Land at Rush Lane, Dosthill, Staffordshire Planning Statement Applicant: Veolia Ltd February 2008

Contents

1. Introduction...... 1

1.1 The Application...... 1 1.2 The Application Submission...... 1 1.3 Environmental Screening...... 2 1.4 Structure of this Statement...... 2

2. Site Description...... 3

3. Details of the Proposed Development...... 4

4. Relevant Planning History...... 8

4.1 Outline Planning Permission...... 8 4.2 Other Relevant Planning History...... 8

5. Relevant Planning Policy...... 10

5.1 National...... 10 5.2 Regional...... 14 5.3 Local...... 15

6. Planning Considerations...... 19

6.1 Relationship of Proposed Development with the Extant Outline Planning Permission...... 19 6.2 Use...... 21 6.3 Layout...... 22 6.4 Access, Highways and Parking...... 22 6.5 Design and Appearance...... 23 6.6 Landscaping...... 23 6.7 Other Matters...... 23

7. Conclusion...... 25

Appendices

Appendix 1: EIA Screening Opinion Letter Submitted to NWBC Appendix 2: Site Identification Plan Appendix 3: Outline Planning Permission PKINDO/1358/94/OAP Appendix 4: Appeal Decision Ref: T/APP/R3705/A/98/290871/P7 Appendix 5: Supplemental S106 Agreement

1. INTRODUCTION

1.1 The Application

1.1.1 This Planning Statement is submitted in support of the Reserved Matters application for the development of land off the A51/Rush Lane, Dosthill submitted by Veolia. The proposal would result in the development of office/business (Use Class B1), industrial (Use Class B2) and warehouse (Use Class B8) uses.

1.2 The Application Submission

1.2.1 The following documents are submitted with the application:

· Application forms and Certificates · Planning Statement · Design and Access Statement (prepared by Webb Gray Architects) · Transport Assessment and Travel Plan (prepared by MVA Consulting) · Flood Risk Assessment (prepared by BW Consulting Ltd) · Noise Assessment (prepared by Cole Jarman Associates, submitted under separate cover) · Drawings 7673-P001 – Site Location Plan 7673-P002 – Site Layout Plan 7673-P003 – Building Identification Plan 7673-P004 – Site Sections (Street Scenes) 7673-P005 - Palladin Fencing Details 7673-P006 – Indicative Landscaping Scheme 7673-P101 – Office Block A, B, C and D 7673-P102 – Workshop Units A and B 7673-P201 – Unit A 7673-P202 – Unit B 7673-P203 – Unit C 7673-P204 – Unit D 7673-P301 – Small Industrial Units 7673-P401 – Warehouse A 7673-P402 – Warehouse B

1.2.2 In preparing the application, pre-application discussions have been held with officers from North Warwickshire Borough Council, Warwickshire County Council and Staffordshire County Council.

1.3 Environmental Screening

1.3.1 The proposed development has been assessed against the Environmental Impact Assessment Regulations 1999 and, although considered to fall within Part 10(a) of Schedule 2, it is not considered to have sufficient impact to require the need for a formal Environmental Impact Assessment to be submitted with the planning application.

1.3.2 Following the submission of a letter, dated 19 December 2007, requesting a formal screening opinion as to the need for an Environmental Impact Assessment, North Warwickshire Borough Council informally advised that an EIA is not required on 16 January 2008. A copy of the letter requesting a screening opinion is included as Appendix 1.

1.4 Structure of this Statement

1.4.1 The remainder of this Statement is structured in the following format:

Details of the Proposed Development - Section 2 Site Description - Section 3 Relevant Planning History - Section 4 Relevant Planning Policy - Section 5 Relationship of the Proposed Development with the Extant Outline Planning Permission – Section 6 Conclusion – Section 7

2. SITE DESCRIPTION

2.1.1 A broadly L-shaped site comprising approximately 6 hectares of grassed land, to the south of Dosthill, Tamworth. A site identification plan is included as Appendix 2. Access into the site would be from the junction with the A51. Formerly a mineral quarry site, the land has been reclaimed and in-filled and is presently open grassland. Although generally flat, the site it is set at lower level than the A51.

2.1.2 To the north is a new residential area of primarily two-storey, detached houses. Dwellings on Ascot and Kempton Drives back on to the site and are separated from it by a landscaped bund. A 2.0m high, close boarded, fence defines the edge of the residential area at the entrance to the application site. Between the housing area and the Derby-Birmingham railway, open land is retained for the potential Dosthill bypass that would link from the access on the A51, referred to above, to Hedging Lane. To the east of the road line, and between it and the railway, is a surface water balancing lagoon which includes a reed bed.

2.1.3 SGB, an existing business providing scaffolding and building support services, lies to the south-west of the site and is separated from it by a 2.0m high, galvanised, palisade fence. Their site includes a two-storey office building close to the A51/Rush Lane junction, however the predominant use is for open storage with stacks up to five high. Access to this site is from Rush Lane.

2.1.4 Rush Lane forms the main boundary to the south and east of the application site. Connecting to the A51, it provides access to the Biffa Waste Services site before crossing the Derby-Birmingham railway line and providing access to the Baggeridge Brickworks. An access point into the application site from Rush Lane has been provided just to the east of the SGB site . The site boundary to Rush Lane is formed by a grassed bund, approximately 1.8m high.

2.1.5 Land to the south and east of Rush Lane has also been reclaimed and is secured by a 2.0m palisade fence. It has been cleared and levelled and is awaiting redevelopment. It benefits from outline planning permission for industrial development (ref: OAP/2004/0496) with Reserved Matters recently submitted (PAP/2008/0008) providing for up to 11,300sqm (gross internal area) floorspace in 34 units with 180 parking spaces plus spaces for drivers with disabilities. Access into this site would be from Rush Lane.

3. DETAILS OF THE PROPOSED DEVELOPMENT

3.1.1 The application is for the submission of Reserved Matters pursuant to the outline planning permission ref: PKINDO/1358/94/OPA (copy included as Appendix 3) and seeks the approval of the following matters:

(i) The siting, size, height, design and external appearance of the proposed buildings (ii) The means of drainage and the disposal of sewage (iii) Details of the access arrangements (iv) Details of landscaping

to provide 16,616sqm (GIA) of floorspace for employment purposes (Use Classes B1, B2 and B8). This would be provided on the following basis:

1,496sqm office (use class B1) 3,716sqm small business units (use class B1/B2) (also capable of use for technology based industries) 2,114sqm general industrial use (use class B2) 9,290sqm general industrial/distribution (use classes B2/B8)

3.1.2 Seven office buildings (213sqm each) would be provided at the western end of the site arranged around a central courtyard incorporating parking. The buildings would present a frontage to the A51 and the spur road into site.

3.1.3 To the immediate south and east of the proposed office accommodation would be buildings for small business use (use class B1/B2, also capable of being used by technology based industries). They would be arranged in two rows that would provide a frontage to the spur road and screening of the adjoining SGB site and would provide for a range of unit sizes between 116sqm and 418sqm..

3.1.4 Larger units for B2/B8 use would be provided in a rage of buildings in the southern and eastern parts of the site and would provide a range of unit sizes between 325sqm and 4,600sqm.

3.1.5 Finally an additional 836sqm of small business space would be provided in the north-eastern part of the site.

3.1.6 Building height would be predominantly two-storey equivalent. The roof, ridge, heights would range between 7m for the office/workspace units and 13.8m for the larger industrial/distribution units.

3.1.7 The buildings have been designed so that the estate would have a unified character and appearance. Subtle variation in the use of material and roof and elevation design would provide for additional interest and assist with the creation of individual character areas within the unified theme.

3.1.8 Within the western part of the site, the buildings would have a mono-pitch roof and primarily brick façade using a combination of red, brown and buff brick to provide a vertical emphasis within the design. Aluminium windows would be set within a rendered panel. The overall building design would be consistent for both the office buildings and the business units. The window openings of the offices would be replaced by a roller shutter for the business units.

3.1.9 Units within the central part of the site and identified for business use (including technology based industries) would have a barrel roof design using the same materials as the buildings to the west. Elevations would be clad in a simple metal panel system of neutral colour. Roller shutter doors would be located in the front elevations of the buildings facing the internal courtyard. Full height glazing would be provided in the elevation fronting on to the access road that could, ultimately become the bypass and would help provide articulation, interest and quality of appearance.

3.1.10 The larger units within the southern and eastern parts of the site would have a shallow pitch roof of single ply membrane. The buildings would have a simple, composite cladding finish, again in a neutral colour with tinted aluminium windows for the ancillary office areas.

3.1.11 273 car parking spaces would be provided.

3.1.12 50 cycle parking would be provided throughout the site located close to the buildings.

3.1.13 Access into the site would be from the A51. A new spur road would be provided from the existing A51 priority junction along the route of the proposed Dosthill bypass and would extend 270m to the east culminating with the provision of a turning head at the approximate location of the roundabout junction proposed as part of the preliminary design of the bypass. Access into the proposed development would be from this turning head which has been designed to be able to connect to the roundabout when constructed.

3.1.14 Emergency access would be retained from Rush Lane to the east of the SGB site.

3.1.15 Appropriate landscaping would be provided through tree and shrub planting primarily along the site boundaries with an emphasis on the A51 and spur road frontages. A 15.0m long, landscaped mound, 5.0m high, would also be provided alongside part of the spur road and the proposed access into the development site to provide an appropriate visual screen for the development at this point.

3.1.16 In accordance with the provisions of PPS 25 – Development and Flood Risk, and as the site is larger than 1 hectare. A Flood Risk Assessment and Surface Water Drainage Strategy is submitted with the application. It confirms that the site is within Flood Zone 1 and therefore at low risk of flooding from existing watercourses and that the site is capable of being developed. Consideration of the risk as a consequence of surface water run-off is provided. The site is known to drain to the lagoon and reed bed to the north that were created as part of the restoration of the site following landfill and which were designed to provide for the appropriate drainage of the application site and surrounding sites including the housing development to the north and the proposed bypass. The Assessment shows that the capacity of the lagoon would not be exceeded as a consequence of receiving the run-off from the development.

3.1.17 Through the application, approval of the development in non-compliance or variation with the following conditions is sought:

Condition 4: Land area safeguarded for the Dosthill Bypass Condition 5: Phasing of the development Condition 6: Access Condition 10: Phase 2 development Condition 13: Landscaped Corridor Condition 15: Development adjacent the bypass corridor

Condition 17: Restriction on areas of development

3.1.18 An explanation as to how, and justification as to why, the proposed development is in non-compliance with, or requires a variation of, condition is set out in Section 6, below.

4. RELEVANT PLANNING HISTORY

4.1 Outline Planning Permission

4.1.1 Outline planning permission (ref: PKINDO/1358/94/OPA) for the industrial development of the site was approved on 3 June 1997. Condition 1 of the permission reserved the following matters for the further approval of the local planning authority:

(i) The siting, size, height, design and external appearance of the proposed buildings (ii) The means of drainage and disposal of sewage (iii) Details of the access arrangements (iv) Details of landscaping

4.1.2 The permission was also subject to sixteen further conditions including, as Condition 2, the requirement to submit Reserved Matters details no later than three years from the date of the permission. This time period was subsequently extended through a series of Section 73 planning applications (refs : 683/97, 711/01, 833/02, 273/04 and, most recently, PAP/2005/5183) to an expiry date of 15 February 2008.

4.1.3 Conditions 6 and 8 of the permission were modified on appeal (ref:T/APP/R3705/A/98/290871/P7, copy included as Appendix 4), dated 13 July 1998, and removed the requirement for the development to provide a roundabout junction at the access from the A51 on the grounds that it was not required by the proposed development.

4.2 Other Relevant Planning History

4.2.1 In 1996, planning permissions were granted by Warwickshire County Council (Application NW5/94CM032) and Staffordshire County Council (Application T.21924) for the reclamation of the former Stoneware Site, facilitated by mineral extraction to allow development and landscape enhancement at Land off A51 and Rush Lane, Dosthill, Tamworth. The permissions were accompanied by a s106 planning obligation. As part of the obligation, land was reserved for the future development of a Dosthill Bypass. Provision for landfill, restoration and gas monitoring works was also made.

4.2.2 Land to the south and east of Rush Lane, formerly part of the Phase 2 area as defined in the original outline planning permission, now benefits from separate outline planning permission for the development of B1, B2 and B8 uses with access to the site from Rush Lane (ref: OAP/2004/0496). No s106 obligations were attached to this permission to provide any contribution to the Dosthill Bypass.

5. RELEVANT PLANNING POLICY

5.1 National

PPS1 – Delivering Sustainable Development

5.1.1 Planning Policy Statement 1 (PPS1) promotes the delivery of sustainable development, including economic regeneration, by ensuring that appropriate locations are available for industrial and commercial use and which are supported by appropriate infrastructure and services (paras 23 and 27). Improved efficiency in the use of land through higher density development is encouraged and planning should actively seek to bring back vacant and underused previously developed land into beneficial use (para 27).

5.1.2 The proposals would result in the implementation of this long standing planning commitment for employment generating uses on this previously developed site to the benefit of the local community and could generate approximately 500 jobs. Consequently, the proposals would avoid the need for further greenfield land to be released and would help to achieve the sustainable development of the area. The proposals are therefore considered to comply with the provisions of PPS1.

5.1.3 Pre-application discussions are also considered important and to benefit both developers and local planning authorities in assisting with the speedy manner that applications may be dealt with (para 12). During the preparation of this Reserved Matters application, positive meetings have been held with officers from North Warwickshire Borough Council, Warwickshire County Council and Staffordshire County Council. The submitted proposals reflect the discussions held.

PPG4 – Industrial and Commercial Development and Smaller Firms

5.1.4 States that one of the Government’s key aims is continued economic development that is consistent with its environmental objectives. Development Plan policies should provide for choice, flexibility and competition. Para 14 notes that individual planning decisions should be based upon the scale of development , the nature of the proposed use and its location. Relationship with adjoining uses is an important consideration but policies should not seek to unreasonably restrict commercial activities of an appropriate scale.

5.1.5 As set out in para 5.1.2, above, the proposals would represent the implementation of this long standing planning commitment and provide for additional choice of location for local business. The extant planning permission has established the acceptability of the proposed employment uses in close proximity to new housing to the north. The proposed development, through the submitted layout of the site, the distribution of uses within the site, the design and appearance of the buildings and the proposed landscaping, is considered satisfactory and not to give rise to any adverse implications on neighbouring amenity.

PPS4 – Planning for Sustainable Economic Development (draft)

5.1.6 The new draft PPS4 reiterates the need to plan for economic development that meets the needs of business

PPS7 – Sustainable Development in Rural Areas

5.1.7 Notes that away from larger urban areas, new development should be focused in or next to towns and that priority should be given to the re-use of previously developed sites.

5.1.8 The proposals would result in the development of a previously developed site on the edge of an existing settlement and is a long term planning commitment. Its development would therefore fully accord with the aspirations of PPS7.

PPG13 – Transportation

5.1.9 Seeks to reduce the need to travel, notably by car, through the careful location of development and through the use of strategies that seek to manage travel by using appropriate Travel Plans.

5.1.10 The proposed development would result in the redevelopment previously developed land. The level of parking proposed with the development accords with the requirements of the Local Planning Authority parking guidelines and is therefore considered acceptable. In order to achieve the aspirations of PPG13, and the reduction in travel by car, the application is supported by the submission of an outline Travel Plan that identifies measures that could be adopted by the future occupiers of the development and includes targets for reducing car use plus the appointment of Travel Plan Co-ordinators.

PPG14 – Development on Unstable Land

5.1.11 States that the Government wishes to see the full and effective use of land and that the physical constraints of the land are taken into account when formulating development proposals (para 2). An indirect hazard from ground conditions is noted as the migration of gas (whether as a consequence of previous landfill or mining).

5.1.12 Potential instability is noted as arising from a number of causes including ground compression that may be result of (amongst others) made ground or landfill (para 13). It is up to the developer to ensure that the land is suitable for the proposed development and that it is a function of the Building Regulations to ensure that detailed design and foundations of the buildings allow for them to be constructed and used safely (para 24).

5.1.13 The previous uses of the land, including the associated restoration measures have been taken fully into account as part of the preparation of the proposals and is explained at para 6.1.7, below.

PPS23 – Planning & Pollution Control

5.1.14 Seeks to promote the sustainable use of land and the control and minimisation of pollution and recognises that development can provide the opportunity to address possible contamination issues and bring the land back into beneficial use. Such remediation should remove any unacceptable risk.

5.1.15 The grant of outline planning permission recognised the previous use of the site and the potential issues that may result. Appropriate conditions were applied requiring the submission of details regarding the prevention of gas ingress into the buildings. In order to achieve this, further assessment work will be required and, consequently, the discharge of this condition is not being sought at this stage.

PPG24 – Planning and Noise

5.1.16 Provides advice on how to ensure that the adverse impact of noise can be minimised without placing undue restrictions on development. Suitable measures to mitigate against the impact of noise can include the appropriate lay-out of a development to ensure, for example, that a suitable distance between noise source and receptor is achieved, or screening by natural barriers or other building is achieved (para 13).

5.1.17 Conditions imposed on the outline planning permission relating to the proposed layout of the development included detailed consideration of the location of buildings and areas for landscaping. A Noise Assessment has been submitted in support of this application. This assessment notes that the high existing ambient noise levels arising from the A51 and the nearby railway line provide favourable conditions for this type of development. This combined with the good practice layout of the site has resulted in the a scheme whereby on-site operational noise should result in impacts no greater than slight.

5.1.18 Condition 15 of the permission sought to avoid open areas of land between the bypass corridor and new buildings in order to reduce the potential impact of noise affecting the amenities of nearby residents. Noise impacts upon these residents due to the introduction of the new road has been considered in the accompanying noise assessment report. The report finds that noise generation along this new road by vehicles associated with this development is expected to be negligible compared to that from the proposed bypass. Furthermore, noise activities from the site are expected to be well masked by noise from other existing environmental noise sources.

PPS25 – Development and Flood Risk

5.1.19 Seeks to ensure that developments reduce and manage the risk of flooding. Applications for the development of sites larger than 1hectare are to be accompanied by a Flood Risk Assessment that identify and assesses the risk of flooding to and from the development. When a development site falls within Flood Zone 1 (low probability of flooding and within which all uses of land are appropriate), opportunities should sought to reduce the overall level of flood risk through the careful management of surface water run-off and the provision of appropriate drainage incorporating sustainable drainage principles wherever possible.

5.1.20 As discussed at para 3.1.13, above, and as set out in the Flood Risk Assessment & Surface Water Drainage Strategy that accompanies the submission of this application, the site lies within Flood Zone 1 and is therefore considered at low risk of flooding. The existing lagoon and reed beds to the north of the site have sufficient as having sufficient capacity to accommodate the surface water run-off from the proposed development via a suitably designed sewer network. Foul sewage would be disposed via connection with the existing foul sewer network.

5.2 Regional

5.2.1 The Development Plan for the site comprises the Regional Spatial Strategy 2008, the Warwickshire Structure Plan 1996-2011 and the North Warwickshire Local Plan 2006.

5.2.2 The Regional Spatial Strategy for the West Midlands was issued in 2004 with a revised edition published in January 2008 following a revision of the provisions relating to the Black Country.

5.2.3 It seeks both the urban and rural renaissance of the region through the diversification and modernisation of the local economy whilst adhering to the principles of sustainable development. Where economic growth opportunities are provided outside the major urban areas, developments should seek to help create more sustainable communities through providing a better balance of housing and employment (Policy PA1 (c)). In ensuring that an appropriate portfolio of employment land is available, a hierarchy of sites is promoted (Policy PA6) including second tier sites that are considered to provide locally significant employment opportunities (PA6 (A)(ii)). Within this hierarchy are sites considered “Good Quality Employment Sites” which are likely to provide for locally based investment. The identification of such sites should focus on the potential to maximise use of recycled land.

5.2.4 Policy QE2 seeks to promote the restoration of degraded areas and the management and creation of high quality new environments and seeks the restoration of previously used sites.

5.2.5 Priority is also given to the promotion of sustainable travel. New developments should be located in areas that assist with the aim of reducing the need for travel and promote suitable alternatives to using the car. Car parking should therefore be provided within maximum standards and the requirement for a Travel Plan that would promote travel awareness (Policies T2, T3, T4 and T7).

5.2.6 The proposed development is considered to comply with these aspirations through the development of previously developed land, on the edge of an existing settlement and would assist in the provision of locally based employment opportunities. Car parking is provided to meet the needs of the development. An outline Travel Plan is submitted for consideration.

5.3 Local

5.3.1 Under the provisions of the Planning & Compulsory Purchase Act 2004, a new planning system was introduced whereby Structure Plans and Local Plans are to be replaced by a Local Development Framework. To ensure that there is no policy void whilst the new system is being implemented, the policies of Structure Plans and Local Plans adopted prior to the date of the implementation of the Act were “saved” for three years until 28 September 2007. Beyond this date, the approval of the Secretary of State was required for the continued operation of the policies.

Warwickshire Structure Plan 2004

5.3.2 On 7 September 2007, the Secretary of State published a list of seven policies from the Structure Plan that were to be saved beyond 28 September 2007. Of these, the following are considered potentially relevant:

GD.7 : Previously Developed Sites – provides for the redevelopment of previously developed sites however, it specifically relates to the redevelopment of sites for a strategically significant purpose. The development proposed through this application is not considered to be of strategic significance and therefore the policy is not considered to apply.

I.2 : Industrial Land Provisions – that identifies the need for North Warwickshire Borough to provide for 279ha of land for employment and industrial purposes during the period 1996-2011 (see North Warwickshire Local Plan, below)

North Warwickshire Local Plan 2006

5.3.3 The application site is not the subject of any site-specific policy in the local plan but is a planning commitment by virtue of the extant planning permission. Applications for development should therefore be considered against the provisions of the most relevant policies and the provisions of the planning permission that has already accepted the principle of the uses on site.

5.3.4 The general thrust of the Core Policies of the Plan seek to support the economic and social regeneration of the District and ensuring the provision of appropriate levels of housing and jobs (Core Policy 1). To ensure that this is implemented in the most sustainable manner, development proposals should be focussed within the boundaries of settlements identified in the Settlement Hierarchy (Core Policy 2).

5.3.5 To achieve the employment provision required by the Structure Plan, 279ha of land needs to be provided before 2011. The Plan notes however, that this level had been exceeded by 2004 (Core Policy 9) and, as a consequence, no further allocations employment allocations were made. At the point the Plan was adopted, some 253ha had been completed or was under construction with a further 95ha benefitting from planning permission. The Dosthill site falls within the latter category and therefore remains a planning commitment with the principle of the development accepted.

5.3.6 With regard to the general policies of the Plan, the following are considered relevant in the assessment of the development proposals:

ENV 6 – Land Resources

Seeks to ensure that for the development of contaminated or potentially contaminated land, or land within its vicinity, the appropriate mitigation measures have been provided to minimise the risk to any occupier of the site or adjoining sites, protects adjoining land or water courses from contamination and ensures the integrity of buildings to be erected on the site.

ENV 8 - Water Resources

Seeks to ensure the prevention of the pollution of existing water courses and that appropriate drainage measures are incorporated into the development including the use of sustainable drainage systems where appropriate.

ENV 11 - Neighbouring Amenities

Provides for new development subject to it not adversely affecting the amenities of nearby residents through significant loss of outlook, privacy or disturbance.

ENV 13 – Building Design

Seeks to ensure that new buildings are of appropriate design and appearance within their surroundings and that suitable materials and detailing are used.

ENV 14 – Access Design

Requires the provision of appropriate access for all and to ensure that traffic and road access can be satisfactorily accommodated by the local network without adversely affecting the character of the surrounding environment.

Other Local Policies of Note

Warwickshire Final Local Transport Plan 2006

5.3.7 The Plan covers the period 2006 – 2011 and provides details as to how the County Council and its partners aim to improve transport and accessibility over the 5-year period and also sets out the types of improvement that may be required over the next 15-20 years. It notes that there are seven areas within the county, each with their own characteristics, problems and opportunities.

5.3.8 For North Warwickshire, the key priorities are considered to be the completion of the Coleshill Parkway Station and improved links from the area to the West Midlands conurbation and Birmingham International Airport/NEC. Figure 5 in the document identifies the key proposals for North Warwickshire and which includes as No: 9 the A51 Dosthill Bypass. The supporting text states the following:

“The County Council, in conjunction with North Warwickshire Borough Council, Tamworth Borough Council and Staffordshire County Council, will keep under review the need for, and benefits of, a bypass of Dosthill on the A51.”

5.3.9 The proposed bypass scheme does not benefit from any allocation of funding, is not included as an existing major scheme and is not identified within the “New major scheme bids planned for submission during this Local Transport Plan period.”

Staffordshire Local Transport Plan 2000-2006 and 2006-2011

5.3.10 Makes no reference to the provision of the A51 Dosthill Bypass and the scheme is not include within the bid programme.

Tamworth Local Plan 2006

5.3.11 Provides the policy framework for the development of Tamworth district with policies saved under the new planning system until 2009. Policy TRA8 – Transport

Proposals, provides for a series of schemes to be carried out within the plan period in order to cater for the existing and forecast transportation needs of the Borough and includes:

“a) Dosthill Bypass”

the justification for which is to improve the conditions within the village particularly along the High Street which was considered to be experiencing high volumes of traffic. There is also a clear reference to the fact that North Warwickshire Local Plan had not included the bypass as a proposal.

6. PLANNING CONSIDERATIONS

6.1 Relationship of Proposed Development with the Extant Outline Planning Permission.

6.1.1 The proposed development seeks to implement the long-standing planning permission. However, there has been a change in circumstances since the original permission was granted. Most notable is that land to the south and east of Rush Lane now benefits from a separate outline planning permission for employment development and is no longer subject to the provisions of the original outline planning permission. This land effectively formed phase 2 of the development proposed through the original outline and its development would have triggered a number of requirements, notably access. The remaining area of land to the north of Rush Lane comprising Phase 2 is therefore reduced so significantly to the extent that the level of obligation placed upon it by the original conditions is considered unduly onerous and that, unless the requirements of the conditions are revisited through this application, only land originally identified as Phase 1 would likely be developed. These changes are considered below.

6.1.2 This application therefore seeks to develop the land to the north of Rush Lane as a single phase. To enable this, Reserved Matters approval needs to be granted in variation to Condition 5 of the outline permission that required development in two phases. This need for phasing, based upon transportation and highways grounds, has been superseded by the grant of the separate outline permission for the development of land to the south which enables its development to be accessed from Rush Lane.

6.1.3 Condition 6 of the outline permission requires that the Phase 1 development has only a single access point, some 160m to the east of the A51 junction. The Highway Authority has accepted that should development occur only on land originally identified as Phase 1, and the access required by Condition 6 implemented, it would ultimately result in an access directly onto the Dosthill bypass. This would not be satisfactory to the Highway Authority but would be fully compliant with the conditions of the permission. The Highway Authority has therefore indicated its support in principle, through pre-application discussion, for the inclusion of the remaining land (remnant Phase 2 land) to create a single phased development and to relax the other requirements of Condition 10 of the permission (extension of spur road to connect to Rush Lane bridge, closure of Rush Lane to the south). This in-principle

support is subject to the spur road being extended beyond the 160m originally agreed to the point where the future roundabout, proposed as part of the bypass, would be built and a single access provided from it into the development.

6.1.4 The proposed development therefore extends the spur road to 270m and provides a turning head with access to the development.

6.1.5 Through the development of the site as a single phase, and the provision of the access on the basis outlined above, the future implementation of the proposed Dosthill bypass, including roundabout junction, would not be prejudiced and the Highway Authority preference that there be no direct access from development on to the bypass would be achieved.

6.1.6 There would be no vehicle access, other than for emergency vehicles, from the development onto Rush Lane.

6.1.7 The proposed layout of the development has been informed by the ground conditions of the site. As set out in para 4.2.1, above, the site is a former quarry site that was excavated to various depths and subsequently infilled and compacted. These operations were supervised by a geo-technical engineer. The reclamation resulted in development zones being defined by virtue of the position of the high walls (the boundaries between zones of differing depth of excavation). It is preferable for built development to be constructed within individual development zones as opposed to across the boundary of different zones.

6.1.8 As a consequence, the proposed development has been unable to fully comply with the provisions of Conditions 4, 13 and 15 of the outline permission.

6.1.9 Firstly, Condition 4, required the reservation of a land corridor to provide for the development of the Dosthill bypass and a structural planting belt of 15m. Whilst the submitted proposals do not prejudice the implementation of the bypass, it would result in the reduction of the landscaped belt sought by Condition 13, particularly along the frontage of the bypass. This is primarily a consequence of taking the ground conditions into account and in order to provide a satisfactory layout of the proposed development. The position of the buildings immediately adjacent this belt is maintained, as sought by Condition 15, where possible.

6.1.10 The landscaped belt was sought as part of the environmental enhancement of the area and to provide for additional screening of the proposed development from the dwellings to the north. The proposed development, is considered to achieve the

aims of the condition, albeit with reduced landscaping, and the development of this part of the site for class B1 uses (which are defined as uses that could be accommodated within residential areas), would ensure that the appearance of the buildings would be of a higher quality than for general industrial use thereby ensuring an acceptable outlook for the dwellings. This matter has been discussed with the Local Planning Authority during the pre-application process and has been accepted in principle.

6.1.11 Towards the eastern end of the site, a landscaped bund would be provided next to the spur road and would provide a level of screening to the access road into the site. The proposed larger units would be provided to the south of this bund and would be 50m to the south of the bund. Again, due to the nature of the development zones that were created as part of the restoration of the site, it has not been possible to locate the buildings immediately next to the access road.

6.1.12 Condition 15 of the permission sought to avoid open areas of land between the bypass corridor and new buildings in order to reduce the potential impact of noise affecting the amenities of nearby residents. A noise assessment has been produced is support of this application and notes that the level of ambient noise in the area as a consequence of the railway and the A51 is such that noise generated by the development is not likely to have any additional adverse impact upon the overall noise within the area. The proposed layout of the development has also been designed to ensure that noise breakout is minimised through the careful siting of buildings and the distribution of uses.

6.1.13 Condition 17 was worded to reflect the obligation within the s106 agreement attached to the planning permissions for the mineral extraction and restoration of the site that sought to enhance the ecological value of the site. This identified areas of land that should be kept free from development and included a strip immediately adjacent to the eastern boundary of the SGB site. A supplementary Deed was signed by the parties on 2 December 1998 amending this obligation (see Appendix 5) and removed the this strip from the requirement. The land has therefore been included within the development area.

6.2 Use

6.2.1 The proposed uses accord fully with the extant outline planning permission and provides for B1, B2 and B8 uses within a suitable mix of unit size that would help to sustain a variety of job creation, contribute to the continued economic development

of the borough and respond to the market requirement for small to medium premises.

6.3 Layout

6.3.1 The proposed layout is considered to provide for an efficient use of this previously developed site and take full account of the constraints imposed as a consequence of the previous uses.

6.4 Access, Highways and Parking

6.4.1 The proposed access into the development, comprising the access from the turning head and the extension of the spur road, has been designed following full consultation with both North Warwickshire Borough Council (as the Local Planning Authority), Warwickshire County Council (as Highway Authority) and, given the location of the site immediately adjoining a neighbouring county, Staffordshire County Council (as adjoining Highway Authority).

6.4.2 The Transport Assessment submitted with this application has considered the impact of the proposed development on the operation of the existing junction and considered it satisfactory requiring no modification as a result of the proposed development. Furthermore, it has also provided an assessment of the roundabout junction should the bypass be constructed and, again, considers that the proposed development would have minimal impact upon its capacity and would have no significant effect upon the immediately surrounding highway network.

6.4.3 The design of the proposed spur road, and access from it into the site, ensures that appropriate access/egress is provided to/from the site and, crucially does not prejudice the future implementation of the bypass and the construction of the roundabout junction at this point.

6.4.4 Within the development site, an appropriate road layout is provided ensuring ease of access and movement. Parking is provided to meet the needs of the development. A suitable level of cycle parking is also provided. An outline Travel Plan is also submitted in support of the application and sets out measures that could taken by the future occupiers of the site to help reduce journeys by car.

6.4.5 The access, highways and parking implications of the proposals are therefore considered to be acceptable.

6.5 Design and Appearance

6.5.1 The building designs would provide an attractive appearance to the development and, particularly, along the frontages to the A51 and the spur road that could eventually form part of the Dosthill bypass which require a higher quality of appearance than buildings closer to Rush Lane and are considered to provide acceptable views from the residential area to the north of the site. These frontages will also be enhanced through the proposed landscaping.

6.6 Landscaping

6.6.1 The proposed development would incorporate additional landscaping to enhance the appearance of the site, particularly when viewed from the A51 and the proposed bypass route which are considered to be key points of view into the site and as the entrance to Dosthill itself. The proposed scheme, which is shown on submitted Drawing No: P006, shows the provision of new tree planting on these main frontages as well as along the edges of Rush Lane. In addition, the primary landscape feature would the creation of a 15.0m long, 5.0m high bund that would help provide a visual screen to the larger units when viewed from the north.

6.7 Other Matters

6.7.1 Through the helpful pre-application discussions held with North Warwickshire Council, the applicant recognises that additional information would be required for submission in order to discharge the requirements of Condition 16 of the outline planning permission. This application is not seeking the discharge of the condition at this time and continued discussions with the Environmental Health Department of North Warwickshire Borough Council will be held in order that satisfactory and appropriate measures are taken to prevent the ingress of gas to the buildings prior to their construction.

Section 106 Matters

6.7.2 As part of the planning permissions for the mineral extraction and subsequent restoration of the site, issued by Warwickshire and Staffordshire County Councils, an obligation was placed upon the landowner to reserve an appropriate land corridor for the development of the proposed Dosthill Bypass. Provisions were included for the option to transfer the land to the County Council, as Mineral Planning Authority, with vacant possession and subject only to encumbrances existing at the date of the agreement. The option has not been exercised. In order

for the development of the site to go ahead, the agreement would need to be amended to reflect the need for the future occupiers of the site to be granted access to the development along the road until such time that the road has been adopted as public highway. The issue has been raised through the pre-application discussions with the Highway Authorities, who have indicated that they would be willing to support any such Deed of Variation.

7. CONCLUSION

7.1.1 The proposed development is considered to accord with the provisions of the national, local and regional policy framework relating to the development of new employment opportunities. The proposed development would result in the implementation of this long standing planning commitment and provide for local employment opportunities in a sustainable manner through the reuse of this previously developed site.

7.1.2 The application is therefore recommended to the Council for its consideration and approval

25 APPENDIX 1: EIA Screening OpinionLetter submitted to NWBC 19 December 2007 dosthillEIAscreening

DenisWinterbottom ThePlanningDivision NorthWarwickshire Borough Council RobWells The Council House E:[email protected] SouthStreet DL:+44 (0) 121634 8434 Atherstone F:+44(0)121 633 3666 Warwickshire CV91BD CaxtonHouse 1 Fore Street Birmingham B2 5ER T:+44(0)121 633 3733 savills.com

DearMrWinterbottom

Land to the north of Rush Lane, Dosthill Town & Country Planning(Environmental ImpactAssessment)(England&Wales) Regulations1999 Request forScreeningOpinion from the Local PlanningAuthorityunder Regulation 5

Outlineplanningpermissionforthe “industrial” developmentoftheabovesitewasgrantedon3June1997 (ref:PKINDO/0683/97/FAP)withconditionssubsequentlymodifiedonappealon13July1998.Thetimelimit withinwhichtosubmitReservedMattershasbeenextended,mostrecentlythroughpermissionref: PAP/2005/5183grantedon15February2006thatextendedtheperiodto15February2008.Aplan identifying thesiteis attached to this letter.

Theoutlineplanningpermissionpre-datedtherequirementforaEnvironmentalImpactAssessment(EIA)to besubmittedinsupportoftheapplication.Iamthereforewritingseekingaformalscreeningopinionfromthe LocalPlanningAuthority astotherequirementforanEIAtobesubmittedinsupportoftheReservedMatters application.An applicationis currentlybeing preparedforsubmission before 15 February 2008.

TheProposed Development

TheReservedMatterswillbeforanemploymentdevelopment(UseClassesB1,B2andB8)ofupto 18,000sqm(200,000sqft)witharangeofbuildingsizesincludingaproportionofsmallerunits.(likely maximumrangebetween450sqmand6970sqm(5,000sqftand75,000sqft)).Thebuildingswouldbe designed as two-storey up to a heightof 12.0m for the larger units.

TheSite

Thesite area is approximately 8ha (20acres).

Previous Uses

Formerlyamineralsextractionsite,ithasbeeninfilledandreinstatedinaccordancewiththerequirementsof planningpermissionNW5/94CM032whichincludedas106AgreementbetweenStaffordshireCounty Council,WarwickshireCountyCouncil,ClayCollieryCompanyLtdandWalbrookPropertiesLtddated9 August 1996.

EIA Consideration

The proposeddevelopment does not fallwithin Schedule 1 ofthe Regulations.

Officesand associates throughout theAmericas, Europe, Asia Pacific,Africaand the Middle East.

SavillsCommercial Limited.CharteredSurveyors.Asubsidiary of Savills plc.Registeredin England No.2605125. Registered office: 20GrosvenorHill,LondonW1K3HQ a Theproposeddevelopmentwouldbeanemploymentestateofareagreaterthan0.5haandthereforethe site isconsideredto fall withinPart 10(a) of Schedule 2 oftheRegulations.

IndeterminingwhetheraSchedule2developmentrequiresanEIA,theprovisionsofSchedule3mustbe referred to and relatetothe likelihood of significanteffects on the environment arising from:

· thecharacteristics ofthe proposed development · thelocationofthe development · thecharacteristics ofthe potential impact

Paragraph33ofthecompanionCircular02/99 – EnvironmentalImpactAssessmentalsoadvisesthatthe SecretaryofStateconsiderstheretobethreemaincircumstanceswhereaSchedule2developmentmay require an EIA. These are:

· Major developments that are ofmore than localimportance · Developments proposed inparticularly environmentally sensitive orvulnerable locations · Developments with unusuallycomplex or potentiallyhazardous environmentaleffects

ParagraphA17ofAnnexAtothecircularalsonotesthatanEIAismorelikelytoberequiredforthe developmentof an industrial area if thesite area ismore than 20ha.Thisis not thecaseinthis instance.

Characteristicsof theProposed Development

Theproposalswouldresultinthedevelopmentofupto18,000sqmonasitethatbenefitsfromanextant outlineplanningpermission.Itwouldprovidearangeofunitsizesthatwouldprovideforlocalemployment opportunities.Thesizeoftheproposeddevelopmentisnotconsideredtobeofascalethatwouldhave significant environmentalimpact.

TheapplicationsitewouldincludelandtothenorthandwestofRushLane.Landtothesouthandeastof RushLane,whichbenefitsfromaseparateplanningpermissionforB1,B2andB8development,isexcluded fromtheapplication.Thenatureandscaleofoperations,consideredcumulativelywiththeproposed development, is not considered likelytohave significant environmentalimpact.

Theproposeddevelopment’suseofnaturalresources,productionofwasteorcreationofpollutionand nuisanceisnotconsideredlikelytoexceedthatnormallyexpectedfromsuchdevelopment.Appropriate measurestoimprovethe sustainabilityoftheschemewillbeconsideredaspartoftheplanningapplication.It isnotconsideredtherefore,thatthedevelopmentwouldhaveasignificantenvironmentalimpactontheuse of natural resources.

The risk of accidentsassociated with thedevelopmentisconsideredtobeminimal.

Locationof the Proposed Development

Thesiteisontheedgeofanexistingbuilt-upareaandisnotadesignatedsensitivesiteasidentifiedinsub- clauses (i)–(viii) ofPart 2(c) of Schedule3 of the Regulations.

Formerlyamineralextractionsitethathasbeeninfilledandrestored,theproposeddevelopmentrepresents theefficientreuseofapreviouslydevelopedsite.Theimpactoftheproposeddevelopmentisconsideredto be significantlyless than the previous impactofamineral extraction site or landfillsite.

Therelationshipwithadjoininguseshasalreadybeenconsideredinprinciplethroughtheconsiderationof earlierplanningapplicationsincludingtheextantoutlineplanningpermissionandhasbeenconsidered acceptable. It isnotconsidered thatthere has been anysignificant change in circumstance to alterthis view.

Page2 a Characteristicsof thePotential Impact

Anypotentialimpactofthedevelopmentisconsideredlikelytobeconfinedtotheimmediatelocalityandbe derivedprimarilyfromtraffic.Thismatterwillbeconsideredaspartoftheplanningapplicationsubmission. Appropriatemitigationmeasureswillberecommended,asnecessary,andthereforethemagnitudeofthe impact is not likely to give rise to anysignificant environmental impact.

Finally,theproposeddevelopmentisnotconsideredtobeofmorethanlocalimportance,itisnotbeing proposedinanenvironmentallysensitiveorvulnerablelocationandwillnotgiverisetoanycomplexor hazardous impacts.

Conclusion

Theproposeddevelopmentofthesiteforasmallscaleemploymentparkisnotconsideredlikelytogiverise toanysignificantimpactupontheenvironmentandwouldresultinthebeneficialuseofthisreclaimedsite. Consequently, it isconsidered that an EIAis not required.

InotethatunderRegulation5(4),theLPAhasathreeweekperiod,fromthedateofreceiptoftherequest, withinwhichtoadoptascreeningopinionandawaityourdecisionaccordingly.Giventhetighttimeframefor thesubmissionof the ReservedMattersapplication, an earlier response would be gratefully received.

Pleasedonot hesitate to contact meshouldyou need to discuss this matterfurther.

Yourssincerely

RobWells Associate

Page3

APPENDIX 2: SiteIdentification Plan Site Identification Plan APPENDIX 3: Outline Planning Permission PKINDO/1358/94/OAP

APPENDIX 4: Appeal Decision Ref: T/APP/R3705/A/98/290871/P7

APPENDIX 5: Supplementals106Agreement