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
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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
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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
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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.
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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
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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
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-
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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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(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.