Decision details

Full Application - Demolition of existing industrial units and construction of replacement employment floorspace, improvements to existing site access, parking, landscaping and other associated works at Riverside Business Park, Buxton Road, Bakewell

Decision Maker: Planning Committee

Decision status: APPROVED (Contrary to officer recommendation)

Is Key decision?: No

Is subject to call in?: No

Decisions:

Members had visited the site on the previous day.

 

It was noted that the proposed three passing places along the south side of the access road had been reduced to two, one at each end. Three trees would be removed and new trees planted.

 

It was also noted that the current proposals would not result in an increase of floor space and that there would be no material change to the current situation.

 

The officer confirmed that the proposals are not considered to be major development with regard to paragraph 116 of The National Planning Policy Framework because the propsoals would replace existing buildings with modern industrial units on a site designated for employment uses.

 

Two further letters of support had been received. The D2N2 Local Enterprise Partnership had also confirmed support for the proposed development. The deadline for a bid for funding for the new bridge from D2N2 was the end of July 2016.

 

The following made representations to the committee under the Authority’s Public Participation Scheme:

 

·         Mr P Stubbs, resident and Objector

·         Mr C Bateman, Chair of Lumford and Holme Lane Residents’ Association, Objector

·         Cllr C Furness, Supporter

·         Mr S Morgan-Hyland, Agent

 

Members expressed concern over the potential impact on residents caused by the movement of demolition and building machinery and vehicles via the current access. The officer stated that Government advice is to avoid pre-conditions unless there are “exceptional circumstances”. The Director of Conservation and Planning explained the legal and funding implications of imposing a pre-condition regarding the new bridge.

 

Members were minded to impose a pre-condition because of what they considered to be the “exceptional circumstances” pertaining to this application. A motion to approve the application subject to a pre-condition re the new access bridge and including the officers’ recommended conditions was moved and seconded. It was noted that such pre-condition would remove the need for conditions 5 and 7 in respect of the passing places on the lane.

 

The basis for concluding that permission would otherwise be refused without  a pre-condition that the new access bridge be built included:

 

·         The strain on current access routes that would be caused by heavy construction traffic

·         The need to protect the safety and amenity of residents

·         The piecemeal development of the site would not be consistent with Local Plan policy LB7

·         The impact of the proposed passing places on the character of the area

 

These factors also supported a conclusion that the provision of the new bridge before development was commenced was fundamental to the acceptability of the development proposals.

 

The motion to approve the proposals due to “exceptional circumstances”, subject to a pre-condition requiring the new bridge to be built prior to the commencement of works and with conditions as stated in the report but deleting conditions 5 and 7, was voted upon and carried.

 

RESOLVED:

 

 

That the application be APPROVED subject to a pre-condition that the new bridge be in place before the development commences and subject to the following conditions:

 

1.

3 year implementation time limit.

 

2.

Adopt submitted and amended plans.

 

3.

The buildings hereby approved shall be used solely for business uses, general industrial and storage and distribution uses as specified in B1, B2 and B8 of the schedule to the Town & Country Planning (Use Classes) Order 1987(as amended) or in any order revoking and re-enacting that order.

 

4.

Notwithstanding the provisions of the The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order) no alterations to the external appearance of the buildings hereby approved shall be carried out and no extensions, or ancillary buildings, shall be erected within the red-edged application site without the National Park Authority's prior written consent.

 

5.

Before any other operations are commenced, space shall be provided within the site for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority. Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period.

 

6.

Throughout the period of development, vehicle wheel cleaning facilities shall be provided and retained within the site. All construction vehicles shall have their wheels cleaned before leaving the site in order to prevent the deposition of mud and other extraneous material on the public highway.

 

7.

No part of the development shall be occupied until the approved access road works within the site have been carried out and constructed in accordance with application drawing number 2016-007/101 Rev D.

 

8.

No unit shall be taken into use until space has been laid out within the site in accordance with application drawing number 2016-007/101 Rev D for 68 cars and 10 HGV's to be parked and for all vehicles to turn so that they may enter and leave the site in forward gear. These facilities shall thereafter be retained for use at all times.

9.

Prior to commencement of development, a scheme to raise and refurbish the riverside wall shall be submitted to and approved in writing by the National Park Planning Authority in consultation with the Environment Agency. The scheme to be submitted shall demonstrate the continuity of flood protection up to a 1 in 100 year plus climate change flood event plus 400mm freeboard allowance.  The scheme to be submitted shall be based upon drawings showing upstream and downstream tie-in arrangements and an assessment of the structural integrity of the existing riverside wall and shall make recommendations for any remedial measures required to the riverside wall. The works shall be carried out in full compliance with the recommendations and details to be submitted and any phasing / timetable embodied within the scheme.

 

10.

The finished floor levels of buildings shall be in accordance with the approved plan entitled ‘Preliminary Finished Levels’ (Drawing Number 2016-007/803 Revision A, dated 11 March 2016) unless otherwise agreed in writing by the National Park Planning Authority in consultation with the Environment Agency.

 

11.

No development shall take place until a detailed design and associated management and maintenance plan of surface water drainage for the site, in accordance with DEFRA Non-statutory technical standards for sustainable drainage systems (March 2015), has been submitted to and approved in writing by the National Park Authority. The approved drainage system shall be implemented in accordance with the approved detailed design prior to the use of the buildings commencing.

 

12.

a) No development shall take place until a Written Scheme of Investigation for archaeological work has been submitted to and approved by the local planning authority in writing in accordance with a brief for the works issued by this Authority, and until any pre-start element of the approved scheme has been completed to the written satisfaction of the local planning authority, this includes the programme of building recording.  The scheme shall include an assessment of significance and research questions; and

1.         The programme and methodology of site investigation and recording;

2.         The programme for post investigation assessment;

3.         Provision to be made for analysis of the site investigation and recording;

4.         Provision to be made for publication and dissemination of the analysis and records of the site investigation;

5.         Provision to be made for archive deposition of the analysis and records of the site investigation;

6.         Nomination of a competent person or persons/organization to undertake the works set out within the Written Scheme of Investigation"

 

b) No development shall take place other than in accordance with the archaeological Written Scheme of Investigation approved under part (a)."

 

c) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the archaeological Written Scheme of Investigation approved under part (a) and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured.

 

13.

A detailed design and methods statement for the scheme and foundation design for use in areas of archaeological sensitivity, as determined by the programme of archaeological works, shall be submitted to and approved by the National Park Authority in writing prior to the commencement of the construction phase of the development.  No development shall take place in areas of proven archaeological sensitivity other than in accordance with the details of the approved scheme.

 

14.

No development shall take place until a method statement/construction environmental management plan has been submitted to and approved in writing by the National Park Authority. This shall deal with the treatment of any environmentally sensitive areas, including the River Wye corridor, their aftercare and maintenance as well as a plan detailing the works to be carried out showing how the environment will be protected during the works. Such a scheme shall include details of the following:

 

·         The timing of the works

·         The measures to be used during the development in order to minimise environmental impact of the works (considering both potential disturbance and pollution)

·         The ecological enhancements as mitigation for the loss of habitat resulting from the development

·         A map or plan showing habitat areas to be specifically protected (identified in the ecological report) during the works.

·         Any necessary mitigation for protected species

·         Any necessary pollution protection methods

·         Information on the persons/bodies responsible for particular activities associated with the method statement that demonstrates they are qualified for the activity they are undertaking. The works shall be carried out in accordance with the approved method statement.

 

15.

If works take place during bird breeding season (March to September inclusive), then suitable nesting features for Grey Wagtail shall be surveyed for active bird nests by a suitably qualified ecologist before the work is carried out. If active bird nests are present, then work within the area supporting the nests shall be delayed until nesting activity has ceased.

 

16.

No development shall take place until a scheme providing nesting opportunities for a range of bird species (including grey wagtail) on the application site has been submitted to and approved in writing by the National Park Authority. Thereafter, the development shall not be carried out other than in complete accordance with the approved scheme

17.

Prior to the erection of any external lighting on the site a lighting plan shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and thereafter retained for the lifetime of the development. The submitted scheme shall be designed to take into account the advice on lighting set out in the Bat Conservation Trust document Bats and Lighting in the UK.

 

18.

Before works commence the small stand of cotoneaster shall be removed from the site in order to minimise the risk of spreading this plant through the course of the works.

 

19.

Appropriate ecological conditions with regards to bats – to be determined prior to the committee meeting.

 

20.

Before commencing the development hereby approved a detailed scheme for landscaping (including tree and shrub planting seeding or turfing, earthmounding, walling, fencing or ground surfacing as necessary) shall be submitted to and approved in writing by the National Park Authority. The scheme shall include provision for the removal of the existing leylandii trees and replacement with native species. Once approved, the planting or seeding shall be carried out to the reasonable satisfaction of the Authority within the first planting seasons following completion or occupation of the development.  Any walling or surfacing shown on the approved plan shall be completed before the building is first occupied.  Any trees dying, being severely damaged or becoming seriously diseased shall be replaced within the next planting season with trees of an equivalent size and species or in accordance with an alternative scheme agreed in writing by the Authority before any trees are removed.

 

21.

Recommendations and further investigations in Chapter 6 of the Phase 1 Geotechnical and Geo-environmental Site Investigation Report by Eastwood and Partners dates April 2015 as they apply to the application site shall be fully implemented.

 

 

Publication date: 29/07/2016

Date of decision: 15/07/2016

Decided at meeting: 15/07/2016 - Planning Committee

Accompanying Documents: