Agenda item

Consideration was given to planning application 22/1387/FUL, Land at the South East Corner of Wynyard Business Park , Wynyard.

 

Planning permission was sought for the erection of mixed-use development to include Use Classes E, B2, B8 and Sui Generis and the provision of associated access, car parking, servicing areas, landscaping, enclosures, drainage, and infrastructure.

 

The application site laid within an area designated in the Adopted Stockton Local Plan for general employment use. Policy EG1(c) identified 37ha of land at Wynyard as a high quality strategic inward investment location for office (B1 Use Class) manufacturing and engineering (B2 Use Class) and logistics use (B8 Use Class) providing opportunities for major employers to locate to the Tees Valley. The B2 and B8 uses were therefore considered to be compliant with the allocated use. However, the proposed supermarket, drive thru’s and battery storage would be considered to be a departure from the Local Plan. It was this departure which required the application to be presented to planning committee.

 

The Wynyard Masterplan, adopted in November 2019, was prepared in support of Local Plan Policy H3 'Wynyard Sustainable Settlement’. Its purpose was to provide a comprehensive approach to the delivery of the Local Plan allocations in both Stockton and Hartlepool, guiding future development to deliver the vision for a sustainable settlement at Wynyard.

 

Whilst the site would result in a partial departure, it was of note that the site benefited from an extent permission in 2008 (08/0538/REM) for 97,135sqm of B1 space, 15,171 sqm of B8 space and 4, 644sqm B2 space. Whilst a lawful start was made the application had never progressed beyond its implementation.

 

The application had sought to demonstrate that the partial loss of employment land would not undermine the Local Plan aspirations to deliver high quality strategic inward investment opportunities for major employers to locate to the Tees Valley. Officers were satisfied that the provision of out of centre retail provision would not have a significant adverse impact upon existing centres.

 

Whilst not in strict accordance with the Local Plan and Masterplan it was considered that the proposed development would not undermine the Local Plan and would still have significant employment benefits to the Borough through the development of this site.

 

The consultees that had been notified and the comments that had been received were detailed within the main report.

 

Neighbours were notified and the comments received were detailed within the main report.

 

The planning policies and material planning considerations that were relevant to the consideration of the application were contained within the main report.

 

The Planning Officers report concluded that in view of the considerations outlined within the Officers report, it was considered that there were no adverse impacts which significantly and demonstrably outweighed the benefits of granting planning permission in this case. Members were advised that as part of the application was a departure from the development plan it had been referred to the Secretary of State to decide whether to call the application in. It was therefore recommended that the Planning Committee be minded to approve the application for the reasons specified within the main report subject to a call-in by the Secretary of State and the section 106.

 

The Applicants Agent was in attendance at the meeting and given the opportunity to make representation. Their comments could be summarised as detailed below:

 

. Wynyard was a major location within the Councils Local Plan and in order to grow a sustainable settlement for residents, the proposed facilities were much needed

 

. The proposed development’s location was adjacent to a business park, allowing for workers to make link trips for shopping before or after the working day

 

. In the longer term, as the development became established, there was capacity for more trips to take place on the local road network

 

. Although the application proposed battery storage, which was a departure from the Local Plan, there would be an opportunity for investment into renewable energy

 

. The development posed no adverse impacts and there had been no negative comments from local residents

 

Members were given the opportunity to ask questions / make comments. These could be summarised as follows: -

 

. Questions were raised relating to the Heads of Terms within the Officers recommendation which stated ‘Off Site Biodiversity Gain’ and what those plans would be

 

Officers were given the opportunity to respond to comments/issues raised. Their responses could be summarised as follows: -

 

. The application had been received prior to Biodiversity Net Gain, however policy ENV5 did require an uplift but did not specify exactly how much. The developer had submitted a scheme for off site gain which complied with policy ENV5 and would be secured via a S106 agreement.

 

A vote took place and Members confirmed they were minded to approve the application.

 

RESOLVED that Members be minded to approve planning application 22/1387/FUL subject to the following conditions and informatives and subject to the applicant entering into a Section 106 Agreement in accordance with the detailed Heads of Terms below and subject to call-in by the Secretary of State;

 

Time Limit

01The development hereby permitted shall be begun before the expiration of Three years from the date of this permission.

 

Approved Plans

02 The development hereby approved shall be in accordance with the following approved plan(s);

 

Plan Reference Number                Date Received

1952-99 F                                          30 January 2024

200652 PL-03AC                             30 January 2024

200652 PL-07A                                1 June 2023

200652 PL-08B                                1 June 2023

200652 PL-11B                                11 May 2023

200652 PL-12B                                11 May 2023

200652 PL-13J                                 11 May 2023

PL-06D                                              15 June 2022

PL-03M                                              15 June 2022

PL-04D                                              15 June 2022

PL-05B                                               15 June 2022

PL-11                                                 15 June 2022

PL-12A                                               15 June 2022

PL-13E                                               15 June 2022

PL-14                                                 15 June 2022

PL-15                                                 15 June 2022

 

Use: Drive Thru

03 Notwithstanding the provisions of the Town and Country Planning Use Classes Order 2015 (as amended) (or any order revoking and re-enacting that order), the development (Drive Thrus) hereby approved shall be used specifically for Class E(b) and for no other use.

 

Use: Supermarket

04 Notwithstanding the provisions of Part 3, of Schedule 2 of the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2015 (or any order revoking and re-enacting that Order) the development (foodstore) hereby approved shall have a maximum net retail floor space (net sales area) of 2,787 sqm. In addition no more than 30% of the permitted retail floor area shall be used for the sale of comparison goods. For the purposes of this condition comparison goods are items not obtained on a frequent basis, including clothing, footwear, household and recreational goods.

 

Use B2/B8

05 Notwithstanding the provisions of the Town and Country Planning Use Classes Order 2015 (as amended) (or any order revoking and re-enacting that order), the development (commercial units – block C) hereby approved shall be used specifically for Class B2 and/or B8 and for no other use.

 

 

 

No subdivision/ amalgamation

06 The development hereby approved shall not be sub-divided into smaller unit or combined to form larger independent units without the prior written consent of Local Planning Authority and shall therefore be retained as such notwithstanding, the provisions of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that order).

 

Travel Plan

07 No part of the development hereby approved shall be occupied unless and until a detailed Travel Plan has been submitted to and approved in writing by the Local Planning Authority (in consultation with National Highways or its successors). The Travel Plan shall be developed to accord with the principles set out in the Framework Travel Plan. The Detailed Travel Plan shall thereafter be implemented.

 

Construction Traffic Management Plan

08 Construction of no part of the development hereby approved shall commence unless and until a Construction Traffic Management Plan (CTMP) has been submitted to and agreed in writing by the Local Planning Authority (in consultation with National Highways or its successors). Construction of the development shall thereafter be carried out in accordance with the agreed Construction Traffic Management Plan.

 

Electric Vehicle Charging

09 Notwithstanding the submitted information, full details of the type, number and location of all electric charging points shall be submitted to and be agreed in writing with the Local Planning Authority. The charging points shall be provided prior in accordance with the agreed details and installed prior to any part of the development, hereby approved, becoming operational. Thereafter these shall be maintained for the lifetime of the development.

 

Construction Environment Management Plan

10 Prior to the commencement of the development hereby approved, a detailed site specific Construction Environmental Management Plan for each phase is to be submitted and agreed in writing by the Local Planning Authority. This shall include details of all proposed excavations, piling, construction, machinery used (including location) and associated mitigations should be submitted in accordance with BS 5228:1997. This should also include all measures to be undertaken to protect habitats and wildlife during the construction phase of the development identified in the submitted Ecological Impact Assessment Report (Received 15 June 2022) Once approved the CEMP Plan shall be adhered to throughout the construction period.

 

Contaminated Land Risk Assessment

11 No development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme 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:

 

• A site investigation scheme, based on the submitted desk top study (Ref: NT15280, March 2021) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

• An options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

• 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 are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

This must be conducted in accordance with DEFRA and the Environment Agencies "Land Contamination Risk Management" guidance (2020). Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

 

Unexpected Land Contamination

12 In the event that contamination is found at any time when carrying out the approved development that was not previously identified, works must be halted on that part of the site affected by the unexpected contamination and it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken to the extent specified by the Local Planning Authority prior to resumption of the works. Following completion of measures identified in the approved remediation scheme, a verification report must be submitted in writing and approval by the Local Planning Authority.

 

Construction Hours

13 No construction/building works or deliveries associated with the construction phase of the development shall be carried out except between the hours of 8.00am and 6.00pm on Mondays to Fridays and between 8.00am and 1.00pm on Saturdays. There shall be no construction activity (including demolition) outside of these hours or on Sundays or on Bank Holidays without the prior consent of the Local Planning Authority having first been obtained.

 

Discharge of Surface Water

The development hereby approved shall not be commenced on site, until a scheme for the implementation, maintenance and management of Sustainable Surface Water Drainage Scheme has first been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details, the scheme shall include but not be restricted to providing the following details;

 

i. A build program and timetable for the provision of the critical surface water drained infrastructure ;

 

ii.A management plan detailing how surface water runoff from the site will be managed during the construction phase;

 

Discharge of Surface Water

14 The buildings hereby approved shall not be brought into use until:-

 

I. Requisite elements of the approved surface water management scheme for the development, or any phase of the development are in place and fully operational to serve said building;

 

II. A site-specific management and maintenance plan of the approved Surface Water Drainage scheme has been submitted and approved in writing by the Local Planning Authority, this should include the funding arrangements and cover the lifetime of the development.

 

Site Levels

15 Prior to the commencement of the development, details of the existing and proposed levels of the site including the finished floor levels of the buildings to be erected, cross sections and any earth retention measures (including calculations where such features support the adopted highway) shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

 

Soil Management

16 Prior to the commencement of each phase of the development, no development shall be commenced until the Local Planning Authority has approved in writing the details of a soil management plan. The plan shall indicate how and where soils will be stripped, and their temporary storage during the works. Details shall describe the height, width, length and location on site of all such mounding together with any temporary seeding.

 

Landscaping - Hardworks

17 No development shall commence until full details of proposed hard landscaping has been submitted to and approved in writing by the Local Planning Authority.

 

This shall include all external finishing materials, finished levels, and all construction details confirming materials, colours, finishes and fixings. The scheme shall be completed to the satisfaction of the Local Planning Authority and in accordance with the approved details within a period of 12 months from the date on which the development commenced or prior to the occupation of any part of the development. Any defects in materials or workmanship appearing within a period of 12 months from completion of the total development shall be made-good by the owner as soon as practicably possible.

 

Landscaping - Softworks

18 No development shall commence until full details of Soft Landscaping has been submitted to and approved in writing by the Local Planning Authority.

 

This will be a detailed planting plan and specification of works indicating soil depths, plant species, numbers, densities, locations inter relationship of plants, stock size and type, grass, and planting methods including construction techniques for tree pits in hard surfacing and root barriers. All works shall be in accordance with the approved plans.

 

All existing or proposed utility services that may influence proposed tree planting shall be indicated on the planting plan. The scheme shall be completed in the first planting season following:

 

Commencement of the development;

or agreed phases;

or prior to the occupation of any part of the development;

and the development shall not be brought into use until the scheme has been completed to the satisfaction of the Local Planning Authority.

Enclosure

19 Notwithstanding the proposals detailed in the Design and Access Statement/ submitted plans, (whichever is applicable) prior to the commencement of development, details of the enclosure shall be submitted to and approved in writing by the Local Planning Authority. Such means of enclosure shall be erected before the development hereby approved is occupied.

 

Scheme for Illumination

20 Prior to the commencement of development full details of the method of external LED illumination:

• Siting;

• Angle of alignment;

• Light colour; and

• Luminance of buildings facades and external areas of the site, including parking courts,

 

shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and the lighting shall be implemented wholly in accordance with the agreed scheme prior to occupation.

 

Soft Landscape Management and Maintenance

21 No development shall commence until full details of proposed soft landscape management has been submitted to and approved in writing by the Local Planning Authority.

 

The soft landscape management plan shall include, long term design objectives, management responsibilities and maintenance schedules, replacement programme for all landscape areas including retained vegetation, maintenance access routes to demonstrate operations can be undertaken from publicly accessible land, special measures relating to the time of year such as protected species and their habitat, management of trees within close proximity of private properties etc. This information shall be submitted to and approved in writing by the Local Planning Authority.

 

Any vegetation within a period of 5 years from the date of from the date of completion of the total works that is dying, damaged, diseased or in the opinion of the LPA is failing to thrive shall be replaced by the same species of a size at least equal to that of the adjacent successful planting in the next planting season.

 

Landscape maintenance shall be detailed for the initial 5year establishment from date of completion of the total scheme regardless of any phased development period followed by a long-term management plan for a period of 20 years. The landscape management plan shall be carried out as approved.

 

Protection of Highway

22 No development shall be commenced until the Local Planning Authority has approved in writing the details of arrangements for the protection of the adopted highway, from tree root damage where trees are planted within 2m.

 

Buffer Planting

23 Buffer planting to the eastern and south eastern boundary shall be planted early in the development works and protected for the duration of construction. Planting shall be undertaken prior to commencement, or in the first planting season after works have commenced on site to ensure early establishment of vegetation.

Energy Statement

24 The development hereby approved shall be built out in accordance with the recommendations as detailed within the Energy Statement as received by the Local Planning Authority on the 15 June 2022.

 

Ecology

25 The development hereby approved shall only be undertaken on site in accordance with the recommendations and mitigation as detailed within the submitted Ecological Impact Assessment Report (Received 15 June 2022)

 

INFORMATIVE OF REASON FOR PLANNING APPROVAL

LLFA: Information required to satisfy this condition

Detailed site-specific SuDS Management and Maintenance Plan which addresses all the information contained within the attached template.

 

NWL: Foul

We can inform you that a public foul sewer crosses the site and may be affected by the proposed development. Northumbrian Water does not permit a building over or close to our apparatus. We will work with the developer to establish the exact location of our assets and ensure any necessary diversion, relocation or protection measures required prior to the commencement of the development. This is an informative only and does not materially affect the consideration of the planning application.

Further information is available at https://www.nwl.co.uk/services/developers/

 

NWL: Discharge

Please note that the site lies within drainage area 11-D49. This drainage area discharges to Billingham Sewerage Treatment Works, which is named on the Nutrient Neutrality Budget Calculator

 

Northern Gas

There are specific building proximity distances for individual pipelines, which are dependent on pre-defined risk levels and the type of development. If your proposal includes the construction of buildings, it is essential you contact Kristian Ainsworth on telephone number 07773 545 806. Kristian is the pipeline technician.

 

Informative: Sabic

Should any work within 50 metres (notification zone as required by operators of Major Accident Hazard Pipelines) is to be carried out, as this would need approval from ourselves before any work is commenced.

 

Informative: Secure by Design

Prior to the commencement the developer is advised to contact the Crime Prevention & Architectural Liaison Officer to discuss how Secure by Design principles can be incorporated into the scheme.

 

HEADS OF TERMS

Off Site Biodiversity Gain