National Planning Policy Framework.

 

Drainage

 

14.The development shall be carried out in accordance with the details shown on the submitted report "'Flood Risk Assessment' 7870 (rev P03) prepared by MJM, dated 11/10/22" and the approved details shall be implemented in full prior to the first use of the building and be retained as such thereafter.

 

REASON: In the interests of satisfactory drainage of the site and in accordance with Policy SDC11 of the North East Derbyshire Local Plan

 

15. Before development starts, a scheme for the provision of surface water drainage works shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall also ensure that all surface water from access and car park areas is passed through interceptors. The approved scheme shall then be implemented in full before the development, hereby approved, is first brought into use and shall be maintained as such thereafter

 

REASON: In the interests of satisfactory drainage of the site and in accordance with Policy SDC11 of the North East Derbyshire Local Plan

 

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

a. MJM Consulting Engineers. (11/10/2022) Flood Risk Assessment, version P03, Nutter, K. (2023). Email to Philip Slater, 13 March, and Nutter, K. (2023). Email to Philip Slater, 19 May, including any subsequent amendments or updates to those documents as approved by the Flood Risk Management Team,

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

has been submitted to and been approved in writing by the Local Planning Authority. The agreed scheme shall then be implemented as agreed and be retained a such thereafter.

 

REASON:To ensure that the proposed development does not increase flood risk and that the principles of sustainable drainage are incorporated into this proposal, and sufficient detail of the construction, operation and maintenance/management of the sustainable drainage systems are provided to the Local Planning Authority, in advance of full planning consent being granted. In accordance with Policy SDC11 of the North East Derbyshire Local Plan. 

 

17. Prior to commencement of the development, the applicant shall submit for approval in writing to the LPA details indicating how additional surface water run-off from the site will be avoided during the construction phase. The applicant may be required to provide collection, balancing and/or settlement systems for these flows. The approved system shall then be operating as agreed before the commencement of any works.

 

REASON: To ensure surface water is managed appropriately during the construction phase of the development, so as not to increase the flood risk to adjacent land/properties or occupied properties within the development.In accordance with Policy SDC11 of the North East Derbyshire Local Plan. 

 

18.Prior to the first use of the development, hereby approved, a verification report carried out by a qualified drainage engineer must be submitted to and be approved in writing by the Local Planning Authority. This must demonstrate that the drainage system has been constructed as per the agreed scheme (or detail any minor variations), provide the details of any management company and state the national grid reference of any key drainage elements (surface water attenuation devices/areas, flow restriction devices and outfalls).

 

REASON: To ensure that the drainage system is constructed to the national Non-statutory technical standards for sustainable drainage and CIRIA standards C753. In accordance with Policy SDC11 of the North East Derbyshire Local Plan. 

 

Ecology

 

19.No vegetation clearance shall take place between 1st March and 31st August inclusive, unless preceded by a nesting bird survey undertaken by a competent ecologist no more than 48 hours prior to clearance. If nesting birds are present, an appropriate exclusion zone will be implemented and monitored until the chicks have fledged. No works shall be undertaken within exclusion zones whilst nesting birds are present.

 

REASON: In the interests of protecting wildlife and in accordance with policies SDC4 of the North East Derbyshire Local Plan

 

20. Prior to any building works, hereby approved, commencing above foundation level, a Biodiversity Enhancement Plan, including a timetable for its implementation,  shall be submitted to and be approved in writing by the Local Planning Authority. The approved scheme  shall then be implemented in full as agreed and be maintained thereafter. The Plan shall clearly show positions, specifications and numbers of features, which will include (but are not limited to) the following:

• integral, external and/or tree-mounted nest boxes.

• integral, external and/or tree-mounted bat boxes.

• insect bricks or blocks.

• boundary fencing gaps 130 mm x 130 mm to maintain connectivity for hedgehogs.

• summary of ecologically beneficial landscaping (full details to be provided in Landscape Plans).

• details of sensitive lighting to western boundary

 

REASON: In the interests of protecting wildlife and in accordance with policies SDC4 of the North East Derbyshire Local Plan

 

Highways

 

21. No part of the development hereby permitted shall be occupied until such time as the access arrangements shown on Drawing No. B035432-TTE-00-XX-PL-C-003-P03 have been implemented in full.

 

REASON: in the interests of highway safety and in accordance with Policies SDC12 and ID3 of the North East Derbyshire Local Plan. 

 

22. The development hereby permitted shall not be occupied until such time as the parking and turning facilities have been implemented in accordance with the Proposed Site Plan drawing number 7236/21 Rev G Thereafter the onsite parking provision shall be retained in perpetuity.

 

REASON: In the interests of highway safety and in accordance with Policies SDC12 and ID3 of the North East Derbyshire Local Plan. 

 

23.The development hereby approved shall not be brought into use until visibility splays are provided from a point 0.6m above carriageway level at the centre of the access to the application site and 2.4 metres back from the near side edge of the adjoining carriageway, (measured perpendicularly), for a distance of 54.6 metres in a southerly direction and 53.3 metres in a northern direction measured along the nearside edge of the adjoining carriageway and offset a distance of 0.6 metres from the edge of the carriageway. These splays shall thereafter be permanently kept free of all obstructions to visibility over 0.6m in height above carriageway level.

 

REASON: In the interests of highway safety and in accordance with Policies SDC12 and ID3 of the North East Derbyshire Local Plan. 

 

24.The development hereby approved shall not be brought into use until sheltered, secure and accessible bicycle and motorcycle parking has been provided in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority. The storage area shall be maintained for this purpose thereafter.

 

REASON: To promote sustainable travel and healthy communities and in accordance with Policies SDC12 and ID3 of the North East Derbyshire Local Plan

 

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

 

REASON: In the interests of highway safety and in accordance with Policies SDC12 and ID3 of the North East Derbyshire Local Plan. 

 

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

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

·         Advisory routes for construction traffic;

·         Any temporary access to the site;

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

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

·         Arrangements for turning vehicles;

·         Arrangements to receive abnormal loads or unusually large vehicles;

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

 

REASON: In the interests of highway safety and in accordance with Policies SDC12 and ID3 of the North East Derbyshire Local Plan. 

 

Notes

 

Alterations to Vehicular Access

1.    The Local Highway Authority has no objection to the above subject to the applicant obtaining a section 184 license. The construction of a new access will require the extension of a verge and/or footway crossing from the carriageway under the Highways Act 1980 - Section 184 and the Applicant is required to obtain the permission of Derbyshire Highways details can be found at www.derbyshire.gov.uk/transport-roads/roads-traffic/licences-enforcements/vehicular-access/vehicle-accesses-crossovers-and-dropped-kerbs.aspx or email highways.hub@derbyshire.gov.uk before commencing any works on the highway.

 

Works on the Public Highway

2.    The development hereby approved includes the carrying out of work on the adopted highway. You are advised that before undertaking work on the adopted highway you must enter into a highway agreement under Section 278 of the Highways Act 1980 with the County Council, which would specify the works and the terms and conditions under which they are to be carried out.

Contact the Highway Authority’s Implementation team at development.implementation@derbyshire.gov.uk allowing sufficient time for the preparation and signing of the Agreement. You will be required to pay fees to cover the Councils costs in undertaking the following actions:

 

Drafting the Agreement

A Monitoring Fee

Approving the highway details

Inspecting the highway works

 

Planning permission is not permission to work in the highway. A Highway Agreement under Section 278 of the Highways Act 1980 must be completed, the bond secured and the Highway Authority’s technical approval and inspection fees paid before any drawings will be considered and approved.

 

The development hereby approved and any associated highway works required, is likely to impact on the operation of the highway network during its construction (and any demolition required). You are advised to contact the Highway Authorities Network Management Team at www.derbyshire.gov.uk/transport-roads/roads-traffic/roadworks/roadworks.aspx before undertaking any work, to discuss any temporary traffic management measures required, such as footway, Public Right of Way, carriageway closures or temporary parking restrictions a minimum of eight weeks prior to any activity on site to enable Temporary Traffic Regulation Orders to be prepared and a programme of Temporary Traffic Management measures to be agreed.

 

Travel Plan

 

The proposed development will require a Travel Plan as part of the transport mitigation package (together with a Monitoring Fee and Default Payment) and the Applicant/Developer is required to enter into a legally binding Planning Obligation Agreement with the County Council to secure the Travel Plan.

 

Derbyshire County Council has published guidance on how it expects travel plans to be prepared, this guidance is freely available from the County Councils website. As part of this process the applicant must register for Modeshift STARS and ensure that their targets have been uploaded so that progress on the implementation of the Travel Plan can be monitored.

 

Modeshift STARS Business is a nationally accredited scheme which assists in the effective delivery of travel plans, applicant can register at www.modeshiftstars.org

 

Construction Management Plan (CMP)

 

It is expected that contractors are registered with the Considerate Constructors scheme and comply with the code of conduct in full, but particularly reference is made to “respecting the community” this says:

 

Constructors should give utmost consideration to their impact on neighbours and the public

·         Informing, respecting and showing courtesy to those affected by the work;

·         Minimising the impact of deliveries, parking and work on the public highway;

·         Contributing to and supporting the local community and economy; and

·         Working to create a positive and enduring impression, and promoting the Code.

 

The CMP should clearly identify how the principal contractor will engage with the local community; this should be tailored to local circumstances. Contractors should also confirm how they will manage any local concerns and complaints and provide an agreed Service Level Agreement for responding to said issues.

 

Contractors should ensure that courtesy boards are provided, and information shared with the local community relating to the timing of operations and contact details for the site coordinator in the event of any difficulties. This does not offer any relief to obligations under existing Legislation.