Northumberland Bates Site, Blyth Local Development Order
February 2013 Contents
1 Introduction 3 2 The Bates Site 5 3 Statement of Reasons 9 4 The Local Development Order 14 5 LDO Conformity Process 25 6 Definitions 27
Appendices
1 (Schedule 1) LDO site boundary plan 29 2 Submission Form and Commencement Notice 31 3 Appendix 3 - Other consents 32 4 LDO Monitoring 34 Contact details 36
Local Development Order: Bates Site - ADOPTED 1. Introduction
1. Introduction
Introduction
1.1 This document is a Local Development Order (hereinafter referred to as LDO) and has been produced by Northumberland County Council in partnership with Arch, the Northumberland Development Company.(1)
1.2 In developing the Order, site information has been collated; assessments have been undertaken; and advice has been sought from key consultees. Further information is available in the following documents, which should be read alongside this LDO.
Local Development Order Guide – providing background and supplementary guidance Environmental Impact Assessment Screening Opinion – this relates to legislative requirements and serves to demonstrate that the development permitted by the LDO does not have significant effects on the environment. Nature Conservation and Ecological Assessment – this comprises a number of assessments and relates to various legislative requirements, including in respect of protected habitats and species. Sustainability Appraisal Report – this reports on the testing of environmental, social and economic impacts of the LDO.
1.3 The draft LDO and associated documents identified above were subject to extensive consultation. The consultation was undertaken in accordance with the values of the Statement of Community Involvement(2) and exceeded statutory requirements(3). It sought to involve a range of stakeholders, including statutory consultees, early on the process in advance of formal consultation and involved different methods of consultation adapted to different audiences. Specifically, the consultation included: two consultation drop-in events hosted in Blyth Town Centre and in Cambois; presentations to various committees including three Parish Council's; over 900 neighbour notification letters; around 600 letters and emails to various consultees; a press notice in the News Post Leader; site notices; and publicity via the Council's web site.
1.4 Responses to consultation were received verbally, by email, by post and via the Council's on-line consultation portal. They informed revisions to the LDO including several minor amendments to development conditions(4), before being submitted to the Secretary of State for the Department of Communities and Local Government for approval. Subject to securing approval, the LDO will be adopted by the Local Planning Authority.
1 Arch has been established by Northumberland County Council as an asset backed, arms-length development company to drive capital economic and residential development, physical regeneration and business growth in Northumberland. 2 The Statement of Community Involvement (SCI) sets out how the council will engage local communities and others in the preparation of Local Development Framework documents. It also sets out how the council will consult on planning applications and other development management matters 3 As defined in The Town and Country Planning (Development Management Procedure) (England) Order 2010 4 As recorded in the LDO Consultation Feedback Report, published on the Council's web site
Local Development Order: Bates Site - ADOPTED 3 1. Introduction
Purpose
1.5 This LDO grants permission for the type of development specified by the Order (see Section 4) and by so doing, removes the need for a planning application to be made by the developer(5).
1.6 The LDO could be considered as an extension of ‘permitted development’ rights(6). It has been decided upon locally in response to local circumstances; in this case to proactively plan for sustainable economic growth(7).
1.7 The use of LDOs is supported by Central Government as an effective means of simplifying and streamlining the planning process for certain sites and certain developments. They are considered to be a ‘lean tool’ which are attractive to investors.
Scope
1.8 It is important to note that development proposals that do not fall within the prescribed criteria of an LDO may still be acceptable in planning terms. The LDO does not imply that development not specified would be unacceptable. Proposals that do not conform with an LDO would need to secure planning permission through the normal planning process. Accordingly such proposals would be considered in the context of local and national planning policies.
1.9 The LDO does not alter or supersede forms of development already permitted by the Town and Country Planning (General Permitted Development) Order 1995 (and its subsequent amendments). For example, permitted development rights which apply to part of the site identified as ‘Operational Port Land’ under Part 17 of the above Order are not affected by the LDO.
Other consents
1.10 The LDO only relates to planning consent and does not obviate the need to obtain other statutory consents such as Building Regulation approval, consents under Highways legislation, Listed Building consent, Marine Licenses or Health and Safety Executive Consents. It remains the responsibility of the developers to ensure that all other statutory requirements beyond the scope of the planning system are adhered to(8).
5 LDOs were originally introduced as part of the Town and Country Planning Act 1990, although their roles and functions have been revised through subsequent legislation. 6 Permitted development is prescribed at a national level by the Town and Country Planning General Permitted Development Order 1995, and subsequent revisions / amendments. It grants a general permission for various types of normally uncontentious development without the need to make a planning application to the local planning authority. 7 The LDO is part of a wider approach to economic development in south east Northumberland and the wider North East region. Part of the site has been granted Enterprise Zone status. In addition the site is within a wider area referred to as the Blyth Estuary Renewable Energy Zone . Further information on these initiatives and associated incentives is provided in the LDO Guide 8 Further information on other consents is provided in Appendix 3.
4 Local Development Order: Bates Site - ADOPTED 2. The Bates Site
2. The Bates Site
The Bates Site
2.1 This LDO covers the area indicated on the attached Order Plan in Appendix 1. The site is known as the Bates site and part of the site has been granted Enterprise Zone status.
Site Description
2.2 The Bates site in Blyth is in close proximity to the National Renewable Energy Centre (NaREC)(9) and Blyth Riverside Business Park.
2.3 The site is bounded to the north and east by the River Blyth. Beyond the River to the north is the site of the former Blyth Power Station. To the east on the far side of the river is a narrow strip of land between the River and the North Sea, which includes Battleship Wharf, a terminal for handling bulk cargoes. To the west is a Coal Authority mine water treatment plant, and to the south-east is Wimbourne Quay; a deep water quay operated by the Port of Blyth.
2.4 Outline consent has been granted for the site to the south west, which is being pursued for mixed-use residential-led development. A new primary school is already operational on the site. To the south east is an existing residential area known as the Hodgsons Road estate.
2.5 Access to the site can be taken from either Regent Street (B1329) or Cowpen Road (A193), which leads on to the A189 dual carriageway and from there to the national motorway network.
2.6 The site is a brownfield site occupying over 8 hectares(ha). It has twin ship loading conveyors as part of an under-utilised bulk export terminal. Several jetties and mooring points are located either side of the docking platform and loading hoppers. The area close to the conveyors is currently used as a storage area for glass awaiting recycling. An un-used conveyor system is also located around the middle of the site.
2.7 Historically, Bates was used for coal stacking associated with the former Bates Colliery, pending shipping out from the adjacent bulk handling terminal. The operations were linked to a now disused mineral railway line. The former rail line runs east to west along the southern boundary of the site. Outside the site the tracks have been removed.
2.8 Outwith the site boundary, running broadly parallel to the rail line, is a raised embankment providing screening to the adjacent residential areas.
9 NaREC is the national centre for excellence for renewable energy, dedicated to the development, growth and commercialisation of new and renewable technologies. Narec has invested over £150 million of UK government, private sector and European Union funding to create a unique portfolio of independent facilities in Blyth. The new Blade Test Facility is the largest in the world and has been designed to test the longer blades being developed for larger offshore turbines.
Local Development Order: Bates Site - ADOPTED 5 2. The Bates Site
Development Opportunities
2.9 Market research and assessment of the site’s location and facilities has demonstrated that the site would be suited to a range of sectors, including off-shore industries. For example, the site is an ideal location to serve the Crown Estates Round 3 off-shore wind farm zones, including Dogger Bank.
2.10 The site may be of particular interest to developers wishing to utilise the existing on-site Quay facilities and / or testing facilities at the National Renewable Energy Centre (NaREC) and the neighbouring Quay(10). Wimbourne Quay is a deep water quay accommodating vessels of around 160m length overall (LOA). Storage areas with load bearing capacity are available and the quay is being further strengthened.
2.11 The site is partly ‘Port Operational Land’ with associated permitted development rights as prescribed by Part 17 Class B of Schedule 2 of the The Town and Country Planning (General Permitted Development) Order 1995.
A Well Connected Infrastructure
2.12 The site is well connected to the strategic road, rail and air network. Newcastle International Airport is 14 miles away and offers connections to all destinations via major hubs including London, Amsterdam and Dubai. Newcastle Central Station is also within 14 miles. The East Coast Mainline offers frequent rail connections to London.
Development Considerations
2.13 The Council and its partners have assembled comprehensive site information for the Bates site in order to provide developers with a detailed understanding of the site and to assist them in devising their proposals. The following highlights a number of relevant development considerations which have informed development requirements and conditions in Tables 1 and 2. The LDO Guide should be referred to for further advice and guidance in respect of the development considerations.
2.14 The key considerations conveyed are believed to be reliable, nevertheless Northumberland County Council cannot guarantee the reliability of the information. The Council and Arch(11) will however endeavour to assist developers when assembling relevant site information and will be able to provide more detailed site investigation work and offer advice, which expands on the following:
Access
2.15 There are two main arterial roads into Blyth town centre from the A189 (Spine Road). Cowpen Road serves traffic coming from the north and west and is the principal access route to the Bates site. It carries a significant amount of public transport and commercial traffic to industrial estates / retail parks as well as commercial traffic into the
10 If goods required export through the Port at Wimbourne Quay this would need part construction of a heavy haul road on an existing track bed, linking the two areas. There may be financial assistance available towards the costs associated with the road. 11 Arch – the Northumberland Development Company
6 Local Development Order: Bates Site - ADOPTED 2. The Bates Site town centre. As such the route is known to operate at close to capacity at certain times of day. New developments including proposed housing are traffic generators, and will continue to impact upon this key route.
2.16 Planning for sustainable travel to and from the site and minimising road based traffic, particularly at peak times of congestion will be critical.
Flood Risk
2.17 There are plans to reduce the flood risk in Blyth by undertaking work in the area in which overtopping of the riverbank is expected. This may impact on the very eastern extremity of the site. Development should not prevent future defences being constructed in this location.
2.18 The site is largely within a flood zone 1, however there is an area within the eastern part of site where there is a risk of flooding. Flood risk assessment work has been undertaken for the site. The risk may require further assessment. There are a range of flood resistance measures available to overcome risks, including in respect of floor levels, construction measures and evacuation plans.
Ground conditions and Contamination
2.19 Geotechnical investigations have been undertaken for the site.
2.20 Gross contamination was not encountered and ground water results indicate that gross contamination is unlikely in areas not investigated. Evidence of some acid mine water drainage was found in the west of the site and there is a need to safeguard the route of the pipe from the pump house to the treatment works. Notwithstanding these findings, once proposals have been developed, further investigations are likely to be appropriate.
2.21 Overall, whilst it is considered that there are competent ground conditions, the historical use of the site and infilling and reclamation of the river edge indicate that the site requires some remediation to remove contamination from the former activity. The removal of a limited amount of concrete may also be required.
Coal
2.22 Part of this site falls within the Coal Mining Development Referral Area. There is a band of probable shallow working and a coal outcrop which covers the very eastern part of the site adjacent to the coast. A Coal Mining Risk Assessment Report is required to assess ground conditions in this part of the site and their possible implications for construction, and to consider the viability of extraction(12).
Ecology
2.23 The site has no ecological designations, however, it is in close proximity to sites of ecological significance including the tidal mudflats in the Blyth Estuary which are part of the Northumberland Shore Site of Special Scientific Interest (SSSI). A national designation for its value to overwintering wading birds.
12 In line with NPPF objectives.
Local Development Order: Bates Site - ADOPTED 7 2. The Bates Site
2.24 The site is also close to the Northumbrian Coast Special Protection Area (SPA) and Ramsar site. A European designation, identified in this location for overwintering Turnstone and Purple Sandpiper.
2.25 Further designated sites exist in the wider area including Blyth Estuary Local Wildlife Site and Wansbeck Estuary Local Wildlife site.
2.26 Appropriate protection must be afforded to these habitats and species along with the on-site ecological matters, therefore development conditions have been imposed accordingly. Further information is available in the Nature Conservation and Ecological Assessment report.
Landscape and Visual Amenity
2.27 The Blyth Estuary is characterised by large scale industrial uses alongside recreational uses associated with the river. Pockets of small scale residential development such as North Blyth and East Sleekburn are interspersed between industrial development. The skyline is also characterised by wind turbines at the mouth of the harbour, and larger wind turbines off shore.
Amenity
2.28 Immediately to the south and south west of the Bates site are proposed and existing housing and a new primary school.
2.29 The embankment running outwith the southern boundary of the site provides an effective screen to these adjacent uses, nevertheless protecting amenity and health and safety during operation, construction and decommissioning phases are key considerations. Relevant conditions, standard to such developments have been imposed accordingly.
Health and Safety Executive Consultation Zone
2.30 Part of the Bates site falls within the Middle and Outer Consultation Zone of a fertiliser store at Battleship Wharf. The development permitted by the Order is considered to be less vulnerable and unlikely to be ‘advised against’. However developers should consult the Health and Safety Executive ahead of development.
2.31 In respect of the development permitted, is not anticipated that hazardous substances will be involved. However, should a developer wish to bring forward a B1 or B2 use under the provisions of the Order, which did include the use of hazardous substances, the developer would need to apply for Hazardous Substance Consent in the usual manner (see Appendix 3).
Utilities
2.32 The site benefits from water, Gas and 3 phase electricity supplied into the site at 1000KVA. It is recommended that developers contact the relevant utility provider(s) when designing new development. Contact details are provided in the LDO Guide.
8 Local Development Order: Bates Site - ADOPTED 3. Statement of Reasons
3. Statement of Reasons
Overall Objective
Northumberland County Council has prepared this Local Development Order to help streamline the planning process and enable development of land at the Bates site as part of a wider initiative to create and support the conditions for economic growth.
The Site
3.1 The Bates site is located on the south shore of the River Blyth Estuary in Blyth, south east Northumberland. It is bounded to the north and north-east by the River Blyth.
Picture 3.1 Bates Site Location Plan ±
DO NOT SCALE © Crown copyright and database rights 2012 Ordnance Survey 100049048
Description of Development Permitted
3.2 The LDO grants planning permission exclusively for the erection of buildings and/or the use of land and associated development for Uses Classes B1 (a) B1 (b), B1(c); B2; and B8 (and ancillary Use Classes A1, A3)(13) subject to various criteria (including development being in the target sectors - see para 3.10) and development conditions (see Tables 1 and 2).
13 as defined in the Town and Country Planning (Use Classes) Order 1987 (and subsequent amendments)
Local Development Order: Bates Site - ADOPTED 9 3. Statement of Reasons
Justification for Creating an LDO
3.3 Northumberland County Council is committed to creating the conditions for economic recovery and growth. The designation of sites at Blyth Estuary as part of the North Eastern Local Enterprise Partnership (NELEP) Enterprise Zone (EZ) gives Northumberland and the wider NELEP area, a competitive advantage which the NELEP partners are keen to exploit.
3.4 There has been a long-standing history of off-shore industries in the North East(14), and more recent successes in the low carbon and knowledge based sectors, including within south east Northumberland. Amongst other significant developments, the National Renewable Energy Centre (NaREC)(15) has played an important role in supporting delivery of government’s economic growth and green energy policy objectives, and in attracting and anchoring investment to the UK. The Centre hosts some of Europe’s largest translational research, development and testing facilities for offshore wind, wave, tidal and electrical network technologies. Clients range from large multi-national companies, to technology start-ups, local authorities and major investors in renewable energy projects.
3.5 The incentives offered through the EZ will build on the existing BEREZ partnership initiative(16). Jointly they will serve to further stimulate the creation of new businesses and jobs, and contribute to the vision of the NELEP ‘… to rebalance the economy and create Europe’s premier location for low carbon, sustainable, knowledge-based private sector-led growth and jobs’.
3.6 Specifically the designation of some sites and the sectors being targeted by NELEP and Arch(17) will optimise the locational advantages of Blyth and its Port facilities and potentially help to create a cluster of businesses or supply chains which will help drive competitiveness, innovation and ultimately sustainable economic growth.
3.7 This LDO has been developed as it is considered to represent the most appropriate and effective tool for simplifying the planning process and boosting enterprise at the Bates site.
Rational for Development Permitted
3.8 The type and form of development permitted by the LDO and the associated criteria and conditions have been identified on the basis of a comprehensive understanding of the site and its context (including its proximity to NaREC); the aspirations to deliver growth
14 The region is responsible for constructing 70% of all North Sea Oil and Gas platforms. Many companies have expanded into the off-shore renewables sector. 15 NaREC is the national centre for excellence for renewable energy, dedicated to the development, growth and commercialisation of new and renewable technologies. Narec has invested over £150 million of UK government, private sector and European Union funding to create a unique portfolio of independent facilities in Blyth. The new Blade Test Facility is the largest in the world and has been designed to test the longer blades being developed for larger offshore turbines. 16 The Blyth Estuary Renewable Energy Zone initiative is a a partnership of public and private organisations working together to support further investment from the renewable and low carbon sectors, particularly in off-shore wind. The zone comprises extensive industrial and business park environments on the south and north banks of the River Blyth all within 2-4km of the Port of Blyth 17 Arch - the Northumberland Development Company, as asset backed arms length development company set up to drive capital economic and residential development, physical regeneration and business growth in Northumberland
10 Local Development Order: Bates Site - ADOPTED 3. Statement of Reasons and the linked benefits such as skills development, wealth and job creation; the potential impacts of different forms of development; and a broad understanding of the types of development being sought by developers and businesses in the target sectors.
3.9 The development parameters are considered to be reasonable and practicable. The justification for each requirement and condition is identified in Tables 1 and 2. In essence the criteria seek to ensure: development is sustainable and contributes to quality of place; negative impacts of development, including impacts on the environment and the amenity of neighbouring interests are minimised; high development standards, including energy efficiency are achieved; and development factors such as infrastructure are effectively addressed.
3.10 The other key criterion is for development to be within the target sectors of manufacturing, maintenance and servicing of plant, machinery, equipment and parts for off-shore industries; advanced manufacturing and technology; port and logistic related businesses; and storage and distribution linked to off-shore industries. It is considered this description(18) effectively captures the aspirations to strengthen existing established sectors and supply chains whilst also allowing a degree of flexibility for appropriate new areas of private sector led growth.
3.11 The LDOs seek to deliver new growth from inward investment or expansion of indigenous firms rather than resulting in ‘displacement’ of existing businesses onto the sites. This LDO specifically targets businesses not already located in Northumberland. However, businesses that are located in the area may be considered if they can make a case, which demonstrates that they are actively seeking to increase their existing business in the target sectors.
Statement of Policies that the LDO will Implement
3.12 The LDO supports the implementation of existing and emerging strategies, plans and policies at a national level and certain policies at a local level. Relevant policies include:
National Policies
National Planning Policy Framework (NPPF)
3.13 The NPPF cites the planning system as having a role in contributing to building a strong, responsive and competitive economy. Planning is to operate to encourage sustainable growth in order to create jobs and prosperity and to tackle the twin challenges of global competition and of a low carbon future.
3.14 Specifically the Framework encourages a proactive approach to meet the development needs of business and reduce the burden of planning requirements and suggests the consideration of LDOs to relax planning controls in some instances.
3.15 Existing business sectors are to be supported alongside planning for new or emerging sectors likely to locate in the area. Furthermore, the promotion and expansion of clusters or networks of knowledge driven, creative or high technology industries is to be positively planned for.
18 Further definition of ‘sectors’ in Section 6 of this LDO
Local Development Order: Bates Site - ADOPTED 11 3. Statement of Reasons
Marine and Coastal Access Act 2009 and Marine Policy Statement (MPS)
3.16 The Marine and Coastal Access Act is relevant to the LDO, given the estuary / coastal location of the site. The role of the marine environment is recognised as an asset including in respect of the social, economic and environmental well-being of coastal communities.
3.17 The Act introduced new systems of Marine planning, including the Marine Policy Statement (MPS). The MPS is the framework for progressing Marine Plans and taking decisions affecting the marine environment. At the time of preparing the LDO, a Marine Plan is not in place to cover the north-east marine environment, however the MPS was taken into account.
3.18 The MPS recognises that marine based activities, as permitted by this LDO, can provide opportunities for employment in long established industries including marine transport, port related storage and processing, oil and gas production and new industries such as the renewable energy sector.
Regional Policy
3.19 Although the Government has stated its intention to abolish the Regional Spatial Strategy for the North East (RSS) this has not happened at the time of preparing this LDO. Within the RSS the regeneration of Blyth is promoted. More particularly, Policy 13 identifies Blyth Estuary as a brownfield mixed-use location for major mixed use development. The sustainable growth of Blyth Harbour is also supported.
Local Policies
3.20 The following local policies are of relevance:
Northumberland Consolidated Planning Framework
3.21 The Framework brings together relevant planning policy documents, both statutory and non-statutory(19). Whilst LDOs are not required to implement local plan policies(20), relevant policies that have been considered in drafting the LDO include:
Blyth Valley Core Strategy, July 2007
Policy SS1 – Regeneration and Renaissance of Blyth Valley 2021 Policy SS2 - The Sequential Approach and Phasing Policy SS3 – Sustainability Criteria Policy REG5 – Business Clusters
Blyth Valley Development Control Policies Development Plan Document 2007
Policy DC1 - General Development Policy DC9 – Mixed uses
19 Northumberland Consolidated Planning Framework bring together planning policies from the former planning authorities which merged as a result of Local Government Reorganisation in 2009 20 The primary legislative provisions related to LDOs were introduced by the Planning and Compulsory Purchase Act 2004 and amended by the commencement of section 188 of the Planning Act 2008. The effect was to remove the requirement that LDOs must implement local plan policies.
12 Local Development Order: Bates Site - ADOPTED 3. Statement of Reasons
Policy DC 14 - Sites of National Importance for Nature Conservation Policy DC27 – Design of New Developments
Blyth Valley District Local Plan, May 1999 – (Various saved policies including:)
Policy W3 - Port of Blyth continued activity Policy W4 - Port of Blyth Port Development Area
Emerging Northumberland Core Strategy
3.22 The Core Strategy Issues and Options document has been subject to public consultation is will now be progressed through various drafting stages and approval processes before adoption. The Issues and Options document identifies the Blyth Estuary Renewable Energy Zone (BEREZ) as a strategic employment area and specifically a location for the low carbon sector. It proposes minor revisions to the existing employment site designations, which include the LDO site.
Northumberland Sustainable Community Strategy - Northumberland: Resilient for the Future, May 2011
3.23 Re-balancing the economy is one of the big partnership issues identified in the Strategy. To be resilient, re-balancing is described as needing to be built from the expansion and diversification of the county’s niche industrial sectors, including renewables. Within this, greater intent also is given to creating inter-dependencies between clusters of Northumberland-based firms.
Northumberland Economic Strategy
3.24 The Northumberland Economic Strategy is the framework for re-balancing the economy by reducing dependence on the public sector for employment and by strengthening the private sector's contribution to growth. A key objective of the strategy is to develop an exemplary low carbon economy, which includes seeking low carbon economic investment in the BEREZ.
Local Development Order: Bates Site - ADOPTED 13 4. The Local Development Order
4. The Local Development Order
Description of development permitted by the LDO
(Schedule 2)
Within the boundaries of the plan in Schedule 1, this Local Development Order will grant planning permission exclusively for land use, buildings and ancillary facilities; and associated development specifically linked to the following business sectors:
The manufacture, maintenance and servicing of plant, machinery, equipment, parts and vessels for off shore industries; Advanced manufacturing and technology; Port and logistics related businesses; Storage and distribution linked to off-shore industries.
in the following Use Classes
B1 (a) Offices (excluding those within A2 class); (b) Research and development, of parts and processes; (c) Light Industry appropriate in a residential area; B2 General Industry (excluding incineration purposes, chemical treatment or landfill or any operation processing or storage or activity involving hazardous or inert waste); and B8 Storage and Distribution
Provided that the following criteria are met:
a. B1 (a) office use is not developed in isolation – i.e must be associated with B1(b), B1(c), B2 or B8 use; and b. the development permitted would not be considered to cause displacement from elsewhere within Northumberland; and c. the requirements and conditions identified in Tables 1 and 2 of Schedules 3 and 4 are satisfied.
There will also be a limited opportunity for amenity facilities to support the function of the wider area. The following uses will therefore be permitted:
A1 Shops A3 Restaurants and Cafes
Provided that the following criteria are met:
a. A1 uses are for the sale of predominantly convenience goods; and b. development occurs after the completion of a B1, B2, or B8 use; and c. development does not exceed gross floor space of 200m2 (including mezzanine floors), with an individual unit size of no greater than 150m2; and d. the requirements and conditions identified in Tables 1 and 2 of Schedules 3 and 4 are satisfied.
14 Local Development Order: Bates Site - ADOPTED 4. The Local Development Order
Additional Information
Lifetime of the LDO
4.1 The LDO will be in place for 6 years following the date of adoption. Upon expiry of the LDO, the permitted development rights will cease to apply to any development that has not commenced.
4.2 To comply with the Order it will be necessary for development to have commenced on site prior prior to the date of Expiry of the Order. Development which has commenced by the end date will be permitted to be completed within a reasonable timescale. Any proposed development after this date will require the submission of a formal planning application to the Local Planning Authority (LPA).
4.3 From the date of expiry of the Order no new uses or changes of use will be allowed, without planning consent; unless it is a permitted change of use as prescribed in the Town and Country Planning (General Permitted Development) Order 1995 (and its subsequent amendments).
4.4 Upon expiry of the Order, Northumberland County Council may either reintroduce the Order with or without revisions; or revoke the Order and return to the established planning system. The Council has the power to revoke the Order at any time before its expiry or could be directed to do so by the Secretary of State. Revisions or revocation of the Order would be subject to notification via the Council's web site and a local press notice.
Monitoring of the LDO
4.5 The effectiveness of the Order will be monitored over the 6 year period to ensure development remains compliant with the Conditions and Developer Requirements.
4.6 Information will be collected as part of LPA’s wider approach to monitoring planning and will inform the Government’s, the Local Enterprise Partnership’s and the Council’s understanding of the success of the Order and wider economic initiatives.
4.7 Standard enforcement practises will apply to development brought forward via theunder the provisions of the Order.
Limitations
4.8 Developers should satisfy themselves that all legislative requirements and consents have been fulfilled / obtained before proceeding with development. Key considerations include:
Other Consents
4.9 The Order only relates to planning consent. It does not remove the need to obtain other statutory consents from the Council or other organisations.
Local Development Order: Bates Site - ADOPTED 15 4. The Local Development Order
Environmental Impact Assessment
4.10 An Order cannot permit development which is termed ‘Schedule 1’ development (under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011). The development permitted by this Order has been screened in respect of Schedule 2 development under the same regulations. Notwithstanding the Screening Opinion, further screening of individual developments will be required.
Habitat Regulations
4.11 An LDO similarly cannot permit development which is likely to have a significant effect on a European site or a European Offshore marine site (either alone or in combination with other plans and projects) and which is not directly connected with or necessary for the management of the site (under Regulation 78 of the Conservation of Habitats and Species Regulations 2010 (SI no. 490)). The development permitted by this Order has been screened in respect of the regulations concluding there would be no likely significant effects.
Agreements/Contributions
4.12 Depending upon the impacts of development, developers may be required to provide contributions towards off-site infrastructure or mitigation measures.
4.13 It is anticipated that a Community Infrastructure Levy will be adopted by Northumberland County Council within the lifespan of this Order.
Table 1 Prior information and requirements (Schedule 3)
Requirement Reasons
A written statement demonstrating why the development proposed To ensure that the falls within the business sectors specified shall be submitted to development complies with and approved by the Local Planning Authority (LPA). Where the this Order and does not business is an existing business in Northumberland the statement represent displacement. should also demonstrate why the proposal does not represent displacement. The statement should include details of the level of projected employment growth, the provision of additional floor space and projected growth in output within 5 years from the beginning of operations
A request for a Screening Opinion under the Town and Country To ensure that the Planning (Environmental Impact Assessment) (England and Wales) development complies with Regulations 2011 (or any subsequent amended legislation) shall this Order in regard to EIA be submitted to and assessed by the LPA. This request must development. provide sufficient to identify the type, location, scale, height and operation.
Prior to the commencement of development a completed LDO To ensure that the proposed Submission Form shall be completed and submitted to the LPA development complies with along with: this Order and achieves high A site plan with the site outlined in red and showing the quality and inclusive design. proposed development layout in detail.
16 Local Development Order: Bates Site - ADOPTED 4. The Local Development Order
Requirement Reasons
Sufficient plans and elevations to determine the size and appearance of the development (plans should be to a recognised metric scale);
Details of materials; and
A statement demonstrating how the development has had regard to achieving high quality and inclusive design. In particular the statement should demonstrate how the development responds to local character (including how the development responds to the setting of heritage assets and specifically the Listed Coal Staithes to the North of the River Blyth); how the development optimises the potential of the site (including where possible, using passive design principles to achieve energy savings); and how the development is adaptable and can respond to changing social, technological and economic conditions.
Not less that 14 days prior to the commencement of development To enable the monitoring of a completed LDO - Commencement Notice shall be completed development and the effective and submitted to the LPA. implementation of the Order.
Development must commence on site prior to the date of expiry To ensure that the proposed of the Order. development complies with this Order.
Table 2 Conditions (Schedule 4)
Conditions Reasons
Compliance with the Local Development Order
The development permitted by this Order shall not be carried out To ensure sustainable forms other than in complete accordance with the criteria and conditions of development, in line with set out within this LDO, with the exception of minor variations the aspirations for the LDO submitted to and approved in writing by the Local Planning Authority site, to prevent unauthorised (LPA). development occurring without consent and to In the event that proposed development relates to only part of the accommodate phased LDO site, the development would be classed as a phase of development. development. Any phase of development shall similarly not be carried out other than in complete accordance with the criteria and conditions set out within this LDO, with the exception of minor variations submitted to and approved in writing by the Local Planning Authority (LPA).
Site Layout Any
Any development or phase of development shall be positioned in To ensure efficient use of the such a way as to not prejudice future development of the wider land and protect the potential LDO area; and in particular not prejudice: to link the site to Wimbourne Quay
Local Development Order: Bates Site - ADOPTED 17 4. The Local Development Order
Conditions Reasons
the development of a heavy haul link road, following the line To ensure efficient use of the of the former railway line extending east to connect with land and protect future flood Wimbourne Quay. defence works. future flood defences at the eastern extremity of the site. (NB. Early consultation with the Environment Agency and Northumberland County Council as a minimum, is essential to ensure development does not influence these measures.)
Development Scale
The maximum height of buildings must not exceed 35m above OD, In the interests of the except for developments within 10m of the southern boundary of satisfactory appearance of the site where the maximum height of buildings must not exceed the development. 15m above OD.
Sustainable Design
All buildings will be designed to ensure energy consumption is To ensure development minimised and all buildings over 500sqm will be required to achieve: contributes to reducing carbon emissions and a. BREEAM ‘very good’ accreditation (or BREEAM Excellent supports the delivery of low accreditation if the development commences after 2014) or carbon and renewable b. Achieve a minimum of 10% of its energy consumption from energy in accordance with renewable resources. the National Planning Policy Framework (NPPF). Unless it can be suitably demonstrated through assessment, to be submitted to and approved in writing by the LPA, that the nature of the building / business prevents this.
Where it is not suitably demonstrated through assessment that the nature of the building prevents this, no building works for buildings over 500sqm shall commence until a completed design stage BREEAM assessment; or renewable / low carbon energy plan (including details of any physical works to accommodate renewable or low carbon generating equipment) shall first be submitted to and approved in writing by the LPA. The approved scheme shall be implemented before the development is first occupied and shall remain operational for the lifetime of the development.
Where a BREEAM rating is to be achieved, a post completion certificate will be required following completion of development.
Landscaping
A high quality landscaping scheme for the site or area of the In the interests of development phase shall be implemented during the first full planting season (November -March). The scheme should be appropriate to visual amenity, the the setting, including locally native trees and shrubs. Development, satisfactory appearance of or a phase of development which is contiguous with a site boundary, the development upon shall give emphasis to boundary planting to screen development. completion and to ensure the The landscaping should seek to achieve net gains in biodiversity protection and where including where possible introducing wetland habitats. The possible enhancement of biodiversity.
18 Local Development Order: Bates Site - ADOPTED 4. The Local Development Order
Conditions Reasons landscaped areas / boundaries shall be subsequently maintained, to ensure the establishment of the scheme including watering, weeding and the replacement of any plants, or areas of seeding or turfing which fail within a period up to 5 years from the completion of the development.
Transport
Development proposals in excess of the gross floor space To determine the impact of thresholds set out below shall be accompanied by a Transport development on transport Assessment and draft Travel Plan to be submitted to and approved and to improve accessibility in writing by the LPA. and safety for all modes of travel. B1> 2500m²; B2> 4000m² ; B8> 5000m²
For smaller scale proposals relating to any of the permitted uses, a Transport Statement may be required. Developers shall refer to DfT Guidance on Transport Assessment and liaise with Northumberland County Council’s Highway Engineers at the earliest opportunity.
Parking and Access
All new buildings and associated development will be required to To ensure accessibility of the be fully accessible, having regard to the needs of disabled and less site and to minimise danger, mobile people, servicing requirements, manouvering, obstruction and loading/unloading and highway safety and must provide adequate inconvenience to users of parking for commercial vehicles, employees and visitors and cycle adjoining highways. parking facilities.
Flood Risk
Any development or phase of development within flood zones 2 To reduce the impact of and 3 shall be accompanied by a Flood Risk Assessment (FRA) to flooding on the proposed be submitted to and approved in writing by the LPA. The FRA should development and future identify and assess the risks of all forms of flooding to and from the occupants. development and demonstrate how these flood risks will be managed, taking climate change into account. The development shall be completed in accordance with the agreed details.
(NB. Preliminary Flood Risk Assessment work has been undertaken and is available upon request. Early consultation with Northumbria Water Ltd, the Environment Agency and Northumberland County Council as a minimum, is essential to ensure flood risk is managed as part of any development.)
Sustainable and Surface Water Drainage
No development or phase of development shall be commenced To prevent the increased risk until drainage works have been carried out for the site or area of of flooding by ensuring the the development phase, in accordance with details to be submitted provision of a satisfactory and approved in writing by the LPA. Prior to the submission of those and sustainable means of details an assessment shall be carried out into the potential for drainage.
Local Development Order: Bates Site - ADOPTED 19 4. The Local Development Order
Conditions Reasons
disposing of surface water by means of a Sustainable Drainage System (SUDs) and the results of the assessment provided to the LPA. Where a SUDs scheme is to be implemented the submitted details shall:
a. Provide information about the design storm period and intensity, method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving waters b. Specify the responsibilities of each party for the implementation of the SUDs scheme together with a timetable for that implementation c. Provide a management and maintenance plan for the lifetime of the development which shall include the arrangement for adoption of any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.
The scheme shall be implemented, maintained and managed in accordance with the approved details.
NB. Early consultation with Northumbrian Water Ltd, the Environment Agency and Northumberland County Council, as a minimum us essential to ensure flood risk is managed as part of any development.
Drainage from hardstanding areas that have the potential to be The Environmental contaminated by fuels, chemicals or other polluting material must Permitting Regulations make be connected to the foul sewer. it an offence to cause or knowingly permit any discharge that would result in the input of pollutants to ground or surface waters.
Land Contamination
No development or phase of development shall be commenced To protect the environment until: from contamination and to ensure that the site will not a)The site or area within the development phase has been subjected qualify as contaminated land to a detailed desk study and site investigation walkover to determine under Part 2A of the the level of ground contamination present and remediation Environmental Protection Act objectives have been determined through risk assessment, and 1990. using this information, a diagramatical representation (Conceptual Model) for the site of all potential contamination sources, pathways and receptors produced; all of which shall be submitted to and approved in writing by the LPA;
b) a remediation statement which details proposals for the removal, containment or otherwise rendering harmless any contamination has been submitted to and approved in writing by the LPA;
20 Local Development Order: Bates Site - ADOPTED 4. The Local Development Order
Conditions Reasons c) the works specified in the remediation statement have been completed in accordance with the approved scheme and a report validating the remediated site/area has been submitted to and approved in writing by the LPA. Post remediation sampling and monitoring results shall be included in the report to demonstrate that the required remediation has been fully met.
If during development contamination not previously considered is identified, then an additional method statement regarding this material shall be submitted to the LPA for approval.
NB. The developer should follow the guidance and methodologies in ‘Model Procedures for the Management of Land Contamination’ DEFRA CLR11
Ground conditions
Prior to the development or phase of development commencing, a To demonstrate how the feasibility assessment of extracting the coal resources as part of developer will avoid the ground works to the site or area of the development phase shall unnecessary sterilisation of be submitted to and approved in writing by the LPA. nationally important mineral resources in accordance with the NPPF.
Where the development or phase of development proposed falls To ensure compliance with within the Coal Mining Referral Area, a Coal Mining Risk the NPPF in relation to Assessment Report shall be submitted to and approved in writing development on unstable by the LPA in consultation with the Coal Authority. Prior to the ground. commencement of development any necessary measures to address risks, including details of protective measures to prevent ingress of land gas shall be submitted and approved in writing by the LPA.
Archaeology
A programme of archaeological work is required for the site or area In order to ensure of development phase in accordance with a brief provided archaeological interests in Northumberland County Council's Conservation team. The sites are examined and to archaeological scheme shall comprise three stages of work. Each conserve any heritage stage of work must be complete and approved in writing by the assets identified. LPA. No development of archaological mitigation shall be commenced on site until a written scheme of investigation, in line with the brief, has been submitted and approved in writing by the LPA.
Local Development Order: Bates Site - ADOPTED 21 4. The Local Development Order
Conditions Reasons
The archaeological recoding scheme required by the brief must be completed in accordance with the approved written scheme of investigation unless otherwise agreed in writing by the LPA.
The programme of analysis, reporting, publication and archiving if required by the brief must be completed in accordance with the approved written scheme of investigation.
22 Local Development Order: Bates Site - ADOPTED 4. The Local Development Order
Conditions Reasons
Lighting
New external lighting shall be designed in accordance with Institute To retain control over of Lighting Engineers Guidance Notes For The Reduction Of floodlighting and in the Obtrusive Light. Lighting shall be positioned/directed to prevent interests of amenity, obtrusive light and nuisance. Specifically lighting must minimise preventing nuisance and the upward and outward spread of light near to and above the distraction, including to horizontal, to neighbouring occupiers and to the estuary. No aircraft, and protecting floodlighting shall be installed unless details have first been species and habitats. submitted to and approved in writing by the LPA. The floodlighting shall thereafter be installed and operated fully in accordance with the approved scheme.
Noise
Noise from construction, piling and operations on the site shall be To safeguard the amenity of assessed using BS5228 and BS4142 respectively prior to the occupiers of adjoining noise commencement of any development approved under this Order sensitive properties. and a scheme for the effective control of noise and vibration from the premises shall be submitted to and approved in writing by the LPA.
No construction, operational or decommissioning noise shall exceed To limit disturbance and 55db(LAmax) at Blyth North Staithes or at any area designated as safeguard SPA/ Ramsar and SSSI or SPA during the over wintering period October – March. SSSI Bird populations This must be demonstrated through sound modelling to be submitted to and approved by the LPA.
Dust, Particulates, Odour and Ventilation
Where the development or phase of development involves To safeguard the amenities processes which will result in the production of emissions of dust, of the occupiers of adjoining particulates (respirable PM10’s) fumes or odours from the properties construction or operations of the site, prior to the commencement of any development approved under this Order, a scheme for the effective control of dust, particulates, fumes or odours from the premises shall be submitted to and approved in writing by the LPA. The scheme approved shall be implemented prior to the occupation of the approved development and thereafter retained at all times in the approved manner.
Cumulative Impacts
Where the development of phase of development involves To safeguard the amenities processes which will result in the production of emissions of dust of the occupiers of adjoining or particulates, odour or noise, the cumulative effects of existing or properties. already permitted developments within the zone of influence shall be factored in, prior to the commencement of any development approved under this Order a scheme for the effective control of cumulative effects from the premises shall be submitted to and approved in writing by the LPA. The scheme approved shall be implemented prior to the occupation of the approved development and thereafter retained at all times in the approved manner.
Storage
Local Development Order: Bates Site - ADOPTED 23 4. The Local Development Order
Conditions Reasons
No material that could become windborne shall be stored on the In the interests of visual site other than within buildings. amenity and the amenity of nearby occupiers.
Ecological Assessment and Mitigation
Prior to the commencement of development or phase of In the interests of development, details of provision for undisturbed feeding and conservation of biodiversity roosting habitat for wading birds shall be submitted to and approved / protected species. in writing by the LPA
No vegetation/site clearance shall be undertaken on the site or area To protect nesting birds, all of the development phase between the 1st March and 31st August species of which are unless an ecologist has first confirmed that no birds nests are being protected by law. built or in use, eggs or dependent young will be damaged or destroyed.
Where the site or area of the development phase has developed In the interests of a short perennial / ephemeral vegetation type of floristic interest conservation of biodiversity the seed bank shall be translocated to landscaping within or off-site / protected species. or seed collection and haystrewing shall be carried out if it is proven to be a more effective method of conserving the ecological interest of the site.
24 Local Development Order: Bates Site - ADOPTED 5. LDO Conformity Process
5. LDO Conformity Process
5.1 The diagram below illustrates the process by which the Local Planning Authority (LPA) will determine conformity with the LDO.
Picture 5.1 LDO Conformity Process
Pre-submission Advice (see LDO Enquiry Form)
Submission of all relevant details
(see Submission Form and Tables 1 and 2) EIA Screening If not EIA
Further information required
Planning Application Required
Development determined in Development determined conformity with LDO NOT in conformity with LDO
Planning Application Required
Legend Notice of development commencement Standard process for development (see Commencement Notice form) under the LDO
Essential screening – if determined to be EIA development, cannot proceed Development on site under LDO.
Circumstances where LDO does not apply and a planning application is required
Pre-submission Advice
5.2 Developers are strongly urged to seek advice from the LPA at their earliest opportunity to consider conformity with this LDO and the implications of specific requirements and conditions. Discussions could also help to identify any existing information the Council may hold in respect of the site. An LDO Enquiry Form is attached in Appendix 2 to aid such dialogue.
5.3 Developers are also encouraged to initiate early engagement of key stakeholders and to identify other consent requirements (see Appendix 3). Identified development considerations and conditions will influence which stakeholders are of particular relevance and the degree to which they need to be involved. Key consultees are likely to include Natural England, the Environment Agency and the Marine Management Organisation. A list of key contacts is provided in the LDO Guide.
Local Development Order: Bates Site - ADOPTED 25 5. LDO Conformity Process
Submission and Assessment
5.4 Subject to the outcome of the recommended pre-submission advice, the first stage of the process requires submission of an EIA screening request. Within 21 days of valid receipt of all necessary information the LPA will either provide a response in writing or request further information or ask for additional time in which to make a response. The response will state whether the proposed development requires further assessment and therefore cannot proceed under the LDO or has been screened and determined not to require further assessment of the environmental effects / impacts.
5.5 The second stage requires submission of all necessary information (as specified in Tables 1 and 2). It is important to note that except where criteria / conditions require information to be submitted to and approved in writing by the LPA, the developer assumes the responsibility for ensuring that their development is compliant with the LDO. Within 28 days of valid receipt the LPA will provide a response in writing. The response will state whether:
the proposed development is in conformity with the LDO further information is required to determine whether the proposed development is in conformity with the LDO the proposed development is not in conformity with the LDO
5.6 If further information is required to make an assessment and a decision cannot be reached within 28 days, the LPA will seek to agree a reasonable extension of time with the applicant. Should minor changes be required to ensure compliance with the LDO, where feasible, the LPA will endeavour to seek amendments with the applicant, rather than issue a response of non-conformity. Again this may require an extension of time which will be agreed with the applicant.
5.7 As illustrated, where development is determined not to be in conformity with the LDO, a planning application will be required if the development is to progress unchanged.
5.8 The first and second stages of the submission process could run concurrently thereby potentially reducing the overall time scales for the conformity process - i.e. the EIA screening request could be submitted alongside the submission of all other relevant information. However, a developer would accept the risk that if the development was determined to require an EIA it could not proceed under the provisions of the LDO.
Notification
5.9 The final stage is the submission of an LDO Notice of Commencement Form (see Appendix 2). This is a simple means of informing the LPA that development is due to start on site. The form must be submitted to the LPA at least 14 days prior to commencement and is required for monitoring purposes.
26 Local Development Order: Bates Site - ADOPTED 6. Definitions
6. Definitions
Sectors
6.1 The manufacture, maintenance and servicing of plant, machinery, equipment, parts and vessels relates to the off shore industries such as wind energy generation; tidal and wave technology; and oil and gas exploration and extraction. For example, an operations and maintenance facility for off shore oil and gas platforms or manufacturers of off-shore wind turbines and component parts, or components such as off-shore cables, pipes and valves.
6.2 Advanced Manufacturing and Technology describes business which use a high level of design or scientific skills to provide technologically complex products and processes. Advanced Manufacturing is possible across the wide range of activities that encompass modern industry, from the likes of large aerospace companies down to small firms spun off from university research.
6.3 Port and logistics related businesses covers a range of businesses connected with or comprising the import or export of goods and materials via the port.
6.4 Storage and distribution linked to off-shore industries relates to indoor and outdoor storage and handling facilities where stock or parts can be held for companies using the Port Of Blyth for movements in and out by road as well as import / export by sea.
6.5 It will be at the discretion of Northumberland County Council in consultation with Arch to determine whether a proposal is deemed to fall within the appropriate sectors.
Displacement
6.6 Displacement will be a consideration when assessing proposals for development within the LDO area.
6.7 Displacement is the extent to which development and economic growth in the LDO sites will result in the relocation of existing businesses from within the local area into the LDO sites simply as a result of the incentives and interventions available. The criteria of consent specify that the development cannot be considered to cause displacement from elsewhere within Northumberland.Displacement would therefore not result in net economic growth or increased employment targeted by the LDO and as such has wider negative impacts on the economy.
6.8 This does not prevent a business, including a subsidiary business within a group of businesses proposes to relocate from within the Northumberland County Council area into the LDO site, if it is expanding in the target sectors.
6.9 Northumberland County Council in consultation with Arch will make an assessment based upon the statement provided(21). Any development that is considered to be displacement will not be permitted under the LDO.
21 See Table 1 prior information requirements
Local Development Order: Bates Site - ADOPTED 27 6. Definitions
Associated development
6.10 For the purposes of this LDO ‘Associated development’ includes the following:
Ground works in advance of development of the site for the purposes of investigating geological ground conditions, identifying areas of contamination, or undertaking archaeological investigations; including the provision on land of buildings, moveable structures, works, plant or such works(22). Remediation works (provided that they are not EIA development). Construction of access roads, car parking areas, hard and soft landscaping works Construction of a heavy haul link road running along the line of the existing rail bed (provided that the area of works does not exceed 1 hectare and subject to Stopping up the Highway at St Ann’s Row) Environmental mitigation measures (provided that they are not EIA development) The machinery required temporarily in connection with and for the duration of improvement of highway and access infrastructure associated with development; and construction of new highway infrastructure and accesses within the site. The installation, alteration or replacement of any closed circuit television camera to be used for security purposes, including any pole or supporting equipment required for such installation. The installation alteration or replacement of solar photovoltaic or solar thermal equipment on a building.
Ancillary facilities
6.11 For the purposes of this LDO ancillary facilities include: canteens, staff rest areas, workplace medical facilities, facilities for fighting fire or other emergency services, smoking shelters, passenger shelters, bicycle shelters, motorcycle shelters, security buildings, barriers for the control of people and vehicles, traffic signals, waste recycling facilities, machinery and plant maintenance facilities, electricity substations and associated electric lines, electric vehicle charging points, bollards, lamp standards, telephone boxes, post boxes and refuse bins; that are required for purposes ancillary to activities permitted by this order. Ancillary facilities do not include facilities for members of the public (for example conference venues); hotels; a petrol filling station or residential accommodation, nor development to facilitate the landing of helicopters or other aircraft.
22 See Table 1 Conditions and LDO Guide – consent may be required to undertake such investigations.
28 Local Development Order: Bates Site - ADOPTED Appendix 1: (Schedule 1) LDO site boundary plan Appendix Local 1: (Schedule Development 1) Order: LDO site Bates boundary Site - ADOPTED plan 29 Appendix 1: (Schedule 1) LDO site boundary plan
30 Local Development Order: Bates Site - ADOPTED Appendix 2: Submission Form and Commencement Notice
Appendix 2: Submission Form and Commencement Notice
2.1 The Enquiry Form, Submission Form and Commencement Notice are provided as a separate attachment and are available to view at:
http://northumberland.limehouse.co.uk/portal/planning/ldo/bates
Local Development Order: Bates Site - ADOPTED 31 Appendix 3: Appendix 3 - Other consents
Appendix 3: Appendix 3 - Other consents
3.1 The LDO only relates to planning consent. The following identifies other consents and considerations. It should not be relied upon as an exhaustive list but is intended to be an aid to help consider potential requirements. Developers should satisfy themselves that they have fulfilled / obtained all necessary requirements / consents.
Table 3
Consent Comments Building Required for most works of a structural nature to promote standards for most Regulations aspects of construction, energy efficiency in buildings, the needs of all people, including those with disabilities, in accessing and moving around buildings. Highways Various highway consents may be required and will need to be sought from the Local Highways Authority. Waste The Duty of Care regulations for dealing with waste are applicable for any off-site movements of wastes. The developer as waste producer has a duty of care to ensure all materials removed go to an appropriate licensed disposal site and all relevant documentation is completed and kept in line with regulations.
The CL:AIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste. Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.
Careful consideration needs to be given to the disposal of any dredgings arising. Further guidance is available on the Environment Agency website http://www.environment-agency.gov.uk/business/topics/waste/default.aspx.
EnvironmentalThe development permitted may require an Environmental Permit under the Permit Environmental Permitting Regulations 2010 from the Environment Agency, unless an exemption applies. Environmental Permits help control the activities of some facilities that may harm the environment or human health and are required in addition to planning permission. For example, a Permit may be required for any waste operations or any discharges to ground or surface water, and may regulate issues such as emissions to air, noise, and odour.
Developers are advised to contact the Environment Agency to discuss whether an Environmental Permit would be required and identify whether this will affect the nature of their proposed development (e.g. layout, discharge points, building construction).
Hazardous Relates to the storage or use of specified hazardous substances at or above Substances specified controlled quantities – see Schedule 1 of the Planning (Control of Consent Major-Accident Hazards) Regulations 1999.
32 Local Development Order: Bates Site - ADOPTED Appendix 3: Appendix 3 - Other consents
Marine For works below the mean high water springs mark, a marine license from License the Marine Management Organisation (MMO) will be required before the works can be carried out.
The following link includes information on the marine license process, associated fees and charges and contact details. http://www.marinemanagement.org.uk/licensing/marine.htm
The marine licensing guidance documents can be found at the following link: http://www.marinemanagement.org.uk/licensing/how/guidance.htm
Any works may also require consideration under The Marine Works (Environmental Impact Assessment) Regulations 2007 (as amended) and early consultation with the MMO is advised.
Coal Extraction of coal is not permitted by this LDO and would need to be subject Extraction to a planning application. Works within Under the terms of the Water Resources Act 1991, and the Northumbrian 5m of top of Byelaws, the prior written consent of the Environment Agency is required the bank of for any proposed works or structures, in, under, over or within 5 metres of the River the top of the bank of the River Blyth, designated a ‘main river’. Blyth Wildlife A wildlife license may be required from Natural England. A license can give License a person permission to carry out an activity affecting an animal or plant that would otherwise be illegal – potentially including survey work. AdvertisementDisplaying advertisements for businesses may require additional Consent advertisement consent.
Local Development Order: Bates Site - ADOPTED 33 Appendix 4: LDO Monitoring
Appendix 4: LDO Monitoring
Northumberland County Council has a duty to monitor its activities and to report on those activities to its residents and other interested parties. To this end the authority will report each year on the extent to which LDOs are achieving their purpose.
Various conditions identified in the LDOs will be monitored in accordance with the authority’s standard enforcement practises as would be the case for any normal planning approval. Additional monitoring will specifically measure the performance of the LDOs against the justification for the LDOs, as set out in the respective Statements of Reasons. Where necessary, in response to monitoring, the County Council may make revisions to the LDOs such as revisions to development requirements and conditions.
The following table illustrates the monitoring indicators and key considerations which may trigger review of the LDO:
Table 4
Indicator Action / Review
Timescales for determining To be assessed against target determination / verification development to be in process of 21 days + 28 days. If found to exceed target conformity with LDO the LPA will consider reasons and potentially review the LDO(s) e.g. to provide further guidance on what information is required or further design guidance, or look to improve processes.
No. of developments If the number of developments requiring planning permitted through LDO(s) vs approval exceeds the number being progress under the No. of developments requiring provisions of the LDO(s), the LPA will investigate the a planning application. contributing factors and may look to make revisions to the LDO(s).
No.of proposals within the If most developments come forward requiring EIA the LDO sites determined to need LPA will consider the viability of assembling further EIA. environmental information to determine the impacts of a wider scope of development and potentially extend the EIA / Habitat Regulation work.
Floor space(sqm)/Area of land Floor space created will be considered in context of wider (ha) within LDO sites understanding of employment land demand. The LPA developed by Use Class may consider reviewing elements of the LDO(s).
Net additional businesses by Net additional businesses created on the site and also sector in other locations within Northumberland will be measured to consider economic growth being achieved. If demand emerges for sectors not identified in the LDO(s) the LPA and Arch will consider potential revisions to allow for other sectors within the LDO(s).
34 Local Development Order: Bates Site - ADOPTED Appendix 4: LDO Monitoring
Indicator Action / Review
Approximate net additional Approximate net additional jobs in the LDO sites will jobs in LDO sites measure jobs created once developments are operational.
No. of enforcement actions If enforcement actions are taken for development under due to non-compliance with the provisions of the LDO(s) the LPA will consider the LDO(s) context of the breaches and may consider review and amendment of the LDO(s) e.g. in respect of conditions.
Local Development Order: Bates Site - ADOPTED 35 Contact details
Contact details
Below are the contact details for Northumberland County Council and Arch (The Northumberland Development Company). Further key contacts are detailed in the LDO Guide document.
Northumberland County Council
John Dowsett - Principal Planning Officer County Hall Morpeth NE61 2EF Telephone: 01670 622 639 Email: [email protected]
Arch – The Northumberland Development Company
Graham Adams – Business Development Manager Arch Centre for Enterprise Lintonville Parkway Ashington Northumberland NE63 9JZ Telephone: 01670 528 490 Email: [email protected]
36 Local Development Order: Bates Site - ADOPTED
If you would like this document in a different format, language or font size, please contact: Spatial Policy and Delivery Team Local Services Group Northumberland County Council County Hall Morpeth NE61 2EF Telephone: 0845 600 6400 Email: [email protected] Website: www.northumberland.gov.uk