Agenda item

Approved, subject to various requirements to be set out in the Minutes.

The Committee considered application WNS/2021/1091/MAF for the erection of commercial units (Use Classes E(g)(iii), B2 and B8) together with access, parking and landscaping at Land West of Boundary Road, Brackley for Chancerygate (No. 9) Limited.

 

George Dickens, the applicant, addressed the Committee in support of the application.

 

In reaching its decision, the Committee considered the officer’s report and presentation, the address of the public speaker, and the written update.

 

Resolved

 

(1)  That authority be delegated to the Assistant Director – Growth, Climate and Regeneration to grant permission for application WNS/2021/1091/MAF subject to:

 

1.    The resolution of outstanding matters and no objections from the Lead Local Flood Authority.

 

2.    The completion of a Planning Obligation under Section 106 (unilateral undertaking) of the Town and County Planning Act 1990 (as substituted by the Planning and Compensation Act 1991) to secure the following:

 

a)     Payment of a financial contribution towards the West Northamptonshire Employment Support Service (WNESS) of £25,500.00.

 

3.    The following conditions (and any amendments to those conditions as deemed necessary):

 

CONDITIONS

 

TIME LIMITS AND GENERAL IMPLEMENTATION CONDITIONS

 

Time Limit

 

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

         

          Reason : To comply with the provisions 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 shall not be carried out otherwise than in complete accordance with the approved plans and details unless a non-material or minor material amendment is approved by the Local Planning Authority under the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended). The approved plans and details are: 

         

          • Site Location Plan Drg No 041.80.01 Rev C dated 21.10.20

          • Proposed Site Layout Plan Drg No 041.80.05 dated 21.10.2020

          • Proposed Wider Area Site Layout Fencing Drg No 041.80.04 FG dated 02.07.2021

          • Proposed Wider Area Site Layout Drg No 041.80.04 dated 04.05.2021

          • Proposed Floor and Roof Plans Block A Drg No 041.80.12 dated 10.05.2021

          • Proposed Floor and Roof Plans Block B Drg No 041.80.13 dated 10.05.2021

          • Proposed Floor and Roof Plans Block C Drg No 041.80.14 dated 10.05.2021

          • Proposed Floor and Roof Plans Block D Drg No 041.80.15 dated 10.05.2021

          • Proposed Elevations Sheets 1 and 2 Drg Nos 041.80.10 and 041.80.11 dated 05.02.2021  

          • Proposed Site Sections Drg Nos 014.80.19 and 041.80.20 Rev A dated 06.05.2021 and 02.02.2021 respectively

          • Soft Landscaping Planting Plan Drg no 04 dated 06.2021

          • Schedule of External Materials dated 28th June 2021

          • External Lighting Assessment 6096-CBC-AS-LA-001-REV002

          • Energy and Sustainability Statement dated 13th July 2021 ref 6096-CBC-HM-RP-Z-001-P04

          • Framework Travel Plan June 2021

·  Construction Environmental Management Rev 2 received 29th September 2021

·  Phase I/II Geo-environmental site assessment 414334.0000.0000 dated December 2020 prepared by TRC Companies Ltd

         

          Reason : To clarify the permission and for the avoidance of doubt.

 

          Compliance with ecological appraisal

 

3.      The development hereby permitted shall be carried out in accordance with the recommendations set out in the Ecological Appraisal by Ecology Solutions dated July 2021 unless otherwise agreed in writing by the Local Planning Authority.

         

          Reason : To protect habitats and/or species of importance to nature conservation from significant harm in accordance with the Government's aim to achieve sustainable development as set out in Section 15 of the National Planning Policy Framework.

 

          Dust mitigation measures

 

4.      The development shall proceed in accordance with the construction dust mitigation measures outlined in paragraph 6.1 of the Air Quality Assessment ref 437651.0000.0000 prepared by TRC dated July 2021.

         

          Reason: To minimise potential adverse impacts from construction dust in accordance with Policy SS2 of the South Northamptonshire Local Plan Part 2.

 

          BREAAM Standard

 

5.      The development hereby permitted shall be constructed to at least a BREEAM Very Good standard. 

         

          Reason : To ensure energy and resource efficiency practices are incorporated into the development in accordance with the Government's aim to achieve sustainable development as set out in the National Planning Policy Framework.

 

          CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BEFORE ANY DEVELOPMENT COMMENCES

 

          Revised protected species survey if necessary

 

6.      If the development hereby approved does not commence by May 2023 a revised protected species survey shall be undertaken prior to the commencement of the development to establish changes in the presence, abundance and impact on protected species. The survey results, together with any necessary changes to the mitigation plan or method statement shall be submitted to and approved in writing the Local Planning Authority prior to commencement of development. Thereafter, the development shall be carried out in accordance with the approved details.

         

          Reason : To ensure that the development does not cause harm to any protected species or their habitats in accordance with Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

 

          Finished floor levels

 

7.      The Finished Floor Level (FFL) for the buildings as constructed shall not exceed a level above Ordnance Datum (AOD) of 105.1 metres for units 1-7 and 105.7 metres for units 8-14.

         

          Reason : In order to safeguard the visual amenities of the area in accordance with advice within Section 12 of the National Planning Policy Framework. This information is required prior to commencement of the development as it is fundamental to the acceptability of the scheme.

 

          CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BY DEVELOPER BEFORE SPECIFIC CONSTRUCTION WORKS TAKE PLACE

 

Fire hydrants

 

8.      A scheme and timetable detailing the provision of fire hydrants, sprinkler systems and their associated infrastructure shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any above ground works. The fire hydrants, sprinkler systems and associated infrastructure shall thereafter be provided in accordance with the approved scheme and timetable.

         

          Reason: To ensure adequate water infrastructure provision is made on site for the local fire service to tackle any property fire. 

         

          Unexpected contamination

 

9.      If, during development, contamination not previously identified is found to be present at the site, no further development shall be carried out until full details of a remediation strategy detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority. Thereafter the remediation strategy shall be carried out in accordance with the approved details.

         

          Reason: To ensure that any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use, to comply with Policy SS2 of the South Northamptonshire Local Plan, Policy BN9 of the West Northamptonshire Joint Core and Section 15 of the National Planning Policy Framework.

 

          Landscaping maintenance

 

10.    All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the building(s) or on the completion of the development, whichever is the sooner, and shall be maintained for a period of 5 years from the completion of the development. Any trees and/or shrubs 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 similar size and species, unless the Local Planning Authority gives written consent for any variation.

         

          Reason : To ensure that the agreed landscaping scheme is maintained over a reasonable period that will permit its establishment in the interests of visual amenity and to accord with Policies SS2 of the South Northamptonshire Local Plan and Government guidance contained within the National Planning Policy Framework.

          Broadband

 

11.    Each building shall be provided with the necessary services to enable the provision of high speed broadband (no less than 100mbs).

         

          Reason : To facilitate information delivery in accordance with Government guidance contained within the National Planning Policy Framework. The vision for West  Northamptonshire is to be at the leading edge of the global digital economy. To meet this challenge there is a target of 40% full fibre connectivity by December 2023. To deliver on this, it is essential that new developments (both housing and commercial) are served by high quality full fibre networks.

 

          EV Charging

 

12.    The development hereby approved shall be provided with one EV dual-charging point serving 2 EV parking spaces marked out for use by electric vehicles only for each commercial unit. At least 8 of the EV parking bays should be served by DC fast charging equipment or equivalent charging equipment providing no less standard of efficiency.

         

          Reason : As proposed in the applicant's Transport Assessment and to comply with Policy S10 of the West Northamptonshire Joint Core Strategy and Policy INF4 of the South Northamptonshire Local Plan Part 2, and to maximise opportunities for sustainable transport modes in accordance with paragraph 110(e) of the National Planning Policy Framework.

 

          CONDITIONS REQUIRING LOCAL PLANNING AUTHORITY WRITTEN APPROVAL OR TO BE COMPLIED WITH BY DEVELOPER BEFORE OCCUPATION

 

          Cycle parking

 

13.    Prior to the first occupation of the development hereby permitted, covered and secure cycle parking facilities for at least 40 bicycles shall be provided on the site in accordance with details to be first submitted to and approved in writing by the Local Planning Authority.  The covered cycle parking facilities so provided shall thereafter be permanently retained and maintained for the parking of cycles in connection with the development.

         

          Reason :  In the interests of promoting sustainable transport modes in accordance with Government advice in the National Planning Policy Framework.

         

          Noise assessment

 

14.    The rating level of noise emitted from fixed plant and equipment installed at the approved development site shall not exceed the background noise level determined to be L_{A90 (1 hour)} 55 dB(A) between 07:30 hours to 18:00 hours, and 36 L_{A90 (1 hour)} dB(A) between 23:00 hours to 07:00hrs. The noise  levels shall be determined at the nearest noise sensitive properties NSR 1 – Winston Crescent (E), NSR 2 – Winston Crescent (W) , NSR 3 – Churchill Way (E) NSR 4 – Churchill Way (W) as detailed on the plan attached to this decision notice. The measurements and assessment shall be made according to BS 4142:+A1:2019 Method for Assessing & Rating Industrial & Commercial Sounds.

 

          Reason : To ensure the creation of a satisfactory environment free from intrusive levels of noise and to comply with advice in the National Planning Policy Framework, Noise Policy Statement for England, Planning Practice Guidance regarding Noise, and Policy SS2 of the South Northamptonshire Local Plan Part 2.

 

          CONDITIONS TO BE COMPLIED WITH AT ALL TIMES

 

          Use classes

 

15.    The employment units hereby permitted shall be used only for employment/industrial uses falling within Use Classes E (g) (iii), B2 and B8 and for no other purpose whatsoeverof 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, amending or re-enacting that order.

         

          Reason : To ensure the buildings are retained for employment uses in accordance with relevant development plan policies and given the nature of surrounding uses and to ensure sufficient on-site parking is provided in the interests of highway safety and to accord with Policies SS2 and EMP2 of the South Northamptonshire Local Plan, Policy B1 of the West Northants Joint Core Strategy and the Brackley Masterplan 2011.