Agenda item

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

The Committee considered application WNS/2021/2003/MAF for the construction of a building to provide 3,620sq.m GIA of B2/B8 floorspace with ancillary office floorspace (Class E) alongside associated loading bays, parking and landscaping at Land North East of Old Tiffield Road, Towcester for Hampton Brook (UK) Ltd.

 

Colin Armstrong, Agent for the Applicant and Martin Andrews, a Transport Consultant appointed by Hampton Brook (UK) Ltd, addressed the Committee in support of the application, with the Transport Consultant addressing a number of technical questions regarding the modelling of daily vehicle movements both into, and out of, the site.

 

Councillors Maggie Clubley and Lisa Samiotis, local ward members for Towcester and Roade, addressed the Committee in objection to the application.

 

It was proposed by Councillor Ken Pritchard and seconded by Councillor Karen Cooper that the application be approved, subject to the addition of a condition (Condition 25) that the GIA Floorspace of the proposed development comprising 2,042sq.m of use class B8, 1,200sq.m of use class B2, and 378sq.m of use class E be maintained once the building is in use.

 

The motion was approved with five votes in favour, and four votes against, therefore the motion was carried.

 

Resolved

 

(1)  That authority be delegated to the Assistant Director – Growth, Climate and Regeneration to grant permission for application WNS/2021/2221/MAF subject to the following conditions (and any amendments to those conditions as deemed necessary):

 

CONDITIONS

 

        TIME LIMITS AND GENERAL IMPLEMENTATION CONDITIONS

 

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.

 

        Plans & Details

2.     Development shall not be carried out otherwise than in accordance with the approved plans and details:

       

        Location and Building Plans

        Location Plan 3774/PL/04 Rev A

        Proposed Site Layout 3774/PL/SK100 Rev B

        Proposed Floor Plans 3774/PL/SK101

        Proposed Roof Plan 3774/PL/SK102

        Proposed Elevations 3774/PL/SK103

        Proposed Street Scene 3774/PL/SK104 Rev A

        Proposed External Materials 3774/PL/SK105 Rev B

        Proposed Contractors Compound Location 3774/PL/SK106 Rev A

        Proposed Chiller Compound 3774/PL/SK74

        Proposed Recycling Compound 3774/PL/SK75

        Proposed Cycle Shelter 3774/PL/SK76 rev A

       

        Drainage and Construction Plans

        Drainage Layout 6228-50 Rev T1

        Drainage Details Sheet 1 of 3 6228-17 Rev P1

        Drainage Details Sheet 2 of 3 6228-18 Rev P1

        Drainage Details Sheet 3 of 3 6228-19 Rev P1

        Levels Strategy 6228-16 Rev P3

        Topographical Survey 9056a

        BREEAM Pre Assessment 2245-YON-XX-XX-RP-Z-3100-01

       

        Tree and Landscape Plans

        Pre Development Tree Survey 535-20 Rev 1

        Tree Constraints Plan 2088-20-11

        Tree Retention, Protection, Removal plan 2088-20-12

        Landscape Concept 2088-20-13

        Landscape Sections 2088-20-14

       

        Highways Plans

        Transport Assessment No.2 6228-R004 dated March 2022

        Interim Work Place Travel Plan 6228-R002 rev C

        S278 Works 6228-20 Rev P3

        S278 Works Details 6228-21 Rev P2

        Vehicle Tracking 6228-30 rev P1

        Vehicle Tracking 6228-31 Rev P2

       

        Archaeology

        Archaeology Desk Based Assessment Part A JAC 266648 Version 3

        Archaeology Desk Based Assessment Part B JAC 266648 Version 3

         

        Documents and Reports

        Flood Risk Assessment 6228-R003 rev E

        Supplementary Ground Investigation Part A 19.03.023 May 2019

        Supplementary Ground Investigation Part B 19.03.023 Index Maps

        Ecological Appraisal 5504 EcoAp vf1

        External LED Lighting Assessment 20-191 Rev 6

        External LED Lighting 20-191-EX-001 Rev PL8

        Air Quality Assessment AQ051757 V4

        Operational Noise Impact Assessment REP-1012556-05-AM-20210505 Rev 2

       

        unless a non-material or minor material amendment is approved by the Local Planning Authority under the Town and Country Planning Act 1990 (as amended) and the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended). 

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

 

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

 

        Construction Method Statement

3.          No development shall take place, including any works of demolition until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority. The statement shall provide for at a minimum:

 

•     the parking and turning of vehicles of site operatives and visitors;

•     loading and unloading of plant and materials;

•     storage of plant and materials used in constructing the development;

•     the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

•     details of measures to prevent mud and other such material migrating onto the highway from construction vehicles;

•     wheel washing facilities;

•     measures to control the emission of dust and dirt during construction;

•     a scheme for waste minimisation and recycling/disposing of waste resulting from the construction works.

•     design of construction access

•     measures to control overspill of light from security lighting

•    construction traffic operational times (to be outside local peak periods)

•     a nominated Developer/Resident Liaison Representative with an address and contact telephone number to be circulated to those residents consulted on the application by the developer’s representatives. This person will act as first point of contact for residents who have any problems or questions related to the ongoing development.

     

        The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

       

        Reason : To ensure the environment is protected during construction in accordance with Policy SS2 of the South Northamptonshire Local Plan 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.

 

Archaeological Reporting

4.          Within 6 months of the completion of the archaeological fieldwork in accordance with the written scheme of investigation prepared by MOLA Northampton, by Mo Muldowney dated January 2022, the applicant (or their agents or successors in title) shall submit to the local planning authority for its written approval an archaeological report comprising a post-excavation assessment and analysis.

 

        Reason: To secure the provision of archaeological investigation and the subsequent recording of the remains, to comply with Government advice in Section 16 the National Planning Policy Framework and with Policy HE2 of the South Northamptonshire Local Plan.

       

        Archaeological Archive

5.     Within 2 years of the completion of the archaeological fieldwork in accordance with the approved WSI by MOLA Northampton, dated January 2022, the applicants (or their agents or successors in title) shall prepare the site archive and complete an archive report together with details of the store at which this is to be deposited.

       

        Reason: To secure the provision of archaeological investigation and the subsequent recording of the remains, to comply with Government advice in Section 16 the National Planning Policy Framework and with Policy HE2 of the South Northamptonshire Local Plan

       

 

6.     Plant and Equipment Noise Assessment

        Prior to the installation of any fixed plant or machinery, a scheme shall be submitted to and approved in writing by the Local Planning Authority

        to demonstrate that the rating level of sound emitted from any fixed plant and/or machinery associated with the development shall not exceed a level 5dB (A) below the existing background sound levels at any sound sensitive premises.

        All measurements shall be made in accordance with the methodology of BS4142 (2014) (Method for rating and assessing industrial and commercial sound)

        and/or its subsequent amendments. The approved scheme shall be implemented prior to the installation of the fixed plant or machinery.

 

        Reason : To ensure the creation of a satisfactory environment free from intrusive levels of noise in accordance with Policy SS2 of the South Northamptonshire Local Plan.

       

        Plant and Equipment Noise Assessment

7.     Prior to, and within two months of, the commencement of the development, the site shall be thoroughly checked by a suitably qualified ecologist to ensure that no protected species, which could be harmed by the development, have moved on to the site since the previous surveys were carried out. Should any protected species be found during this check, full details of mitigation measures to prevent their harm shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved mitigation scheme.

       

        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.

 

        Local Labour Strategy

8.     No development shall commence above slab level until a Local Labour Strategy is submitted to and approved in writing by the Local Planning Authority. The Local Labour Strategy will be implemented in accordance with the approved details.

       

        Reason: In the interests of supporting economic growth and sustainability in accordance with the NPPF.

 

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

 

        Surface Water Verification Report

9.     No Occupation shall take place until a Verification Report for the installed surface water drainage system for the site based on the approved Flood Risk Assessment ‘6228-R003-FRA- Rev E’ has been submitted in writing by a suitably qualified independent drainage engineer and approved by the Local Planning Authority.

       

        The details shall include:

        a) Any departure from the agreed design is keeping with the approved principles

        b) As-Built Drawings and accompanying photos

        c) Results of any Performance testing undertaken as a part of the application process (if required / necessary)

        d) Copies of any Statutory Approvals, such as Land Drainage Consent for Discharges etc.

        e) CCTV Confirmation that the system is free from defects, damage and foreign objects.

       

        Reason: To ensure the installed Surface Water Drainage System is satisfactory and in accordance with the approved reports for the development site, to comply with Policy SS2 of the South Northamptonshire Local Plan, Policy BN7 of the West Northamptonshire Joint Core Strategy and Government advice in the National Planning Policy Framework.

       

        S278 Highway Works

10.   Prior to development above slab level, the works to improve the vehicle crossover points and visibility splays at the existing bellmouth and new signage and markings for cyclists shall be undertaken in accordance with an approved S278 agreement, which has previously been submitted to and approved in writing by the Local Highway Authority.

       

        Reason : To accord with Government Guidance in Section 12 of the National Planning Policy Framework and Policy SS2 of the South Northamptonshire Local Plan which requires that development shall have a satisfactory means of access and in the interests of highway safety and the convenience of users of the adjoining highway.

 

        Landscape Maintenance

11.   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 occupation of the building(s) [or on the completion of the development, whichever is the sooner,] [or in accordance with any other program of landscaping works previously approved in writing by the Local Planning Authority] 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.

 

        CONDITIONS TO BE COMPLIED WITH AT ALL TIMES

 

        Travel Plan

12.   The Interim Workplace Travel Plan (report reference 6228-R002-C) by BCAL Consulting dated November 2021 shall be implemented and operated in accordance with the approved details, at first occupation and thereafter of the development hereby approved.

       

        Reason : In the interests of sustainability and to ensure a satisfactory form of development, in accordance with Government advice in the National Planning Policy Framework.

 

        Ecology

13.   The development hereby permitted shall be carried out in accordance with the mitigation, recommendations and enhancements in section 6 of the Ecological Appraisal, by Aspect Ecology, dated May 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.

 

       

 

Construction Hours

14.   No construction work including site clearance and delivery of materials shall be carried out except between the hours of 08:00 to 18.00 Monday to Friday and 08.00 to 13.00 on Saturdays and at no times on Sundays, Bank and Public Holidays, without the prior written consent of the Local Planning Authority. .  Any works which are associated with the generation of ground borne vibration are only to be carried out between the hours of 08:00 and 18:00 Monday to Friday.

       

        Demolition and construction work and associated activities are to be carried out in accordance with the recommendations contained within British Standard 5228:2009, "Code of practice for noise and vibration control on construction and open sites", Parts 1 and 2.

       

        Reason : In order to protect the amenities of occupiers of nearby properties from noise outside normal working hours and to comply with  Policy SS2 of the South Northamptonshire Local Plan.

 

        Lighting Strategy

15.   The development hereby permitted shall be carried out in accordance with the recommendations set out in section 2.0 of the External LED Lighting Assessment Report by mba consulting engineers dated November 2021 unless otherwise agreed in writing by the Local Planning Authority.

       

        Reason : To ensure the creation of a satisfactory environment free from intrusive levels of light in accordance with Policy SS2 of the South Northamptonshire Local Plan.

 

        Noise Strategy

16.   The development hereby permitted shall be carried out in accordance with the recommendations set out in section 9 of the Operational Noise Impact Assessment by Hoare Lea dated 5 May 2021 unless otherwise agreed in writing by the Local Planning Authority.

       

        Reason : To ensure the creation of a satisfactory environment free from intrusive levels of noise in accordance with Policy SS2 of the South Northamptonshire Local Plan.

 

17.   Restrictions of Use

        Any premises first used for purposes within Class B1(a), B1(b), B1(c), B2, and B8 shall thereafter only be used for those purposes as specified in the Schedule to the Town and Country Planning (Use Classes) Order 1987 as that Order applied in England on 31 August 2020 and for no other purpose(s) whatsoever.

 

        Reason: To ensure proper planning control of the uses on site, to ensure compliance with Transport Assessment, to protect the amenities of nearby residents, to safeguard and to ensure adequate provisions of access and parking and to accord with Policy SS2 of the South Northamptonshire Local Plan and Government guidance contained within the National Planning Policy Framework.

 

        Site Clearance

18.   Where an offence under Regulation 41 of the "The Conservation of Habitats and Species Regulations 2017 (as amended) is likely to occur in respect of the development hereby approved, no works of site clearance, demolition or construction shall take place which are likely to impact on bat species and great crested newts until a licence to affect such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been submitted to the Local Planning Authority.

 

        Reason : To protect habitats of importance to biodiversity conservation from any loss or damage in accordance with Policy BN2 of the West Northamptonshire Joint Core Strategy, Policy NE5 of the South Northamptonshire Local Plan and Government guidance contained within Section 15 of the National Planning Policy Framework.

         

        Native Species

19.   All species used in the planting proposals associated with the development shall be native species of UK provenance.

       

        Reason : To conserve and enhance biodiversity and prevent the spread of non-native species in accordance with Policy BN2 of the West Northamptonshire Joint Core Strategy and Government guidance contained within Section 15 of the National Planning Policy Framework.

 

20.   Land Contamination

        If, during development, contamination not previously identified is found to be present at the site, development will cease within that area of the site, 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 and Government guidance contained within the National Planning Policy Framework

       

21.   External Storage

        Following the first occupation of each building on the site, no goods, materials, plant or machinery shall be stored, repaired, operated or displayed outside the buildings.

 

        Reason : In order to safeguard the visual amenities of the area and to ensure adequate parking and manoeuvring space within the site in accordance with Policy SS2 of the South Northamptonshire Local Plan and Government guidance contained within the National Planning Policy Framework.

       

22.   Sustainability

        The development hereby permitted shall be constructed to at least a BREEAM 'Very Good' standard, or any future national equivalent standard that replaces it.

 

        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 and to comply with Policy S11 of the West Northamptonshire Joint Core Strategy.

 

23.   Refrigerated Trailers

        In the event that refrigerated trailers operate from the site, all HGV waiting and loading bays necessary to park the refrigerated trailers shall be provided with electrical hook up points to allow refrigerated trailers to operate without using their diesel engines when stationary. Any hook up points required by this condition shall be provided prior to first use of the site by refrigerated vehicles and thereafter be maintained in a serviceable condition for the lifetime of such vehicular activities taking place on the site.

 

        Reason : To ensure the creation of a satisfactory environment free from intrusive levels of noise in accordance with Policy SS2 of the South Northamptonshire Local Plan and Government guidance contained within the National Planning Policy Framework

       

        Soil Importation

24.   In the event that it is proposed to import soil onto site in connection with the development, the soil to be imported shall be sampled at source and analysed in a laboratory that is accredited under the MCERTS Chemical Testing of Soil Scheme for all parameters previously agreed in writing with the local planning authority, the results of which shall be submitted to and shall be approved in writing with the local planning authority.

       

        Reason : To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised and pollution reduced in accordance with policy BN9 of the West Northamptonshire Joint Core Strategy.

 

        GIA Floorspace Split

25.   The development hereby approved shall be implemented and thereafter maintained in accordance with the following GIA floorspace split; Class B2 1200sqm, Class B8 2042sqm and Class E (g) 378sqm. Any premises first used for purposes within Class B2 and B8 with ancillary Class E (g) shall thereafter only be used for those purposes as specified in the Schedule to the Town and Country Planning (Use Classes) Order 1987 as that Order applied in England on 31 August 2020 and for no other purpose(s) whatsoever.

 

Reason: To ensure proper planning control of the uses on site, to ensure compliance with Transport Assessment, to protect the amenities of nearby residents, to safeguard and to ensure adequate provisions of access and parking and to accord with Policy SS2 of the South Northamptonshire Local Plan and Government guidance contained within the National Planning Policy Framework.