Development Control and Regulatory Board 16

DEVELOPMENT CONTROL AND REGULATORY BOARD

16 TH NOVEMBER 2006

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

APPLICATIONS UPON WHICH THE COUNTY PLANNING AUTHORITY IS CONSULTED BY THE DISTRICT COUNCIL

SWIP LTD – REDEVELOPMENT OF FORMER COLLIERY SITE TO INCLUDE STORAGE AND DISTRIBUTION USES (CLASS B8), SMALL BUSINESS UNITS (CLASSES B1(C), B2 AND B8), A COUNTRY PARK, LANDSCAPING OPEN SPACE AND THE FORMATION OF A NEW ACCESS - NAILSTONE COLLIERY, WOOD ROAD, NAILSTONE (HINCKLEY AND BOSWORTH DISTRICT)

2006/0980/04 – Received by L.C.C. on 14 th September 2006

SWIP LTD – CHANGE OF USE OF LAND TO COUNTRY PARK, LANDSCAPING, OPEN SPACE, ACCESS AND PARKING IN CONNECTION WITH DEVELOPMENT OF NAILSTONE COLLIERY SITE, WOOD ROAD, NAILSTONE (NORTH WEST LEICESTERSHIRE DISTRICT)

2006/1530/07 – Received by L.C.C. on 26 th October 2006

Background

1. Hinckley and Bosworth Borough Council and North West Leicestershire District Council have consulted the County Planning Authority (CPA) to seek its formal views in the context of strategic planning policies for the area. The Councils have also consulted the County Planning Authority on this proposal, in the context of the established protocol for assessing the need for developer contributions towards service facilities.

2. The application proposes a mixed redevelopment of the former Nailstone Colliery site in order to bring it back into beneficial uses, address ongoing contamination problems, remediate extensive areas of brownfield land, create new employment uses and a country park.

Location of Proposed Development

3. The application site is located off the B585 Wood Road, two kilometres to the north of Nailstone village. The site is bound to the south by the B582 Grange Road, to the north east by Battram village and to the east and west by agricultural land. Coalville is located approximately 5 kilometres to the north. 2 2006/0980/04 & 2006/1530/07 – continued

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4. The application site lies within the administrative areas of Hinckley and Bosworth Borough Council and North West Leicestershire District Council. It also falls within the boundaries of the National Forest. The site comprises approximately 143 hectares of land. All of the land proposed to be brought forward for Class B1, B2 and B8 uses lies within the administrative boundary of Hinckley and Bosworth Borough Council. Part of the proposed country park and associated car parking and access are located within North West Leicestershire District.

5. The land rises from the lowest ground levels on the south western farmland of 139m aOD, through the brownfield area (152m aOD to 158m aOD) to the highest level of 172m aOD at the north eastern spoil banks.

6. Public rights of way (Q83, Q84 and S42) run along the south and west of the application site. Access for the site is gained from the former disused colliery access on the B585 Wood Road.

Description of Proposed Development

7. The application site extends to 143 hectares in total. The former Nailstone Colliery site extends to approximately 55 hectares and lies at the centre of the application site. The application is in outline and proposes the remediation of the site and a mixed-use redevelopment including B1(C), B2 and B8 uses, the creation of a country park, associated public open space and access and parking provision. Whilst submitted in outline format, the application proposes the development of approximately;

• Up to 93,109 sq. m. B8 development; • 1,862 sq.m. small business units B1(C), B2 and B8; • Details of the proposed means of access to the site; and • The creation of a country park and associated extensive areas of open space.

8. The overall design includes the creation of lakes in the areas from which clay capping material would be excavated and the provision of a country park within a woodland setting around a central area of development land. Design, external appearance, siting and landscaping are, however, reserved for subsequent approval. It is claimed that the proposal would create 500 new jobs.

9. Nailstone Colliery site is the largest unrestored remaining former colliery within the North West Leicestershire Coalfield. The central brownfield plateau is made up of disturbed ground and hardstanding with a crescent of large spoil banks and capped lagoons on its north western, northern and north eastern margins. The spoil banks have been partially restored. Around the southern and south western margins of the brownfield area are remnants of Nailstone Wiggs Wood and settlement ponds. The remaining areas of the site comprise farmland (mainly managed as arable land) to the north, east and south of the brownfield area. The eastern area (across Wood Road) is also largely farmland.

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10. A wide ranging public consultation exercise was carried out on the proposals by consultants on behalf of the applicant. Details are set out in an accompanying document entitled ‘Statement on Public Consultation.’ It is claimed in the document that there is a strong level of public support for the proposals.

11. The site can be split into four geographically distinct zones and the proposals have been developed with different aims for the four zones;

• Northern Park Area • Southern Park Area • Eastern Conservation Area • Employment Area

12. The northern land and spoil mounds would make up the largest and most actively used area of the park. To the south, the land around a proposed fishing lake is intended for quieter recreational pursuits. On the land on the opposite side of Wood Road, a nature conservation area with restricted public access and an emphasis on the creation of new wildlife habitats is proposed. The employment area will focus on the brownfield footprint of the former colliery.

13. Under the provisions of the Town and Country (Assessment of Environmental Effects) Regulations 1988 as amended by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, the applications are accompanied by an Environmental Statement.

14. The Environmental Statement is based upon an indicative master plan (option one). This master plan represents one of three layouts submitted as part of the application. The environmental assessment process identifies the impacts and mitigation associated with option one. Where the impacts and mitigation vary for options two and three, these are identified. A separate Non-Technical Summary is also provided.

15. The Statement presents the findings of the Environmental Assessment into the proposed redevelopment of the application site. The Environmental Statement is supplemented by technical reports which form the appendices as follows:

• Planning Supporting Statement; • Design and Access Statement; • Transportation Assessment; • Ecological Assessment; • Landscape Assessment; • Noise and Vibration Assessment; • Air Quality Assessment; • Hydrology, Hydrogeology and Drainage Assessment; • Outline Remediation Strategy; • Employment Land Study; and • Archaeological and Cultural Heritage Assessment.

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16. The Planning Supporting Statement describes the site and surrounding area and provides a description of the proposed development. The relevant planning policy and the planning merits of the proposal are also outlined.

17. The Design and Access Statement supports the information incorporated within the planning application package in order to provide detail about the scale and nature of development. Three masterplan options have been submitted to demonstrate how appropriate proposals can be brought forward on the site. The three masterplan options show the same proposals for the country park area but alternative proposals of how the central area of the site could be developed within the brownfield footprint for employment uses. The Environmental Assessment has been based on option one. Options two and three have also been fully tested. Where the impacts of these options differ from option one, this has been identified and any necessary mitigation is proposed.

18. A detailed Transportation Assessment has been submitted as part of the Environmental Assessment. The assessment concludes that the proposed development is acceptable in highway terms and is well located to take full advantage of local transportation infrastructure and to create a development that is readily accessible by a choice of means of transport. The following measures have been proposed;

• Revised junction arrangements at the Ellistown Terrace Road/B585 Victoria Road/ B585 Station Road and B585 Wood Road/B585 Station Road. It is proposed that this could involve the introduction of traffic signals at these junctions; and • A package of mitigation measures has also been identified to enhance access for pedestrians, cyclists and public transport and to encourage travel by non-car modes.

The table below shows the associated traffic generation for the development.

Land Use Gross Floor AM Peak (07.00-09.00) PM Peak (16.00-18.00) area (sq.m) Arrive Depart Arrive Depart

B1(c) 1 860 27 7 4 20 B8 93 000 171 101 200 193 Total 94 860 199 108 204 213

HGV proportions of all traffic movements are illustrated in the table below.

Land Use AM Peak (07.00-09.00) PM Peak (16.00-18.00) Arrive Depart Arrive Depart B1(c) 5.56% 5.56% 5.56% 5.56% B8 31.80% 50.48% 48.42% 36.13%

19. The merits of this information will be assessed by the Highways Authority through their own formal consultation with the Borough and District Council. At the time of writing this report the Highway Authority is awaiting further traffic flow data and has not yet come to a formal view on the proposal.

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20. In terms of protected species and other species of conservation value, an Ecological Assessment of the site found the presence of great crested newts, a main badger sett, little ringed plovers and hares. Other protected species including roosting bats and common reptile species may occur, although none were located. Suitable habitat exists for water voles and dormice although no evidence of their presence was found. The ecological survey incorporates a detailed review of existing conditions, the ecological significance of the proposed development, mitigation measures and residual impacts.

21. The Landscape and Visual Impact report assesses the site within the setting of the wider area. It should be noted, that in terms of the outline planning application, landscaping is being reserved for subsequent approval. The report concludes that Nailstone Colliery is a visually prominent site, principally due to the high spoil mounds around the northern perimeter of the colliery area, which serve to draw the eye to the site. There are a number of sensitive viewpoints, including dwellings and recreational footpaths, in close proximity to the site resulting in the site having a substantial visual impact.

22. The report concludes that the future landscape impact of the site would be considerably improved by the proposed developments. It will include the re- introduction of characteristic landscape features and protection and management of the existing features that remain. It states that the construction of new buildings would not be characteristic in this landscape but their impact could be reduced by the incorporation of woodland belts within the industrial area. The remediation of the colliery spoil area would remove the most visually intrusive element of the site and the creation of the country park would add visual diversity. In the longer term it is claimed that the increased woodland would reduce the visual dominance of the spoil mounds.

23. A Noise and Vibration Assessment was undertaken in line with national guidance and British Standards. The assessment addresses noise and vibration during the construction and the operational phase (relating to the remediation/earthworks phase and the impact of traffic). The report concludes that remediation works, earthworks and construction works have the potential to cause a noise impact at sensitive receptors surrounding the site. These operations may create a short term increase in noise levels. Potential noise from the operational phase could include vehicle movements, ventilation equipment, reversing alarms and plant usage. A number of mitigation measures are proposed.

24. The Air Quality Assessment concludes that there are likely to be impacts on air quality during both the construction and operational phases of the proposed development. Works during the construction and site clearance phase have the potential to create dust and particulate matter. To minimise the potential dust impacts, appropriate measures have been recommended. It is also recommended that these mitigation measures be implemented through a dust action plan. During the operational phase of the development the report considers that traffic generated by the development would have an effect on pollution levels, both in and around the proposed development. The report concludes that air quality standard objectives will not be exceeded in 2006, 2011

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and 2026 and the overall impact of the proposed development would be negligible. It was not considered therefore, necessary to recommend further detailed air quality assessment works or mitigation measures for the site.

25. The Hydrology, Hydrogeology and Drainage Assessment notes that there are four minor watercourses within the site and that drainage off-site is via a number of settlement lagoons to watercourses to the south. Drainage is subject to discharge consent with limits specified for visible oils/grease, suspended solids and iron. Surface water analysis has identified occasional elevated concentrations of aluminium, suspended solids, lead, chromium, copper, nickel and zinc.

26. The pathway by which the contaminants may pass from the made ground into the perched groundwater and subsequently into the adjacent surface water is via leaching. Following redevelopment the report states, that the majority of the area will be covered with hardstanding with surface water collection networks linked to a surface water discharge point. As a result, the volume of water infiltrating through the contaminated made ground deposits will be greatly reduced, thus reducing the potential for any leaching.

27. It is claimed that there is an ongoing problem with the migration of contaminants away from the spoil tips into surface water. The pollution pathway is via the erosion of colliery spoil materials and its transport overland to surface water rather than via leaching and contamination of groundwater. The placement of a soil cap and a suitable vegetation mix would prevent the erosion of the spoil materials and thus break the link between the spoil and surface water.

28. The report confirms that liaison will take place between the Environment Agency, local authority and water company in designing and implementing an appropriate drainage system for the development. A detailed assessment of the impacts on the existing drainage system will be undertaken as part of the detailed design of the drainage system for the development. A Flood Risk Assessment confirmed that the site is not at risk from the 1 in 100 year flood and is therefore sustainable in terms of flood risk.

29. The objective of the Remediation Strategy is to ensure the safe development of the site for commercial, leisure and open space uses and to mitigate the identified unacceptable risks to human health and to the surrounding environment. The Strategy is based on a risk based assessment of the site and would control the unacceptable risks by modifying or controlling identified pollutant linkages. The scheme would use on site materials to minimise the import and export of materials in accordance with the current waste management regulatory regime. This would involve the removal to landfill of those materials identified as being unsuitable for engineering works.

30. The report concludes that contamination levels in the spoil are such that there is little risk to human health within the context of a commercial/industrial development, as the barrier is provided by buildings and hardstanding. The residual risk to human health from contact with spoil materials over those areas of the site designated for open space uses could be addressed by the placement

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of suitable cover soil over the spoil. There is little identified risk to groundwater from the proposals as the remediation measures will serve to reduce the potential for infiltration through the spoil materials.

31. The Employment Land Review considers the supply and demand for employment land in Hinckley and Bosworth and North West Leicestershire and the role that the former Nailstone Colliery site could play in ensuring that an appropriate long- term supply is maintained. The report concludes that; given the fact that the site has a relatively flat area, which is largely screened by way of existing topographical features its local impact will be minimised; the fact that road access to the site is an established trunking route and the fact that it lies close to established centres the site presents an excellent opportunity to satisfy market demand for distribution use.

32. An Archaeological and Cultural Heritage Assessment concludes that there are no significant material assets on the site that could be affected by the proposals. The site is vacant and has no buildings. An appraisal has also revealed that there are no Scheduled Ancient Monuments, Conservation Areas or non- statutory HER entries within the site. There is one Grade II listed building approximately 400m to the north of the boundary (Pickering Grange Farm). The HER does record the presence of ridge and furrow within the fields in the northern and southern parts of the site although no date is suggested for the earthworks. These areas are not proposed to be brought forward for development. On this basis it was concluded that there are no significant material assets on site that would be affected by the proposals. A scheme of archaeological monitoring, which would entail a watching brief with archaeological mitigation if remains were uncovered, should be agreed with the Leicestershire County Council Archaeological Officer in advance of the development.

Planning Policy

33. National Planning Policy Guidance relevant to the application is set out in Planning Policy Statement 1 (PPS1) Delivering Sustainable Development, Planning Policy Statement 7 (PPS7) Sustainable Development in Rural Areas, Planning Policy Guidance Note 4 (PPG4) Industrial and Commercial Development and Small Firms and Planning Policy Guidance Note 13 (PPG13) Transport. The Development Plan in this instance is made up of the Regional Spatial Strategy for the East Midlands (RSS8), the Leicestershire, Leicester and Rutland Structure Plan (2005), the Borough of Hinckley and Bosworth Local Plan (2001) and the District of North West Leicestershire Local Plan (2002). The National Forest Strategy 2004-2014 is also of relevance.

34. Emerging policy relevant to this application is set out in the Leicestershire and Leicester Waste Development Framework, Hinckley and Bosworth Local Development Framework and North West Leicestershire Local Development Framework.

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35. The Nailstone Colliery site is allocated as a ‘Local Landscape Improvement Area’ on the proposals map (Policy NE10) of the adopted Hinckley and Bosworth Local Plan, which means that it has been identified as an area of poorer landscape quality in the Borough where there is scope for landscape improvement. Policy REC12 allocates the site for recreational activities, forest planting (the site falls within the boundaries of the National Forest, thus the National Forest planting standards shall take precedence), and landscaping including informal pursuits subject to environmental and highway considerations. The policy states that other forms of development will be resisted.

36. In North West Leicestershire Local Plan the site is identified as a ‘Countryside Priority Area’ on the proposals map, an area where special landscape improvements are required. Policy E32 states that landscape improvements will include the reclamation of derelict land, improvements to rights of way and access to land, creation and enhancement of natural habitats, countryside management projects and protection of archaeological features.

37. The relevant policies in these documents are set out in Appendix A attached to this report.

Assessment of Proposal

38. The applications propose a mixed redevelopment of the former Nailstone Colliery site in order to bring it back into beneficial uses, address ongoing contamination problems, remediate extensive areas of brownfield land, create new employment uses and a country park.

39. The application should be determined in accordance with the policies of the development plan, unless there are specific reasons for overriding those policies. The fundamental issues in this case that need to be considered relate to the potential regeneration implications of the proposal by means of creating business and storage uses and a country park.

Regeneration Implications

40. The application proposes a comprehensive clean-up of the former colliery site prior to redevelopment of the site and surrounding land for business and storage uses and a country park.

41. Nailstone Colliery is the largest unrestored remaining former colliery within the North West Leicestershire Coalfield. The site with its spoil banks, lagoons and disturbed ground are a visual eyesore. The site also has on-going problems with contamination of surface water. Any appropriate proposal to remediate this extensive area of brownfield land and bring an end to the uncertainty that has been hanging over this site for many years, would indeed bring clear benefits to both the environment and local community. In this case however, there is a need to assess whether the principle of allowing the proposed development of business and storage use as an enabling development in this location, is acceptable in planning policy terms.

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Country Park

42. The application proposes the creation of a country park with forest, grassland, wetland and recreational areas (nature trails, foot and cycle paths). Nature conservation areas, access and car parking provision are also proposed.

43. The proposed site is allocated as a ‘Local Landscape Improvement Area’ in Hinckley and Bosworth’s adopted Local Plan. Thus the proposal for the creation of a country park in this location would accord with Policy NE10 which aims to improve the quality of the landscape by providing a focus for environmental improvement measures such as landscaping, tree planting and screening. As the site falls within the National Forest, the National Forest tree planting standards would be applied. The country park proposal also accords with policy REC12 which allocates the site for recreational activities, forest planting and landscaping including fishing and informal pursuits.

44. The proposal also accords with Policy E32 of North West Leicestershire adopted Local Plan which identifies the site as ‘Countryside Priority Area’, an area where special landscape improvements are required including the reclamation of derelict land, improvements to rights of way and access to land, creation and enhancement of natural habitats and countryside management projects.

45. Strategy Policy 13 of the County Structure Plan provides specific guidance for development in the National Forest and states that development will be acceptable which meets the objectives of the National Forest Strategy. The creation of a country park with recreational provision and providing for habitat creation clearly accords with this policy.

46. The creation of a country park that is consistent with National Forest aims will be clearly of benefit to the local and wider community. In the Report on Public Consultation submitted as part of the application, the applicant states, that in order to facilitate the remediation of the site and create a country park, the development of 25 hectares of the site for business and storage uses is required. Given the financial costs involved in physically regenerating the site, it is indeed doubtful whether a country park could be created without some form of ‘enabling’ development to take place. In this case, it is the proposed business and storage use, which will have to be considered in order to assess whether it is justified as an ‘enabling’ development in planning policy terms.

Business and Storage Use

47. PPG13 Transport provides guidance to which local authorities should have regard to promote sustainable patterns of development. Thus maximum use should be made of the most accessible sites, such as those in town centres and others which are, or will be, close to major transport interchanges and allocate sites which are (or will be) highly accessible by public transport for travel intensive uses. In terms of the site location, it is not well related to urban areas by foot or public transport and it is anticipated that the majority of the movement to and from the site will be substantially dominated by car.

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48. Strategy Policy 2A of the Structure Plan sets out the sequential test for development:

a) Previously developed land and buildings within or adjoining town centres of the main towns; b) Previously developed land and buildings elsewhere within the towns; c) Other land within the towns; d) Land adjoining the main towns, particularly where this involves the use of previously developed land; e) Land within or adjoining Rural Centres or other settlements, which are or will be well served by public transport, particularly where this involves the use of previously developed land.

49. Due to the location of the site outside of the nearby settlements and its poor connections by public transport it is considered that the application site fails to comply with the sequential approach of PPG13 and Strategy Policy 2A of the Structure Plan.

50. Furthermore, the site is classified as open countryside in the County Structure Plan. Strategy Policy 8 states that the countryside will be protected for its own sake. Redevelopment will only be acceptable if the general appearance and character of the landscape and the countryside is safeguarded or enhanced. Development will be limited to the following;

a) small scale development for employment or leisure; b) dwellings for agricultural or forestry needs; c) affordable housing for local needs adjoining villages; d) land-extensive outdoor recreation uses that do not include substantial built development; e) agricultural or forestry buildings; and

In addition the following uses may be accommodated if they cannot be satisfactorily located within the existing and planned limits to the built up areas of settlements;

f) telecommunications installations; g) energy installations; h) minerals extraction and waste management development; and i) transport infrastructure.

51. Employment Policy 6 of the County Structure Plan provides specific guidance on land for storage and distribution uses and states that such sites shall have good access to the principal road network and any potential for development to be served by rail or water freight to meet current needs and those which may arise in the future is maximised. The site served by B roads, designated as lorry routes, is close to the principal road network but is not directly adjacent to it, furthermore rail or water freight is not an option at this site, and thus the proposal is contrary to this policy.

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52. Employment Policy 2 of the County Structure Plan states that 122 hectares of employment land is required in Hinckley and Bosworth Borough between 1996- 2016. The site is not identified for employment use in the adopted Local Plan for Hinckley and Bosworth. The latest land availability figures suggest that there is more than sufficient land likely to come forward to meet strategic employment needs up to 2016 (starts and completions to 2016 in the Borough total 65 hectares, planning permissions 30 hectares and unimplemented allocations in the local plan total 13 hectares). The Borough still need to make allocations in their Local Development Framework, including a strategic site of 20 hectares in order to meet the remainder of the Structure Plan requirement. Again a sequential approach to the selection of land will be required and will be decided through the Employment Land Development Framework document.

53. In its Preferred Options Report on the Local Development Framework the Borough have provided specific guidance on the development of the site;

To carefully manage the regeneration of the former Nailstone Colliery site. To consider appropriate uses related to its strategic location within the National Forest including suitable woodland based employment, tourism, recreation, leisure or renewable energy, including the creation of woodland to reflect the context of the National Forest.

54. The County Council’s Preferred Options of the Waste Development Framework identifies Nailstone Colliery as one of 18 sites, which have been put forward as preferred allocations for waste management facilities. Consultation took place on the preferred allocations between 25 th August and 6 th October 2006. Potential uses for the Nailstone Colliery site include the following;

• Recycling facility • Composting (municipal waste) • Waste recovery facility • Landfill for non-inert waste

A proposed reclamation scheme must accompany any proposal with an after-use that benefits the local community and biodiversity.

55. Clearly, the use proposed by the County Council conflicts with the use proposed by Hinckley and Bosworth Borough in their Local Development Framework. This divergence has emerged at the early stages of Framework production and discussions at officer level have already commenced in order to address this issue, which will clearly need to be resolved as the Frameworks progress towards adoption. In the meantime, this major development should be considered as premature, as it would prejudice the proper resolution of these issues through the framework process.

Conclusion

56. The Nailstone Colliery site is an extensive area of brownfield land, which has been subject to uncertainty over its future since its closure in the early 1990s. Any proposal to remediate this site could indeed bring clear benefits to both the environment and local community. The site, in the National Forest, would be

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ideally located for a country park with recreational activities and extensive tree planting. However, the County Council accepts, that due to the financial implications of bringing about the remediation of the site and creation of a country park, some form of ‘enabling’ development would be necessary. In this instance, business and storage use has been proposed as a facilitating development. In terms of planning policy, on balance, it is considered that the use of this site for business and storage use is unacceptable for the following reasons;

• Firstly, it is considered that the site has a low priority in the sequential approach to development as set out in Strategy Policy 2A of the County Structure Plan.

• Secondly, the proposed use is not in accordance with Employment Policy 6 of the County Structure Plan which aims to direct business and storage uses in locations with good access to the Principal Road Network and have the potential to be served by rail or water freight.

• Thirdly, there is no apparent shortage of employment land in Hinckley and Bosworth Borough Council. It is the County Council’s view that the location of the outstanding requirement for future employment land, including the location of strategic employment sites, should be properly determined through the Local Development Frameworks.

• Fourthly, the site is in essence in the open countryside, as such the proposed use is contrary to Strategy Policy 8 of the County Structure Plan which states that the countryside should be protected for its own sake. Business and storage is not one of the uses considered acceptable in the open countryside.

• Finally, the best way to determine the future use of the former Nailstone Colliery site is through the development plan frameworks and it is clear that the District Councils and the County Council will need to engage further with each other in respect of their emerging development plan frameworks in order to resolve the competing intentions for the site.

Recommendation

The Board be recommended to forward the following as the views of the County Planning Authority:

Hinckley and Bosworth Borough Council and North West Leicestershire Council be advised that:

It is considered that the remediation of this brownfield site and creation of a country park would result in environmental and community benefits. However, whilst It is acknowledged, that some form of facilitating development would be necessary in order to enable these benefits to materialise, the County Planning Authority objects to the facilitating development proposed in the form of business and storage use for the following reasons;

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The proposal for storage and distribution uses in this location conflicts with Strategy Policy 2A of the County Structure Plan which allows for a sequential approach to the selection of land for development. The application site has a low priority in sequential terms.

The proposal also conflicts with Strategy Policy 8 of the County Structure Plan, which states that the countryside will be protected for its own sake. Development is limited to certain uses, which does not include business and storage use.

The proposal conflicts with Employment Policy 6 of the County Structure Plan which states that proposals for storage and business use should be located on sites with good access to the Principal Road Network and should have the potential to be served by rail or water freight to meet current needs or those which may arise in the future.

Finally, the best way to determine the future use of the former Nailstone Colliery site is through the development plan frameworks and it is clear that the District Councils and the County Council will need to engage further with each other in respect of their emerging development plan frameworks, in order to resolve the competing intentions for the site.

Circulation Under Sensitive Issues Procedures

Mr. I.D. Ould, CC Mr. D. A. Sprason, CC Mr. P. A. Hyde, CC

Officer to Contact

Mrs. H. Patton (Tel: 0116 265 7054) E-Mail: [email protected]

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National Policy Guidance

1. Planning Policy Statement 1 (PPS 1) (Delivering Sustainable Development) deals with the Government’s overall objectives for the planning system through a plan- led system, and retains the primacy of the development plan (Section 38(6) of the Planning and Compulsory Purchase Act 2004). It sets out the Government's overarching planning policies on the delivery of sustainable development and creating sustainable urban and rural communities while achieving other objectives such as protecting and enhancing the natural environment and the quality and character of the countryside and existing communities; and ensuring that new development is located where everyone can access services or facilities on foot, bicycle or public transport rather than having to rely on access by car.

2. Planning Policy Statement 7 (PPS 7) (Sustainable Development in Rural Areas) states that development in the open countryside away from existing settlements, or outside areas allocated for development in development plans, should be strictly controlled; the Government’s overall aim is to protect the countryside. Priority should be given to the re-use of previously developed (brownfield sites) in preference to the development of greenfield sites, except where there are no brownfield sites available, or these sites perform so poorly in terms of sustainability considerations (for example in their remoteness from settlements and services) in comparison with greenfield sites.

3. Planning Policy Guidance Note 4 (Industrial and Commercial Development and Small Firms) emphasises the need to accommodate the locational demands of business uses. Economic development should be encouraged especially in locations that minimise the length and number of trips by motor vehicles. Employment and residential areas should be well related to each other.

4. Planning Policy Guidance Note 13 (Transport) sets out the Government’s intentions to secure an integrated land use-transportation policy that reduces the growth in use of the private car and encourages alternative means of transport.

5. Local authorities should seek to make maximum use of the most accessible sites, such as those in town centres and others which are, or will be, close to major transport interchanges and allocate or reallocate sites which are (or will be) highly accessible by public transport for travel intensive uses (including offices, retail, commercial leisure, hospitals and conference facilities).

Regional Planning Guidance

6. Regional Spatial Strategy for the East Midlands (RSS8) was agreed in March 2005 and sets out the regional guidance for development in the East Midlands and applies the general principles for sustainable development as set out in national guidance. Most new development should be directed to locations in the following priority order ( Policy 2 );

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(a) previously developed sites and buildings within urban areas that are or will be well served by public transport; (b) other suitable locations within urban areas not identified as land to be protected for amenity purposes; (c) suitable sites in locations adjoining urban areas, which are or will be well served by public transport, particularly where this involves the use of previously developed land; and (d) suitable sites in locations outside of (that is not adjoining) urban areas, which are or will be well served by public transport, particularly where this involves the use of previously developed land.

Strategic Policy Considerations

7. The adopted Leicestershire, Leicester and Rutland Structure Plan (1996-2016) sets out the general pattern and policies for development. The Plan seeks to promote a sustainable form of development by integrating social, environmental, economic and resource objectives, including patterns of development that (inter alia) protect and enhance the natural environment, and minimise the need to travel.

8. Strategy Policy 2A - Land for development will be allocated in development plans in the following priority order:

(a) previously developed land and buildings within or adjoining the central area of Leicester and the town centres of the Main Towns (Ashby, Coalville, Hinckley/Earl Shilton, Loughborough, Lutterworth, Market Harborough, Melton Mowbray, Shepshed, Oakham and Uppingham); (b) previously developed land and buildings elsewhere within the Leicester and Leicestershire Urban Area and the Main Towns; (c) other land within the Leicester and Leicestershire Urban Area and the Main Towns; (d) land adjoining the Leicester and Leicestershire Urban Area and the Main Towns, particularly where this involves the use of previously developed land; (e) land within or adjoining Rural Centres, or other settlements which are or will be well served by public transport, particularly where this involves the use of previously developed land; and (f) in other locations, subject where relevant to the considerations in Strategy Policies 5, 6 or 8.

9. Strategy Policy 2B specifies criteria that should be taken into account in the context of Strategy Policy 2A with an emphasis on those locations well served by alternative forms of transport.

10. Strategy Policy 4 sets out the intentions for integrated and sustainable travel and transport provision in order to minimise the need to travel and maximise people’s accessibility to facilities, services, opportunities and resources.

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11. Strategy Policy 8 states that the countryside will be protected for its own sake. Redevelopment will only be acceptable if the general appearance and character of the landscape and the countryside is safeguarded or enhanced. Built development should be well integrated in relation to existing development and designed sympathetically to fit into the local surroundings. Existing buildings should be re-used where appropriate. Development will be limited to the following;

(a) small scale development for employment or leisure; (b) dwellings for agricultural or forestry needs; (c) affordable housing for local needs adjoining villages; (d) land-extensive outdoor recreation uses that do not include substantial built development; (e) agricultural or forestry buildings; and

In addition the following uses may be accommodated if they cannot be satisfactorily located within the existing and planned limits to the built up areas of settlements;

(f) telecommunications installations; (g) energy installations; (h) minerals extraction and waste management development; and (i) transport infrastructure.

12. Strategy Policy 10 promotes good design through the efficient use of land in a manner, which satisfactorily acknowledges environmental and amenity interests.

13. Strategy Policy 11 states that developers should meet the requirements for, and costs of, relevant infrastructure and facilities and other resources required to support the development. A comprehensive assessment of these requirements will be made.

14. Strategy Policy 13 provides specific guidance for development in the National Forest and states that development will be acceptable which meets the objectives of the National Forest Strategy in;

(a) providing access opportunities through the provision of footpaths, bridleways and cycleways; (b) providing for appropriate sporting activities within a wooded setting, including golf, fishing and water sports; (c) providing for leisure facilities that can only be established in a planned landscape; (d) providing landscaped sites to create a mature woodland setting for long- term forest-related leisure development; and (e) Promoting natural diversity and enhancing the wider ecological value of the environment by providing for habitat creation and nature conservation.

15. Accessibility and Transport Policy 1 promotes the use of modes of transport that are alternatives to the private car for access to and from new development. Mitigation measures which address the impacts of new development on the

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highway network will need to be undertaken by the developer, such as appropriate road improvements and the formation and implementation of travel plans.

16. Accessibility and Transport Policy 6 provides specific guidance on developments which involve the transportation of freight and states that;

The potential of rail or waterway connections will be fully explored for any development which generates significant freight movements. If rail or waterway movements are not possible, provision for this development should be made in locations where access to the principal road network is via roads suitable to take the predicted heavy goods vehicle traffic.

17. Employment Policy 1 : Quantity of employment land for new development provides guidance on the quantity of employment land required between 1996 and 2016.

Area Central Rest of Area Total (ha) Leicestershire Hinckley & 19 103 122 Bosworth NW Leicestershire 0 326 326 Total 19 429 448

18. Employment Policy 2: Strategic Employment Sites states that in meeting land provisions in Employment Policy 1, provision will be made in local plans for Strategic Employment Sites for B1, B2 and B8 uses as appropriate. In Hinckley and Bosworth District such sites will be close to Hinckley, no such site is identified for North West Leicestershire. Development of the sites will be phased as follows;

Local Plan 1996-2011 2011-2016 Area Hectares Central Leics Rest of Plan Central Leics Rest of Plan Area Area Hinckley & - 25 - 20 Bosworth Total Plan - 25 - 20 Area

Strategic Employment Sites should be;

(a) in locations within or adjoining the urban areas with good access to the road network; (b) in locations which are capable of being made accessible by walking, cycling and public transport; and (c) of a good standard of design, layout and landscaping.

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19. Employment Policy 6 : Storage and Distribution provides specific guidance on land for storage and distribution purposes;

The use of employment land for storage and distribution purposes (Use Class B8) will be permitted on sites with good access to the Principal Road Network and provided that;

(a) development would not cause unacceptable environmental consequences; and (b) any potential for development to be served by rail or water freight to meet current needs and those, which may emerge in the future, is maximised.

20. Leisure Policy 2 states that provision should be made for leisure and tourism development that supports the heritage of Leicestershire, Leicester and Rutland. Such development may supplement existing attractions and be instrumental in drawing more visitors to the local area.

21. Leisure Policy 4 Public Rights of Way and Access to the Countryside states that where development affects a public right of way, the development must ensure the existing or diverted route is both convenient and safe in order to encourage its future use.

The National Forest Strategy 2004-2014

22. The National Forest Strategy, the 10 year plan for the National Forest, states that planning policies should ensure that new development respects its setting in the Forest and that its nature, scale and location does not detract from the environment that the Forest is creating. In keeping with sustainable development and to carry forward the Forest vision, proposed development should contribute towards economic, social and environmental objectives. The Strategy also states that the Forest offers unprecedented opportunities for forest- related development and rural diversification. The main types of forest-related development are likely to be;

• Sport and recreation facilities; • Tourism developments; • Visitor car parks- linked to new attractions and park and ride facilities; • New wood-based rural enterprises (manufacturing timber products such as fencing, garden products and rustic furniture); • Woodland crafts and charcoal production; and • Timber processing.

Local Plan considerations

Hinckley and Bosworth Local Plan

23. The Hinckley and Bosworth Local Plan was adopted in 2001 and sets out specific proposals for the development of land within the Borough up to 2006. The Plan comprises seven strategic objectives, which include providing opportunities for

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investment in the Borough and promoting economic growth through sustainable development that seeks to reduce transport movements. Additionally, the objectives seek to facilitate the establishment and promotion of the National Forest.

24. Policy EMP3 – Land for Employment Development proposes sites for employment development within or adjacent to urban areas as required by the County Structure Plan.

25. Policy EMP4 states that that small-scale employment development on sites other than those allocated in the Local plan (Policy EMP3), will be granted within settlement boundaries and in rural areas which meet demonstrable local employment needs, unless the proposed development would be of detriment to the environment and amenity.

26. Natural Environment Policy 5 states the countryside will be protected for its own sake, however, it accepts that some forms of development may be appropriate in a countryside location in order to sustain a healthy rural economy. For example, developments that can be shown to be for the operational requirements of agriculture, horticulture, forestry, recreation, public utilities or tourism. New buildings should not have an adverse impact on the landscape, wherever possible be located close to existing buildings or landscape features. Where a new building will be visually prominent in the landscape, screening will be required.

27. Nailstone Colliery is allocated as a ‘Local Landscape Improvement Area’ on the adopted proposals map, which means that it has been identified as an area of poorer landscape quality in the Borough where there is scope for landscape improvement. The designation should help to improve the quality of the landscape by providing a focus for environmental improvement measures such as landscaping, tree planting and screening. Where part of a local landscape area falls within the boundary of the National Forest, the National Forest planting standards shall take precedence. Policy NE10 states that development permitted within these areas should include comprehensive landscaping proposals.

28. Natural Environment Policy 21 provides specific guidance on development within the National Forest. Development in the National Forest will only be permitted if it is of a high quality. The design and materials of construction of buildings and the layout and planting of open spaces between them should reflect the local architecture and setting of the proposal in the forest. Particular emphasis should be placed on integrating open spaces with footpaths and other routes through the forest.

29. Policy REC12 – Nailstone Colliery allocates the site for recreational activities, forest planting and landscaping including fishing and informal pursuits subject to environmental and highway considerations. The policy states that other forms of development will be resisted.

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North West Leicestershire Local Plan

30. The North West Leicestershire Local Plan was adopted with effect from August 2002 and provides the local framework for development up to 2006, in accordance with the previously adopted Leicestershire Structure Plan.

31. In line with the County Structure Plan, very limited new development is expected in the countryside (i.e. land beyond the existing and planned development limits of settlement) . Policy S3 provides specific guidance on development within the countryside; development essential for forestry and agriculture, acceptable farm diversification, public service or utility which for operational reasons cannot be accommodated within the defined limits, recreation, community facility or tourism related, is for Forest-related purposes within the National Forest, appropriate re- use or adaptation or conversion of rural buildings.

32. The site is identified as a ‘Countryside Priority Area’ on the proposals map, an area where special landscape improvements are required. Policy E32 states that landscape improvements in these areas will include the reclamation of derelict land, improvements to rights of way and access to land, creation and enhancement of natural habitats, countryside management projects and protection of archaeological features.

33. Policy F1 sets out the District Council’s approach towards development in the National Forest and sates that;

(a) new development in the National Forest should reflect the importance of its forest context by making appropriate provision for landscaping and tree planting; (b) built development should demonstrate a high quality of site layout, building design and choice of materials in order to reflect local architecture and its Forest setting; and (c) open spaces within the development should integrate with footpaths and other routes through the Forest.

34. Policy F5 states that Forest-related development (e.g. car parking, interpretation facilities, tourism, recreation, sport and leisure facilities, farm diversification, forest businesses) will be permitted where there is a clear functional relationship between the Forest and the proposed development; the siting and scale are appropriate to its forest setting and that any major development is sited in or in close association with an area of significant afforestation.

Emerging Planning Policy

Hinckley and Bosworth Local Development Framework (LDF)

35. The Local Development Scheme, which outlines the Borough Council’s timetable and programme management details for the preparation of the LDF, was adopted in April 2005. Consultation on the Council’s Core Strategy Preferred Options took place between 3 rd July and 14 th August 2006. The Core Strategy establishes four spatial objectives; sustainable development; strong and diverse economy; strong safe accessible and healthy communities; quality of environment and resource management.

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36. The Preferred Options Report identifies Nailstone Colliery as an area of landscape in need of physical regeneration. It states that the site is semi-derelict in need of planned regeneration for potential recreational and employment uses possibly linked to the National Forest. The document notes that the site has been included within the Waste LDF . Draft policy LCP5.1 provides specific guidance on the proposed development of the site;

Two options are proposed;

• Option one – status quo and reactionary based on responding to planning applications.

• Option two – to take proactive action by working in partnership with interested parties to develop financially viable regeneration and action plans for this site.

Option two is the preferred option.

37. In line with County Structure Plan requirements 122 hectares of employment land are proposed for the Borough between 1996 – 2016. This will include 2 strategic sites of 25 hectares up to 2016 and 20 hectares up to 2026. Projected growth of a total of 180 hectares are required up to 2026 based on CSP allocation of 6 hectares per year.

38. Based on Government guidance and the Regional Spatial Strategy the document proposes to adopt a sequential approach to the selection of land for development as follows;

• Previously developed land in Hinckley urban area; • Urban extensions in Hinckley urban area; and • Some limited development to Key centres and National Forest villages, which are or will be well served by public transport, particularly where this involves the use of previously developed land and/or the ability to contribute to locally identified needs and regeneration opportunities.

Detailed level of land allocation and specific sites shall be provided in the Employment Development Plan Document.

39. It should be noted, that, following Government advice, the Council is required to reconsider the Preferred Options and a re-consultation exercise will take place in spring of next year.

North West Leicestershire Local Development Framework

40. North West Leicestershire District Council is at an early stage in the production of its LDF. Consultation took place on its Core Strategy and Development Control

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Policies Issues and Options in November of last year. As in the case of Hinckley and Bosworth’s LDF outlined above, following Government advice, further consultation is required on the Issue and Options which will take place in December. It is anticipated that consultation on the Preferred Options will take place in the New Year.

Waste Development Framework

41. The County Council and Leicester City Council are currently preparing its Leicestershire and Leicester Waste Development Framework. The Preferred Options of the WDF identifies Nailstone Colliery as one of 18 sites, which have been put forward as preferred allocations for waste management facilities. Consultation took place on the preferred allocations between 25 th August and 6 th October 29006. Potential uses for the site include;

• recycling facilities • composting (municipal waste) • waste recovery facility • landfill for non-inert waste ______

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DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all the following applications.

EQUAL OPPORTUNITIES IMPLICATIONS

Unless otherwise stated in the report there are no discernible equal opportunities implications.

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Children and Young People’s Service and the Director of Resources will be informed as follows:

Note to Applicant Department

Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970, the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984 and to the Disability Discrimination Act 1995.

You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.

BACKGROUND PAPERS

Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.

SECTION 38(6) OF PLANNING AND COMPLUSORY PURCHASE ACT 2004

Members are reminded that Section 38(6) of the 2004 Act requires that:

“If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.”

Any relevant provisions of the development plan (i.e. the Regional Spatial Strategy, Structure Plan or any approved Local Plans) are identified in the individual reports.

The circumstances in which the Board is required to “have regard” to the development plan are given in the Town and Country Planning Act 1990:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices ; Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.

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