PLANNING APPLICATIONS

PLANNING AGENDA

21-Oct-2020

BACKGROUND PAPERS

“The background papers relating to reports on planning applications and which are open to public inspection under Section 100D of the Local Government Act 1972 consist of all written responses to consultations made by the Local Planning Authority in connection with planning applications referred to in the reports.”

Please note that the order of items discussed on this agenda may be subject to change and you are advised to be in attendance from the beginning of the meeting to hear and/or speak on a particular item.

List of Planning Applications on this Agenda

Application Number Location

DA/2020/0486 Daventry

DA/2020/0626 Daventry

DA/2020/0719

The latest version of the National Planning Policy Framework was published and came into force on 19 February 2019 and took immediate effect for decision making on planning applications superseding the previous version.

Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise. The National Planning Policy Framework must be taken into account in preparing the development plan, and is a material consideration in planning decisions. Planning policies and decisions must also reflect relevant international obligations and statutory requirements.

The policies in the Framework are material considerations which should be taken into account in dealing with applications.

The presumption in favour of sustainable development remains:

For decision-taking this means:  approving development proposals that accord with an up-to-date development plan without delay; or  where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless: i. the application of policies in the Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole.

Paragraph 213 states:

…existing policies should not be considered out-of-date simply because they were adopted or made prior to the publication of this Framework. Due weight should be given to them, according to their degree of consistency with this Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).

In the case of Daventry District, this includes the West Northants Joint Core Strategy 2014, and the various neighbourhood plans that had been made before 19 February 2019.

Significantly, following the decision of the Council to adopt the Settlements and Countryside Local Plan (part 2) for Daventry District on 20th February 2020 the saved policies of the Daventry District Local Plan 1997 now fall away as they are superseded. Adopted supplementary planning documents and guidance can continue to be given weight where they are in accordance with the new Local Plan and the NPPF and National Planning Guidance.

Application DA/2020/0486 Case Officer NISAR MOGUL

Parish DRAYTON

Date Valid 6 JULY 2020

Location LAND AT 1, ORCHARD STREET, DAVENTRY, , NN11 9EU

Development CONSTRUCTION OF ONE PAIR OF SEMI-DETACHED DWELLINGS.

Applicant MISS M ADDISON

Recommendation – APPROVE

Members’ Notes

Summary

This full application seeks permission for the construction of a pair of semi- detached dwelling on the side garden area of no.1 Orchard Street, Daventry. The site lies within the Daventry Urban Area which is the first in the hierarchy of where new housing development should be directed and hence the principle of the development is acceptable in this instance.

The proposed site is circa 35 metres at it’s longest point and 15 metres in width and is rectangular in nature and currently serves as part of the garden area of the host property.

The original proposal was for two semi-detached dwellings that incorporated bedrooms within its roof space, effectively three storey dwellings where the ridge of the roof was substantially higher than the existing host dwelling.

The revised scheme, removed the second floor element and reduces the overall height of the ridge of the roof to be in line with the existing host dwelling.

Concerns were raised in representations that the proposal would have a detrimental impact upon the amenity of the neighbouring resident to the rear of the site, no.26 Coldstream Close, by virtue of the first floor windows to the rear elevation leading to potential overlooking to habitable rooms on this bungalow. However, the window to window relationship from the rear elevation of the proposed dwellings and the nearest elevation to the bungalow facing the site is a minimum of 19 metres and hence it is considered to be an acceptable relationship that would not warrant a refusal on overlooking or loss of privacy grounds.

However, through negotiations with the Agent, an amended plan was received that proposed that the top half of the windows to these bedroom areas to the first floor rear elevations to be obscure glazed and top hung hence

considerably reducing any undue overlooking issue for the occupants of no.26.

Concerns were also raised by some residents and the Town Council on highway safety grounds. The Highways Officer is satisfied that the relationship between the proposed access and the junction of Orchard Street/ Western Avenue, which requires a minimum of 10.0m from the junction to an access point has been met in this case and the actual distance is around 20.0m between the junction and the access.

The proposed dwellings would be acceptable in terms of their character and appearance and impact upon residential amenity and the site layout. The proposal will not cause any harm to the character and appearance of the streetscene to warrant a refusal on these grounds. The proposal is considered to be acceptable in terms of highway safety and parking owing to the local context of the locality.

Accordingly, the proposal is considered to conform with policies S1 and S10 of the Joint Core Strategy 2014 and policies SP1 and ENV10 of the Daventry District and Countryside Local Plan (Feb 2020) as well having regard to the NPPF.

Consultations:

Town Council – On original proposal - Objects due to detrimental impact on proposed access for the two dwellings would have on highway safety.

On amended proposal - The Town Council has reviewed the amended application and reiterates its objection due to the detrimental impact on Highway Safety with the proposed vehicular access direct from Western Avenue which does not have direct access to the highway for any dwelling along its length. DTC would recommend that a site visit is completed as the planned egress is directly adjacent to a main junction and road (Western Avenue) which is highlighted as dangerous due to a fatal traffic collision.

NCC (Local Highway Authority) – On original proposal - Whilst the LHA does not object to this proposal as it meets all of the requirements set out in our Standing Advice, we would wish to highlight that during pre-application discussions, the applicant put forward a similar proposal that also incorporated off-road parking for the existing dwelling (No. 1) which would have offered a betterment in terms of parking along this busy section of Western Avenue. This would have had the full support of the LHA. Should the Local Planning Authority be minded to grant planning consent, please ensure the proposal is built out fully in accordance with drawing No. A35–2A.

Please note that the applicant will be required to obtain a Section 184 licence from Northamptonshire Highways Regulations on receipt of a planning Consent in order to carry out works to the site access within public highway land. Please note also that the works necessary to be undertaken within publicly maintained highway land must be undertaken only by a Northamptonshire Highways Approved Contactor; who has the required and necessary public liability insurance in place.

On revised proposal and following comments from the Town Council - I have received information back from our Road Safety Team.

The circumstances of the fatal collision were as follows;

The collision occurred on 13/11/2016 at 17.30. It is not known if it was completely dark (it is likely daylight was disappearing) but the area is street lit. A 92 year old male pedestrian crossed the road at the informal pedestrian crossing point (indicated below), failing to look properly and was struck by a vehicle travelling from the north. The pedestrian passed away. The collision is not associated with the junction with Orchard Street. There are no other injury collisions within this immediate area.

From the LHA’s point of view, this fatal collision would have no relevance to the development proposal.

Additionally, with regards to the relationship between the proposed access and the junction of Orchard Street/ Western Avenue, the LHA require a minimum of 10.0m from the junction to an access point which is met in this case. I believe it is around 20.0m between the junction and the access. Overall, therefore the Highways Authority do not object to the proposal subject to informatives being included in any planning approval.

DDC (Landscape Officer –Resources) – Verbal comments received.

DDC (Environmental Health –Community) – No objections subject to the conditions and informatives.

Neighbours – On original proposal – Six letters of objection –  Does not appear to appropriate development  Three storey houses will dominate  Insufficient space between proposed development and existing dwelling  Detrimental impact on 26 Coldstream Close  The current walk way from Cherry Orchard alongside the allotments to the A45 will become hazardous  Loss of privacy

On amended plans – Three letters of objection –  Road safety concerns/access is dangerous.  Overlooking from first floor windows to rear elevation will cause overlooking to our bungalow.  Tree to front boundary being removed

Site notice – expired 14/8/2020.

Development Plan Policies

West Northamptonshire Joint Core Strategy Local Plan (Part 1) (Dec 2014):

Policy SA Presumption in Favour of Sustainable Development Policy S1 Development will be primarily in and adjoining the principal urban area of Northampton. Development in the rural areas will be limited with the emphasis being on maintaining the distinctive character and vitality of rural communities. Priority will be given to making best use of previously developed land. Policy S10 Sustainable Development Principles Policy H1 Housing density and mix and type of dwellings

Settlements and Countryside Local Plan (Part 2) (February 2020):

Policy SP1 – Daventry District Spatial Strategy.

Policy H08 – Housing Mix and Type.

Policy ENV10 – Design - focuses on design and it states that all development must promote or reinforce local distinctiveness and enhance its surroundings and must take account of local building traditions and materials. The scale, density, massing, height, layout and access of the proposal must combine to ensure the development blends well within the site and within its surroundings.

Material Considerations

National Planning Policy Framework (NPPF Feb 2019):

Part 2 Achieving Sustainable Development

Part 4 Decision Making

Part 5 Delivering a Sufficient Supply of Homes

Part 11 Making Effective Use of Land

Part 12 Achieving Well-Designed Places

Relevant Planning History

None.

Observations

Site description:

The application site lies within the Daventry Urban Area and is the land adjacent to the host dwelling, no. 1 Orchard Street that lies to its northern boundary. The proposed site is circa 35 metres at it’s longest point and 15 metres in width and is rectangular in nature and currently serves as part of the garden area of the host property. The rear boundary of the site is screened with a 2 metre high close boarded fencing with additional semi-circular trellises on top. The southern boundary is screened with established trees and hedging whilst the front boundary has a low level picket fence with a gated pedestrian access.

To the southern boundary of the site there is a there is a pedestrian access that leads to Coldstream Close and adjacent to this pedestrian access is large area of rectangular land that currently is used as allotments.

The host property to the northern boundary is an established semi-detached dwelling that lies circa 10 metres back from its front boundary and is constructed of facing bricks that has been rendered and has a flat roofed canopy over its front door entrance to the front elevation and the roof has been constructed of brown concrete tiles. There is a window to the first floor gable end that serves a landing area and a window to the ground floor of the same elevation that serves a lounge area that has an additional window to its rear elevation serving the same room. To the rear

elevation there is a single storey extension adjacent to the neighbouring property’s (no. 3 Orchard Street) side/rear boundary.

The rear boundary of the site lies no.26 Coldstream Close. This property is a large ‘L’ shaped bungalow that has a conservatory to its rear elevation facing the application site and overall this dwelling sits at quite a higher level than the ground at the application site.

Proposal Description:

The original proposal was for two semi-detached dwellings that incorporated bedrooms within its roof space, effectively three storey dwellings where the ridge of the roof was substantially higher than the existing host dwelling and had flat roof dormers to the rear roof slope and large 4 sectioned velux windows to its front roof slope with flat roofed front porches to their front elevation and flat roofed single storey elements to their rear elevation.

However, this was considered by the Case Officer to have quite a detrimental impact on the occupants of the property to the rear of the site, no. 26 Coldstream Close, in terms of overlooking and was also considered to have an overbearing impact on the this property. After negotiations with the Agent, an amended plan was received that reduced the overall height to the ridge of the dwellings in line with the existing host dwelling and removed the second floor dormers and velux windows in the rear and front roof slopes.

Whilst the Highways Authority did not object to the revised scheme on highway safety grounds, a further amendment was sought and was submitted to include an off road parking space for the existing dwelling.

The final revised scheme sets the main body of the dwellings marginally forward of the main body of the existing host dwelling and also marginally further back from its rear elevation. The proposed dwellings each incorporates a lounge, kitchen/breakfast room and wc to its ground floor and 3 bedrooms and bathroom to its first floor. The nearest dwelling to the host property, plot 2, is set 1.2 metres away from the side elevation of this property. There is a separation of circa 8.7 metres from the mid point of the rear boundary to the mis point of the proposed semi-detached dwellings. The existing boundary treatment to rear boundary adjacent to no. 26 Coldstream Close is to be retained whilst new boundary treatment is proposed to other boundaries within the site.

There are two off road parking spaces to be provided for each plot in addition to a single off road parking space for the existing dwelling.

Assessment of Proposal:

The determining issues in this case are the principle of the development within this Daventry Urban Area, the impact upon the character and appearance of the area, the impact upon neighbouring amenities and highway safety and other related matters having regard to the provisions of the development plan: West Northamptonshire Joint Core Strategy, The Daventry District Settlement and Countryside Local Plan (Part 2) (Feb 2020) and to other material considerations including the National Planning Policy Framework (2019).

The Development Plan

Planning applications should be determined in accordance with the provisions of the Development Plan unless material considerations indicate otherwise. The current Development Plan comprises of The West Daventry District Settlement and Countryside Local Plan (Part 2) (Feb 2020) and the West Northamptonshire Joint Core Strategy (JCS).

West Northamptonshire JCS policy SA relates to the presumption in favour of sustainable development. SA relates to the principle of sustainable development. S10 seeks to protect the built and natural environment. JCS policy S1 is a policy which seeks to allocate development in the primary principal urban area of Northampton.

Policy ENV10 of The Daventry District Settlement and Countryside Local Plan (Part 2) focuses on the design of development. Development that is of a high quality and, in particular proposals of an exemplary and innovative design that reflect and integrate with the surrounding area and create a strong sense of place, will be supported. To achieve high quality design, development should promote or reinforce local distinctiveness and enhance its surroundings and take account of local building traditions and materials. The applicant must ensure that the scale, density, massing, height, layout and access of the proposal combine to ensure the development blends well within the site and with its surroundings. Crime prevention measures should be incorporated into the proposal along with any existing landscape features. The amenity of new and existing dwellings must also be protected.

Other Material Considerations

The Framework:

The National Planning Policy Framework (The Framework) is a significant material consideration in the determination of this application. It sets out the Government’s planning policies for England and how these are expected to be applied. It makes clear that it’s a material consideration in planning decisions and that the purpose of the planning system is to contribute to achievement of sustainable development which has three elements to it economic, social and environmental which are seen as mutually dependent (Paragraphs 7 to 11 ).

Paragraph 11 of the Framework makes clear that there is a presumption in favour of sustainable development and that this is the 'golden thread' which should run through both plan making and decisions.

Paragraph 127 of the Framework seeks to ensure developments function well and add to the overall quality of the development and respond to local character and history.

The principle of residential development

As the proposed development for the pair of semi-detached dwellings on this site which lies within the Daventry Urban Area is considered to comply with the principle of the development as the focus of new development within the Daventry Town Centre/ Urban Area is first on the list of hierarchy within the District for new development and hence it is considered that the proposal complies with policy S1 of the WNJCS and policy SP1 of the SCLP.

Impact on the Character and Appearance of the Locality:

Under current development plan policy, design is assessed against ENV10 of the SCLP. The design provisions of ENV10 require reinforcement of local distinctiveness, and enhancement of and blending in well with surroundings.

The original proposal was for a pair of semi-detached dwellings that was that was considered to be three storey high with the height to the ridge of the roof being taller than the existing host dwelling and had flat roofed dormers within the rear roof slope and large windows within the front roof slope facing the streetscene to accommodate bedrooms in the roof space. This proposal was considered to have a detrimental visual impact on the streetscene and hence through negotiations with the Agent amended plans were submitted to overcome this issue.

The revised scheme, removed the second floor element and reduces the overall height of the ridge of the roof to be in line with the existing host dwelling. The design of the roof incorporates gable ends to their side elevation in line with other semi- detached dwellings within the street scene. There is a single storey flat roofed front element that is similar in the design to some dwelling on the opposite side of the road, ‘The Pyghtles’, and the general window detailing is similar to other properties found within the vicinity. The proposed external materials to be used in the construction of the dwellings are render to the facing walls and roof tiles to match the tiles on the host dwelling. There is some cladding proposed to the first floor front elevations which will break up the render and add some interest to the dwellings.

Overall, it is considered that the design would result in a pair of semi-detached dwellings which reflects the surrounding character and would not appear out of context in this location. There will be sufficient front and rear garden space, parking and separation distances between the existing and proposed dwellings. As such the proposal will not lead to any adverse visual impact within the streetscene and hence it is considered that the proposal will accord to policy ENV10 of the Settlement and Countryside Local Plan (part 2), JCS policies S1 and H1 and the NPPF.

Impact on residential amenity:

Concerns were raised in representations that the proposal would have a detrimental impact upon the amenity of the neighbouring resident to the rear of the site, no.26 Coldstream Close, by virtue of the first floor windows to the rear elevation leading to potential overlooking to habitable rooms on this bungalow. However, the window to window relationship from the rear elevation of the proposed dwellings and the nearest elevation to the bungalow facing the site is a minimum of 19 metres and hence it is considered to be an acceptable relationship that would not warrant a refusal on overlooking or loss of privacy grounds.

However, through negotiations with the Agent, an amended plan was received that proposed that the top half of the windows to these bedroom areas to the first floor rear elevations to be obscure glazed and top hung hence considerably reducing any undue overlooking issue for the occupants of no.26.

With regards to the existing dwelling there is a side facing window on the ground floor facing the application site that serves a lounge area. However, there is a window to the rear elevation that serves the same area and therefore the impact on this lounge area with regards to loss of light is not regarded sufficient to warrant a refusal on these grounds. Additionally, this property is in the ownership of the Applicant currently and should it be sold in the future then it will be a case of ‘buyer be aware’.

Overall due to the location of the proposed dwellings to the surrounding existing properties in the vicinity, it is considered that the proposal will not lead to the proposed dwellings having an overbearing impact or lead to any undue loss of light to any surrounding dwellings and hence the proposal complies with policy ENV10 of SCLP.

Parking and highway safety.

Concerns were raised by some residents and the Town Council on highway safety grounds and to the loss of tree to the front boundary of the site.

The original proposal provided two off road parking spaces to each of the new dwellings to its front drive and whilst the Highways Authority did not object to the proposal, an amended plan was submitted to include an off road parking space for the existing dwelling too.

The Highways Officer is satisfied that the relationship between the proposed access and the junction of Orchard Street/ Western Avenue, which requires a minimum of 10.0m from the junction to an access point has been met in this case and the actual distance is around 20.0m between the junction and the access.

The landscape Officer has verbally confirmed that whilst the removal of the tree to the front boundary of the site is not ideal, however, as the County Council have not objected to its removal subject to an informative being included that requires the applicant to employ the services of a certified traffic management company to carry out any works to the tree.

For the above reasons the access and parking arrangements are not considered to be an unsafe to warrant a refusal of the proposal on highways safety grounds.

Environmental Health

DDC Environmental Health Officer has commented on the proposal and subject to conditions and informatives relating to any unexpected contamination that may be present has not objected to the application.

CIL T he new property would be liable to pay the Community Infrastructure Levy (CIL) unless the applicant is able to successfully demonstrate an exemption. Provision of a new dwelling at this location would also contribute towards the New Homes Bonus for the Council.

Conclusion

The proposed dwellings would be acceptable in terms of their character and appearance and impact upon residential amenity and the site layout. The proposal will not cause any detrimental harm to the character and appearance of the streetscene to warrant a refusal on these grounds. The proposal is considered to be acceptable in terms of highway safety and parking owing to the local context of the area in which the site lies. Accordingly, the proposal is considered to conform with policies S1 and S10 of the Joint Core Strategy 2014 and policies SP1 and ENV10 of the Daventry District and Countryside Local Plan (Feb 2020) as well having regard to the NPPF.

Advice

That the application should be approved subject to the following conditions:

CONDITIONS 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. 2. All works shall be carried out in strict accordance with the following plans and documents:- Site location and Block plan at a scale of 1:1250 and 1:500 respectively and plan no. A35-2 Rev E received by the LPA on 5th October 2020. 3. Prior to construction above slab level, full details, including representative samples, of all new materials and finishes to be used in the construction of the dwellings shall be submitted to and approved in writing by the Local Planning Authority. All works shall then be carried out strictly in accordance with approved details. 4. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification) no development shall be carried out which falls within Classes A, B, C, D, E, F, G and H of Part 1 of Schedule 2 to the Order without the prior express consent of the Local Planning Authority. 5. The top half of the windows serving the bedroom areas on the first floor rear elevations of the proposed dwellings shall not be glazed or reglazed other than with obscure glazing and shall be top hung only. Additionally, the widows serving the wc or bathroom areas shall be top obscure glazed and top hung and shall not be glazed or reglazed other than with obscure glazing. 6. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification), no new windows, other than those expressly authorised by this permission, shall be inserted in the first floor rear or side elevations of the dwellings hereby approved. 7. If during development, contamination not previously considered is identified, then the Local Planning Authority shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the Local Planning Authority. The implementation of any remediation works will be detailed in a closure report to be submitted to and the Local Planning Authority prior to first occupation.

REASONS 1. To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004. 2. To ensure development is in accordance with the submitted drawings and details, and to enable the LPA to consider the impact of any changes to the approved plans. 3. To ensure that the materials and finishes are authentic and visually and functionally compatible with the character and appearance of the locality. 4. To protect the residential and visual amenity of the area. 5. In the interest of residential amenity.

6. To safeguard the amenities of nearby residents. 7. To ensure all contamination within the site is dealt with.

NOTES 1. As required by Article 35 of the Town and Country (Development Management Procedure) (England) Order 2015 (as Amended) the following statement applies:

In dealing with this planning application the Local Planning Authority have worked with the applicant in a positive and proactive manner with a view to seeking solutions to problems arising in relation to the consideration of this planning application. 2. The applicant’s attention is drawn to the fact that the Council has identified this development as liable for Community Infrastructure Levy (CIL) payments under the 'Daventry District Council Community Infrastructure Levy Charging Schedule –Approved' (31st July 2015 ) which has been implemented by the District Council under the provisions of 'The Community Infrastructure Levy Regulations 2010 (as amended).' Accordingly, unless exemptions have been sought under the provisions of the CIL Regulations, payment of CIL charges will be payable to the Council upon commencement of development. 3. Northamptonshire has varying levels of radon due to its underlying geology. Radon can enter buildings and affect the health of the occupants living in affected areas. Advice should be sought from local authority building control officers or from approved inspectors to establish if radon protection is necessary and if this is the case radon protection measures will need to be installed in accordance with BRE Report (BR 211 Radon: guidance on protective measures for new dwellings).

4. As nesting birds are protected by law under The Wildlife and Countryside Act 1981, a check for nesting birds will be undertaken prior to building work commencing. If nesting birds are identified, works in the area of the nest will be delayed until the birds have left the nest. 5. No demolition or construction work (including deliveries to or from the site) that causes noise to be audible outside the site boundary shall take place on the site outside the hours of 0800 and 1800 Mondays to Fridays and 0830 and 1300 on Saturdays, and at no times on Sundays or Bank Holidays unless otherwise agreed with the local planning authority. 6. The applicant will be required to obtain a Section 184 licence from Northamptonshire Highways Regulations on receipt of a planning Consent in order to carry out works to the site access within public highway land. Please note also that the works necessary to be undertaken within publicly maintained highway land must be undertaken only by a Northamptonshire Highways Approved Contactor; who has the required and necessary public liability insurance in place. 7. Should the proposed work to the Sycamore tree impact upon public highway land, the applicant will be required to employ a certified traffic management company to design, install and manage any such traffic or pedestrian management required to carry out said works. In the event that traffic or pedestrian management is required, the applicant, or those working on their behalf, will be required to submit a ‘Daily Whereabouts’ form to NCC New Roads & Street Works Team in order that works can be co-ordinated with other traffic management on the

highway network. This form can be obtained by emailing [email protected] Work must not be carried out within, or over, the public highway without the necessary permission or traffic/ pedestrian management in place.

Application DA/2020/0626 Case Officer S HAMMONDS

Parish ABBEY NORTH

Date Valid 5 AUGUST 2020

Location UNITS 2 & 4, RUTHERFORD WAY, DAVENTRY, NORTHAMPTONSHIRE, NN11 9RS

Development EXTENSION TO WORKSHOP UNIT TO INCLUDE EXTERNAL ALTERATIONS AND RECONFIGURATION OF CAR PARKING AND SERVICE YARD AREA.

Applicant JR MOTORSPORT LIMITED

Recommendation – Approve

Members’ Notes

Summary

This proposal for an extension to an existing business is a positive scheme that brings a range of environmental, social and economic benefits and accords with all of the relevant policies within the development plan. The local highway authority has objected on the basis of insufficient parking, but taking account of the circumstances of this particular proposal it would seem highly unlikely to result in an adverse impact on highway safety sufficient to warrant refusal of the application. Applying the planning balance it is considered that the benefits of this proposal and the strong fit with the policies of the adopted development plan far outweigh the minimal and unlikely potential harm to highway safety that might arise from the parking standards not being met. In accordance with JCS policy SA and paragraph 11 of the NPPF planning permission should be granted without delay.

Consultations

Daventry Town Council – no objection in principle, would support officers’ advice.

Cllr David James – no comments to make.

South East Midlands Local Enterprise Partnership (SEMLEP) – support. As you will be aware, JRM Limited Group are extending and remodelling one of their existing sites in Daventry, Northamptonshire, to create a Centre of Excellence for Lowcarbon Automotive Technologies (manufacturing and automotive). The project will involve the build of two test rigs suitable for use by OEMs in the design of new electric and lightweight vehicles, which are themselves carbon neutral during testing,

and provide the company infrastructure to acquire machining and additive manufacture (3D printing) equipment.

This Centre of Excellence will also create additional commercial incubation space for small and large businesses and be fitted with solar panels to provide between 75% and 100% of the energy needs for the site. The projected outputs are 465m2 new industrial and office floorspace at the site in Daventry, 45 new direct jobs and more than 30 businesses to be assisted as a result in the South East Midlands, with a 1008 tonnes reduction in CO2 by 2030.

This project was approved by the SEMLEP board earlier this year to receive a £1.63496M contribution from the Local Growth Fund based on completion by May 2021.

Due to the tight delivery timescales of projects receiving Government funding and in light of COVID-19, any prioritisation you can give to the planning decision would greatly aid the project to progress and draw down their funds on time to help facilitate delivery.

NCC (Local Highway Authority) – objection. The provision of parking within the site falls well short of the required amount in line with NCC’s adopted Parking Standards. 24 spaces are proposed however standards for B2 use for the proposed size of building would require 43 spaces. The construction of the extension also removes any extra capacity for additional parking within the site. The LHA would anticipate that there would be an impact on the surrounding public highway in terms of obstruction and safety.

Having been pressed further on the matter of parking provision, I have read the applicant’s supporting information and understand their argument. Nonetheless the number of full time employees is going from 30 to 55 as a result of this development with staff transferring here from two other sites, but only 6 additional parking spaces are to be provided. These numbers are enough to give us significant concern that there will be a shortfall in parking space. This is not like other applications for extensions to industrial units where the additional space may just be to consolidate operations or provide more storage with no impact on the demand for parking. Those scenarios allow us to make an informed decision even if the additional floorspace technically requires more parking. However in this case with additional staff being transferred to the site, this is raising alarm bells with us.

The turning area for the HGV appears to include land outside of the applicant’s ownership and control. If access was denied the HGV would not be able to turn and reverse within the site and therefore this would have an impact on the safety of the highway. The LHA does recognise that this is the existing situation but nonetheless we highlight this potential issue to the LPA as we maintain this should still be a consideration.

Part of the proposed additional parking provision is on adopted highway land and so will require stopping up of the public highway. (Under S247 TCPA it is possible to extinguish the land as highway, is a free process and can be started immediately and finalised once planning consent is granted).

Crime Prevention Design Advisor – no objections. The following measures are recommended to reduce opportunities for crime. (1) extensions to the building should be protected by an extension to the existing intruder alarm; (2) CCTV cameras should be installed to ensure the new parking areas and entrance to the

new building are fully covered; (3) All new doors and windows should meet a recognised secure standard.

Environment Agency – do not wish to make any comments.

DDC (Environmental Health –Community) – the site is low risk with regards to previous industrial uses and the risk will be reduced further through building control approval of the foundations. A second more in depth or phase 2 report is not needed. I recommend a condition regarding the discovery of any unsuspected contamination found during construction.

DDC (Economic Development -Business) – Support the application. The application accords with DDC’s adopted Economic Development Strategy (EDS) 2018-21 Objectives Priority 4 “Increase supply of non-strategic employment land to support growth in the local economy and attract inward investment, business support and increase skills”. The expansion of the JRM remises to accommodate additional jobs is very welcomed and will further expand the local motorsport cluster within the District and larger Unitary Authority. The project is supported by SEMLEP with an approved grant from the Local Growth Fund and a key projected output of the project is a CO2 reduction of 1008 tonnes by 2030.

Regarding the objections of the LHA, NCCs parking standards are extremely conservative and would significantly over-provide for this business thus wasting space or preventing development taking place. They do not seem to take into account the applicant’s proposed mode of operation. Regarding the HGV turning land that the LHA are concerned is out of the applicant’s control, this is currently the existing arrangement so I cannot see how the proposal is any different to the existing situation currently in operation which previously gained approval.

Neighbours and site notice – expired 17/9/2020. No representations received.

Development Plan Policies

West Northamptonshire Joint Core Strategy Local Plan (Part 1) (Dec 2014) SA (Sustainable development) S1 (Distribution of development) S8 (Distribution of jobs) E1 (Existing employment areas)

Settlements and Countryside Local Plan (Part 2) (February 2020) EC4(A) (Strategic employment areas) ENV10 (Design) ST1 (Sustainable transport infrastructure)

Relevant Neighbourhood Development Plan None

Material Considerations National Planning Policy Framework – Para 80-84 NCC Parking Standards

Relevant Planning History DA/2000/0360 – Extension to workshop, parking and landscaping. Approved. DA/1997/0858 – Extension to existing industrial unit. Approved.

Observations

Site description

The site is situated at the end of a small cul-de-sac within the Drayton Fields Industrial Estate on the edge of Daventry and is occupied by JRM, an advanced engineering company and motorsport business. The existing two-storey unit occupies the majority of the land within the site, there is a little-used service yard to the rear enclosed by palisade fencing and car parking is arranged around the outside of the building, along the edge of the block paved turning area and on the front entrance yard. Opposite the site is a terrace of three small units with their own segregated parking yard. To the rear is the main route Drayton Way, screened by a thick band of roadside trees.

The proposal

The application proposes an extension to the existing workshop unit and external alterations to the existing building to reconfigure the space. The main extension would be sited on the rear part of the existing service yard, it is L-shaped in form and measures 26m by 21m at its longest edges. A smaller single storey glazed entrance lobby is also proposed at the entrance to the building. The extensions would match the existing building in style and materials being formed of profile metal cladding. Solar panels would be mounted upon the roofspace of the proposed extension and a large portion of the existing building.

Currently there are 18 parking spaces and the proposal will increase this to 24 parking spaces through the addition of more bays along the highway edge (over highway land that will need to be stopped up). In addition a covered shelter for 16 cycle spaces is to be provided alongside 4 motorcycle parking spaces and to the front of the building will be two charging points for electric vehicles.

The proposal for the extension is part of a wider programme of green investment for the business and the site which is effectively a Carbon Neutral Project that has the financial backing of SEMLEP by way of Local Growth Fund match-funding grant. In addition to making space for new rig-testing capabilities that will facilitate the centre of excellence for green technologies in the motor industry, an equally important aim of the project is to fully offset the CO2 consumption of this motor engineering company. This will be achieved by a number of measures including a roof mounted solar array but, of more relevance to this application, by permanently reducing the vehicle emissions from work-based staff travel by at least 50%. This is not just something that is being suggested as a reaction to the highways parking objection, it is and always has been a fundamental part of the company’s broader evolution and has already been implemented by the adaptation of staff contracts, terms and conditions. The capability of the site will be increased but with fewer people on site at any one time.

The applicant has provided details of the strategies and documents that are in place to facilitate the above, including the detailed plan for all 54 staff members that sets out shift patterns and working arrangements and demonstrates that there will always be less than 30 people on site at one time (the current workforce level for the site is 30).

Assessment of proposal against policy and relevant material considerations

JCS policy SA reiterates NPPF 11 in stating that plans and decisions should apply a presumption in favour of sustainable development which, for decision making, means approving developments that accord with an up-to date development plan without delay, unless material considerations would indicate otherwise. In this case the proposed development is considered to accord with the up-to-date development plan as follows.

The proposal is in line with the spatial strategy set out in JCS policy S1 which seeks to focus development and economic activity in the urban areas, which for our district means Daventry town. It also meets the requirement of S1 to make best use of previously developed land and to focus on sustainable locations.

The proposal accords with JCS policy S8 which seeks to broaden employment opportunities within Daventry’s existing employment areas as set out in policy E1.

JCS policy E1 seeks to ensure existing employment areas remain in use for B class business uses, which will certainly be achieved by this application as it will allow this company to expand and consolidate on its existing site as planned.

SCLP policy EC4(A) deals with Strategic Employment Areas, of which this site is one. This policy supports the expansion of any existing business provided it promotes and supports the role and performance of the employment area which of course this proposal would. There are no surrounding residential properties to be adversely impacted by the proposal.

The proposal would accord with SCLP policy ST1(E) which says that proposals should, where practical, incorporate appropriate infrastructure to support electric vehicle charging.

SCLP policy ENV10 requires high quality design that reflects and integrates with its surroundings, which this proposal would.

Turning to other material considerations, the relevant sections of NPPF would suggest a huge degree of support for the principle of the current proposal as outlined here.

NPPF 80 says that planning should help create the conditions in which businesses can invest, expand and adapt. Significant weight should be placed on the need to support economic growth and productivity, taking into account local business needs. It should address the challenges of the future, particularly where Britain can be a global leader in driving innovation.

NPPF 81 encourages planning policies to be flexible enough to allow for new and flexible working practices and to respond to changes in economic circumstances. On this point I feel JRMs proposal is seeking such a flexible response whereas the local highway authority in its objection (discussed below) is seeking to stick rigidly to numbers and criteria without accounting for circumstances.

NPPF 82 states that planning decisions should recognise and address the specific locational requirements of different sectors, including making provision for clusters,

networks and creative or high technology industries. It is noted that these notions are a big part of what is driving the current application.

NPPF 8 highlights the economic, social and environmental objectives of sustainable development that are the key purpose of the planning system. The current proposal is a rare gem that genuinely and actively seeks to provide long-term benefits from an economic social and environmental objectives in equal measure and hence fits the definition of sustainable development. NPPF 10 and 11 are clear that there should be a presumption in favour of sustainable development.

Highways and parking

Highways and parking is a key material consideration. Whilst the construction of the proposed extension would reduce the amount of space in the rear service yard, this area is not currently used for parking in any case. The proposed development would provide new parking spaces, increasing the number of dedicated car parking spaces from 18 to 24 bays, including 2 accessible and 2 electric charging bays. In addition there would be cycle and motorcycle provision together with a reconfigured service and delivery yard.

The current position is that the 18 existing spaces adequately serve the 30 staff that are based at the site, in fact the spaces are under-used due to the company’s remote working arrangements. Post-development, despite there being 54 staff officially working out of the site, the company’s remote working arrangements and shift patterns mean that there would always be fewer staff physically on site than the current maximum of 30. There would be an additional car 6 spaces provided but in reality the demand for parking would be less as at least half of the 54 staff will be working remotely at any given time. The number of staff on site will generally be 25.

The objection of the local highway authority is based upon the fact that the proposal does not provide the 43 spaces that the NCC Parking Standards say should be available for a B2 building of this size. However in the context of the above, this objection would seem somewhat rigid and unreasonable. The highway authority themselves have acknowledged that on occasions the circumstances behind a proposed extension can allow an informed decision to be reached even if technically the standards will not be met. I believe this to be one such occasion, because the company has demonstrated their green approach to reducing staff travel means that the “rulebook” level of parking would actually be an overprovision for them.

Moreover, considering the government push for greener travel and minimising the need to travel in the name of sustainable development, to resist this eco-centred proposal on the basis of insufficient parking provision would seem perverse.

Looking at the site itself, the premise is located at the head of a small, lightly trafficked cul-de-sac on a small business estate with no parking restrictions. No other businesses need to pass the application premise to gain access to their businesses. Any occasional overspill parking on the highway would not cause an obstruction nor would it be detrimental to highway safety in this context.

Regarding HGV movements, the company’s deliveries and dispatch are undertaken by small vans, not HGVs so manoeuvring of large third-party vehicles is not an issue.

The company does have its own HGV (a wagon that transports the firm’s race cars to specific events). This HGV is generally parked within the yard and the company’s own driver makes a manoeuvre in or out of the site only on a Thursday evening or Sunday evening on a few occasions a year when travelling to or from an event. These out of hours HGV movements have been taking place without any problems for many years now and there would be no change to this following the development. Therefore despite the concerns of the highway authority about HGV turning I cannot see that this is a justifiable reason to refuse the current application.

Other considerations

The footprint of the building will be fairly close to the adjacent tree belt which provides important screening and green character for Drayton Way. The proposed landscape plan has therefore incorporated provision for tree protection fencing to ensure the tree belt remains unharmed into the future. A condition will ensure the tree protection measures are implemented.

A small strip of highway verge is affected by the proposed new parking spaces (numbered 7-11). This would need to be extinguished as highway land by way of a S247 application which would revert it to the applicant’s ownership/ control in order for the development to take place. This process is entirely separate to the grant of planning permission but I understand that this is already being pursued separately by the applicant in discussion with the local highway authority who, despite their planning objection, seem unconcerned by the prospect of the stopping up order.

Planning balance

This report has shown that the proposal has a high degree of compliance with the policies in the up-to-date development plan and there is therefore a presumption that the application be approved, unless material considerations indicate otherwise. It is acknowledged that the proposal falls short of the parking requirement set out in the NCC Parking Standards and the local highway authority has objected to the proposal on this basis – this is a material consideration.

However, it is relevant to weigh this technical breach of guidance against the circumstances of this particular proposal:

The business is applying new ways of working to enforce a reduced on-site staff presence and hence reduce the demand for parking.

Despite an additional 24 staff being re-located so that their base is at the site, there will be less people there day-to-day than the current maximum of 30. Parking provision at the site will be improved over the existing situation by the provision of 6 additional car parking spaces, 16 covered cycle spaces and 4 secure motorcycle spaces the site is sustainably located and well served by public transport Rutherford Way is a small and lightly trafficked cul-de-sac with no through traffic and no on-street parking restrictions.

Taking account of the above it would seem unlikely that the proposal will result in an adverse impact on highway safety sufficient to warrant refusal of the application.

Applying the planning balance it is considered that the benefits of this proposal and the strong fit with the policies of the adopted development plan, far outweigh the minimal and unlikely potential harm to highway safety that might arise from the

parking standards not being met. In accordance with JCS policy SA and paragraph 11 of the NPPF planning permission should be granted without delay.

Advice

That the application should be approved subject to the following conditions;-

CONDITIONS 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. 2. The development hereby permitted shall be carried out in accordance with the amended plans reference 18787- 010 revD and B20053-101C received 6/10/2020; 18787- 001revA, 020, 011rev B, 012revA, 013revA and 014revA deposited with the Local Planning Authority on 5/8/2020. 3. The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building. 4. No equipment, machinery or materials shall be brought onto the site for the purposes of the development until the proposed fencing for the protection of trees or hedges that are to be retained on the site has been implemented in accordance with the submitted details and shall remain in place until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored, disposed of, or placed, nor fires lit, in any area fenced in accordance with this condition and the ground levels within these areas shall not be driven across by vehicles, altered, nor any excavation made (including addition/removal of topsoil/subsoil) without the written consent of the Local Planning Authority. 5. The submitted and approved landscaping scheme shall be implemented prior to the development, or any phase of the development, being first occupied/used, or in accordance with a programme submitted to and approved in writing with the Local Planning Authority. If within a period of five years from the date of the planting of any tree or shrub, they, or any planted in replacement for them, are removed, uprooted or destroyed or die (or becomes in the opinion of the Local Planning Authority, seriously damaged or defective) another tree or shrub of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation. 6. Prior to the first use of the workshop extension hereby permitted the car parking, motorcycle parking and covered bicycle parking shall be laid out and provided in accordance with the approved plans and shall be retained for the parking of these vehicles thereafter. 7. The extensions and parking areas hereby permitted shall be protected by enhanced security measures including an extension to the existing intruder alarm system and the installation of CCTV to cover all entrances, gateways and parking areas. The doors and windows on the ground floor, including the roller shutter doors, should meet the requirements of a recognised secure standard such as LPCB LPS 1175 SR2. 8. In the event that unexpected contamination is found at any time when carrying out the development hereby approved, it must be reported immediately to the Local Planning Authority. Development works at the site shall cease and an investigation and risk assessment undertaken to assess the nature and extent of the unexpected contamination. A

written report of the findings shall be submitted to and approved by the Local Planning Authority, together with a scheme to remediate, if required, prior to further development on site taking place. Only once written approval from the Local Planning Authority has been given shall development works recommence.

REASONS 1. To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). 2. To ensure that the development is carried out in accordance with agreed amendments. 3. In the interests of visual amenity and to ensure that the materials are appropriate to the appearance of the dwelling. 4. In the interests of the visual amenity of the area. 5. In the interests of the visual amenity of the area. 6. In the interests of highway safety and the amenity of the estate. 7. To ensure security and reduce the potential for crime. 8. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised in accordance with policy BN9 of the West Northamptonshire Joint Core Strategy.

NOTES 1. As required by Article 35 of the Town and Country (Development Management Procedure) (England) Order 2015 (as Amended) the following statement applies:

In dealing with this planning application the Local Planning Authority have worked with the applicant in a positive and proactive manner with a view to seeking solutions to problems arising in relation to the consideration of this planning application. 2. The applicant is reminded of the separate need to secure an agreement under S247 to extinguish the strip of highway verge to enable provision of the additional parking spaces.

Application DA/2020/0719 Case Officer BOB HAM

Parish CATESBY CHARWELTON

Date Valid 3 SEPTEMBER 2020

Location LAND AT BANBURY ROAD, CHARWELTON, NORTHAMPTONSHIRE

Development APPLICATION UNDER S.73 TO VARY CONDITION 3 TO DA/2019/0207 TO PERMIT SHORT-TERM OCCUPATIONS OF PART OR ALL OF INNOVATION CENTRE BY OCCUPIERS NOT DIRECTLY ASSOCIATED WITH THE CATESBY AERO RESEARCH FACILITY FOR A TEMPORARY PERIOD OF 2 YEARS.

Applicant TOTALSIM LTD

Recommendation – Approve

Members’ Notes

Summary

A variation is sought to condition 3 of the full planning permission granted on the 17th May 2019 for an ‘Innovation Centre’ building within the southern part of the former Charwelton Station site, which was previously granted planning permission for a vehicle testing and research facility associated with the re-use of the former Catesby railway tunnel for aerodynamic testing. The Innovation Centre was not included within the original planning application but was approved due to its close functional relationship to the overall business venture and consequent claimed significant economic benefits to the wider area.

Condition 3 restricts the occupation of the two-storey office building to occupiers/tenants who are only functionally related or subservient to the CARF testing facility, in order to prevent a general business park becoming established in an open-countryside location where this would not otherwise have been permitted, were it not for the need for it to be located adjacent to the tunnel. The applicant is requesting a short-term temporary relaxation (for two years) to also allow occupations by non-CARF specific tenants, in order to preserve or generate rental income that is necessary for the viability of the

scheme but which may otherwise not be sufficient due to restrictions and a general market down-turn arising from COVID-19.

This current proposal is finely-balanced and would not be countenanced were it not for the current (and likely ongoing) social and economic circumstances. As with the original application for the Innovation Centre and the CARF development itself on this site, the current proposal has attracted some strong local objections. These consider that the local planning authority should not be relaxing restrictions that were previously applied for good reason, just because the applicant now finds himself in economically challenging circumstances. It is also considered by many in the village that to do so would set an undesirable precedent here, such that any subsequent requests for relaxations, that would weaken the link between the Business Park element of the scheme and the CARF testing facility, would then be difficult or impossible to resist.

However, as a proportional and time-limited reaction to the current unprecedented economic circumstances, this request is considered to be acceptable on that restricted basis. All other planning conditions remain as previously approved.

In applying the principles in paragraphs 7 - 11, 47, 54 - 56, and 83 – 84 of the NPPF this proposal is considered to accord with Policies S10, and BN5 of the adopted West Northamptonshire Joint Core Strategy Local Plan (Part 1); and with Policies SP1 and RA6 of the adopted Settlements and Countryside Local Plan (Part 2) for Daventry District.

Consultations

Charwelton Parish Meeting – observations awaited

NCC (Local Highway Authority) – The Local Highway Authority does not have any objection.

NCC (Surface Water Drainage Assessment Team) – On review the details are outside the remit of the Lead Local Flood Authority.

Crime Prevention Design Advisor – No objection.

DDC (Environmental Health – Community) – No comments.

DDC (Economic Development) - I am writing in support of this application on behalf of Daventry District Council with regard to its role in enabling and promoting economic development within the district. The Innovation Centre is an integral part of the whole Catesby project and, ultimately, will contribute to delivering socio-economic benefits to the local, regional and UK economy. We are currently living in uncertain times that are challenging for many businesses and the UK economy has taken a significant down turn as a result. Businesses are adapting to new ways of working and are having to focus on survival before they can stabilise and grow. The risk of a second spike remains prevalent and we have seen that businesses are adapting to new ways of working and they have to be flexible to adapt to survive and organisations that support business also need to be flexible to help the drive towards economic recovery. This application is requesting temporary flexibility so that it can

survive during this difficult time and its loss would be a further blow to the economy now and in the future which we cannot afford.

Neighbours – objections have been received at the time of writing from 13 individuals from 12 local households. One letter of support has also been received. Objection to the current proposal is made on the following grounds/issues:

 The proposal is clearly contrary to the original approvals for the building and for the wider site, which was only permitted, against much local opposition, due to the ‘exceptionality’ of the CARF concept – to allow un-associated occupations would negate this exceptionality.  To relax a stringent and correctly imposed limitation, even for a temporary period, would undermine the spirit and letter of the original consent and would set an undesirable precedent, making future such applications difficult to resist  Planning policy/decisions should not be set aside due to the applicant’s funding situation; if the site and project is so desirable then the motor industry should be able to assist with temporary funding, to avoid the need to undermine the planning approval.  This is likely to lead to increased traffic in and around the village and on the A361  An approval of this proposal, even for a limited period, would further weaken local confidence in the public planning system.

Some writers also refer to previous alleged misdemeanours and misleading comment on behalf of the scheme promoters/applicant, or raise unsubstantiated comments concerning the wider operation of the applicant’s business; these are not considered justifiable planning considerations.

The single letter of support notes that the occupation of the completed Innovation Centre building, even on the limited basis proposed, would bring new people to the village, help bring business to the local pub, and may even provide some local employment.

Planning Policies

West Northamptonshire Joint Core Strategy Local Plan (Part 1), (December 2014) Policy SA Presumption in favour of Sustainable Development Policy S1 Distribution of Development Policy S7 Provision of Jobs Policy S8 Distribution of Jobs Policy S10 Sustainable Development Principles Policy R2 Proposals that sustain and enhance the rural economy will be supported where they are of an appropriate scale for their location and respect environmental quality.

Settlements and Countryside Local Plan (Part 2), (February 2020) SP1 Daventry District Spatial Strategy RA3 Other Villages RA6 Open Countryside ENV11 Flood Risk Management

Material Considerations

National Planning Policy Framework (February 2019): Part 2 - Achieving Sustainable Development Part 4 – Decision Making Part 6 – Building a strong, competitive economy

Relevant Planning History

DA/2015/0808 – Construction of vehicle aero-acoustic test and research facility within and adjacent to the Catesby Tunnel plus construction of associated technology park (Class B1) on the site of the former Charwelton Station, with internal link road along former railway cutting and creation of new access onto the A361. Approved 27/02/2017. NMA/2017/0048 - Non-material amendment to application DA/2015/0808 (construction of vehicle aero-acoustic test & research facility, technology park and new access) - amendment to road alignment beneath existing bridge; partial infilling under bridge; and re-positioning of Building 8. Granted 14/06/17. NMA/2017/0099 - Non-material amendment to application DA/2015/0808 (construction of vehicle aero-acoustic test & research facility, technology park and new access) to include relocation of CARF building adjacent to Catesby Tunnel; reduction in width and adjustments to fenestration and external finishes of building. Granted 27/02/18. NMA/2019/0006 - Non-material amendment to application DA/2015/0808 (construction of vehicle aero-acoustic test & research facility, technology park and new access) to revise position of retaining walls to sides of CARF building. Granted 26/03/19. DA/2019/0207 - Erection of Innovation Centre incorporating offices, seminar space, café and workshops, in association with adjacent vehicle aero-acoustic test and research facility and technology park. Approved 17/05/19. NMA/2020/0003 - Non-material amendment to application DA/2019/0207 (Erection of Innovation Centre) to include minor changes to gables and roof treatments. Minor changes to some door and window details on all elevations; and application of 4no. rooflights to north-facing slope of ground floor studio workshop. Approved 17/03/2020.

Observations

Site Description This application relates to the ‘Innovation Centre’ building at the south-eastern corner of the former Charwelton Station Yard, which was granted full planning permission for redevelopment in 2017 and is at an advanced stage of construction (as of October 2020). The Innovation Centre is part of a complex of approved commercial development based on the site of the former Charwelton station and the nearby Catesby Tunnel on the line. Planning permission was granted in 2017 for an automotive research and testing facility based around the re-use of the late nineteenth-century railway tunnel.

The site of the former Charwelton Station, now completely removed after the line closed in the 1960’s, lies adjacent to the A361. The site had previously reverted back to nature but is now under development. A contemporary narrow overbridge on the road to Hellidon remains in place some 200m north of the site frontage onto the A361 and was recently reopened following extensive major repairs.

A new access to/from the A361 has been built together with junction alterations within the A361, and the Catesby Aero Research Facility (CARF) building directly adjacent to the south portal is understood to be nearing completion nearing completion (as of October 2020) together with some 400m of test track already completed. Other buildings within the former station yard area and covered by the original planning permission have yet to be built, the later Innovation Centre having been constructed first due to time targets associated with its funding.

The Innovation Centre building when completed will comprise 1500m2 (gross internal floor area) of offices, seminar space, café, and workshop space, and is envisaged as an education and innovation hub to complement the adjacent tunnel test facility and associated research and technology park. The floorspaces comprises 1400m2 of B1 (a) office space with 100m2 of B1 (b) Research & Development space. Thirteen full- time and 35 part-time staff were envisaged on the proposal for the Innovation Centre, with opening hours specified as 8.00 AM to 6.00 PM Monday to Fridays and 8.00 AM to 1.00 PM on Saturdays; no operation was indicated for Sundays and bank holidays.

The approved plans show large 2-storey brick-faced building within the south- western corner of the site, aligned to face the approved spine road within the site. The principal element is a long two-storey building principally housing office and meeting rooms over both floors, with two smaller single-storey wings projecting to the rear (west) which house a work shop and plant rooms, and a seminar room plus small café/kitchen respectively. Whilst being of modern steel-framed construction the building is styled and finished to represent late nineteenth-century railway architecture, recalling the original use of the site.

The Design & Access Statement (DAS) submitted in support of the original Innovation Centre application stated that: ‘ The Innovation Centre will be the hub for the CARF development providing a café and seminar space alongside collaborative hot desk working zones and meeting spaces for visitors and businesses based on site.’

It went on to state that: ‘The innovation centre is a key component for the whole site, running research and development-based conferences, training courses and seminars. Large businesses that rent the larger units on the surrounding science park will also be able to benefit from support provided by several universities that are renowned for their high-performance technology research and testing.’ The construction of the Innovation Centre was significantly funded by the South Midlands Local Enterprise Partnership (SEMLEP) based on the potential of the scheme to increase enterprise and growth opportunities for the area. This funding was provided on the basis that planning permission was to have been achieved by June 2019, and thereafter all funding money would have to be spent by March 2021.

A case was also detailed in support of the Innovation Centre building application that emphasised it in terms of the adopted West Northamptonshire Joint Core Strategy which highlights the importance of the motor sports industry cluster centred on Silverstone Circuit in South Northamptonshire (Policy EP5). It is stated that: ‘Without the Innovation Centre the Catesby Research Facility will not be a collaborative and innovative community. It will be a collection of workshops and offices with a unique

vehicle test facility. It will be difficult for start-ups and micro-businesses to have an on-site presence. There will be no academic presence on site. Collaborations between academia and OEM/SME’s will not increase. Seminars and conferences would be unlikely to happen. The Innovation Centre will bring together unconnected businesses to create a knowledge sharing community that will add value to the tunnel testing facility……. The Innovation Centre will also ensure that CARF is more than a test facility. It will be the CARF hub that brings together the automotive manufacturers, suppliers, service providers, SME’s and academia into one place to focus on collaboration and innovation around vehicle testing and development.’

The Proposal Planning permission is now sought to vary the limitation imposed on the commercial occupation of the building via condition 3 to the 2019 grant of planning approval (DA/2019/0207). This was an unusual and bespoke condition, very similar to one also applied earlier to the remainder of the ‘station yard’ site (via application DA/2015/0808). In both cases the reason was to prevent any commercial occupation of the buildings that was not associated with the operation of the CARF testing facility, due to the site being located within open countryside in a location that would not be considered appropriate were it not for the need to be co-located with the tunnel.

Condition 3 to DA/2019/0207 is worded thus:

‘The buildings hereby approved forming part of the technology park located within the area formerly occupied by Charwelton Station shall only be occupied in association with the operation of the vehicle aero-acoustic testing and research facility comprising the tunnel and adjacent Catesby Aero Research Facility (CARF) building and shall not be occupied or used for any purposes unconnected with the vehicle aero-acoustic testing and research facility. The owner/operator of the site shall keep an up-to-date register to record and monitor the occupation of the Innovation Centre building hereby approved, this register to be made available for inspection by the local planning authority at any reasonable time when so requested and shall include details of those persons, companies or organisations occupying the building and their relationship to or interest in the vehicle aero-acoustic testing and research facility.’

Reason:

‘To prevent any business or commercial uses which are not directly related to the approved research and development facility becoming established within the open countryside where the presumption is against such development.’

This application is to relax the provisions of condition 3 ‘to permit short-term occupations of part/all of the building which are not directly associated with the CARF project, for a temporary period of 2 years.’ In his supporting letter the applicant cites the sudden and unforeseen impact of COVID-19 on working practices, in particular with many staff now working from home and companies down-sizing their office space or not currently looking to re-locate or expand.

With specific reference to the restrictions imposed by condition 3 to DA/2019/0207 the applicant states that the impact of this given this current situation would be to make the prospect of finding vehicle testing companies who are prepared or able to take out medium-term lets within the new building, as originally envisaged, remote. Whilst it is acknowledged that some requirement for such flexible working space still

exists within the auto industries there is a risk, currently, in relying just on that sector. The applicant therefore considers that the options for the CARF operation are to pause the construction of the building once the shell is secured and hopefully re- commence once conditions improve sufficiently (which could be many months away), or to complete the building but to seek tenants in the short-term who are not specifically from the auto industry such that the Innovation Centre building can ‘… serve the broader market for flexible working and meeting space in the area.’ The applicant’s letter concludes by noting that: ‘This change would allow the innovation centre to generate more income during the wake of the COVID-19 virus and at the end of the two-year period be ready to transition to an innovation centre focused on vehicle development and the testing activities in Catesby Tunnel.’

The application is also accompanied by a letter from the South East Midlands Local Enterprise Partnership (SEMLEP), supporting the proposal: ‘...in light of the COVID crisis and the need to be flexible about occupancy to ensure viability.’ The letter goes on to note that the potential impact of COVID-19 on the project may be that the Innovation Centre would remain unoccupied after its completion early in 2021 and that this element of the project would not therefore be able to contribute to the economic recovery of the district and the SEMLEP area. Estimated local output figures are provided which show an above-average (within the SEMLEP area) fall in output within Daventry District during 2020, which it is claimed demonstrates a need to stimulate the local economy, including by supporting the early occupation and operation of the Innovation Centre.

It is also noted by SEMLEP that the automotive sector has been particularly adversely impacted by the pandemic during 2020, as is evidenced by significantly less new vehicle registrations compared to previous years. Crucially, many small companies and start-ups within the sector have had to diversify during 2020, for example into healthcare, and are less able or likely to be able to take up space within the Innovation Centre currently due to the restrictive condition.

However, the SEMLEP letter also states that whilst they support the temporary relaxation of the occupancy criterion SEMLEP would still expect the Innovation Centre to remain strictly focused on providing support for ‘incubator, scale-up, innovation, trade and investment activity.’ It concludes by noting that this ‘…remains consistent with the Local Industrial Strategy’s aims to ensure a balanced supply of appropriate commercial premises for local businesses, which may be limited without this short-term amendment.’

Assessment of proposal against policy and relevant material considerations This proposal should be considered in the context of current planning policy and national guidance, bearing in mind that the CARF scheme has been consented and that elements of it are under construction, with the access, CARF building, and some basic on-site infrastructure already in place or well underway. Most of the planning conditions applied to the original approval and to the Innovation Centre have now been agreed.

The current proposal has again attracted strong local opposition, which is unsurprising given that the original proposals were, and remain, unpopular with many residents. As the building is authorised and this application relates only to the specifics of tenant occupancy as controlled by condition 3 to DA/2019/0207 then consideration of this current proposal should focus on that particular element of the scheme and not re-visit the principle of the development.

The approval for the building, and indeed that for the whole former station site, was given as an exception to the prevailing presumption against significant new economic development within the open countryside and away from the established towns, due to the imperative to locate the CARF operation at the Catesby Tunnel, which in immovable. Condition 3 was imposed in order to restrict new business activity on-site to those that would not otherwise be supported or allowed there were it not for the fixed location of the tunnel test centre, and to limit that activity to those with a functional connection to the CARF and to prevent a general non-CARF specific business park becoming permanently established.

It was acknowledged that being located in a rural area the CARF proposal does not meet the usual locational criteria contained within planning policy, and is not in a sustainable location. This was however weighed against the specific nature of the scheme and its locational imperative, given that it would seek to ensure an increase in jobs in the plan period, help to maintain a diverse economic base, and result in the creation of jobs.

WNJCS Policy R2 addresses the rural economy and gives support to proposals which create or safeguard jobs and businesses where they are of an appropriate scale for their location and respect environmental quality. The policy provides examples of the type of rural businesses that would be considered acceptable under this policy, however a business of the scale and nature of the CARF operation would not strictly come within these criteria. As has previously been established however, the CARF enterprise is unique in terms of businesses located within the rural area and does not readily fit into conventional planning policy criteria, which is thus partly reflected in the use of bespoke responses such as condition 3.

The previous planning decisions here acknowledged that the NPPF identifies that significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development. Furthermore, it states that decisions should recognise and address specific locational requirements of different sectors including making provision for clusters or networks or knowledge and data-driven, creative, or high technology industries (para. 82). The NPPF (at para. 84) also acknowledges that planning decisions ‘…should recognise that sites to meet local business and community needs in rural areas may have to be found adjacent to existing settlements, and in locations that are not well served by public transport.’

The permission for the innovation centre also specifically acknowledged that it would provide further office space to support a highly skilled workforce on the site and so is consistent with the Council’s Corporate Strategic Plan, Community Strategy and with the Strategic Economic Plan produced by Northamptonshire Enterprise Partnership which prioritises high performance engineering.

Planning Balance In assessing this current proposal to relax condition 3 it is necessary therefore to consider whether to do so would undermine the justification underpinning the condition and help to set an undesirable precent here, and also whether it could nevertheless be accepted pragmatically for a strictly temporary period given exceptional and unforeseen economic circumstances.

There should not be any additional impacts (traffic, local amenity etc.) arising due to the building being occupied for a limited period from early 2021 by ‘non-essential’ occupants as the building could still otherwise legitimately be occupied. The potential risks to undermining the validity of the original permission, or even just being seen to

do so, should be considered against any wider potential economic risks that could arise from restricting the applicant’s ability to respond flexibly to the unforeseen (and still largely indeterminate) challenges arising from the ongoing COVID-19 crisis. In weighing these factors up it should be noted that national government has, both explicitly and implicitly, advised or encouraged local councils to be receptive to challenges faced by the local economy as much as possible, and not to adhere too rigidly to pre-COVID controls and practices for the duration of the crisis, if that can be done without unacceptable consequences.

This business, like any other business, is exposed to market circumstances and it is not normally the role of the planning system to specifically intervene to support or sustain any given business. This particular enterprise is however seemingly unique given its nature and is generally, in regional terms, one that links in well to the wider regional economy and which the council and other business bodies have supported in-principle. This business, and the wider regional/local economy, is currently having to respond to unprecedented and largely unpredictable pressures, and the applicant’s current proposal is a reaction to this. If this relaxation were not allowed and the subsequent impact were to contribute towards business failure here – and this is virtually impossible to predict either way, and is perhaps beyond the scope of being a normal material planning consideration – then a result could potentially be that the council and the locality could be left with a partially-developed site that may then, almost inevitably, face pressure to be re-purposed. This would be exactly the outcome that the local planning authority, and others, does not want to see.

On balance therefore, it is considered that a revision to condition 3, on a strictly time- limited basis and strictly limited to office etc. uses appropriate to a residential area (formerly Use Class B a, b and c), would be an appropriate reaction to the current challenges. In order to keep the timescale for this relaxation reasonably tight it is considered that the two years should apply only up until the end of 2022 at the latest, so effectively starting at the beginning of 2021, which is considered to be reasonable given the applicant’s stated intention to proceed with the completion of the Innovation Centre building should this relaxation be granted, and to complete the building and begin occupations early in 2021.

Other conditions to the previous approval for the Innovation Centre (DA/209/0207 dated 17th May 209) remain as before. The applicant has not requested a relaxation of Condition 4 (tying the occupation of the building to the completion of the CARF Tunnel testing facility) and has advised that this should in any event be complete by the time that the Innovation Centre is commissioned, so condition 4 remains as before.

Financial Considerations

There are no specific requirements for developer contributions identified with respect to the proposed development however as a commercial enterprise business rates would accrue once the facility is up and running, and this will be delayed if the building is not occupied when originally anticipated in early 2021. This would also delay any net economic benefit to the local economy arising from the establishment of this specialised facility; this would however be very difficult to quantify and should not be a consideration in the consideration of this proposal on its planning merits.

ADVICE

Approve a variation to the scheme approved under DA/2019/0207, subject to the following conditions:

CONDITIONS 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. 2. The development hereby permitted shall be carried out generally in accordance with the following drawings and revisions unless amended by agreement in writing with the Local Planning Authority: • Site Location Plan, Dwg. No. (S) 02 Rev.A Validated by the local planning authority on the 25th March 2019; and • Proposed Site Plan, Dwg. No. (SK) 01 Rev. F Received by the Local Planning Authority on the 16th April 2019; and • Proposed Ground Floor Plan, Dwg. No. (SK) 105 Rev.E • Proposed First Floor, Dwg. No. (SK) 106 Rev.D • East and South Elevation, Dwg. No. (SK) 107 Rev.C • West and North Elevation, Dwg. No. (SK) 108 Rev.C • Courtyard Elevations, Dwg. No. (SK) 109 Rev. B • Site Sections, Dwg. No. (SK) 130 Rev.C • Site Sections, Dwg. No. (SK) 131 Rev. B • Building Sections, Dwg. No. (SK) 132 Rev. A • Proposed Roof Plan, Dwg. No. (SK) 133 Rev. A Validated by the local planning authority on the 21st February 2020; unless otherwise agreed in writing with the Local Planning Authority. 3. The Innovation Centre building hereby approved shall only be occupied for commercial, business or service purposes (Use Class E (g) I, ii, or iii) and for no other use within Use Class E without the prior express written consent of the Local Planning Authority; occupation on this basis shall cease on or before the 31st December 2022, unless otherwise agreed in writing with the Local Planning Authority. Thereafter, it shall only be occupied in association with the operation of the vehicle aero-acoustic testing and research facility comprising the tunnel and adjacent Catesby Aero Research Facility (CARF) building and shall not be occupied or used for any purposes unconnected with the vehicle aero-acoustic testing and research facility. After 31st December 2022 the owner/operator of the site shall keep an up-to-date register to record and monitor the occupation of the Innovation Centre building hereby approved, this register to be made available for inspection by the local planning authority at any reasonable time when so requested and shall include details of those persons, companies or organisations occupying the building and their relationship to or interest in the vehicle aero-acoustic testing and research facility. 4. The development hereby approved shall not be occupied until the vehicle aero-acoustic testing and research facility comprising the tunnel and adjacent Catesby Aero Research Facility (CARF) building as approved under planning permission DA/2015/0808 is complete and available for use. 5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that order with or without modification), no development shall be carried out which fall within Classes I, O, PA or T of Part 3 to Schedule 2 to the Order; or which fall within Classes C or D of Part 4 to Schedule 2 to the Order without the prior express written consent of the Local Planning Authority.

6. The construction phase of the development hereby approved shall be carried out in accordance with the provisions of the document ‘Traffic Management for Catesby Tunnel Aero Research Facility’ prepared by Stepnell and submitted to the Local Planning Authority (LPA) on 30/08/17 (including details of wheel-washing submitted to the LPA on 16/10/17) and as approved by the LPA on the 9th November 2017 unless otherwise agree in writing with the LPA. 7. The vehicle parking and manoeuvring areas as shown on the approved Site Plan Dwg. No. (SK) 01 Rev. F shall be constructed and laid out prior to the building hereby approved being brought into use. 8. Following first occupation of the development hereby approved noise generated by activities and operations, including plant, ventilation systems and vehicle movements, on the site shall not exceed 0dB rating level as measured or predicted 3.5m from any noise sensitive receptor in accordance with BS4142:2014 Rating industrial noise affecting mixed residential and industrial areas (or any superseding version). 9. Between the hours of 23:00 and 07:00 no noise emanating from the site shall exceed 60dB LAMax when measured 3.5m from the nearest noise sensitive dwelling. 10. Within 21 days from receipt of a written request from the Local Planning Authority following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the operator shall, at its expense, employ a consultant approved by the Local Planning Authority to assess the level of noise emanating from the development at the complainant’s property in accordance with a methodology agreed in advance with the LPA. The written request from the LPA shall set out at least the date, time and location that the complaint relates to and include a statement as to whether, in the opinion of the Local Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component. 11. The operator shall provide to the Local Planning Authority the independent consultant’s assessment of the rating level undertaken in accordance with requirements of condition 1, within 2 months of the date of the written request sent in accordance with condition 12 above, unless the time limit is extended in writing by the Local Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements and audio recordings of the noise source taken at a resolution of 25ms or faster. 12. The Innovation Centre building hereby approved within the CARF technology park shall only be used between the hours of 08.00 to 18.00 on Mondays to Fridays inclusive; and between 08.00 and 13.00 on Saturdays; and not at all on Sundays or Bank Holidays. 13. In the event that unexpected contamination is found at any time when carrying out the development hereby approved, it must be reported immediately to the Local Planning Authority. Development works at the site shall cease and an investigation and risk assessment undertaken to assess the nature and extent of the unexpected contamination. A written report of the findings shall be submitted to and approved by the Local Planning Authority, together with a scheme to remediate, if required, prior to further development on site taking place. Only once written approval from the Local Planning Authority has been given shall development works recommence. The remediation strategy shall be implemented as approved. 14. No occupation shall take place until the Verification Report for the installed surface water drainage system for the site has been submitted

by a suitably qualified independent drainage engineer and approved in writing by the Local Planning Authority. The Verification Report shall be based on the approved Flood Risk Assessment & Surface Water Drainage Strategy, document ref.no. 19/33480 Rev.01, prepared by David Smith Associates dated 27th February 2019, and shall include: i) Any departure from the agreed design in keeping with the approved principles ii) Any as-built drawings and accompanying photographs iii) Results of any performance testing undertaken as part of the application process (if required/necessary) and iv) Copies of any statutory approvals, such as Land Drainage Consent for discharges etc. 15. The obscure glass shown on the submitted and approved plans (West and North Elevation, Dwg. No. (SK) 108 Rev.B) to the upper storey west- facing windows shall be installed before the building is first occupied and shall not be removed without the prior express consent in writing of the Local Planning Authority. (Replacement of the glass of an identical type would not necessitate the Council being notified.) 16. No external lighting shall be installed within the site and/or attached to any building hereby approved unless full details have been submitted to, and approved in writing by, the Local Planning Authority prior to installation. This information shall include a layout plan with beam orientation and schedule of equipment in the design (luminaire type; mounting height; aiming angles; luminaire profiles and a lighting contour map). The means of illumination of the subject of this consent shall not be of a flashing or intermittent nature. The approved scheme shall be installed, maintained and operated in accordance with the approved details unless the Local Planning Authority gives its written consent to the variation. 17. Prior to the first occupation full details of the positions, height, design and materials of any additional proposed boundary treatments (including gates or barriers) to be erected within or around the application boundary shall be submitted to and approved in writing by the Local Planning Authority. Development shall thereafter be carried out in accordance with the approved details.

REASONS 1. To comply with Section 91 of the Town & Country Planning Act 1990. 2. For the avoidance of doubt and to ensure that the development hereby approved is carried out in accordance with the approved plans and development parameters including any agreed revisions thereto. 3. To prevent occupation of part or all of the Innovation Centre by any business or commercial uses which are inappropriate adjacent to a residential area up to December 31st 2022; and thereafter to prevent any business or commercial uses which are not directly related to the approved research and development facility becoming established within the open countryside where the presumption is against such development. 4. To prevent the technology park buildings, including the Innovation Centre, which are only acceptable within in this open countryside location due to their direct functional relationship to the tunnel testing facility, being constructed and potentially occupied prior to the tunnel testing facility being constructed.

5. To prevent any inappropriate land uses that have no functional link to the approved tunnel testing facility becoming established within the open countryside where they would not otherwise be acceptable. 6. To ensure the protection of local amenity throughout construction works. 7. To ensure that the approved vehicle parking is made available for use by commercial occupiers upon occupation of the site and buildings in order to avoid the need for any parking outside of the designated areas and/or outside of the site. 8. To prevent the operation of the approved facility becoming a source of annoyance to nearby residents and to prevent it generally adversely impacting upon the quietude of the surrounding rural area. 9. To prevent the operation of the approved facility becoming a source of annoyance to nearby residents and to prevent it generally adversely impacting upon the quietude of the surrounding rural area. 10. To ensure that if any disturbance to local amenity does arise from the operation of the facility hereby approved that it is addressed and resolved in a timely manner. 11. To ensure that if any disturbance to local amenity does arise from the operation of the facility hereby approved that it is addressed and resolved in a timely manner. 12. To prevent the operation of the approved facility becoming a source of annoyance to nearby residents and to prevent it generally adversely impacting upon the quietude of the surrounding rural area. 13. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised 14. To ensure that the installed surface water drainage system is satisfactory and in accordance with the approved reports for the development site. 15. This condition is imposed because the Local Planning Authority consider that if plain glass was to be used in this location, the amenities of the adjacent dwellings to the west and south could be adversely affected due to overlooking. 16. To ensure that the visual impact of the development hereby approved within the open countryside is effectively mitigated by appropriate natural landscaping within and along the boundaries of the site and that landscaping is used effectively to help protect the residential amenities and privacy of neighbouring properties. 17. In the interest of visual amenity and to ensure that any new fences, gates or walls etc. are appropriate to the open countryside location.

NOTES 1. As required by Article 35 of the Town and Country (Development Management Procedure) (England) Order 2015 (as Amended) the following statement applies:

In dealing with this planning application the Local Planning Authority have worked with the applicant in a positive and proactive manner with a view to seeking solutions to problems arising in relation to the consideration of this planning application. 2. This approval is an alternative permission to DA/2019/0207 dated 17/05/2019. Conditions 6 (External Materials), 8 (Construction Environment Management Plan), 16 (Surface Water Drainage) and 19 (Landscaping Plan) do not appear on this decision notice as details

therefore have already been submitted and agreed pursuant to planning permission DA/2019/0209. The applicant is reminded that any and all provisions relating to these conditions will still need to be fuilly complied with.