Agenda item

To consider a Section 73 application to permission reference: 21/00529/FPM – amendments to condition 1 (approved plans), condition 2 (timing), condition 3 (construction management plan), condition 5 (Drainage Strategy), condition 6 (drainage management and maintenance), condition 7 (Travel Planning), condition 8 (hydrants), condition 9 (acoustic fence), condition 12 (materials), condition 14 (external lighting), condition 15 (access), condition 16 (service yards and car park), condition 17 (bin storage), condition 18 (electric vehicle charging), condition 20 (landscape drawings), condition 22 (hard surfacing) and conditions 27 & 28 (Unexpected Contamination).

It was RESOLVED: That the application 22/00838/FPM be GRANTED planning permission subject to the conditions and reasons set out in the report, with any amendments to the conditions listed in this report be delegated to the Assistant Director of Planning and Regulation.

 

The Committee considered a report in respect of application 22/00838/FPM seeking a Section 73 application to permission reference: 21/00529/FPM – amendments to condition 1 (approved plans), condition 2 (timing), condition 3 (construction management plan), condition 5 (drainage strategy), condition 6 (drainage management and maintenance), condition 7 (travel planning), condition 8 (hydrants), condition 9 (acoustic fence), condition 12 (materials), condition 14 (external lighting), condition 15 (access), condition 16 (service yards and car park), condition 17 (bin storage), condition 18 (electric vehicle charging), condition 20 (landscaping drawings), condition 22 (hard surfacing) and conditions 27 & 28 (unexpected contamination).

 

The Principal Planning Officer informed Members that the original application for three warehouse buildings with access, parking, and landscaping was granted planning permission in 2022 and construction was currently underway. Due to the site proximity to the Cygnet Hospital, it was established through the original planning permission that an acoustic fence along the boundary was needed.

 

The approved layout could not be built as the original flood risk assessment did not consider the acoustic fence would have on floodwater as an impermeable barrier across the flood plain. The established ground conditions were also not suitable for ground infiltration and so changes needed to be made to the scheme to reduce the flood risk. There were also some other minor changes. These amendments included:

 

·         Maintain the 3-metre easement between the brook and the development site.

·         Change the design of the acoustic fence to have 1m gaps at the base to allow flood water through.

·         Some minor amendments to the site levels but the buildings remained unchanged.

·         Unit C being moved slightly to allow for the easement.

·         Remove the trees under the pylon.

·         1.2m high acoustic fence along the spine road

 

The Committee was informed that there were also temporary changes to the approved access. Some parking had to be relocated and there was a reduction in the width of the cycleway. The approved shared signalised access with the housing site opposite was not ready to be built as the housing is coming forward at a slower timescale than the employment site. This had impacted the application site, so they submitted a temporary access proposal for 18 months to 2 years where the southern access was widened as a priority T junction with the provision of a pedestrian refuge.

 

The Chair asked a question in relation to the approved access. The Principal Planning Officer advised that the approved access was linked with the permanent access with the housing development to the north. This had planning permission but was currently going through the Section 278 process.

 

Some Members asked why the flood risk was reassessed and the issue was only discovered after building started. The Principal Planning Officer advised that the original assessment took into account the acoustic fence but didn’t assess what a continuous permanent barrier would do and where the water would go. The initial flood risk was agreed as recommended. The original drainage strategy relied on the site being able to infiltrate water, however following permission testing was carried out and this was not viable.

 

Members noted that there had been amendments to 18 separate conditions, and they did not want to set a precedence that applications could come back to be amended after approval, decisions should be final. However, they acknowledged that there were exceptional circumstances in this case.

 

Some Members raised concerns that there was a lot of pressure on the Brook with surface run off and whether there was a permanent lagoon to collect drainage water. The Principal Planning Officer advised that some of the water would be captured in the swale, some would be infiltrated, and some would be runoff into the Brook. The applicant seeking to discharge the original drainage condition triggered the need for the S73 application, and the developer had submitted up-to-date modelling to show it would work.

 

A Member asked whether a roundabout could be put on the junction rather than traffic lights. The Assistant Director (Planning & Regulatory) advised that the new junction would allow traffic to flow north/south but would also allow for the new traffic from the development site and the application. They would most likely be automated or responsive traffic signals. There was a delay in the approved junction as they were designing the road north of the site and the current HCC active travel works on North Road.

 

Another Member asked whether there was adequate drainage on the development site across the road. It was advised that the housing development application came to the Committee after this application, so this was considered. The drainage plan for this application would be coming back to the Committee at a later date.

 

A Member asked whether the trees under the pylon were being removed and was advised that they were being replanted.

 

It was RESOLVED: That the application 22/00838/FPM be GRANTED planning permission subject to the conditions and reasons set out in the report, with any amendments to the conditions listed in this report be delegated to the Assistant Director of Planning and Regulation.

 

Conditions:

 

1.    The development hereby permitted shall be carried out in accordance with the following approved plans: 4594-CA-00-00-DR-A-00060; 4594-CA-00-00-DR-A-00001; M1548-BWM-ZA-01-DR-L-100020-REV K; M1548-BWM-ZA-01-DR-L-100021-REV K; M1548-BWM-ZA-01-DR-L-100022-REV K; M1548-BWM-ZA-01-DR-L-100023-REV K; M1548-BWM-ZA-01-DR-L-100024-REV K; 20-024-SK-EX-099 P1; 4594-CA-00-00-DR-A-00061_PL6; M1548-CWA-ZAXX-DR-A-200015_PL1; M1548-CWA-ZB-XX-DR-A-200025_PL1; M1548-CWA-ZC-XX-DR-A-200035_PL1; 4594-CA-00-00-DR-A-00066_PL2; M1548-CWA-ZB-00-DR-A-200020_PL1;M1548-CWA-ZC-00-DR-A-200030_PL1; M1548-CWA-ZA-00-DR-A-200010_PL1; M1548-CWA-ZA-RF-DR-A-270010_PL1; M1548-CWA-ZB-RF-DR-A-270020_PL1; M1548-CWA-ZCRF-DR-A-270030_PL1; M1548-CWA-ZA-ZZ-DR-A-220010_PL1; M1548-CWA-ZA-ZZ-DR-A220020_PL1; M1548-CWA-ZC-ZZ-DR-A-220030_PL1; 4594-CA-00-XX-DR-A-00350_PL3; M1548-CWA-XX-XX-DR-A-900002_PL3; M1548-CWA-ZA-ZZ-DR-A-200011_PL1; M1548-CWA-ZB-ZZ-DR-A-200021_PL1; M1548-CWA-ZC-ZZ-DR-A-200031_PL1; M1548-CWA-ZAZZ-DR-A-210011_PL1; 4594-CA-00-ZZ-DR-A-00151_PL2; M1548-CWA-ZB-ZZ-DR-A-210021_PL1; 4594-CA-00-ZZ-DR-A-00156_PL2; M1548-CWA-ZC-ZZ-DR-A-210031_PL1; M1548-HYD-XX-XX-DR-C-900001_C08; M1548-HYD-XX-XX-DR-C-920002_C05; M1548-HYD-XX-XX-DR-C-900003_C07; M1548-HYD-XX-XX-DR-C-900004_C05; M1548-HYD-XXXX-DR-C-900005_C04

 

2.    The development hereby approved shall be constructed in accordance with the Construction Management Plan (CMP) approved under condition discharge application reference 22/00292/COND.

 

3.    The development permitted by this planning permission shall be carried out in accordance with the approved Site Specific Flood Risk Assessment prepared by Sweco Consulting Engineers Ltd reference 66202061-SWE-ZZ_XX-RP-C-0001 Revision 3, dated 28 July 2021, the Surface Water Drainage Strategy and Water Quality Treatment drawing number 66202061-SWE-ZZXX-DR-C-9020 Revision P02 dated 09 September 2021 prepared by Sweco Consulting Engineers Ltd, and the following mitigation measures detailed within the FRA:

a)    Limiting the surface water run-off generated by the critical storm events so that it will not exceed the surface water run-off during the 1 in 100 year event plus 40% for climate change event.

b)    Providing storage to ensure no increase in surface water run-off volumes for all rainfall events up to and including the 1 in 100 year + climate change event in a minimum of 2914.80 m³ (or such storage volume agreed with the LLFA) of total storage volume inpermeable paving, infiltration basins, pond, swales and geocellular tanks.

c)    Discharge of surface water from the private drain to ground via infiltration.

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing /phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

 

4.    No above ground works shall take place until a detailed surface water drainage scheme for the site based on the approved drainage strategy and sustainable drainage principles, has been submitted to and approved in writing by the Local Planning Authority. The drainage strategy should demonstrate the surface water run-off generated up to and including 1 in 100 year+ climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

a)    Provision of infiltration tests to BRE Digest 365 standards at the exact locations and depths of all proposed infiltration features.

b)    Detailed engineered drawings of the proposed SuDS features including cross section drawings, their size, volume, depth and any inlet and outlet features including any connecting pipe runs.

c)    Full, detailed drawings of all works proposed to the ordinary watercourse Ash Brook including any realignment, reprofilling and regrading, etc.

d)    Provision of robust SuDS management and treatment.

e)    Relocation of surface water pipes from under buildings.

f)     Final detailed post-development network calculations for all storm events up to and including the 1 in 100 year + 40% climate change storm with half drain down times no greater than 24 hours. The calculation should consider the worst case infiltration rates.

g)    Exceedance flow routes for storm events greater that the 1 in 100 year + 40% climate change storm.

h)    Final detailed management plan to include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

5.    Upon completion of the drainage works for each unit in accordance with the timing, phasing arrangements, a management and maintenance plan for SuDS features and drainage network must be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

a)    Provision of complete set of as built drawings for site drainage.

b)    Maintenance and operational activities.

c)    Arrangements for adoption and any other measures to secure the operations of the scheme throughout its lifetime.

Details of the complete site wide as built drawings for site drainage shall be provided and approved prior to the first occupation of the final unit.

 

6.    Prior to occupation of Units A and C, an updated Travel Plan(s) shall be submitted to and approved in writing by the Local Planning Authority to take account of individual occupiers of the units as necessary. No part of Units A and C shall be occupied until implementation of the approved Travel Plan. Those parts of the approved Travel Plan that are identified therein as being capable of implementation after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied. The measures within the Travel Plan for Unit B approved under application reference: 23/00203/COND shall be permanently maintained in accordance with the approved details.

 

7.    Prior to the first occupation of the development hereby permitted, the details of water supplies and fire hydrants as shown on drawing DS0039972-01 Rev C1 shall be installed and retained in accordance with said drawing.

 

8.    The acoustic fencing to be installed will be as shown in the Sharps Redmore Technical Note 2 (Revision A) (dated 11 May 2023) and architectural layout 4594-CA-00-00-DR-A-00061_PL6. The fence must be effectively installed, to perform as stated within the Sharps Redmore Technical Note 2 (Revision A) (dated 11 May 2023) and shall be retained in accordance with those details thereafter.

 

9.    Prior to first use of each static plant or machinery, a scheme shall be submitted to and approved in writing by the Local Planning Authority, to demonstrate that the cumulative sound rating level of all fixed plant within the Development shall not exceed the current typical background sound levels at any time at the nearby noise sensitive receptors as specified in Table 14 Target Sound Criteria, of Report reference 66202764-SWE-ZZ-XX-RP-YA-0001 Revision C02. All plant, machinery and equipment installed or operated in connection with the carrying out of this permission shall be so enclosed and/or attenuated that noise resulting from its operation shall not exceed the existing background level inclusive of any penalty for tonal, impulsive or other distinctive acoustic characteristics when measured or calculated according to the provisions of BS4142:2014+A 2019.

 

10.  Prior to the first occupation / use of individual units within the development a plan agreeing the appropriate Servicing and Delivery arrangements for the each unit shall be submitted to and approved in writing by the Local Planning Authority. Subsequent occupiers of the building are required to also update the Servicing and Delivery Plan for their unit.

 

11.  The buildings hereby approved shall be constructed in accordance with the materials and finishes as set out in Drawing numbers: M1548-CWA-ZC-ZZ-DR-A-220030 Rev PL1, M1548-CWA-ZA-ZZ-DR-A-220010 Rev PL1 and M1548-CWA-ZB-ZZ-DR-A-220020 Rev PL1 to the satisfaction of and unless otherwise agreed in writing by the Local Planning Authority.

 

12.  No site clearance or construction work relating to this permission shall be carried out on any Sunday, Public or Bank Holiday nor at any other time, except between the hours of 0730 and 1800 on Mondays to Fridays and between the hours of 0800 and 1300 on Saturdays, unless otherwise agreed in writing by the Local Planning Authority. These times apply to work which is audible at the site boundary.

 

13.  The development hereby approved shall be carried out in accordance with the External LED Lighting Assessment Report July 2021 Revision P4 and associated drawing number 20-024-SK-EX-099 P1 External Lighting Layout, unless otherwise agreed in writing by the Local Planning Authority. No alterations or changes to the approved lighting shall be made without written agreement from the Local Planning Authority, following submission of further details.

 

14.  Prior to the first occupation of the development hereby permitted the vehicular access from North Road shall be provided as shown on drawing 21-T020-15 Rev D in Appendix A1 of the Iceni Projects Technical Note dated 11 September 2023. The access on Drawing number 4594-CA-00-00-DR-A-00061 PL6 shall be fully implemented within two years of the first occupation of the development. Arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway.

 

15.  Prior to the first occupation of each unit hereby permitted the service yards and car parking areas for each unit as detailed on Drawing number 4594-CA-00-00-DR-A-00061_PL6 shall be surfaced and marked out or completed as applicable, in accordance with the approved plan and thereafter retained for the sole use of servicing and parking for the development hereby permitted.

 

16.  Prior to the first occupation of each unit hereby permitted the secure and covered cycle parking stores and bin storage areas as detailed on Drawing numbers 4594-CA-00-00-DR-A-00061_PL6; M1548-CWA-ZA-XX-DR-A-200015_PL1; M1548-CWA-ZB-XX-DR-A-200025_PL1; M1548-CWA-ZC-XX-DR-A-200035_PL1 and 4594-CA-00-XX-DR-A-00350_PL3 shall be fully completed for that unit and ready for use in accordance with the approved plan and thereafter retained for the sole use of cycle parking and bin storage for the development hereby permitted.

 

17.  Prior to the first occupation of each unit hereby permitted the passive infrastructure and active Electric Vehicle Charging Points (EVCP) shall be installed and ready for use, in accordance with the approved plan Drawing Number 4594-CA-00-00-DR-A-00061_PL6 and thereafter retained for the sole use of electric car charging for the development hereby permitted.

 

18.  The development hereby approved shall be constructed in accordance with the measures to address adaptation to climate change as laid out in the Design and Access Statement to include the following:

Passive design measures –

a)    Efficient building envelope with enhanced U-values;

b)    Enhanced air permeability to reduce heating demand;

c)    Glazed facades to provide natural daylighting and reduce reliance on artificial lighting;

d)    Balanced g-value for translucent elements to ensure optimised internal conditions.

Active design measures –

e)    High efficiency mechanical ventilation heat recovery (MVHR) systems to serve office areas;

f)     High efficiency LED lighting;

g)    Passive infrared (PIR) presence detection and daylight dimming control for lighting;

h)    Solar Voltaic Roof Panels

These measures shall then be permanently maintained in accordance with the approved details.

 

19.  The development shall be carried out in accordance with the scheme of soft and hard landscaping, including all hard surfacing, rain garden features, retained, felled and new trees and shrubs as detailed on Drawing numbers:

M1548-BWM-ZA-01-DR-L-100020-REV K, M1548-BWM-ZA-01-DR-L-100021-REV K, M1548-BWM-ZA-01-DR-L-100022-REV K, M1548-BWM-ZA-01-DR-L-100023-REV K, M1548-BWM-ZA-01-DR-L-100024-REV K.

 

20.  All planting, seeding and turfing comprised in the approved landscaping details as specified in condition 19 of this approval shall be carried out in the first planting and seeding seasons following the first occupation of the development hereby permitted or, the completion of the approved development whichever is the sooner.

 

21.  All hard surfacing for each unit comprised in the approved landscaping details as specified in condition 19 of this approval shall be carried out prior to the first occupation of each unit hereby permitted. All hard landscaping across the Site as shown in the approved landscaping details in condition 19 shall be fully complete prior to the first occupation of the final unit.

 

22.  Any trees or plants comprised within the scheme of landscaping, 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 otherwise agreed in writing by the Local Planning Authority.

 

23.  No tree shown retained on the approved plans, or subsequently approved landscaping scheme, shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped within five years of the completion of development without the written approval of the Local Planning Authority.

 

24.  All areas of hedges, scrub or similar vegetation where birds may nest which are to be removed as part of the development, are to be cleared outside the bird-nesting season (March – August inclusive) or if clearance during the bird nesting season cannot be reasonably be avoided, a suitably qualified ecologist will check the areas to be removed immediately prior to clearance and advise whether nesting birds are present. If active nests are recorded, no vegetation clearance or other works that may disturb active nests shall proceed until all young have fledged the nest.

 

25.  Following removal of the identified trees in the Arboricultural Impact Assessment (AIA) and from the date of this permission, including any site clearance, all retained trees identified in the AIA shall be protected in accordance with the details as approved in the AIA and detailed on the Tree Protection Plan 10918 TPP 01 Rev C contained therein. The protection measures shall be maintained until the conclusion of all site and building operations remain in place, unless otherwise agreed by the Local Planning Authority

 

26.  In the event that contamination is found at any time when carrying out the approved development that was not previously identified in the original submission (21/00529/FPM) and the condition discharge application (22/00380/COND) must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 27 which is subject to the approval of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 27.

 

27.  In the event that contamination is found at any time when carrying out the approved development that was not previously identified in the original submission (21/00529/FPM) and the condition discharge application (22/00380/COND), a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historic environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

28.  In the event that contamination is found at any time when carrying out the approved development that was not previously identified in the original submission (21/00529/FPM) and the condition discharge application (22/00380/COND), as required under condition 26 the approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in writing of the Local Planning Authority.

 

29.  Notwithstanding the provisions of Article 3 of the Town and Country Planning Use Classes Order 1987 (as amended), and Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Orders revoking or re-enacting these Orders) this permission shall only permit the use of the premises as Class E(g)(iii), B2 and B8 and for no other uses or purposes whatsoever, including any uses or purposes within the same use Class.