3. Knuzden & Whitebirk 11.17.0340 , Item

Application Number: 11/17/0340

Full Application: Major Full: application for 1no hotel and 1no conference/banqueting facility with associated parking, service year and internal access and landscaping.

Address: Land north of Blackburn Road, south of Whitebirk Drive, west of the M65 (near junction 6) and east of Abbott Clough Knuzden.

Determination by: 28th March 2018 (agreed extension of time)

Applicant: Eurogarages

Agent: Emily Robinson, PWA Planning

The application is brought to Planning Committee at the request of the Chief Planning and Transportation Officer.

Application Site

The Whitebirk Employment Site (Frontier Park) occupies 34.5ha of former farmland immediately west of the M65 motorway between Whitebirk Roundabout, Blackburn Road and Knuzden Brook. The employment site is currently being development for employment uses and the spine road is currently being constructed and land regrading operations are taking place. The site is bounded to the east and north by the M65 and the roundabout at Whitebirk whilst to the south the site is bounded by Blackburn Road and the residential area of Knuzden. The public house “Old Mother Redcap” is immediately adjacent to the site on the north side of Blackburn Road. There is a listed building which lies within the boundary of Blackburn with Darwen to the southwest of the site; the Red Lion public house.

The proposed development is located in the north west corner of the site (where the hotel, conference centre, parking and flood attenuation pond will be developed) and the south west corner of the site abutting Blackburn Road where additional car/coach parking is proposed. The proposed development occupies 6ha of the wider employment site.

The Hotel and Conference Centre would be located at the entrance to the site and Knuzden Brook abuts the western boundary of the site. Additional, over-spill car parking is proposed in the southern portion of the site.

Proposal

The application seeks full planning permission for the construction of 1no hotel (150 bedroom with a GFA of 5,396m2)) and 1no mixed use building that is to provide conference facilities and banqueting space (GFA 8,850m2), together with associated parking, service yard, internal access road and landscaping works. There would be an immediate car

parking area which would serve the two buildings, including disabled provision and a further car park to the South of the site, immediately off the access form Blackburn Road. This area is provided as an overflow car park and also makes provision of coaches to park.

The employment site drains towards the north west corner of the site and as a means of helping to manage surface water drainage a flood attenuation pond is proposed as part of this development. This would include means by which water flow into both the pond and into Knuzden Brook would be controlled.

The site has outline planning permission for a hotel and public house under 11/15/0154.

Consultations

Public consultation: Site notices and press notices have been displayed. Nine letters of representation has been received which highlights the following issues:  This resubmission of an employment use is unlikely to generate jobs for local Knuzden residents  Increase in size of hotel of 135% from the previous approval  The overflow car park is 600m away from the hotel and will lead to increase in air pollution  Noise air pollution and light issues to residents form the overflow car park.  The barrier entrance will cause queues at the entrance on Blackburn Road  The weddings will impact on traffic at weekday rush hours  Races could be carried out on the M65 or A679  Noise due to fireworks  No need for a hotel  Uneconomical to build more units which won’t get filled  Council is ruining England’s green and pleasant land  Removal of ancient hedgerow along Blackburn road  Vibration and subsidence could affect ground surrounding neighbouring properties

One letter of support has been received

Blackburn with Darwen Council: No comments have been received.

Police Liaison Officer: Comments have been received in relation to security; these can be made available to the applicant through the Informatives on the Decision Notice.

Lancashire Fire Service: No comments have been received.

LCC Highways: Initially comments were received which highlighted concern with regards to parking levels and provision. Following the submission of amended plans and changes to the car park layout further comments were received which relate to the amended 'Proposed site plan' 16.128-001-AB and the additional information received by email on the 26th January and 2nd February from Dynamic Transport Planning including travel survey data from a comparable site.

No objections to the proposal subject to the conditions relating to the following:

 Off-site highway works: Once the development site is trading, the signalised site access onto Whitebirk Roundabout will require intervention to optimise the operation of the signals. All works will be completed under a Section 278 agreement with Lancashire County Council.  Scheme shall be submitted for the southern overflow/staff car park for approval by the LPA for the provision of shuttle bus passenger covered waiting and seating areas (bus shelters), directional and information signage for the parking and shuttle bus, lighting and CCTV provision.  Scheme for the directional and information signage to the overflow car park on the spine road and associated barrier and detection equipment shall be submitted for approval to the LPA.  The car parking area at the site and the overflow car parking area at the Blackburn Road end of the site and the linking estate road shall be provided hard surfaced and marked out as indicated on the approved plan to the satisfaction of the Local Planning Authority. The car park shall be made available at all times that the premises are in use for the parking of staff and visitors cars.  36 cycle stands, 10 secured covered cycle storage spaces and 4 electric vehicle charging points shall be provided.  The shared pedestrian cycle link path from the new estate spine road to the development site shall be fully implemented and available for use.  Phasing of the traffic signals at the site access and linked arms at junction 6 M65 Whitebirk roundabout shall be reviewed  Within 3, 6 and 12 months of first occupation of the development site, reviews of the Car Park and Servicing Management Plan shall be submitted to the LPA for approval  On any day whereby 500 guests or more are anticipated at the development site, the overflow car park and servicing management plan shall be implemented including the deployment of marshalls, car park attendants, barrier controls and shuttle bus provision between the site and the overflow car park and all other associated measures to control the traffic movements.  During an event whereby 500 guests or more are anticipated the shuttle bus shall operate during the full event period and details of the shuttle bus and the overflow car parking arrangements shall be provided to the event organiser at the time of booking. The details shall be provided on all web based content, communications and advertising.  Where a single event space is booked for multiple events on the same day, those events shall be staggered to ensure a period of not less than 1 hour occurs between the start and finish times.  The details outlined within the Framework Travel Plan (reference RSK 661429 dated November 2017) shall be implemented as set out within the plan.

Lead Local Flood Authority: Initial comments were received on 16th Jan 2018 which stated:

‘In the absence of adequate information to assess the principle of surface water drainage associated with the proposed development, we object to this application and recommend refusal of planning permission until further information has been submitted to the local planning authority’.

Officers will report final comments from the LLFA in the update sheet.

Highways England: No objections to the proposal following the submission of further evidence. A condition is required which requires a Travel Plan and Car Park and Servicing Plan.

Environmental Health: No objections subject to conditions relating to site preparation and construction phase, light, noise and odour and contamination.

The Environment Agency: No objection, but make comments which the applicant is directed to through the Informatives on the Decision Notice.

Electricity Northwest: The development could have an impact on infrastructure and the developer is directed to their comments through an Informative on the Decision Notice.

Lancashire Archaeological Advisory Service: The proposed development site lies within an area that was subject to an archaeological Desk-Based Assessment, dating to June 2003 (Lancashire Historic Environment Record PRN26801). This report identified a number of earthworks of archaeological interest, the most significant of these being a linear feature recorded as a possible 'hollow-way' (PRN26821). A condition is suggested to ensure that prior to the commencement of development the implementation of a programme of archaeological work shall be carried out.

United Utilities: No objection provided conditions relating to drainage are attached to the planning permission.

National Grid: No objections.

Lancashire Fire Officer:

Lancashire Police Liaison: Advice has been provided in relation to the development of the site which is to be highlighted to the applicant via the Informatives on the decision notice.

Historic England: No comments

Natural England: No comments

HBC Ecology: Initial comments were received which highlighted various issues. Following the submission of amended plans these issues have been dealt with and there is no objection, subject to various conditions.

Relevant Planning History

11/15/0154: Major Outline – Mixed employment comprising industrial and logistics floor space (Use class B1, B2 and B8) together with a drive through hot food takeaway (Class A5), pub/restaurant (Class A3/A4) a hotel (Class C1), and a petrol filling station including a forecourt show (Sui Generis) together with primary highway access to the Whitebirk roundabout and secondary access to Blackburn Road and all other matters reserved. The application is including an environmental impact assessment statement (EIA) APPROVED

11/17/0436 Discharge of conditions 5, 7, 21, 23, 26, 29, 32, 33, 35, 38, 42 and 43 of 11/15/0154

11/16/0453 Phase 1 reserved matters application for the approval of landscaping, appearance, layout and scale pursuant to outline planning permission 11/15/0154 for 2no drive through restaurants, petrol filling station, including forecourt shop and internal spine road. Approved 23.07.17

11/16/0476 Discharge of conditions 5 7 21 23 26 29 32 33 35 38 42 and 43 of 11/15/0154 part discharged

11/16/0491 Non material amendment under s96A of Town and Country Planning Act 1990 to conditions 6 15 28 31 33 36 and 43 of planning permission 11/15/0154. Granted Feb 2017

11/17/0005 Discharge of planning condition 27 pursuant to 11/15/0154. Partially discharged (parts i, ii and iii) Feb 2017.

Relevant Policies

Hyndburn Core Strategy

Policy BD1 The Balanced Development Strategy (part (d)) Policy E1 Future Employment Provision Policy HC1 Green Space and facilities for walking and cycling Policy HC4 Community Benefits / Planning Obligations Policy Env1 Green Infrastructure Policy Env2 Natural Environment Enhancement Policy Env3 Landscape Character Policy Env5 Sustainable Development and Climate Change Policy Env6 High Quality Design Policy Env7 Environmental Amenity Policy T2 Cycle and Footpath Networks Policy KW1 Strategic Regional Employment Site at Whitebirk

Hyndburn Development Management Development Plan Document (DM DPD)

GC1 Presumption inn favour of sustainable development DM1 Employment development DM3 Development of main town centre uses DM17 Trees woodlands and hedgerows DM18 Protection and enhancement of the natural environment DM19 Protected species DM20 Flood risk management and water resources DM26 Design quality and materials DM29 Environmental amenity DM31 Waste management in all new developments DM32 Sustainable transport, traffic and highway safety

Material considerations

National Planning Policy Framework Planning Practice Guidance (PPG)

DMDPD- Guidance Notes:  GN3- Materials and colour  GN7- Waste management  GN8- Car parking, access standards and transport assessment/travel plan thresholds  GN10- Distances between development and trees

Observations

Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires that the determination of applications under the Planning Acts should be in accordance with the Development plan unless material considerations indicate otherwise. In this instance the Development Plan comprises the saved policies of the Hyndburn Council Local Plan (1996) and the adopted Core Strategy.

The site is allocated in the Local Plan as a strategic regional employment site. Core Strategy Policy KW1 states that ‘land at Whitebirk will be developed as a Strategic Regional Employment Site that will provide for higher value business development’. The proposed uses are not higher value business development (hotel and mixed use building to provide conference facilities and banqueting hall) but will provide some employment (estimated at 120 jobs, 60 full-time and 60 part-time). It is also considered that the proposed uses, on a relatively small proportion of the strategic allocation, can provide valid supporting uses (high quality training/meeting space and accommodation) that will encourage higher value employment uses onto the remainder of the site. Therefore, whilst the application does not provide traditional employment uses/business development directly, the proposal is considered to be broadly in line with the intention and ambition of Policy KW1 provided the development does not have an adverse impact on town centres.

The proposed uses comprise ‘main town centre uses’ in accordance with the definition in Annex 2 of the NPPF, and Frontier Park is a clear ‘out of centre’ location. Paragraph 4 of DM DPD Policy DM3 states that ‘proposals for main town centre uses that are not located in defined Town Centres or Local Centres, and are not in accordance with specific policies in the Site Allocations DPD, should address the following: a. demonstrate that no sequentially preferable site is available or suitable through a proportionate but thorough assessment of more central sites; b. that in the application of the sequential assessment above, developers and operators demonstrate flexibility in terms of scale and format’

The applicant is therefore required to demonstrate that there are no sequentially preferable sites in town centres or edge of centre locations. The applicant has submitted a supporting Sequential Test report that demonstrates sufficient flexibility and that there are no sequentially preferable sites that are suitable, available and viable. For an out of centre location, the proposal is considered to be a relatively accessible site that is well connected to town centres (Pennine Reach route) in line with paragraph 24 of the NPPF.

The proposed uses do not require an impact assessment to be undertaken either under Policy DM3 (retail uses only) or NPPF paragraph 26 (retail, leisure and office developments only). The proposal is therefore considered to be compliant with local and national policy in terms of the principle of uses proposed.

Design, Scale and Layout

Core Strategy Policy Env6 requires all new developments to maintain a high standard of design. This is reflected in the policies relating to design in the DMDPD and supported by the provisions of the NPPF.

The applicant has provided a Design and Access Statement with the applicant which details the considerations behind the design of the building.

The hotel building would be 5 storeys and set at the edge of the SUDS pond at the south of the site. The building would be highly prominent form the roundabout and the road network so particular consideration has been given to the proposed materials and fenestration to break up the mass of the building. The base colour would be greys accentuated with a blue colour at the windows and at the entrance. The materials would be high quality and a mixture of grey terracotta cladding, brickwork and glazed curtain walling. All the materials proposed are detailed within the Design and Access Statement and the application forms.

The conference building is designed to complement the hotel, using glazing at each entrance and a vertical scale linked with a horizontal band of cladding. There is a large overhang area and expanses of glazing for windows. The prominent corner of the building is stepped back to allow a large roof top garden. The building would be three storey with large rooms which can double as conferencing and banqueting. The third floor can be used for weddings with access to the roof terrace. There would be solar PV panels installed on the roof.

A landscaping scheme provides a mix of planting which is informal around the perimeter and more formal closer to the building; this is designed to complement the perimeter of the site to provide a naturalised setting.

The applicant has also submitted detailed plans of both the buildings and the layout of the scheme, along with landscaping. Officers shave considered these plans and are satisfied that the scheme complies with the design principles set out in the outline consent and that it respects the general character of the surrounding area. The external appearance of the building is considered to represent a modern, clean and attractive aesthetic which is visually appealing.

As such officer are satisfied that the proposal is acceptable and in accordance with the relevant planning policy in this regard.

Heritage

Policy Env6 of the Core strategy, DMDPD Polices DM22 and DM26 all relate to design and the impact on heritage. There is also guidance within the National Planning Policy Framework.

There is a listed building to the South West of the site: the Red Lion public house (Grade II). At the time of the consideration of the outline planning permission (11/15/0154) it was not considered necessary to advertise the proposal as ‘affecting the setting of a listed building’ due to the scale of what was proposed at the time. However the height of the proposed hotel is significantly greater than the previous scheme and for that reason Officers have advertised this proposal as such in order for comments to be received on this basis. At the time of writing the report no objections have been received on this basis, any received in the period leading up to Planning Committee will be reported in the update sheet.

Officers have considered the proposal and do not consider that there would be a significantly detrimental impact on the setting of the listed building as a result of the development. It is considered that the proposed high quality materials and design of the buildings and the quality of the proposed landscaping would have a positive impact on the setting of this building. As such the scheme is considered to comply with the relevant local and national planning policies in this regard.

Residential amenity

Policy Env7 of the Hyndburn Core Strategy and Policy Dm29 both seek to ensure that proposals for new development do not have an unacceptable adverse impact on local amenity through factors such as noise, light, dust or other nuisances.

The southern boundary of the site is opposite the residential area of Knuzden, whilst the western boundary of the site is also close to residential areas of Blackburn with Darwen in addition to a primary school.

A noise report has been submitted with the application which considers the implications of the development on surrounding properties. The Council’s Environmental; Health Officer has considered this and has no objection subject to the suggested conditions.

Objections have been raised in relation to the scheme which relate to late night noise from fireworks and car movements. Officer should considered this and have included a recommended condition which restricts both fireworks and drumming at the premises after 10pm at night. This will ensure that nuisance does not occur at the site after 10pm. However it is accepted that it is not possible to control this outside the site, that nuisance would be controlled under other regulations.

Light pollution has also been raised in relation to the proposal. A condition is recommended which will ensure that external lighting is submitted for approval prior to its installation. This will enable Officers to be satisfied that there would not be a significantly detrimental impact on the amenity of surrounding properties as a result of the development.

Air pollution has also been raised as a reason for the application to be refused by local residents. The Council’s Environmental Health Officer has not objected to the proposal in this regard, and the site does not lie within an Air Quality Management Area. As such, although it is accepted that more traffic will be generated at the site as a result of the development, this is not a reason to refuse the application.

As such, with the conditions recommended Officers are satisfied that the development meets with the relevant local and national planning policy in this regard.

Traffic and Highways

Policy Env7 of the Core Strategy aims to avoid development which has an unacceptable adverse impact by reason of traffic. HC3 deals with the design of residential roads. Further advice is given in the relevant DMDPD Policy DM32 and the provisions of the NPPF.

The applicant has submitted a Transport Assessment with the application which has been considered in detail by both the Highways Authority and Highway England. Following ongoing discussions with them, Highways England have considered the plans, and, based upon on the findings of their review of the TN produced by RSK, their conclusion is that, on balance, the forecast impact of the proposed development on the SRN is unlikely to be severe, and as such, we do not seek to raise an objection. They do require a condition for a detailed Travel Plan and Car Park and Servicing Plan to be submitted, agreed and implemented.

The Highways Authority has also considered the scheme and had initial concerns in relation to parking levels at the hotel. On the submission of amended plans they are satisfied that the increase to 316 spaces provides 73% of the maximum Hyndburn Borough Council parking standards at the main site. The overflow car park provides a further 184 spaces which makes a total of 500 car park spaces. Although this figure exceeds the parking

standard, overall it is considered necessary when considering the maximum car parking accumulation of 500 vehicles based on the trip generation.

The applicant provided additional information based on a similar type of venue in Levenshulme. That data showed that 34% of guests comprised of car drivers which equates to 476 cars at this site when applying the same percentage. As such this ‘snap shot’ of travel modes, demonstrates that should a similar modal split occur at this site, the car parking spaces proposed would be adequate.

An objection has been raised to the scheme in relation to the barrier at Blackburn Road resulting in cars ‘backing up’ on Blackburn Road at busy times. This has not been raised as an issue by the HA, and as such Officers are satisfied this is not a reason to refuse the application.

Discussions have been ongoing with both consultees and the agent and further amendments were submitted as requested which allows Officers to be satisfied that he proposal is acceptable in this regard and in line with the relevant local and national planning policies.

Ecology

Policy Env2 of the Hyndburn Core Strategy and the relevant policies in the DMDPD take take a similar approach to ecological assets. The National Planning Policy Framework (NPPF) advises that local planning authorities should aim to conserve and enhance biodiversity.

The Environmental Statement considers the impact of the development on ecology and trees and the applicant has undertaken a variety of ecological studies in support of this.

The application has been amended since the submission of the initial plans to allow for a wider buffer along the boundary with Blackburn Road, this allows the Ecology within the site to work, providing a path along the entire boundary of the site for biodiversity to thrive. The Councils Ecologist has made some amendments to the scheme which has allowed the landscaping and provision of bat and bird boxes to be improved. Suitably worded conditions are recommended.

As such Officers are satisfied that the detail provided is acceptable and in line with the current local and national planning policy.

Drainage

DMDPD Policy DM20 provides detail on the consideration of flood risk management in developments. The outline planning permission 11/15/0154 had conditions which required the scheme for drainage across the site to be submitted and agreed prior to commencement of development. The Council has been working to ensure that these conditions can be

retrospectively discharged and have had ongoing discussions with the applicant on this matter.

There has now been ‘in principle’ agreement in relation to the drainage scheme for the full site and as such Officers are now working to retrospectively discharge the conditions related to the outline planning permission in the upcoming weeks. This has provided comfort that a scheme for this site can be achieved which is in keeping with the overall drainage strategy for Frontier Park.

At the time of the drafting of the committee report, detailed information relating to drainage of this site is outstanding. As such, the recommendation for this application is subject to drainage details being agreed. This will be addressed in more in the update sheet.

Other Matters

 An objection has been received in relation to anti-social behaviour such as racing cars along the local road network and motorway. There is no evidence that this will be an issue and if it becomes an issue then it would need to be addressed by the Police.  An objection has been received in relation to the scheme being unlikely to generate local jobs. The proposed development has the potential to generate a range of jobs for the local community.  An objection has been received on the basis that the increase in size of hotel from the outline scheme is 135% and that it is not needed. Officers consider that the proposal has been considered on its merits and in line with the relevant planning policy and that this is not a reason to refuse the application.  An objection has been received on the basis that it is uneconomical to build more units which won’t get filled. This is not considered a planning consideration.  An objection has been received on the basis that the Council is ruining England’s green and pleasant land. This is covered in the principle section of the report: the site is an allocated employment use and this use is considered ancillary to that use. Although Officers accept that the land was previously green fields, the development of the site has been established through planning approval 11/15/0154.  An objection has been received relating to the removal of ancient hedgerow along Blackburn road. This was considered and approved through the outline planning application 11/15/0154.  An objection has been received in relation to potential vibration and subsidence caused by the development affecting ground surrounding neighbouring properties. This is not considered a planning consideration and if this were to become evident it would be a private matter.

Improvements made to the scheme:  Amendments to car park at Blackburn Road entrance to the site  Landscaping improvements  Ecology improvements, including the widening of the landscaping buffer at the site entrance form Blackburn Road.

 Amendments to main car parking layout

Conclusion

In conclusion, Officers have considered the proposal in detail and taken advice from the relevant statutory consultees . They are satisfied that, subject to no objection being received from the LLFA, following the final drainage details being submitted, the development is acceptable and in line with the relevant local and national planning policy subject to the following conditions listed below, and any further conditions required by the Lead Local Flood Authority:

Conditions

1. The development hereby approved shall be commenced before the expiration of three years from the date of this permission or two years from the approval of the last of the reserved matters as defined by condition 3 below, whichever is the later.

Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 92 (as amended) of the Town & Country Planning Act 1990.

2. The development shall be carried out in accordance with the following documents unless agreed in writing by the Local Planning Authority:

1APP Form and Ownership Certificates; Design and Access Statement (Campbell Driver Partnership) Proposed Hotel Site Plan (drawing no. 16.128.01 004B) Proposed site Master Plan (drawing no. 16.128.001AB) Site Section At Hotel (drawing no. 16.128.01.014) Proposed Conference Building Ground Floor Plan (drawing 16.128.01 005 Rev D) Proposed Conference Building First Floor Plan (drawing 16.128.01 006 Rev D) Proposed Conference Building Second Floor Plan (drawing 16.128.01 007 Rev A) Proposed Conference Building Elevations 1 of 2 (drawing 16.128.01 008) Proposed Conference Building Elevations 2 of 2 (drawing 16.128.01 009) Proposed Hotel Ground and First Floor Layouts (drawing 16.128.01 010) Proposed Hotel Second, Third and Fourth Floor Layouts (drawing 16.128.01 011) Proposed Hotel East and North Elevations (drawing 16.128.01 012) Proposed Hotel West and South Elevations (drawing 16.128.01 013) Sequential Assessment (PWA July 2017) Planning Statement (PWA July 2017) Transport Assessment (RSK July 2017) 3722.01B Frontier Park Hotel Phase 4 - Landscape Layout (1 of 3) 3722.02B Frontier Park Hotel Phase 4 - Landscape Layout (2 of 3) 3722.03A Frontier Park Hotel Phase 4 – Landscape Layout (3 of 3)

Reason: For the avoidance of doubt and to enable Hyndburn Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policies Env6 & Env7 of the Hyndburn Core Strategy.

3. No part of the development hereby approved shall be brought into use unless and until a detailed Travel Plan and Car Park & Servicing Management Plan is submitted to and approved in writing by the local planning authority in consultation with the local highway authority (Lancashire County Council) and Highways England, and all approved measures have been implemented accordingly.