Application for Consideration - 14/500619
Planning Committee Report 8 April 2015 REPORT SUMMARY REFERENCE NO - 14/500619/FULL APPLICATION PROPOSAL Erection of retail warehousing comprising 2no. Class A1 retail units including mezzanine and associated Outdoor Project Centre and Secure Compound; together with car parking, landscaping and servicing ADDRESS Site Of Former Courier House And Printing Works Longfield Road Royal Tunbridge Wells Kent TN2 3HL RECOMMENDATION: GRANT, subject to Section 106 obligation and conditions (see section 11.0 for full recommendation) SUMMARY OF REASONS FOR RECOMMENDATION - The following is a summary of the main reasons for the decision: - Although the site is within an out of centre location it has been demonstrated that there are no sequentially preferable sites and that the proposals would not adversely affect the vitality and viability of the town centre. - The site is within a designated employment area and will generate a range of employment opportunities that will benefit the local economy. - The scale, location, design and landscaping of the development would respect the context of the site and preserve the visual amenities of the locality. - The access, parking and servicing arrangements are acceptable and impact on the highway can be mitigated through developer contributions. - Suitable measures have been proposed to meet the needs of pedestrians and cyclists. - The development would make use of on site renewable energy technology and incorporate sustainable construction features. - The proposals make adequate provision for surface water drainage and the improvement of the culverted Greggs Wood stream that passes through the site. - The proposals satisfactorily mitigate the impact on trees and protected species. - Other environmental impacts have been assessed and there are not any which are potentially significant and which cannot be controlled by conditions. REASON FOR REFERRAL TO COMMITTEE Referred by the Head of Planning Services WARD Sherwood PARISH/TOWN COUNCIL N/A APPLICANT Wickes Building Supplies Ltd AGENT Quod DECISION DUE DATE PUBLICITY EXPIRY DATE OFFICER SITE VISIT DATE 29/09/14 (extension of time agreed) 05/08/14 16/07/14 Planning Committee Report 8 April 2015 RELEVANT PLANNING HISTORY (including appeals and relevant history on adjoining sites): App No Proposal Decision Date 11/00077 Demolition of buildings on site and proposed ground re-profiling works Approved 27.6.11 Approved 20.08.14 Adjacent site: Former Sparshatts / Mercedes Truck Centre 14/01582 Demolition of existing buildings and erection of a mixed sui generis/Class B2 use consisting of car showroom, MOT testing centre, servicing, and vehicle repairs with associated car display, parking spaces and means of access. MAIN REPORT 1.0 DESCRIPTION OF SITE 1.01 The application site is located on the south side of Longfield Road adjacent to the roundabout with Dowding Way, opposite the Fountains Retail Park, at the centre of the Longfield Road commercial and retail area. 1.02 The site is a cleared, vacant site, awaiting redevelopment. It was formerly occupied by the Courier offices and printworks and associated car parking (approximately 145 spaces). The offices were two storeys high and were located near to the site frontage to Longfield Road with printworks behind within a large industrial style building. Various hardstandings still remain. There are two access points from Longfield Road. 1.03 The site levels slope upwards towards the rear by approximately 10m from the Longfield Road frontage. Planning permission has been granted, as referred to above, for the levelling of the site and provision of an 8m high retaining wall at the rear. These works have not yet been undertaken. 1.04 A TPO protects the trees on the boundaries, including a group of trees adjacent to the roundabout, which contribute to the visual amenity of this area. 1.05 The site is adjoined by the Colebroook industrial estate to the east and other industrial and warehouse premises to the west. The adjoining site to the west is the Sparshatt’s Mercedes Truck centre site, which is temporarily being used for car storage whilst awaiting redevelopment. Although planning permission has recently been granted for a car dealership it is understood that this permission will not be implemented and the owners are currently considering other redevelopment options. 1.06 A public footpath and proposed cycleway known as Home Farm Lane runs adjacent to the rear boundary at an elevated level. Beyond this is Lambert’s Wood, which provides a green backdrop to the site, with the new Knights Wood primary school and residential development behind this woodland. Planning Committee Report 8 April 2015 2.0 PROPOSAL 2.01 The proposal has been substantially amended since the application was originally submitted, following the recent purchase of the site by Wickes Building Supplies. Wickes required a smaller floor area and a redesigned external appearance of the units, to reflect their corporate identity (Builders Merchants and retail DIY) and their intention to attract trade as well as retail customers. 2.02 The proposal, as amended, is for two retail units. The larger of the two would be occupied by Wickes and would have a gross internal floor area of 2323 sq.m, including a small mezzanine, with an area of outdoor display and storage at the rear. The smaller unit would be occupied by an as yet unspecified bulky comparison goods (ie non-food) retailer and would have a gross internal floor area of 557 sq.m., all at ground floor level. 2.03 A new single point of access would be created towards the western boundary, as far as practicable from the roundabout but not so close to the Sparshatts site to prejudice the redevelopment of that site. 92 parking spaces would be provided, together with servicing access to the rear of the building. The site levels would be as approved by permission 11/00077. Pedestrian paths would be provided from the front of the units and running along both sides of the site to connect with Longfield Road. A pedestrian crossing point/refuge would be provided within the Longfield Road carriageway for access to Fountains Retail Park / McDonalds and the bus stop on the opposite side of the road would be relocated further to the south so that it would not conflict with the proposed access position. 2.04 The buildings would have a functional external appearance, typical of units of this nature. The materials comprise vertical and horizontal profiled grey metal cladding with grey/blue edging details, areas of timber cladding wrapping around the front corners of the buildings, aluminium window and door frames and areas of glazing around the front entrances. 2.05 Full details have been provided of the proposed landscaping, tree works, retaining wall details, protected species mitigation, lighting and on site renewable energy provision. 2.06 A draft Section 106 Unilateral Undertaking has been provided which would secure the following developer contributions: - £50,000 towards mitigation of highways impact; - £36,000 towards lighting of the Home Farm Lane footpath / cycleway or local cycleway improvements; - £10,000 towards installation of public art / water features on the roundabout network along Longfield Road; - £2,000 towards Section 106 monitoring. Planning Committee Report 8 April 2015 3.0 SUMMARY INFORMATION Proposed 4.0 Site Area 1.045 ha (2.58 acres) Approximate Ridge Height (m) 10m (unit 1) and 9m (unit 2) Approximate Eaves Height (m) 8m Gross Internal floor area of Unit 1 (Wickes) 2,323 sq.m. of which 465 sq.m.would be at mezzanine level Gross Internal floor area of Unit 2 557 sq.m. all at ground floor level Total gross internal floorspace 2880 sq.m. Parking Spaces 92 (of which 5 disabled spaces, 5 van spaces and 2 car and trailer spaces) Cycle parking 8 staff spaces in service yard Refuse storage Located within service yard PLANNING CONSTRAINTS Inside Limits to Built Development Within Key Employment Area TPO protects trees on site frontage and boundaries Home Farm Lane to rear is public footpath and proposed cycleway High Pressure Gas Main Within 250m of a Landfill Site Potentially Contaminated Land Within 250m of Public Access Land and Local Nature Reserve (Greggs Wood) 5.0 POLICY AND OTHER CONSIDERATIONS In determining this application, the Local Planning Authority had regard to the following: National Policies - National Planning Policy Framework, March 2012. National Planning Practice Guidance (NPPG) Tunbridge Wells Borough Core Strategy 2010 - Core Policy 1: Delivery of Development. - Core Policy 3: Transport Infrastructure. - Core Policy 5: Sustainable Design and Construction. - Core Policy 7: Employment Provision. - Core Policy 8: Retail, Leisure and Community Facilities Provision. Planning Committee Report 8 April 2015 - Core Policy 9: Development in Royal Tunbridge Wells. Tunbridge Wells Borough Local Plan 2006 - Policy CR2 – Large-scale retail outside defined Primary Shopping Areas. - Policy ED3 – Location of B2 and B8 Uses within Economic Development Areas. - Policy EN1 – Development Control criteria. - Policy EN13 – Tree and woodland protection. - Policy EN15 – Local Nature Reserves and non-statutory Nature Conservation Sites. - Policy EN16 – Protection of groundwater and other watercourses. - Policy TP1 – Major development requiring Transport Assessments and Travel Plan. - Policy TP4 – Access to the road network. - Policy TP5 – Vehicle Parking Standards. - Policy TP9 – Cycle Parking. - Policy TP18 – Cycleways. Supplementary Planning Documents - TWBC Renewable Energy Supplementary Planning Document, 2007. 6.0 LOCAL REPRESENTATIONS 6.01 A site notice was displayed on 11/07/14; a press advert was published on 11/07/14; and neighbouring premises were notified of the application by letter. 6.02 An objection has been received from the transport consultants acting on behalf of the owners of the Fountains Retail Park located opposite the site. Their latest concerns, raised in respect of the revised proposal, are summarised as follows: - If granted the planning consent would enable stores to occupy the site which would generate significantly more traffic (and parking requirement) than that used in the analysis provided; - The trip generation assumptions are flawed; this means that the parking accumulations are equally flawed; - The committed transport scheme to widen the A21 will increase traffic on Longfield Road but this has not been modelled and crucial junction modelling has been omitted; - The peak periods proposed are not validated by observations. 7.0 CONSULTATIONS 7.01 As explained in the Proposals section above the application has been amended since it was originally submitted and the consultees were re-consulted on the revised details. In many instances, as the revised proposals were similar in substance to the Planning Committee Report 8 April 2015 original, further comments have not been received. Where comments relate to the revised proposals this is stated below. 7.02 7.03 7.04 7.05 Environment Agency (20/03/15): (revised proposals) - Remove previous objection, subject to the imposition of conditions relating to contamination remediation and repair of the culvert beneath the site. (17/07/14): Object Submitted FRA does not provide a suitable basis for assessment to be made of the flood risks arising from the proposed development. It does not detail the condition of the Greggs Wood Stream Culvert and the need for its repair or the way that the proposed Wickes development will incorporate the culverts condition. Upper Medway Internal Drainage Board (30/07/14): No objections. Outside the Board’s district and note that runoff rates will be reduced by 20%. Southern Water (30/07/14): Request conditions relating to protection of public sewers within the site and approval of foul and surface water drainage proposal, plus an informative relating to the need to obtain the approval of Southern Water for the connection to the public sewerage system. 7.06 Natural England (07/07/14): No objections. LPA should refer to standing advice. 7.07 UK Power Networks (03/07/14): No objections 7.08 7.09 7.10 7.11 7.12 Southern Gas Networks (04/06/14): High pressure and low/medium/intermediate pressure gas mains in vicinity. Advice on safety procedures provided. Kent Highway Services (27/03/15): (revised proposals) - The revised Transport Assessment concludes that there would be an increase in traffic generation at the Saturday mid-day peak. The Highways Authority is satisfied with the development-generated trip rates, trip distribution analysis and parking levels outlined in the revised Transport Assessment. The new trips generated by the site have resulted in a contribution of £50k towards highway improvements being requested from the applicant. Various planning conditions relating to highways matters are recommended. (24/10/14): Raised concerns over site access, trip rates and parking provision. KCC Police (06/02/15): (revised proposals). The applicant has applied for BREEAM Secure By Design principals. No further comments and expect this development should achieve BREEAM for Crime Prevention. Tonbridge and Malling Borough Council (17/02/15): (revised proposals). No objection subject to TWBC being satisfied that the proposals would have no adverse impact on Tonbridge town centre. Planning Committee Report 8 April 2015 7.13 7.14 7.15 7.16 7.17 TWBC Environmental Services (22/08/14): (air quality) - welcome travel plan objectives aimed at increasing staff and customers’ awareness of the advantages and availability of sustainable transport modes, reducing unnecessary and unsustainable use of travel by car, and introducing physical and management measure to facilitate sustainable modes. Suggest various mitigation measures to help achieve these objectives, including installation of charging point(s) for electric vehicles (with a recommended power output of 22kW); free taster tickets for local buses and discounted travel passes; staff changing, drying, storage and shower facilities. (contamination) The site is located on an area of potential land contamination and near to a former landfill site, therefore request the standard land contamination conditions and an informative regarding adherence to the Tunbridge Wells Borough Environmental Code of Development Practice. TWBC Landscape and Biodiversity Officer (11/03/15): (revised proposals) - The general principles are satisfactory but request various detailed amendments to the soft landscaping proposals. 06/03/15 – retaining wall details acceptable. 24/03/15 – amended soft landscaping details now acceptable. 23/03/15 – Reptile Strategy acceptable. TWBC Tree Officer (10/03/15): (revised proposals) - The trees on the site are protected by TPO. The proposal would result in the loss of some trees and the retention of others. In terms of tree loss and retention, it is similar to previous proposals. In terms of the tree protective fencing, it is located in a similar position to where it was on the previous proposal. From an aboricultural perspective I raise no concerns regarding the proposal provided that there is an accurate TPP and an updated AMS as described to relate to the new TPP. (25/03/15) – Confirm revised Tree Report dated 19/03/15 is acceptable. If approved recommend conditions are imposed relating to the Arboricultural Method Statement, tree protection and the implementation of tree protection measures. TWBC Planning Environmental Officer (16/03/15): (revised proposals) - Agree with the applicant’s proposed approach to generate 10% of the site’s carbon emissions using PV on the south-west roof face. Accept that the overall water use on the development will be low but nevertheless consider that water butts would be a useful addition to assist with watering of the plants in the garden centre during summer months. Acknowledge the various other water saving measures that are proposed. All other sustainability proposals appear suitable. Suggest the standard conditions for renewable energy, energy conservation and water conservation are imposed. 8.0 APPLICANT’S SUPPORTING COMMENTS 8.01 Wickes’ strong trade customer base means that the operation of the site will be largely in keeping character and function of the wider industrial estate, which is already home to many retail and quasi retail uses. It has been demonstrated that the benefits that the proposals outweigh the technical loss of 1 hectare of employment land, to an alternative employment generating use (i.e. retail), a clear need for which is acknowledged in the Council’s recent retail study. The proposals also meet the relevant sequential and impact tests and the redevelopment of this brownfield site will give rise to significant economic benefits including the creation of up to 34 full time equivalent jobs and investment in the local economy in excess of £7m. The Planning Committee Report 8 April 2015 development therefore accords with the Development Plan and is consistent with the NPPF. 9.0 BACKGROUND PAPERS AND PLANS Original submission Planning and Retail Statement, Indigo Planning, May 2014 Design & Access Statement, Russ Drage Architects, April 2014 Transport Assessment and Travel Plan, Motion, May 2014 Renewable Energy Assessment, BWB, March 2014 Ecology Report, Landvision, May 2014 Phase I and Phase II Geo-environmental Report, BWB March 2013 Utilities Statement, including Drainage, BWB, April 2014 Flood Risk Assessment, BWB, April 2014 Landscaping Supporting Statement, Landvision Landscape Management Plan, Landvision Existing plan: 13536-100 rev. B – Site Location Plan Revised proposals Letter from agent (Quod) dated 2.2.15 referring to supplemental information Supplemental Planning Statement, Quod, January 2015 Energy Sustainability Statement, ESP, January 2015 REVA Ecological Addendum, Ecology Solutions, January 2015 Briefing Note: Common Reptile Mitigation Strategy, Ecology Solutions, March 2015. Transport Assessment Addendum, Icini, January 2015 Highway Sensitivity Tests, Icini, February 2015. Tree Report, Landvision, dated 19 March 2015 Tree Survey Plan, Landvision Drawing TW/NOR/WBS/01 Tree Protection Plan Landvision Drawing TW/NOR/WBS/02 Letter from BWB to Environment Agency dated 13.8.14 re flood risk from Greggs Wood Stream Example Goods Restrictions Decision Notices and SoS Decision Notice - Great Lodge Retail Park Section 106 Draft Heads of Terms 10.0 APPRAISAL 10.01 The key issues are as follows: - Retail policy considerations. - Employment policy considerations. - Highways and transport - Layout, scale and design. - Trees, landscape and ecology. - Renewable energy and sustainable construction. - Other detailed matters. - Section 106 developer contributions. Planning Committee Report 8 April 2015 Retail policy considerations 10.02 The National Planning Policy Framework (NPPF) sets out two main tests for retail development in out-of-centre locations: - Local planning authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date Local Plan (para. 24). Where an application fails to satisfy the sequential test or is likely to have significant adverse impact it should be refused (para. 27). - When assessing applications for retail development outside town centres which are not in accordance with an up-to-date Local Plan, local planning authorities should require an impact assessment if the development is over a default threshold of 2,500 sqm (para. 26). This proposal has a floor area of 2,880 sq.m and therefore the impact test needs to be applied. 10.03 Core Policy CP8 and Local Plan Policy CR2 have similar policy requirements. Sequential test 10.04 Section 5 of the applicant’s Planning and Retail Statement deals with the sequential test. National Planning Practice Guidance (PPG) states that due regard should be had to the suitability of more central sites to accommodate the proposal. 10.05 From reviewing the planning history, current occupancy, and the Council’s vision for the allocated sites within the Local Plan and the Draft Site Allocations DPD (eg Cinema site, RVP, Vale Avenue) the applicant has concluded that there are no sequentially preferable sites that are within or close to the town centre that would suitable, available and viable for the proposed development. No other non-allocated sites have been identified and the applicant’s conclusion that there are no sequentially preferable sites is, consequently, accepted. Impact assessment 10.06 Section 6 of the applicant’s Planning and Retail Statement deals with the impact assessment. 10.07 NPPG confirms that the purpose of the test is to ensure that the impact over time on existing town centres is not ‘significantly adverse’. It states that: ‘As a guiding principle impact should be assessed on a like-for-like basis in respect of that particular sector (e.g. it may not be appropriate to compare the impact of an out of centre DIY store with small scale town-centre stores as they would normally not compete directly). Retail uses tend to compete with their most comparable competitive facilities. Conditions may be attached to appropriately control the impact of a particular use’. NPPG goes on to advise that impact on the following should be judged: - Existing, committed and planned investment within the given catchment area - Town centre vitality and viability - In-centre trade, and trade in the wider area including the rural economy where applicable. Planning Committee Report 8 April 2015 10.08 Regarding the first point, the 2006 Local Plan and draft Site Allocations DPD promote a range of town centre sites for redevelopment. Given the ‘like-for-like’ principle it is not considered that the sale of comparison goods comprising DIY and bulky goods such as carpets, furniture and domestic appliances, would have a significant adverse impact on the redevelopment of these sites. 10.09 Regarding town centre vitality and viability, the 2014 Retail and Leisure Study Update indicates that Royal Tunbridge Wells’ retail ranking has improved slightly since 2010, increasing from 58th position to 51st. Regarding the relationship between town centre and out of centre shopping, the 2014 Update shows that the proportion of spending captured by the town centre is around 66%, with the remainder going to out of centre retail parks; this is an improvement on the 2011 Study, which showed a 60:40 split between the town centre and retail parks. It is therefore not considered that the sale of comparison goods proposed on this scale would have a significant adverse impact on the redevelopment of town centre sites. 10.10 Considering the impact on in-centre trade arising from this proposal, this was assessed as being in the order of £0.78m, which equates to 0.16% diversion from Royal Tunbridge Wells town centre in 2016. The applicant used trading figures contained in the 2011 Retail Study. If this figure is adjusted to take account of the 2016 figures contained in the 2014 Retail Update, which were not available when their assessment was undertaken, a higher diversion of trade of approximately 0.20% is considered likely, assuming £0.78m diversion from a total of £395.13m expenditure in the town centre. (It should also be noted here that this is a slight over-estimate of impact as the assessment relates to the originally submitted internal floorspace of 3,541 sq.m, which is greater than the 2,880 sq.m. now proposed). Such a small scale effect would not create a ‘significantly adverse’ impact on the town centre. 10.11 Given the above, and the applicant’s willingness to accept conditions restricting the use of the unit to the sale of DIY and bulky goods (wording based on other Wickes consents and the standard bulky goods condition applied to other such stores in Longfield Road), the proposal would not have a significantly adverse impact on these issues. In addition, conditions are proposed which would prevent the sub-division of the units into smaller units and would prevent the installation and use of any further trading mezzanine floorspace. 10.12 Accordingly the proposals would comply with the NPPF, NPPG as well as Core Strategy Policy CP8 and Local Plan Policy CR2 with regard to these key retail planning policy tests. Employment policy considerations 10.13 The National Planning Policy Framework (NPPF) supports sustainable economic growth and proposals which lead to additional employment. The site lies within a Key Employment Area in the Core Strategy and an Economic Development Area as designated by the Local Plan. Core Strategy Policy CP7 seeks to retain existing employment floorspace and encourage new floorspace in the Key Employment Areas on vacant sites and through the redevelopment of existing sites. Local Plan Policy ED3 directs new employment floorspace to Economic Development Areas such as this. This designation as a Key Employment Area is repeated in the emerging Site Allocations DPD. 10.14 The Core Strategy and Local Plan regard this area as providing for traditional forms of employment floorspace such as industrial uses, offices and warehousing within Classes B1 (business), B2 (General Industrial) and B8 (Storage and Distribution). Planning Committee Report 8 April 2015 However, neither existing nor emerging development plan policy specifically allocate the site for B1, B2 and/or B8 uses and the proposals fall to be considered against the NPPF and Core Policy CP7 relating to ‘employment’ floorspace. National planning policy no longer makes any distinction between jobs created by the A-class (which includes retail) and B-class uses. ‘Economic development’ is defined by Annex A of the NPPF as: ‘Development, including those within the B Use Classes, public and community uses and main town centre uses (but excluding housing development).’ 10.15 Main town centre uses as defined by NPPF Annex A include retail development such as that proposed. As the site is not proposed to be allocated for a specific B-class use it follows that the development of the application site for retail warehousing is in accordance with the aims of Core Policy 7 in that it would generate employment in an area intended for economic development which would support the local economy. 10.16 The site has remained vacant for a number of years and proposals for more traditional forms of employment have not come forward. Paragraph 22 of the NPPF seeks to avoid the long term protection of employment sites and advises that applications for alternative land uses should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities. The applicant argues the need for additional DIY provision to serve Tunbridge Wells and points out that Wickes trading characteristics are very much akin to the surrounding land uses. 10.17 The proposals would generate 28 full time equivalent jobs in the Wickes unit and 6 full time equivalent jobs in the speculative smaller unit and would represent an effective use of brownfield land. The jobs on offer would include managerial roles and a range of full and part time positions. 10.18 It is concluded that this proposal complies in principle with the NPPF and Core Strategy Policy CP7 with regard to the provision of employment land and premises. Highways and transport Traffic generation 10.19 This area is noted for traffic congestion problems, particularly at peak hours during the week and weekend. A major highway improvement scheme, which is part of a phased series of measures, is now well under way to address this. These works have been partially funded through developer contributions. 10.20 In assessing the traffic generation implications of the proposals, account has been taken of the traffic flows that were associated with the previous use of the site by the Courier (offices and printworks). The revised Transport Assessment concludes that there would be an increase in traffic generation at the Saturday mid-day peak. Further sensitivity testing has been undertaken by the applicants consultants to confirm these conclusions. The Highways Authority is now satisfied with the development-generated trip rates, trip distribution analysis and parking levels outlined in the revised Transport Assessment. The new trips generated by the site have resulted in a contribution of £50k towards highway improvements being requested from the applicant, which will go towards further highway improvements in the local vicinity, which may include the monitoring of the effectiveness of current improvements, to ensure the traffic on North Farm is efficiently managed. This Planning Committee Report 8 April 2015 contribution has been agreed and would be secured through a Section 106 obligation. 10.21 A Travel Plan submitted as part of the application sets out a package of measures to improve opportunities for travel to the site by means other than single occupancy car. The objectives of the document will be implemented by a dedicated Travel Plan co-ordinator and will be regularly monitored and reviewed to ensure that targets are being met. Final details of the Travel Plan would be agreed by condition. Transport infrastructure 10.22 Local Plan Policy TP1 requires adequate transport infrastructure to serve the development and allows the Local Planning Authority to seek contributions to address inadequacies in provision of facilities, inter alia, for pedestrian and cyclists. 10.23 Local Plan Policy TP18 - Cycle ways seeks to upgrade the public footpath along Home Farm lane at the rear of the site into a cycle way. A contribution of £108,000 has already been secured for this through the Section 106 agreement relating to Knights Park. Additional funding is however required for the lighting of the cycleway. This is likely to be provided by solar powered lighting, which has been estimated to cost £3,000 per light. The owner of the adjacent Sparshatts site has agreed to fund 8 of the 20 lights required along the whole length of the cycleway and Wickes have agreed to fund the remaining 12 lights at a total cost of £36,000. 10.24 In view of the above, it is considered that Core Strategy Policy CP1 and Local Plan Policies TP1 and TP18 are complied with. Access, servicing and parking 10.25 Kent Highways are satisfied that the proposed amended access arrangements are acceptable and achieve adequate visibility and radii. Opportunities to achieve a shared access with the adjacent Sparshatts site have been explored but there are a number of complicating factors, including the location of underground services and levels differences, and this cannot be insisted upon as the proposed individual access positions are acceptable in highway terms. Adequate provision for parking, servicing and pedestrian facilities is made. 10.26 With regard to objections raised by the highway consultants acting on behalf of the Fountains Retail Park, as confirmed above, Kent Highways consider the trip rates, trip distribution analysis and parking levels outlined in the most recent revised Transport Assessment are acceptable. The objector’s concerns about potential future occupation by retailers with a higher trip generation are addressed by the range of goods conditions included in the recommendation. 10.27 It is therefore concluded that the proposals comply with Core Strategy Policy CP1 and Local Plan Policies TP1, TP2, TP4 and TP18. Layout, scale and design 10.28 The proposed building, which would comprise the two retail units, would be located towards the rear of the site with car parking in front. The units would be set at a lower level than the current site levels and would be seen against the backdrop of trees along the rear boundary and Lamberts Wood. Their scale and general appearance would not look out of place with the varied range of buildings in this part of the town and they would not be particularly prominent in the street scene. Whilst their design Planning Committee Report 8 April 2015 is somewhat utilitarian, this reflects the fact that Wickes aim to appeal to their trade customers, who make up a significant proportion of their customer base. Notwithstanding this, the buildings’ design is appropriate to this area and the proposed materials and finishes would be of an acceptable standard. 10.29 The proposals would comply with Core Strategy Policy CP4 and Local Plan Policy EN1. Trees, landscape and ecology 10.30 The most significant of the protected trees are two groups. The mixed group of young trees located on the site frontage have good amenity value and are largely to be retained and protected through the course of the construction works. The block of woodland trees in the south east corner would mostly be removed for safety reasons and replacement woodland planting would be provided in a strip approximately 10m wide across the rear boundary. The Tree Officer is agreeable to these proposals. 10.31 The landscape proposals include a number of individual trees where space opportunities allow within the car park and along the front and side boundaries, together with shrub planting proposals, using native species where appropriate to increase biodiversity. These details together with those relating to the large retaining structure at the back of the site and smaller retaining walls near the site frontage have been appraised by the Landscape and Biodiversity Officer who considers them to be acceptable. These proposals will mitigate tree loss and enhance the appearance of the surrounding streetscape. 10.32 With regard to protected species, the site supports a very small population of slow worms. A reptile mitigation method statement has been provided and is acceptable to the Landscape and Biodiversity Officer. The proposed landscaping scheme has been designed to enhance the habitats on the site. With these measures in place, the development will enhance the biodiversity and habitats situated at the site. It is therefore considered that the proposed development satisfies the relevant policy requirements of the NPPF, Core Strategy Policy CP4 and Local Plan Policies EN1 and EN13. Renewable energy and sustainable construction. 10.33 The proposed renewable energy measures have been considered against the Council’s Supplementary Planning Document on Renewable Energy. With regard to sustainable construction, Core Policy 5 of the Core Strategy states that the Council will apply and encourage sustainable design and construction principles and best practice. 10.34 The amended proposals are for saving 10% of the site’s carbon emissions by using PV panels on the south-west roof face of the units. The development will feature energy efficient mechanical and electrical plant, and will be highly insulated to significantly reduce the demand for heating. The approach to water use on the development is acceptable. 10.35 Conditions securing the provision of on-site renewables, energy conservation measures and water conservation measures are included in the recommendation. Planning Committee Report 8 April 2015 Other detailed matters Drainage 10.36 The Flood Risk Assessment concludes that, subject to relevant mitigation measures, the proposed development is not at significant risk of flooding and will not increase the risk of flooding elsewhere. The foul and surface water drainage will be discharged to mains drainage. A culverted watercourse (Gregg’s Wood Stream) crosses the site. The EA have removed their original objection having been satisfied with the applicant’s proposals for the improvement of / repairs to this culverted watercourse, final details of which are to be agreed by condition. Southern Water has requested that final details of foul and surface water drainage are provided by way of a planning condition. Contamination 10.37 The ground investigation has concluded that the site poses a low environmental risk although further intrusive works and assessment of the site is required. Gas protection and monitoring during the works will be required. As requested by the Environment Agency and Environmental Services, conditions are included in the recommendation to ensure that any remediation works are carried out satisfactorily. Section 106 developer contributions 10.38 The applicant has provided a Unilateral Undertaking to cover the following developer contributions: - £50,000 towards mitigation of highways impact; - £36,000 for lighting along the Home Farm Lane footpath / cycleway or for improvements for cycle provision within a one mile radius of the land. This would allow some flexibility if, for any unforeseen reason, the provision of lighting is impracticable or some moneys are surplus to requirements. - £10,000 for public art / water features on the roundabouts along the Longfield Road improvement corridor, which will help in the upgrading of the environmental quality of the area and meet the objective of reinforcing local distinctiveness sought by Core Policy 4. - A Section 106 monitoring sum of £2,000. 10.39 These contributions satisfy the statutory tests set out in the CIL Regulations, namely they would be necessary to make the development acceptable in planning terms; would be directly related to the development; and would be fairly and reasonably related in scale and kind to the development. Conclusion 10.40 This redevelopment of this brownfield site, which has been unused for a number of years, will result in economic and environmental benefits. Although it involves out of centre retail development the applicant has demonstrated that there are no sequentially preferable sites that could accommodate this development and that there would be minimal impact on the vitality and viability of Tunbridge Wells town centre. Wickes’ would occupy the larger of the two units. Their core business has a strong trade customer emphasis, which is in keeping character and function of this Planning Committee Report 8 April 2015 part of the town. Appropriate range of goods conditions are proposed to secure the nature of retail sales. 10.41 Regarding highways impact, which is a key issue in this area, Kent Highways are satisfied with the proposed site access arrangements and developer contributions will be secured through a Section 106 obligation to mitigate the impacts on the highway network. 11.0 RECOMMENDATION – GRANT Subject to the following: A) THE COMPLETION OF A LEGAL OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) IN A FORM TO BE AGREED BY THE LEGAL SERVICES MANAGER BY 30 APRIL 2015 OR SUCH EXTENDED TIME AGREED BY THE HEAD OF PLANNING SERVICES TO SECURE THE FOLLOWING: (i) Payment of a developer contribution of £50,000 towards mitigation of highways impact. (ii) Payment of a developer contribution of £36,000 towards lighting along the Home Farm Lane footpath / cycleway or for improvements for cycle provision within a one mile radius of the land. (iii) Payment of a developer contribution of £10,000 towards public art / water features on the roundabout(s) along Longfield Road. (iv) Payment of a Section 106 monitoring sum of £2,000. (v) Payment of the Council’s legal costs in concluding or appraising the legal obligation. B) With the imposition of the following planning conditions: Standard timescale for implementation (1) The development hereby permitted shall be begun before the expiration of 3 years from the date of this decision. Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. Approved plans (2) The development hereby permitted shall be carried out in accordance with the following drawings and details: - 13536-101 Rev. B – Proposed Site Layout - 13536-102 Rev B – Proposed GA Plans - 13536-103 Rev C - Proposed Elevations - 13536-104 Rev A – Proposed Site Sections - 13536-105 Rev A – Proposed Site Sections - TW/NOR/WBS/03 rev 2 - Landscape Plan Planning Committee Report 8 April 2015 - TW/NOR/WBS/04 - Hard Landscaping Plan - 1356 – 106 - Proposed retaining wall elevations - Lighting Scheme Drawing 2758_E_100-A1 P2 and email dated 23.02.15 - Materials Schedule dated 09.03.15 - Tree Report dated 19.03.15. - Energy/Sustainability Statement, Jan 2015 Rev A. Reason: To clarify which plans and details are approved. Pre commencement Remediation strategy (3) No development approved by this planning permission shall take place until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: 1. Taking account of the results of the preliminary site investigation and risk assessment as set out in the Phase I and Phase II Geo-environmental Report, BWB March 2013, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 2. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (1) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved. Reason: To protect controlled waters and comply with the National Planning Policy Framework (NPPF). Scheme to repair the culvert beneath the site (4) Prior to the commencement of the construction works, a scheme to repair the culvert beneath the site shall be submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details. Reason: To reduce to risk of flooding to the development and off site. Protection of public sewers within the site (5) Prior to the commencement of the construction works, details of measures to protect public sewers within the site shall be submitted to and approved in writing by the Local Planning Authority and the measures shall be implemented in accordance with the approved details.. Reason: To reduce to risk of flooding to the development and off site. Planning Committee Report 8 April 2015 Drainage scheme (6) No construction works shall commence until details of foul and surface water drainage have been submitted to and approved by the Local Planning Authority. The drainage scheme shall be implemented in accordance with the approved details. Reason: To reduce to risk of flooding to the development and off site. Construction Environmental Management Scheme (7) Prior to the commencement of the construction works, a Construction Environmental Management Scheme shall be submitted to and approved in writing by the Local Planning Authority. The works shall then be carried out in accordance with the approved Plan and BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) unless previously agreed in writing by the Local Planning Authority. The Scheme shall include details of: a) an indicative programme for carrying out the works b) management of traffic visiting the site, including details of on-site parking for site operatives’ c) measures to prevent the transfer of mud and extraneous material onto the public highway d) measures to manage the production of waste and the maximise the re-use of material e) measures to minimise the potential for pollution of groundwater and surface water. Reason: To protect the amenities of the area, air quality, water resources and ecology during the demolition and construction phases. Compliance during construction, on completion and/or post completion Unexpected contamination (8) If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved. Reason: To protect controlled waters and comply with the NPPF. Planning Committee Report 8 April 2015 Levels (9) The development to which this consent relates shall be constructed at the levels indicated on the approved drawings or in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the development. Reason: To ensure a satisfactory appearance on completion of the development. Implementation of Arboricultural Method Statement and tree protection measures (10) The development shall take place in accordance with the Arboricultural Method Statement and tree protection measures contained within the Tree Report dated 19th March 2015 and Tree Protection Plan Drawing TW/NOR/WBS/02 or in accordance with any alternative details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the development. The tree protection measures shall be in accordance with the current edition of BS 5837 and all trees to be retained must be protected by barriers and/or ground protection. Reason: To safeguard existing trees to be retained and to ensure a satisfactory setting and external appearance to the development Tree protection (11) No equipment, machinery or materials shall be brought onto the site prior to the erection of approved tree protection barriers and/or ground protection except to carry out pre commencement operations approved in writing by the local planning authority. These measures shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed, nor fires lit, within any of the protected areas. No alterations shall be made to the siting of barriers and/or ground protection, nor ground levels changed, nor excavations made within these areas without the written consent of the local planning authority. Reason: Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality. Implementation of landscaping and boundary treatments (12) The landscaping scheme and boundary treatments for the site as identified on approved drawings TW/NOR/WBS/03 Rev 2 (Landscape Plan) and TW/NOR/WBS/04 (Hard Landscaping Plan) shall be carried out fully within 12 months of the completion of the development. Any trees or other plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the Local Planning Authority give prior written consent to any variation. Reason: In order to protect and enhance the amenity of the area. Planning Committee Report 8 April 2015 Retaining wall at rear of site (13) The retaining wall at the rear of the site shall be constructed in accordance with the approved details on drawing 13536-106 or in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the development: Reason: In order to protect and enhance the amenity of the area. Reptile mitigation strategy implementation (14) The development shall take place in accordance with the Briefing Note: Common Reptile Mitigation Strategy received 19 March 2015 or in accordance with any alternative details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the development. Reason: To protect the existing population of reptiles and to improve the habitat for reptiles on the site in the future. External materials (15) The development shall be carried out in accordance with the details of external materials specified in the Materials Schedule received 09.03 2015 or in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the development. Reason: In the interests of visual amenity. Renewable energy, energy efficiency and water conservation (16) The development shall be carried out in accordance with the Energy/Sustainability Statement (ESP, Jan 2015 Rev A) or in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the development. Reason: To ensure a satisfactory standard of development which meets the needs of current and future generations. Access and works on highway (17) Prior to the commencement of works on site details of off-site highway works, including the provision of a pedestrian crossing point and refuge; reinstatement of the footway and associated works to the east and west of the access point; and relocation of the bus stop and associated facilities including the shelter and raised kerbs shall be submitted to the Local Planning Authority and approved in writing. The works shall be implemented in accordance with the approved plans prior to first occupation of either of the retail units hereby approved. Reason: In the interests of highway safety. Planning Committee Report 8 April 2015 Pre occupation Verification report (18) No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved. Reason: To protect controlled waters and comply with the NPPF. Parking and servicing (19) The area shown on the approved site layout plan as vehicle parking, loading, off-loading and turning space (or as shown on any alternative details that have been submitted to and approved in writing by the Local Planning Authority), shall be provided before the use is commenced and shall be retained for the use of the occupiers of, and visitors to, the premises, and no permanent development, whether or not permitted by Town and Country Planning (General Permitted Development) Order 1995 and Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 (or any Order revoking and re-enacting those Orders), shall be carried out on that area of land or in such a position as to preclude its use. Reason: Development without provision of adequate accommodation for the parking, loading, off-loading and turning of vehicles is likely to lead to such activities inconvenient to other road users. Visibility splays (20) The visibility spays as shown on plan 14-T093 13 shall be provided at the access before the development commences and there shall be no obstruction in excess of 0.9m in height above the carriageway edge. These splays shall be so maintained at all times. Reason: In the interests of highway safety Electricity Charging points (21) Prior to either of the units hereby approved being brought into use a minimum of one electric vehicle-charging point (with a minimum power output of 22kW) shall be installed at an accessible location within the car park and shall be retained thereafter. Reason: To ensure a satisfactory standard of development which meets the needs of current and future generations. Planning Committee Report 8 April 2015 Cycle parking (22) Prior to either of the units hereby approved being brought into use, cycle parking shall be provided in accordance with the details shown on the approved plan or in accordance with alternative details that have been submitted to and approved in writing by the Local Planning Authority. The cycle parking provided shall thereafter be retained. Reason: To ensure the provision and retention of adequate off-street parking facilities for bicycles in the interests of highway safety. Lighting (23) Prior to either of the units hereby approved being brought into use, the external lighting shall be installed in accordance with the details indicated on Lighting Scheme Drawing 2758_E_100-A1 P2 and email dated 23.02.15, or in accordance with any alternative details that have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be maintained and operated in accordance with the approved details unless the Local Planning Authority gives its written consent to any alternative details. Reason: To protect the appearance of the area/the environment and wildlife/local residents from light pollution in accordance with Policies EN1, EN15 and EN8 of the Local Plan. Overspill of light (24) Light trespass shall not exceed a level of 5 Lux beyond 5 metres from the rear boundary of the site. Reason: In the interests of biodiversity of Lamberts Wood. Operational Travel Plan (25) Within 6 months of occupation a detailed Travel Plan for each individual unit hereby approved shall be submitted to and approved in writing by the Local Planning Authority, in consultation with the local Highway Authority. The agreed Travel Plan measures shall subsequently be implemented and thereafter maintained within three months of the first occupation of the buildings hereby permitted. The Travel Plan should include the following: a) Setting objectives and targets. b) Measures to promote and facilitate public transport use, walking and cycling. c) Measures to reduce car usage. d) Promotion of practices/facilities that reduce the need for travel. e) Monitoring and review mechanisms. f) Travel Plan co-ordinators and associated support. Planning Committee Report 8 April 2015 g) Provision of travel information. h) Marketing. i) A timetable for implementation. With regard to items (c) and (d) consideration should be given to the following: - Free taster tickets for local buses and discounted travel passes, which could be negotiated with bus operators; and - Staff changing, drying, storage and shower facilities Reason: In order to realise a sustainable pattern of development in the area. Control over nature of retail sales in larger unit (26) The larger retail unit hereby approved shall be used for the retail sale of the following categories of comparison goods and for no other purpose (including any other use in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 as amended, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modifications): DIY, hardware and home improvement products; building and decorating materials, equipment and supplies; and gardening goods. Goods falling outside of these categories shall only be sold if they are ancillary to the main product ranges. The unit shall be used for no other purpose whatsoever without the prior permission in writing of the Local Planning Authority. Reason: Unrestricted retail use would be contrary to Core Strategy Policy CP8 and Local Plan Policy CR2 and to enable the traffic generating impacts of alternative uses to be assessed. Control over nature of retail sales in smaller unit (27) The smaller retail unit hereby approved shall not be used other than for the sales of bulky comparison goods consisting of building and DIY products; garden products and plants, pets and pet supplies, furniture, carpets, floor coverings and household furnishings; electrical and gas products; vehicle accessories and parts, bicycles and cycle accessories; office supplies; computers and accessories; caravans, tents and camping and boating equipment. Goods falling outside of these categories shall only be sold if they are ancillary to the main product ranges. The unit shall be used for no other purpose whatsoever without the prior permission in writing of the Local Planning Authority. Reason: Unrestricted retail use would be contrary to Core Strategy Policy CP8 and Local Plan Policy CR2 and to enable the traffic generating impacts of alternative uses to be assessed. Planning Committee Report 8 April 2015 Mezzanine installation (28) Notwithstanding development permitted under the Town and Country Planning (General Permitted Development) Order 1995 and Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 (or any Order revoking and re-enacting those Orders), no additional trading mezzanine floorspace shall be installed in either of the units hereby approved without the prior written approval of the LPA. For the avoidance of doubt the provision and use of additional mezzanine floorspace for non-trading activities such as storage or staff facilities that would be installed under permitted development rights would not be prevented by this condition. Reason: Unrestricted retail use would be contrary to Core Strategy Policy CP8 and Local Plan Policy CR2 and to enable the traffic generating impacts of additional retail trading floorspace to be assessed. Prevention of subdivision into smaller units (29) Neither of the units hereby approved shall be sub-divided into smaller units without the prior written approval of the Local Planning Authority. Reason: Unrestricted retail use would be contrary to Core Strategy Policy CP8 and Local Plan Policy CR2. INFORMATIVES (1) The Environment Agency advises that any facilities for the storage of oils, fuels or chemicals shall be provided with secondary containment that is impermeable to both the oil, fuel or chemical and water, for example a bund, details of which shall be submitted to the local planning authority for approval. The minimum volume of the secondary containment should be at least equivalent to the capacity of the tank plus 10%. If there is more than one tank in the secondary containment the capacity of the containment should be at least the capacity of the largest tank plus 10% or 25% of the total tank capacity, whichever is greatest. All fill points, vents, gauges and sight gauge must be located within the secondary containment. The secondary containment shall have no opening used to drain the system. Associated above ground pipework should be protected from accidental damage. Below ground pipework should have no mechanical joints, except at inspection hatches and either leak detection equipment installed or regular leak checks. All fill points and tank vent pipe outlets should be detailed to discharge downwards into the bund. (2) The Environment Agency advises that in accordance with their guidance PPG3, car parks that are larger than 800m2 in area (or those that have 50 or more parking spaces), should have an oil separator fitted to the associated surface water drainage system to contain any oil leaks from vehicles/plant/accidental spillages. (3) The Environment Agency advises that the applicant will need flood defence consent from them to carry out the works to the culvert and development with 8 metres. (4) Southern Water advise that their approval is required for connection to the public sewerage system. (5) A Section 106 obligation relates to this permission. Planning Committee Report 8 April 2015 (6) Your attention is drawn to the Council's Environmental Code of Development Practice for Construction Sites, the terms of which should be met in carrying out the development. (7) The developer will be required to enter into a S.278 Agreement with the Highway Authority with regard to the implementation of the off-site highway works. Case Officer: Lynda Middlemiss NB For full details of all papers submitted with this application please refer to the relevant Public Access pages on the council’s website. The conditions set out in the report may be subject to such reasonable change as is necessary to ensure accuracy and enforceability.
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