Report for: Planning Committee

Date: July 2015

Application Ref: 11.15.0154

Application Type: Major, Outline with all matters reserved except means of access. Accompanied by Environmental Statement.

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

Applicant: Burnhope Ltd.

Agent: Ancer Spa Ltd.

Proposed Development: Mixed employment comprising industrial and logistics floorspace (use class B1c, 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 shop (sui generis use) together with primary highway access to the Whitebirk Roundabout and secondary access to Blackburn Road and all other matters reserved. The application is accompanied by an Environmental Statement.

Human Rights The relevant provisions of the Human Rights Act 1998 and the European Convention on Human Rights have been taken into account in the preparation of this report, in particular Article 8 (the right to respect for family life) and Article 1 of Protocol 1 (the right to peaceful enjoyment of possessions and protection of property).

Site Description

The site occupies 34.5ha of farmland immediately west of the M65 motorway between Whitebirk Roundabout, Blackburn Road and Knuzden Brook. 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.

The site slopes down from east to west and knuzden Brook is located in an area of woodland along the western boundary of the site, crossing the north west corner of the site. Site ground levels are gently undulating, with an overall drop in levels from 165m AOD (height relative to the average sea level) at the south-east corner of the site to 129m AOD at

1 the northwest corner. The brook denotes the boundary between Hyndburn and Blackburn with Darwen and the residential area of Intack lies on the western side of Knuzden Brook. Within this area there is a primary school and a number of industrial units which are accessed from Whitebirk Drive.

The site was previously used for agriculture and although part of the site (along the southern boundary) was once used for a variety of industrial purposes it is now considered to be a greenfield site. Some redundant farm buildings remain on the southern boundary of the site on Blackburn Road. There are a number of hedgerows around the periphery of the site and within the site as well as some field ditches/drains.

The Site represents an area of urban fringe landscape on the outer edge of Blackburn, influenced by the M65 and surrounding residential and commercial/industrial land uses. In the wider context, the commercial and industrial suburb of Whitebirk lies to the north-west, the residential suburbs of eastern Blackburn lie to the south and south-west and the open countryside of the Green Belt lies to the northeast. The centre of Blackburn is approximately 2.64km to the southwest whilst Accrington town centre is XX km to the east.

Proposed Development

The development of B1, B2 and B8 uses and A1, A2, A3, A4, A5, C1 and D2 uses (approximately 90,000m2 of floorspace). An indicative plan illustrating the nature of the proposed development is set out below:

Fig 1. Illustrative layout

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The site is not level, having a 36m fall from south east to north west across the site. The proposed development requires a series of levelled plateaux on which the proposed buildings will sited. To achieve this, a series of substantial cut and fill earthworks will be undertaken at the outset. The Indicative Site Masterplan shows that a total of six separate development platforms will be created, together with a surface water drainage pond. There will be three stepped platforms on the higher eastern half of the site, with finished floor levels ranging from 165.135m to 159m to 154m. On the western, lower half of the site, one large platform will be created with a finished floor level of 152.350m along with an associated 1 in 40 sloped future car park plateau. Additionally, two smaller development plateaux with 1 in 60 gradient falls will be created at the northern end of the site.

The development will have its principal highway access at the northern end of the site, direct from the J6 M65 Burnley Road gyratory, adjacent to where a small maintenance access has already been created. This will be in the form of an industrial standard traffic signalised junction onto the gyratory, with signals being linked into the existing telemetry already in place around the existing junction. From this signal controlled access, a spine road with both a roundabout and bellmouth junctions will be constructed running southwards through the site to provide access to the various development plots. A secondary site access is then also to be provided to connect the spine road to Blackburn Road at its southern end. It is anticipated that this secondary access will be designed so that it excludes use by HGV’s whilst allowing buses, emergency vehicles, cyclists and pedestrians to use it.

Although the exact specifications of the proposed buildings would be dealt with at reserved matters stage, the submitted Development Parameters Plan provides for the development of 6 zones for the following uses: Zone 1 B1c / B2 / B8 uses. This is the largest zone proposed and would accommodate 1 or 2 buildings with a maximum gross floorspace of 44,849sqm and the buildings would have a maximum height of 21.5m. The building illustrated on the indicative plan measures X by Ym and has a gross floor space of 44,020sqm. Zone 2 B1c / B2 / B8 uses. This zone would also accommodate 1 or 2 buildings and has a maximum gross floorspace of 11,653sqm. The buildings would have a height of 16.0m. Zone 3 B1c / B2 / B8 uses. This zone has a maximum development floorspace of 22,170sqm and the proposed buildings would have a height of 16.0m. Zone 4 B1c / B2 / B8 uses. This zone has a maximum development floorspace of 21,120sqm and the buildings would have a height of 16.0m. Zone 5 Petrol Filling Station and Forecourt Shop. A gross floor space of 390sqm. Zone 6 Drive –in, takeaway, pub and hotel. This zone has an area of 1.386ha and development within this area would have a maximum gross floorspace of 2,758sqm.

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Relevant Planning Policies

Planning law requires that planning applications be determined in accordance with the relevant provisions of the development plan, unless other material considerations indicate otherwise. In this instance the “development plan” comprises the Hyndburn Core Strategy and the saved policies of the Hyndburn Local Plan. National policy (NPPF and NPPG) and relevant supplementary policy documents are material considerations that should be taken into consideration. The policy framework for the proposed development is set out below:

Hyndburn Core Strategy

The Hyndburn Core Strategy was adopted in 2012. The following policies are considered to be relevant: 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 Local Plan

Although this was adopted in 1996, there are a number of “saved” policies that are relevant: Policy I1 Employment Development Sites Policy I2 Employment Development within the Urban Boundary Policy E3 Retention of trees and hedgerows Policy E10 Development Criteria Policy E15 Public Art

National Planning Policy Framework

Achieving sustainable development 1. Building a strong, competitive economy 4. Promoting sustainable transport 7. Requiring good design 8. Promoting healthy communities 10. Meeting the challenge of climate change, flooding and coastal change 11. Conserving the natural environment

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National Planning Practice Guidance

ID 4 Environmental Impact Assessment ID5 Renewable and Low Carbon Energy ID 6 Climate Change ID 7 Flood Risk ID 23b Planning Obligations ID 26 Design ID 30 Noise ID 31 Light Pollution ID 32 Air Quality ID 33 Land affected by contamination ID 34 Water supply, waste water and water quality ID 42 Travel plans, transport assessments and statements in decision taking ID 53 Health and well-being

Other Policy Guidance Hyndburn Borough Council Adopted Car Parking Standards.

Planning History

15/0032 Scoping Opinion: Town and Country (Environmental Impact Assessment) Regulations 2011. Major mixed employment development.

03/0608 Outline application: Erection of new buildings for: Research and Development (Knowledge Park) (Class B1b) (25,633 sq m); Light Industry(Class B1c) (21,034 sq m); General Industry (Class B2) (5,917 sq m), Distribution (Class B8) (4,438 sq m), Warehousing (Class B8) (4,438 sq m), neighbourhood centre comprising retail shops (Class A1 - maximum 375 sq m per unit to a total of 1,393 sq m), restaurants/hot food (950 sq m), creche (500 sqm ) fitness centre (930 sq m) and 5 No apartments with associated car parking, servicing, roads, footpaths and cycle ways, public transport facilities and landscaping/open space. Planning permission has never been granted for this development because the s.106 agreement has not been signed.

96/0516. Erection of business, industrial, retail, leisure, fast food premises, erection of petrol filling station, provision of car parking, and associated works. WITHDRAWN. 11.4.97

94/0115. Erection of 33,000v overhead line. A/C 22.4.94

83/0125. Erection of 33,000v overhead line. A/C 3.3.84

75/0578. Reclamation of derelict land for agriculture and tree planting. A/C 1.3.75

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Consultation Responses

The full responses of statutory consultees are set out at Appendix 1. A summary of the responses is set out below:

Blackburn with Darwen Borough Council – Planning

Whilst Blackburn with Darwen Borough Council supports employment development at the site, we object to the proposal in its current form due to a lack of appropriate phasing in terms of the proposed “main town centre uses”.

Furthermore, additional consideration needs to be given to the potential transport impacts to allow appropriate mitigation to be captured.

Blackburn with Darwen Borough Council – Highways

It is difficult to make a judgement on the preferred option for the through route, however, the Main concern is the potential impact on the Intack AQMA. It is important that there are adequate levels of parking provided on site and a contribution should be made towards managing off-street parking impacts. A shared cycle / pedestrian route should be provided through the site and the bus stops should be upgraded to Pennine Reach Gold Standard.

Blackburn with Darwen Borough Council – Environmental Health

Conclusions re construction phase - The report concludes that without appropriate mitigation there will be a high risk of dust soiling and raised PM10 concentrations. Impact negligible with appropriate dust management plan. A reasonable conclusion. The report assumes that there will be a Dust Management Plan.

Conclusions re operational phase - Predicted exposures below objective at all receptors. Predicted ‘negligible’ increase in exposure within AQMAs.

Uncertainty relating to committed developments. Some queries are raised in relation to the methodologies used by the applicant.

Lancashire County Council (Minerals and Waste Policy)

The MSA indicates that economic mineral resources of Brickclay and Fireclay may be present on the Whitebirk site. Applications in Mineral Safeguarding Areas have the potential to sterilise the mineral resource. In this instance, given the circumstances of the site and the surrounding land uses, we do not feel that further information is required, and consider that the proposed development is not contrary to Policy M2.

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Lancashire County Council (Highways)

LCC supports the principle of development on this employment site with primary access from the signalised Whitebirk junction. Development has previously been supported on this site.

I have considered all the information provided; unfortunately without access to the site from the south or parking available from the south, I consider that the sites needs will not be catered for. This will result in impacts on the residential streets and is a weakness of the access strategy. I consider the application as presented does not fully satisfy a number paragraphs within the NPPF relating to the provision of solutions which support reductions in emissions and help to reduce congestion or that a suitable means of access to the site has been provided for all people where the need to travel will be minimised with minimal journey lengths.

LCC have worked proactively with the applicant with an aim to secure this development that improves the economic, social and environmental conditions of the area and have actively looked for solutions rather than problems that could provide a number of opportunities to jointly overcome issues at all stages.

Until these matters are resolved it is very disappointing but I cannot offer support for the application as presented and therefore recommend an objection to the proposed development. I consider the development does not satisfy the requirements of the NPPF and sustainable development. However, if you are minded to approve this application (having regard to the planning balance as you have previously highlighted) it is essential that suitable conditions are put in place to ensure all necessary measures are delivered. Under this scenario I would provide a list of measures and a list of suggested conditions that may be appropriate.

Highways England

No objection subject to appropriate conditions being imposed.

Lancashire County Council (Economic Development)

The Economic Development Service supports the development of this site.

The planning application includes recognition of the strategic role and potential of the employment site including the opportunity to create thousands of new jobs in East Lancashire, and which is aligned with the delivery of the Lancashire Enterprise Partnership’s Strategic Economic Plan (SEP).

The ability to provide modern, purpose-built premises will also help play a significant role in strengthening Lancashire’s economy.

Environment Agency

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No objection subject to only one outfall into Knuzden Brook and a condition requiring contaminated land to be managed appropriately.

Lead Local Flood Authority (Lancashire County Council)

We object to the application and recommend refusal of planning permission for the following reasons: i. The proposed development is unacceptable because it involves removal of and building over several ordinary watercourses which contravenes Lancashire County Council Ordinary Watercourse Consenting and Enforcement Policy. ii. The watercourses act as natural drainage for surface water and provide attenuation. It is contrary to Hyndburn Core Strategy Policy Env4 Sustainable Development and Climate Change, which indicates in point “d” that sustainable drainage systems should be incorporated. iii. There will be significant loss of habitat for species should the watercourses be removed. This is contrary to Hyndburn Core Strategy Policy Env 1: Green Infrastructure and Policy Env2: Natural Environment Enhancement. iv. For the avoidance of doubt, once planning permission has been obtained it does not mean that land drainage consent will be given.

Our objection may be overcome if the applicant submits a revised site layout that overcomes the above concerns. If this cannot be achieved we are likely to maintain our objection.

Natural England

No objection, but the local planning authority is expected to assess the impact on protected species in a manner consistent with standing advice.

The Coal Authority

The site is not within an area where it is necessary to consult the Coal Authority.

National Grid

National Grid has identified that it has apparatus in the vicinity of the site which may be affected by the activities specified. No objection but details of infrastructure and advisory note sent in.

Hyndburn Borough Council - Trees and Woodlands Officer

No objection subject to the submission of a high quality landscaping scheme and measures to protect birds during the breeding season. Benefits could also be gained through the alignment of the units and through the use of features such as green walls, roofs and SUDS drainage.

Hyndburn Borough Council – Environmental Health Officer

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No objection subject to appropriate conditions to control noise, light, potential disturbance during construction and contaminated land.

Fire Officer

Advice is provided to the applicant in relation to relevant sections of the Building Act and the dimensions of turning heads for emergency vehicles.

Police Liaison

Due to the size and differing uses of this development, the increase in visitors it would bring and the increase in the population of the area, it is essential that all developments are completed to Secured By Design in order to reduce the risk of crime affecting the businesses, staff, visitors and wider community.

Detailed feedback will be provided at the reserved matters stage in relation to reducing the crime and disorder risks within the layout, design and physical security and the requirements for Secured by Design.

Electricity North West

The development is shown to be adjacent to or affect Electricity North West operational land or electricity distribution assets. Where the development is adjacent to operational land the applicant must ensure that the development does not encroach over either the land or any ancillary rights of access or cable easements. If planning permission is granted the applicant should verify such details by contacting Electricity North West, Estates and Wayleaves, Frederick Road, Salford, Manchester, M6 6QH.

The applicant should be advised that great care should be taken at all times to protect both the electrical apparatus and any personnel working in its vicinity.

The applicant should also be referred to two relevant documents produced by the Health and Safety Executive, which are available from the Stationary Office Publications Centre and The Stationary Office Bookshops, and advised to follow the guidance given.

National Grid

No objection to the proposal but advise that the development is in close proximity to a High Voltage Transmission Overhead Line – 4ZP. A plan of the overhead line and associated information is included in the response.

Network Rail

No objection.

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Lancashire County Council (Public Rights of Way)

No observations received.

CPRE

No observations received.

Neighbour Notification Responses

The planning application has been advertised in the local press, site notices have been placed in several locations around the site, and almost 700 local households and local businesses have been notified by letter. Prior to the planning application being submitted the applicant undertook consultation with the local community and with elected members of Hyndburn Borough Council.

The following issues have been raised by the local residents and businesses who have responded:

Traffic

 We believe that even after construction there will be a lot more extra noise pollution from cars and businesses at the site.  Whitebirk Road can barely cope with the traffic that uses if now and has little or no chance of being upgraded.  The development would be far better serviced both directly via the Whitebirk roundabout and could also be serviced by HGV traffic by a designated branch of the existing exit slip road to junction 6 M65.  The development would see a significance increase in HGV and car traffic from deliveries night and day.  The increased traffic flow would also increase noise in the area dramatically and as many of the proposed development sites are ear marked for late night opening establishments or logistic companies loading and unloading at night.  There will be even more traffic on the already busy roads.  The Development would see a significant increase in HGV’s operating day and night.  The increased volume of traffic particularly with the Intact Primary School near-by is colossal.  We are very concerned over the added traffic that will be in the area, visitors coming from the motorway will use our small avenue as a rat run to avoid intack traffic lights.  Increased traffic along Blackburn Rd, which is already a race track in the evenings, together with noise and pollution.  Traffic on Blackburn Rd is busy enough so we don’t need more buses.

Noise:

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 We mostly have only singled glazed windows throughout our house and fear that the added noise will disturb our peace.  The ecological impact due to extra lighting on and around the site, which will be operational twenty four hours, and no amount of greenery will stop this assault.

Smells and odours

 The smell would be significant. The smell from the proposed takeaway and restaurant will blow across Knuzden Brook to us. We do not like fast food or pub/restaurant food nor the smell of it.  There will be extra rubbish that will contaminate the surrounding areas, and encourage more rats to breed and spread throughout the surrounding areas.

Other issues

 I object to the proposed development as it would impact negatively on the amenity of my home environment.  The proposed development is vast way beyond any commercial or business premises in the Redcap area of Hyndburn.  I dread the visual impact of ugly overbearing units on Accrington Road, with the possibility of also seeing their dereliction if unused like many in neighbouring Blackburn.  Why do we need another Pub/Restaurant when we have three or more on our doorstep not to mention the number of fast food/takeaways which have already taken over most of the shops in Accrington/Blackburn Road. As for the petrol station we have Tesco close by  With all the brown sites around surely this could be built elsewhere or not at. Also why not try to regenerate Accrington Town Centre instead of wanting to build on the outskirts.  We feel there are already sufficient empty units/buildings in the immediate and surrounding areas.  We are concerned that if the development goes ahead, the units will indeed be purchased. Look what happened to the former Tophams office development in Lower Darwen, built non-built, Vandalised resulting in the blocks being boarded up – massive eyesore!!.  Light pollution not only from the units/warehouses, but from the drivethrough, petrol filing station, hotel and pub/restaurant.  ‘The local population with no qualifications is higher than the regional and national averages’ how likely is it do you think the companies advertising these new jobs are going to employ the local population?.  Many opportunities to build on brownfield sites, so why spoil greenfield sites with industrial units?.  Along the side of M65 corridor there are thousands of square metres of industrial warehousing and logistics floor space that have not been occupied since their construction.

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 Surely we have the right to have some green pasture and fresh air around us. There are enough grot spots in Hyndburn that could be used without going to the boundary of the borough.  Its not long since Hyndburn Council spent a fortune on stopping Peel Developments from building at Whitebirk citing that Accrington would suffer as a consequence.  The plans would be detrimental to the local wildlife an abundance of birds, squirrels etc, trees and hedgerows that would be destroyed and in turn the wildlife killed.  We understand the need to regenerate the area for local jobs and business reasons, which is an advantage, but what about the run down neighbouring area, Peel Park?.  In addition the development would dominate the landscape of the area and take away the last green space in the area.  The development would lead to petty crime within the area.  It is a bit inconceivable that this is being contemplated when half of the units at Whitebirk are empty, and a lot of shops in Blackburn and Accrington town centres are empty.  Down the road on the opposite side half of a playing field was sued to build offices, and half of these are empty, and the children have less of a field to play on, and this now seems a waste of time and money.  The build will devalue our property.  There are a lot of trees and hedgerows that would be destroyed and in turn the wildlife will be killed.  I live in dread of the increased noise, pollution factor, our residential area is going to be turned into an industrial site with large volumes of traffic and associated noise.

Visual amenity and landscape impact.

 Noise not only from the increased volume of traffic but from the industrial site as a whole, ie:  Forklifts trucks loading, unloading and general manoeuvring of logistics around the site.  The development will devalue our property.  A food takeaway when there is already one at the Whitebirk roundabout.  A pub/restaurant where there are many closing and in financial trouble in the area of Blackburn and Accrington.  A hotel when there is a hotel being built in Blackburn  A Petrol Filling Station and shop when there are more than sufficient within a mile radius.

Observations

Planning permission is sought for the development of 34ha of land at Whitebirk for employment uses and a variety of supporting uses including a hotel, hot food take-away and a petrol filling station with shop. The site is a greenfield site that would be accessed directly off the Whitebirk Roundabout. The proposed development raises a number of issues that are considered below.

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Prior to the submission of the planning application the applicant sought pre-application advice from the local authority and statutory consultees as a means of seeking to ensure that the application addressed the key issues. Pre-application consultation also took place with the local community with a consultation event at the Red Lion Public House. This is in line with the recommendations in National Planning Policy Guidance.

The proposals have been subject to widespread consultation by the applicant at pre- application stage and Hyndburn has also consulted approximately 700 households in Knuzden and Intack.

The proposed development raises a number of issues which will now be considered.

1. Principle of development

The development of a large employment site was initially proposed by the Hyndburn Local Plan which allocated 34ha of land at Whitebirk for employment (B1, B2 and B8) development in 1996. Although a planning application for the development of the site was submitted by the North West Development Agency in 2003, planning permission was never granted because the owner of the site at that time did not sign the s.106 agreement.

The Core Strategy, adopted in 2012, identifies the site as a Strategic Regional Employment Site and 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 supporting text states that the site will be developed to a high standard, utilising high quality design and attractive landscaping. The Core Strategy was developed at a time when there was an extant planning application for the development of the site in the manner envisaged by Policy KW1. The site has therefore been allocated for the development of employment uses for almost 20 years without any development taking place.

Policy KW1 refers to “higher value business development”. This is normally considered to comprise a higher proportion of B1 (office / research and development etc) uses and manufacturing (B2 uses) than storage and distribution (B8). The density of employees for B8 uses is normally considered to be significantly less than that for B2 or B1 uses and, generally speaking salaries paid for those working in B8 business sectors are less than those for B2 and B1 uses. The aim of the policy framework was to help develop a higher wage economy in Pennine Lancashire through the development of more “higher value” employment uses.

Since that time the economy has changed, the most significant change being the recession in 2008-9, some of the effects of which are still being experienced in Hyndburn. The range of uses proposed by this planning application provides for a substantial quantity of B8 uses (storage and distribution), with a lower proportion of B2 (manufacturing) and B1 (office / research and development etc). This is not consistent with the approach advocated by Policy KW1.

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Recognising that the proposed development is not consistent with the mix of uses advocated by the Core Strategy, the applicant has submitted an economic assessment to demonstrate the economic benefits that would arise and to justify the mix of business uses proposed. It should be noted that the National Planning Policy Framework (NPPF) recognises that circumstances may change, stating that “Policies should be flexible enough to accommodate needs not anticipated in the plan and to allow a rapid response to changes in economic circumstances”

The applicant observes that Whitebirk is a strategic site within the context of the East Lancashire sub region. It is close to the boundary of Blackburn with Darwen and will contribute towards meeting their employment land needs. The development proposals are targeted at anticipated needs, whilst also allowing a flexible rapid response to changing economic circumstances. The applicant advises that there is a very limited supply of large sites or very large premises within the region, and in particular within the Blackburn area. Lancashire County Council’s Economic Development Service considers that there have been a number of recent enquiries where it has been difficult to provide a range of good quality premises to allow Lancashire to either compete for new inward investment or allow local high value businesses to grow.

The following table provides an estimate of direct gross permanent job creation based on the Appendix 1 Masterplan with the scenario that Plots 1 and 4 are B8 floor space and plots 2 and 3 are B2 floor space, with all units having an ancillary office component of 5% of the floor space of each unit. This table does not correlate with the figures in the planning application form which indicate that 18,483m2 would be developed for B2 uses, only 20% of the total gross floor area, a figure that would result in an in-balance between B8 and B2 uses on the site.

Use Floor Space m2 Job Ratio Jobs B8 Warehousing 59,145 1 per 80m2 739 B2 Industry 27,930 1 per 36m2 775 B1a Ancillary Offices 4,539 1 per 12m2 378 Petrol Filling Station 390 1 per 18m2 22 Drive through take-away 331 1 per 18m2 18 Pub / restaurant 497 1 per 18m2 28 Hotel 60 Rooms 1 per 2 rooms 30 Total 91,614m2 – B1, B2 & B8 1990

Based on this table, the proposed split between employment uses in terms of floorspace would therefore be as follows: B1 – 4.95%; B2 – 30.47%; and B8 – 64.56%. In terms of jobs this equates to B1 – 19%; B2 – 38.94%, and B8 – 37.13%. If the areas identified for B2 uses are replaced by B8 uses, there would be a reduction in the number of jobs of 426, meaning that the gross number of jobs would reduce from 1990 to 1,564.

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The applicant anticipates that the proposed development will create 1,990 jobs (gross), giving a net jobs figure of 1,7421 jobs. The type of modern day large scale manufacturing and logistics businesses that are likely to locate on this site, tend to employ a range of managerial, professional, technical, skilled and unskilled manual staff at their sites. There are also estimated to be between 200 and 250 temporary construction jobs generated by the Whitebirk development.

The contribution to Gross Value Added resulting from the generated gross employment of 1,990 is estimated at an additional the generated gross employment is estimated at an additional £82.59 million (at 2014 prices). The additional spend on goods and services by these employees is estimated to be up to £5.3 million per annum within the surrounding area.

The Proposed Development will provide over 90,000m2 of new high quality buildings for both local and regional manufacturing and logistics companies will therefore create significant inward investment opportunities.

B1 – Office Uses

Policy KW1 of the Hyndburn Core Strategy identifies the land at Whitebirk for “higher value business development”. This allocation was made in the context of a planning application submitted in 2003 which provided for the development of over 25,000sqm of B1b (Research and Development) and over 21,000sqm of B1a uses (Light Industry). Whilst it would be highly desirable to achieve this mix of uses on the site, it is evident that the previous owners were not able to achieve this. Furthermore, the 2008 recession has had a significant impact on demand for employment premises in the area, in particular office developments. The applicant has submitted evidence from Trevor Dawson indicating that there are many high quality office developments in the area that remain empty. It would not normally be commercially viable (or sensible) to simply add to this number with more speculative office developments if there was little prospect of them being occupied.

The applicant maintains that continued emphasis upon B1 development at Whitebirk has become out of date in the present circumstances, believing that B1a office development should be focused in the town centres. The applicant also believes that the previous aspiration for a majority of B1b research and development on the site is unrealistic, observing that the BAE Samlesbury site located approximately 6 miles to the west is coming on stream and has the benefit of Enterprise Zone status. Such uses are effectively science park related and would need a major corporation such as BAE, or an academic institution like the University of Central Lancashire, as a partner. As a consequence, the applicant believes that this simply is not going to happen since there are better sites such as Cuerden at the west end of the M65 emerging, and the BAe sites at Warton and Samlesbury, which are better suited to these uses.

1 Taking into consideration factors such as leakage and deadweight.

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With regard to the development of B1 uses, there is little evidence to indicate that demand exists for high quality office developments of the type originally desired on this site, and that the supply of office developments in the area outstrips demand. This is aptly demonstrated by the presence of high quality offices at the rear of the Council offices in Accrington Town Centre that continue to remain unoccupied.

B8 – Warehousing and distribution / logistics

The applicant maintains that the pace of change in the logistics sector is intensifying, driven by the emergence of internet retail, click and collect, omni-channels, dark warehouses, retail returns, multi user facilities and parcel distribution etc., most of which were in their infancy or not even on the radar seven years ago. Consequently the applicant believes there is increasing demand for B8 Use Class accommodation from e-retailers and their parcel distributors. These new enquiries from the e-retailing sector tend to employ a far greater number of staff than traditional use class B8 users as a significant element of their operation is manual picking. Furthermore, these users tend to have a higher than normal office content which again provides significantly more jobs than the traditional B8 occupier.

The applicant advises that the drivers within this sector are very diverse, often internet based, with typical unit sizes from 300,000 sq ft – 500,000 sq ft, with minimum eaves heights of 12 m – 15 m being the norm and cross docking facilities being increasingly common. It is also not uncommon to see buildings in excess of 500,000 sq ft and as the market becomes more sophisticated purpose built accommodation is an increasingly common solution. GVA has advised that within the logistics sector demand is centred on motorway junctions in close proximity to both the local labour force and market place. Sites along the M65 corridor are no exception to this rule as evidenced by the activities at Walker Park and Burnley Bridge, were IT wholesaler Exertis is close to taking a bespoke unit of circa 500,000 sq ft.

It is evident that the principal activity over the past two years relates to buildings in the range 20,000m2 to 70,000m2 and sites in excess of 10ha, all primarily for B8 warehousing storage and distribution uses. Examples they cite are Revolution Park at Chorley, Kingsway Business Park at Rochdale and Omega at Warrington. These are examples where with flexible planning permission, the developer has installed infrastructure and these available sites have attracted large B8 warehousing occupiers. Examples such as Asda and THG at Omega, employ over 1,000 staff each.

With regard to the differences between B2 and B8 developments, the applicant advises that research conducted by GVA and Cranfield University in 2007 demonstrates that B8 jobs provide better rates of pay, more diversity and more GVA than jobs in the B2 manufacturing sector. If anything, given the advances made in B8 sector through the influence of the internet in the last 7 years the gap has got wider.

It is accepted that Whitebirk represents an excellent site for the development of B8 (warehousing and distribution) uses due to its accessibility to the motorway network and the changes in the logistics sector described , however, it is necessary to balance the proportion of the site developed for B8 and B2 uses. The trends observed by the applicant are

16 supported by evidence within Hyndburn, with the majority of new business floor space recently developed being for B8 uses, albeit in support of existing manufacturing companies.

B2 – Manufacturing uses

The applicant is proposing that Zones 2 and 3 are developed for B2 / B8 uses, although the figures submitted in the application form do not reflect this. In support of this, the applicant has observed that over a number of years, the trend has been for the manufacturing sector to decline (in terms of jobs) whilst the service sector has grown to become a far greater source of employment. In 2013, 13.2% of total employment in the Lancashire 14-authority area was classified as part of the manufacturing sector. For Great Britain the proportion was just 8.3%.

Notwithstanding this, evidence from the Office National Statistics still demonstrates that manufacturing remains on the key employment sectors in Hyndburn.

Although the applicant cites research conducted by GVA and Cranfield University in 2007 that demonstrated that B8 jobs provide better rates of pay, more diversity and more GVA than jobs in the B2 manufacturing sector, the manufacturing sector in Pennine Lancashire is well established and qualitative evidence from within the area suggests that many manufacturing companies are now seeking to develop or expand. This is being evidenced at Altham Business Park and Huncoat where a number of manufacturing companies are now developing new units.

The Lancashire Economic Plan, produced by the Lancashire Enterprise Partnership, sets out growth ambitions for the next 10 years with a focus on realising the potential of the whole of Lancashire. The applicant advises that independent economic analysis has highlighted the presence of business and industrial clusters in growth sectors across, and within, key locations in Lancashire. These sectors have the potential to deliver a scale of growth primarily focussed within the advanced engineering and manufacturing (AEM) sector. The analysis indicates core capabilities which Lancashire possesses, can be deployed within the aerospace, automotive and energy clusters, and their supply-chains, to sustain the existing economic base, underpin new growth and secure re-shoring opportunities from overseas.

The applicant recognises that the LEP's work to bring forward high quality opportunities consistent with market requirements indicates East Lancashire can grow its existing advanced manufacturing clusters and attract new industrial occupiers, if there are significant improvements in the local transport infrastructure. The Strategic Economic Plan notes that inter alia;  Manufacturing remains at the core of East Lancashire's economy and is a key part of Lancashire's industrial corridor, with high value advanced manufacturing activities and capabilities located within and along the M65 Growth Corridor from junction 4 onwards.  The M65 Growth Corridor, along with the principal urban towns, supports approximately 80% of East Lancashire jobs.

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 A number of global manufacturers including Rolls-Royce, Safran-Aircelle, Unison Engine Components, Weston EU, Euravia and Kaman, have either headquarters or significant operations based in the area. These companies, a number of whom are foreign-owned, have continued to re-invest significantly locally in their operations and play an active part in local economic growth.  The area is also host to a growing group of higher value industries, with aerospace, advanced manufacturing, advanced flexible materials, and digital and creative industries all featuring strongly. These high value industries mean that East Lancashire will play a key role in the economic repositioning of Lancashire.

In support of the proposals, Trevor Dawson and GVA have both considered the comparative health of the manufacturing sector and the prevailing issues facing that sector. There are now no opportunities for manufacturing businesses to buy land in excess of five acres on any of the recognised Business Parks in Blackburn and Hyndburn, the exception being the 4.6 acres on Shadsworth Business Park which is currently being marketed by Blackburn with Darwen. This has left the market to rely on the availability of existing windfall sites coming available. This remains the case and whilst there has been an adjustment in capital and rental values over the last five years, this has now reversed and we are seeing the levels prevailing in the period pre 2008.

2 3

1 4

Figure 2. Zones to be developed for employment uses – in pink.

Trevor Dawson is of the view that the lack of speculative new build, coupled with companies trapped in poor, secondary buildings, is producing the anomaly where there are a number of requirements where companies have reached capacity within their existing buildings and yet without expansion land will have requirements for in excess of 100,000 sq. ft. over the next two to three years. These are all based within a ten mile radius of Whitebirk. GVA considers

18 that for manufacturing a trend is for clustering to be increasingly common as manufacturers require their supplies to be in close proximity to the plant to ensure just in time delivery. Associated industries also cluster around the particular activity to take advantage of the synergies afforded.

At pre-application stage, the applicant was advised that the split between B8 and B2 should be approximately 60/40. Thus figure sought to recognise the growing importance of the logistics sector and the role this sector could play in making the site viable, coupled with the need to provide land that may be attractive to expanding manufacturing companies. The proposed split also recognised that office development was expected to represent a small percentage of the gross total floorspace. Unfortunately, there is a discrepancy between the figures submitted in the application form and those in the application form, the application form indicating that only 20% of the GFA would be for B2 uses when a higher figure is proposed in the supporting information. The applicant is proposing that 64% of the employment development would be B8 use but is also seeking flexibility on the remaining B2 uses on the basis that it is easier to attract businesses seeking B8 uses.

On the basis of the evidence provided and the prevailing economy of Pennine Lancashire, it is recommended that Zones 1 and 4 be utilised for B8 development whilst Zones 2 and 3 be developed for B2 development. This will be controlled through an appropriately worded planning condition.

Although the planning application is primarily concerned with the development of employment uses at the site, a variety of other uses are also proposed including a hotel (C1), petrol filling station (sui-generis) and associated forecourt shop (retail – A1), a hot food take-away (A5), Pub / restaurant (A3 / A4). This “commercial hub” is proposed at the entrance to the site off Whitebirk Roundabout, shown as Zones 5 and 6 on the plan at Figure 2 above. The applicant advises that the principal reason for including these uses is to provide facilities for the estimated 2,000 workers who will be employed on the site.

Although the previous planning application for this site made provision for some local retail uses, this proposal also includes a number of other uses which the National Planning Policy Framework considers to be town centre uses. Local planning authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date Local Plan. The approach taken by NPPF is supported by the development plan policies of Hyndburn and Blackburn with Darwen and it should be noted that Blackburn with Darwen Borough Council has objected to the proposed development on the grounds that that applicant has not undertaken a sequential assessment for these town centre uses.

In the light of the observations by Blackburn with Darwen Borough Council, further information has been submitted by the applicant in support of their proposals.

When considering the acceptability of these uses, it is important to consider the manner in which they will complement the development of the site for employment uses, as well the

19 location of the site in close proximity to the M65. The scale of the uses proposed is also important.

Hotel Development – C1

A 60 bed hotel is proposed at the entrance to the site. The applicant advises that this is intended to primarily serve staff and visitors to the Whitebirk development and the other employment areas to the north. It is considered to cater for a different market to Blackburn town centre, where a new 60 bed Premier Inn hotel is being built and will cater largely for tourist and leisure visitors to the town. There are budget hotels near to the Junction 4 of the M65 south of Blackburn, including a Premier Inn and a Travelodge, but there is no significant hotel on the eastern side of Blackburn, until one travels to the Mercure Dukenhalgh Hotel at Junction 7 of the M65.

Notwithstanding this, the proposed hotel is well located in relation to the motorway network and would contribute towards a mix of uses on this site. The applicant has also advised that the development of these uses will aid the viability of the proposals.

Since the hotel proposal is for only 2,000m2 maximum gross floor space, this is significantly less than the 2,500m2 threshold above which an impact assessment would be required.

Petrol filling station (PFS) and forecourt shop (sui-generis and A1)

In planning policy terms the development of a petrol filling station in this location does not raise any planning policy issues, and given the site’s location close to the M65 it is considered that this would be an ideal location for a petrol filling station.

It is proposed that the PFS is accompanied by the development of a retail shop (A!) which would have a floor space of approximately 300sqm. The applicant advises that this shop is not intended to compete with existing facilities in the area and this is unlikely because of its distance from them.

The proposed forecourt shop is some 750m from the nearest parade of local shops in Burnley Road. It is unlikely that workers on the Whitebirk site would walk to either these Burnley Road shops or the other nearest shops at Windsor Road. Conversely, the residents on the surrounding areas of Intack and Knuzden are unlikely to walk these distances to visit the forecourt shop on the Whitebirk site. The journey to and from the Windsor Road shops would not be possible by car because of the proposed traffic restriction on the site spine road preventing access to the Whitebirk site from Blackburn Road.

As a result of this travel distance issue, the proposed forecourt shop does not conflict with the planning policies of both Hyndburn and Blackburn with Darwen Council’s as it caters for local needs only and there is no alternative provision with a reasonable walking distance (500m). In these circumstances further sequential assessment of this local facility is not appropriate.

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It is important that a site of this scale has some local retail provision is provided at this site. In the absence of a local shop, workers and visitors to the site would need to travel some distance to other shops, giving rise to less sustainable travel patterns. The provision of a shop of the scale proposed is therefore considered acceptable in this location.

Pub / Restaurant / Hot food take-away (A3 / A4 / A5 Uses)

The proposal is for up to 1,000m2 of A3/A4/A5 uses probably comprising one public house/restaurant, one coffee shop and one drive through restaurant/hot food takeaway. These facilities are primarily intended to serve the 2,000 employees on the new development, but they would also usefully serve the employment area to the north comprising the Peel Retail Park, the Green Bank Business Park, the Glenfield Industrial Estate and the Whitebirk Industrial Estate. There is currently a lack of such facilities serving this large employment area. The development of a pub and a restaurant would help to provide improved local facilities for those working at, and visiting, the site.

It is unlikely that the employees of the new Whitebirk site and the existing employment area would travel into Blackburn town centre (3km) or Accrington town centre (6.75km) to use similar facilities at lunch time or after work. Suitable sites with adequate car parking within other nearer district centres in both Blackburn and Hyndburn are not readily available. Even if they were, it would not be sustainable for workers to travel off site to use them.

As the proposal is for only 1,000m2 maximum gross floor space of such food and drink uses, this is significantly less than the 2,500m2 threshold above which an impact assessment would be required.

It is recognised that national and local planning policy directs uses of this type towards town centres and local centres and the need to protect town centres is an important aim, however, Whitebirk is recognised as a strategic employment site and if the site is to attract high quality businesses and generate the jobs that are anticipated it must have the supporting facilities available nearby. Whilst there are likely to be sequentially preferable sites available for some of these uses, either together or separately, this would undermine the need for these uses in this location in support of businesses that choose to locate on Whitebirk as well as other near-by businesses. Notwithstanding this, it is not considered that the proposed uses are of a scale where they would have a significant impact on the vitality and viability of local centres. Overall the non-business uses remain ancillary and complementary in scale to the part of the site proposed to be developed as a business park. For these reasons, and those set out in the report, it is considered that they are acceptable.

Although Blackburn with Darwen Borough Council has raised concerns over the phasing of this part of the development, since this is located at the entrance to the site it would be necessary to ensure that it is developed at an early stage as a means of helping to market the remaining plots. The conditions attached to the permission will restrict the extent of the “town centre” uses that can be developed at the site.

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2. Access and Highways

It is proposed that the development will have its principal highway access at the northern end of the site, direct from the J6 M65 Whitebirk roundabout. From this signal controlled access, a spine road will be constructed running southwards through the site to provide access to the various development plots. A secondary site access is also to be provided to connect the spine road to Blackburn Road at its southern end. This secondary access will be designed so that it excludes use by HGV’s and staff private cars, whilst allowing buses, emergency vehicles, cyclists and pedestrians to use it.

When compared to the previous scheme for the site, the proposed development would generate significantly fewer trips at both morning peak (-69%) and evening peak (-60%) and the majority (90%) of the heavy goods vehicles that visit the site would enter and leave directly from the M65 motorway.

When considering the impact of the proposals on the highway network it is necessary to consider the following: i. The impact on the motorway network. The applicant has submitted a Transport Assessment as part of the planning application / Environmental Statement and the response of the Highways Agency will be an important consideration when assessing the acceptability of this impact; ii. The impact on the local road network in Hyndburn, Lancashire; iii. The impact on the local road network in Blackburn with Darwen; iv. The degree to which the site can be accessed by alternative means, other than by the car; v. Car parking, and; vi. Site construction. i. The Impact on the Motorway Network

The applicant has sought to ensure that Highways England has been involved in the development of the proposed scheme from the outset. Highways England has also been involved in the scoping of the Transport Assessment and this has helped to ensure that the proposals would not have an adverse impact on the free flow of the M65 motorway. Highways England is satisfied that the proposals are acceptable subject to a number of conditions.

Although Blackburn with Darwen Borough Council raise concerns in relation to the proportion of traffic that may be likely to approach the site from the south using the recently improved J5, the fact that the site is not accessible from the south coupled with the fact that it is directly accessible from Whitebirk Roundabout at J6 seems to make this unlikely. It is far easier to access the site using the motorway that from the network of local roads. This is a potential benefit of having a single access. The proposed development does not provide a through route, something that Highways England advised against when the previous planning application was being considered.

22 ii. The impact on the local highway network - Lancashire

Although a large proportion of the traffic that would be generated by the scheme would approach or leave the site using the motorway, there would also be some implications for the local road network. The applicant has submitted a Transport Assessment and the Highway Authority (LCC) has indicated that the trip rates for the overall site, whilst lower than what would otherwise be anticipated, are not unreasonable. The distribution modelling does not take into consideration those drivers that are not likely to use Whitebirk Roundabout but this would result in the numbers being over-estimated, which is not a problem. The junction modelling has been undertaken using correct software and up to date traffic data and the general junction parameters are not unreasonable.

The level of total traffic generation for this proposal is less than that which was previously considered and supported, and it is also noted that Lancashire County Council has worked on the development of this scheme with the applicant. A condition is nonetheless recommended that specifies the maximum gross floor areas that can be developed.

The main concerns raised by Lancashire County Council relate to the site access strategy. Concerns are raised about the nature of the through route and some of the potential implications of not being able to access the site from the south (Blackburn Road A671) by car, in particular the potential for on-street car parking on local roads. In this respect concerns are raised in relation to the extent that the proposed development satisfies paragraphs 30, 32, 34 and 37 of NPPF. It is recommended that these problems can be addressed by locating an area of car-parking off Blackburn Road, or by controlling access at either end of the site through the use of a gate house. Similar concerns have been raised by Blackburn with Darwen Borough Council.

The applicant does not believe that the proposed development will result in on-street car parking problems of the type envisaged by Lancashire County Council because of the proximity of the site entrance when travelling by car. Notwithstanding this, they have proposed that £70,000 be set aside through the s.106 agreement to implement remedial measures should they prove necessary. The development of a through route has not been supported by Highways England and has also raised considerable concerns from local residents, concerned about an increase in traffic and the site being used as a “rat-run”.

The impact of the development on local junctions and roundabouts has also been considered. The additional flows (as proposed) can be accommodated on the Whitebirk Signalised Roundabout without resulting in unacceptable delays, but a number of details should be made clear in the layout that would require approval. Although Lancashire Council have requested a three lane approach from the site onto the roundabout, the Transport Assessment indicates that there is sufficient capacity on this arm of the roundabout to allow two arms, although if a further lane is required at a later date there is adequate land to provide this.

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Further information is needed in respect of the design of the proposed Blackburn Road signalised junction. This can be addressed through a planning condition. The impacts on the other main junctions in the vicinity of the site are considered below:  Red Lion Roundabout (in BwDBC) – This junction should not suffer from adverse impacts although the level of delay and queuing may be greater than modelled.  Intack Signalised Junction (BwDBC) – Some issues have been raised in relation to air quality at this junction which is located within BwDBC (see below). The Transport assessment indicates that the impact of the proposed and assessed cumulative development on this junction is negligible.  Blackburn Road / Market Street / Henry Street – This junction is being remodelled as part of Pennine Reach and this work should provide sufficient capacity to support some development, such as that proposed.  Henry Street / Hyndburn Road / Dunkenhalgh Way – The Burnley Pendle growth corridor will deliver a scheme at this location which would provide suitable additional capacity.

In terms of the internal layout, the Highway Authority believe that the presence of a spine road through the site could be misleading as it could indicate a general through route. In addition: o The cycle provision needs to be clarified in the manner suggested. o Pedestrians and cyclists are not encouraged to use the east side of Whitebirk Roundabout for safety reasons. o Approach speeds to Zone 6 need to be reconsidered (a view not shared by the applicant). o The bus stop located south of Whitebirk Roundabout should be repositioned. o Gold rated bus stops should be located northbound and southbound in the middle of the site. These matters can be addressed through the use of an appropriate planning condition requiring detailed designs to be submitted prior to the commencement of development. iii. The impact of the development on the local highway network – Blackburn with Darwen.

Blackburn with Darwen Borough Council has raised concern in relation to the proximity of the site to the Intack Signalised Crossroads. This junction falls within a designated Air Quality Management Area (AQMA) and concerns have been raised in relation to potential increases in Nitrogen Dioxide at a number of points. The Transport Assessment indicates that there is a “negligible impact” on this junction and there would only be a few additional vehicles passing through it.

Blackburn with Darwen Borough Council has also raised concerns in relation to rat-running and over-spill parking in neighbouring residential areas. A financial contribution has been requested towards off-site parking measures (although it is unclear what these measures are, the applicant has agreed to this), as well as the following:  A shared cycle-pedestrian route is provided through the site with good access to each development. A condition is recommended to secure this.

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 Bus stops on Burnley Road and Accrington Road close to the site are up-graded to the Pennine Reach Gold Standard.

Planning conditions are proposed in respect of these matters. iv. The degree to which the site can be accessed by alternative means, other than by the car.

National Planning Policy Framework recognises that transport policies have an important role to play in facilitating sustainable development but also in contributing to wider sustainability and health objectives. NPPF states that the transport system needs to balanced in favour of sustainable transport modes, giving people real choice about how they travel.

The M65 corridor has been identified as the location where businesses are most likely to invest in Pennine Lancashire, the main reason for this being the presence of the motorway which offers ready access for customers, employees and product distribution, as well as being the main arterial route that connects the sub-region to neighbouring areas. However, it is recognised that motorways do not offer a good range of sustainable transport options and it is therefore necessary to consider the means by which the local road network can provide a greater choice about people travel to and from this site.

The site is not immediately accessible by rail, and it is therefore necessary to consider its accessibility by bus, cycle and on foot. When the planning application for the development of the site was submitted in 2003, the site was not particularly well served by public transport, and as a result Lancashire County Council sought a variety of infrastructure improvements which would be delivered by the applicant through the s.106 agreement at considerable cost. At the time, this proved a significant barrier to the site being developed.

Since that time, Lancashire County Council and Blackburn with Darwen Borough Council (with the support of Hyndburn) have worked to develop the Pennine Reach Scheme, and this now has the support of the Department for Transport and is in the process of being implemented.

Pennine Reach is a high quality bus scheme that connects Blackburn and Accrington with Rishton, Great Harwood, Clayton-le-Moors and other townships. One of the primary reasons why it was able to attract government support was that it sought to connect key employment sites with residential areas, improving the accessibility of those sites. Pennine Reach abuts the southern boundary of the site on Blackburn Road and also the northern boundary of the site on Whitebirk roundabout. The applicant is proposing the development of a new bus stop within the northern boundary of the site, and also on Blackburn Road. These would be developed to the Pennine Reach Gold standard. The site therefore has good access to high quality public transport facilities, in the manner envisaged by Pennine Reach.

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The applicant is also proposing a private shuttle-bus service through the site, depending upon the needs of the employers that ultimately develop their businesses at Whitebirk.

It is also proposed to integrate the site with existing cycle and pedestrian links. The applicant is proposing the development of an off-road cycle path through the site that would connect Blackburn Road with Whitebirk Roundabout. A shared cycle / footpath link is also proposed between the northern site access on Whitebirk Roundabout to the Leeds and Liverpool Canal, widening the existing route and providing new crossing facilities and signage/markings. An additional £60,000 is proposed in the s.106 agreement to improve the towing path along the Leeds and Liverpool Canal. A planning condition is also recommended which seeks to ensure details of cycle paths with the site are agreed prior to the commencement of development.

NPPF also states that all developments which generate significant amounts of movement should be required to provide a Travel Plan. This is also recognised as a way of seeking to reduce reliance on the car and encourage people to car share. The applicant has agreed to produce a travel plan and this would be included as part of the s.106 agreement. Both Lancashire County Council and Blackburn with Darwen Borough Council have supported the need for a Travel Plan and both have requested a financial contribution towards the cost of managing this.

The site would be accessible to pedestrians from the residential areas to the south, although it is recognised that those approaching from Intack / Whitebirk Road would have to walk to one of the site entrances, either on Blackburn Road or from Whitebirk Roundabout. The topography makes it difficult to incorporate a new access to the site from this direction. Although the access from the Whitebirk Roundabout is not ideal for pedestrians, it is important to recognise that there are few residential areas within walking distance of this access to the north of the site. v. Car / cycle Parking

Car parking will be provided in a manner consistent with the adopted standards. Although the submitted layouts indicate car parking for the employment uses at the level required for B8 uses (which is significantly lower than B2 uses), B2 uses will require more car parking and this will need to be shown at reserved matters stage. A planning condition has been recommended by Highways England in this respect. Cycle parking will also be addressed through the use of an appropriate planning condition. vi Site Construction

All construction works within the site should be accessed from Whitebirk Signalised Roundabout, with only services and junction construction to be taken from Blackburn Road. A planning condition is recommended in this respect.

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It is evident that Highways England, Lancashire County Council and Blackburn with Darwen Borough Council have carefully considered the highway impacts that are likely to arise from the proposed development. Although Lancashire County Council has indicated that they would wish to see a second site access onto Blackburn Road the applicant believes that a primary access point onto Whitebirk Roundabout is preferred. The potential development of a new access onto Blackburn Road has also raised concerns amongst the local community about an increase in traffic along Blackburn Road and the development of the main access onto Whitebirk Roundabout should help in this respect.

NPPF states2 that decisions should take account of whether….improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. The Transport Assessment concludes that “the proposed development will have no material adverse impact on the safety or operation of the adjacent highway network” and that “the development is in accordance with the transport policy tests for new developments as set out in NPPF paragraph 32.”

Although a variety of issues are raised by statutory consultees, it is considered that these can be adequately addressed through the use of appropriate planning conditions and measures proposed as part of the s.106 agreement.

3. Landscape and Visual Impact

Policy Env3 of the Hyndburn Core Strategy seeks to ensure that the design of new development is appropriate to the landscape character in which it is situated, and should contribute towards the conservation, enhancement or restoration of landscape character.

Chapter 6 of the Environmental Assessment considers the potential effects of the proposed development and associated public open space on existing landscape character, and the visual impacts of the proposed development on the local area. The impacts are considered during construction and also during operation of the development.

In order to establish the degree of any change that may arise from the development of the Site, it is important to understand the existing situation in terms of amenity, availability of views and the landscape character types associated with the local area. The assessment included a photographic record of 20 selected views from public vantage points. The Lancashire County Council Landscape Character Assessment, ‘A Landscape Strategy for Lancashire’, undertaken in 2000, identifies 21 separate Landscape Character Types (LCTs) across Lancashire, of which the Site is identified as being within ‘Type 6: Industrial Foothills and Valleys’. These types are further subdivided into a range of Landscape Character Areas (LCAs) and the Site is identified within Landscape Character Area 6a: Calder Valley LCA.

2 NPPF, para 32, final bullet point.

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The assessment concludes that visually, the site is well-related to the existing built edge of Whitebirk. The presence of the M65 motorway corridor, together with the urban edges to the south and west of the site, result in a relatively small visual envelope. Although distant visibility of the site is possible from public footpaths occupying elevated ground within the open countryside, the site is viewed largely against the existing built-up backdrop, in particular the rising backdrop of residential built form south of the site, and the existing industrial and commercial development off Whitebirk Road to the west of the site. Urban elements are ever present within views, notably pylons, the M65 motorway corridor and views towards existing industrial development. For residential properties along Richmond Crescent, where views towards the site are the most direct, the industrial edge of Blackburn is evident within the middle ground of views.

With the exception of the residential properties that immediately adjoin the site, few receptors will be aware of the open fields within the site at present. The extent of visibility is also significantly reduced during the summer months when trees will be in leaf.

In terms of the potential impact on the landscape, the Environmental Statement believes that the proposed development will have an inevitable effect on the landscape character of the site and its immediate surroundings due to the loss of an area of open agricultural land and its replacement with built form. However, the existing urban influences and presence of detracting elements, as well as the enclosure provided by the M65 motorway which separates the site and the existing edge of Blackburn from the wider open countryside to the east, limits the extent to which the change will be perceived. The key potential impacts on landscape character will be due to the loss of the internal hedgerow (albeit it in a degraded state), the loss of a section of the existing boundary hedgerow along the southern boundary (at Blackburn Road), the potential prominence of built form due to the high ground levels towards the south-eastern area of the site, and the introduction of built form of a scale and height that is uncharacteristic of the surroundings.

The potential visual impact of the development is also summarised by the Environmental Statement. Visual receptors are likely to notice the proposed built form as prominent within views, though not wholly uncharacteristic given the urban backdrop and established residential and commercial context. The effects will be worst for those residential properties situated directly opposite the southern site boundary, occupying an elevated position in relation to the site and with currently open views. The remaining visual receptor locations are influenced by existing urban detractors, intervening landform, built form or vegetation screening / filtering views, or views are partial/oblique.

The residential receptors opposite the southern site boundary (Richmond Crescent, Blackburn Road, Windsor Road, Brantwood Avenue, Hazel Grove, Avondale Avenue and Waverley Road) will experience the greatest magnitude of change in association with the construction activities (rated as High Adverse and High Medium in the Environmental Statement). Views will be direct, though partially screened in places by intervening built form and vegetation associated with the Old Mother Redcap public house. This can be partially mitigated through the layout of the site and the provision of a landscaped buffer zone between sensitive residential views and the proposed development, recognising that

28 landscaping will take some time to mature. There are also opportunities to take advantage of the levels on the site to help reduce the visual impact of the proposed buildings.

The magnitude of change in association with construction activities is considered to be high, resulting in temporary major adverse effects and it is important that these impacts are properly managed in line with best practice.

In response to consideration of the baseline landscape character and visual context, and review of the relevant policy context, a landscape opportunities and constraints plan has been developed to ensure that the proposed development responds to the local circumstances, incorporates the required mitigation and utilises opportunities for landscape enhancement.

The broad themes that have emerged and been incorporated into the EIA Parameters Plan include the following:  Locate the main vehicular entrance into the site on the northern site boundary to ensure that vehicular movements generated by the site during operation are within a location where road traffic is already a typical occurrence;  Restrict vehicular access into the site from Blackburn Road to avoid heavy traffic movements where residents along Richmond Crescent have direct views of Blackburn Road;  Protect and enhance the adjacent woodland at Abbott Clough through the incorporation of a development offset from the western site boundary and new woodland edge planting;  Provide new landscaping around the proposed attenuation pond to provide an area of visual interest and soften the appearance of the proposed built form towards the northern area of the site;

There is little doubt that the development of buildings of the scale proposed on an existing greenfield site will have a landscape and visual impact, however, the assessment believes that the site is well related to the existing urban areas and that the more significant visual and landscape impacts are localised to the settlement edge and near-by footpath. These impacts can be mitigated through the design/layout of the proposed development (which will be considered in more detail at reserved matters stage) and through the use of appropriate landscaping. It is important to recognise that the landscaping will take time to develop and mature, meaning that the visual impact of the buildings will slowly reduce with time as they become part of the developing landscape.

Although the landscaping strategy excludes tree planting from two areas of land to the west and east of the secondary access road from Blackburn Road on the basis that these areas may be developed at some time in the future, given the impacts that have been identified, it is recommended that the proposed tree planting is extended across these areas to help reduce the visual impact of the development on the residential properties opposite. A condition is recommended in this respect.

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The landscape and visual impacts that are likely to arise during construction are considered to be high, resulting in major adverse impacts (albeit for a temporary period), and it is important that these are properly managed during this time so that they do not give rise to nuisance or unacceptable impacts on local amenity. A condition is recommended in this respect.

4. Impact on local amenity – Noise, Vibration and Light

Policy Env7 of the Hyndburn Core Strategy and Policy E10 of the Hyndburn Local Plan 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. Good design also plays an important part in helping to mitigate these impacts. The southern boundary of the site is immediately 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.

The applicant has submitted a variety of assessments as part of the planning application / Environmental Statement and these will be considered in turn. Environmental Health Officers at Hyndburn Borough Council and Blackburn with Darwen Borough Council have been consulted on the application.

4a. Noise and Vibration

The noise and vibration assessment submitted as part of the Environmental Statement has considered the potential effects of noise and vibration from the proposed development on existing sensitive receptors during both the construction and operation of the scheme. The assessment has shown that:  Noise from the construction of the development may give rise to short term adverse impacts at the properties closest to the site, particularly where the works are close to the southern site boundary. A variety of operational measures are proposed as a means of managing this although it is recognised that this noise cannot be completely mitigated. A condition is recommended as a means of seeking to ensure best practice is employed during construction operations and local residents are kept informed by the developer.  Vibration from the construction works has the potential to generate perceptible effects at the residential properties closest to the site to the south and at the pub adjacent to the southern site boundary, but only where heavy engineering works occur in close proximity to the boundary;  Noise from construction traffic is likely to lead to a negligible increase in road traffic noise;  Noise from on-site operational activities may give rise to night-time adverse impacts at the residential properties to the south of the site, depending on the site layout, however, mitigation is available to address these impacts and this can be controlled through the implementation of design and operation measures on site and through the use of planning conditions to limit night time noise levels;

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 Noise from off-site operational traffic is likely to lead to a negligible increase in road traffic noise; and  Noise limits have been recommended for building services plant proposed at the site.

On the basis of the submitted assessment and the responses provided by the Environmental Health Officers at Hyndburn, and Blackburn with Darwen, it is considered that noise and vibration arising from the operation of the site during daytime hours would not give rise to an unacceptable adverse impact, but it would be necessary to control this through the imposition of appropriate conditions that require further assessments to be undertaken when more detailed applications are made for the development of individual units.

It is likely that the storage and distribution units will be operational on a 24hr basis. The submitted noise assessment has found that noise levels at night could give rise to adverse impacts at one particular residential property. To help reduce the level of night time noise at this property a number of mitigation measures are proposed:  either the level access doors at Unit 1 should be kept closed at night, or the internal space be partitioned so that the level access doors do not open onto internal areas with high levels of noise;  a 5 metre high barrier around the southern and eastern sides of the service yard of Unit 1; and,  a 3 metre barrier around the car park of Unit 4.

Managing the position of air-conditioning units / climate control units on the proposed buildings has also been identified as a means of helping to successfully manage noise. Notwithstanding this, it is recommended that a condition be imposed that limits the level of background noise, during day-time and night time hours, to a level recommended by the relevant British Standard.

The main impacts that have been identified by the applicant and local authority Environmental Health Officers would arise during construction activities. A condition is therefore recommended as a means of seeking to ensure that construction works are managed in line with best practice and do not give rise to an unacceptable impact on local amenity.

4b. Light

The proposed development will require lighting to allow future users of the business park to operate in a safe and secure environment. However, it is important that this does not result in light pollution that has an unacceptable adverse impact on near-by residential properties. External lighting within the development areas will be focussed on the car parks, distribution yards and access roads. When considering potential light impact it is also necessary to consider the impact of vehicle lights, particularly if the business units are operating on a 24hr basis. The lighting would not be used to illuminate areas that are used by bats for foraging.

The potential impact of lighting has been considered within the Environmental Statement and this has been assessed by the Environmental Health Officers of Hyndburn and

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Blackburn with Darwen Borough Council. The impacts associated with light have been directly related to the visual impacts that would arise from the development, meaning that the greatest impacts will be experienced by those people living on residential roads to the south of the site, namely Blackburn Road, Richmond Crescent, Windsor Road, Brantwood Avenue, Hazel Grove, Avondale and Waverly Road. The Environmental Statement believes that the residual obtrusive lighting effects will be minor adverse for the residential properties surrounding the site, subject to appropriate details being submitted. No objections have been raised by the Environmental Health Officers subject to appropriate conditions being imposed requiring the submission of a detailed scheme and programme of lighting.

The potential impact of vehicle lights has also been raised but no concerns have been raised by the Council’s Environmental Health Officer.

The applicant is also proposing that a site wide CCTV system will be installed for safety and security reasons across the site, in line with the principles advocated in “Secured by Design”. A condition is recommended in respect of this.

5. Ecology and Trees

The National Planning Policy Framework (NPPF) advises that local planning authorities should aim to conserve and enhance biodiversity by applying the following principles relevant to the proposed development:

 If significant harm resulting from a development cannot be avoided, adequately mitigated, or as a last resort, compensated for, then planning permission should be refused.  Opportunities to incorporate biodiversity in and around developments should be encouraged.  Planning permission should be refused for development resulting in loss or deterioration of irreplaceable habitats.

Policy Env2 of the Hyndburn Core Strategy takes a similar approach to ecological assets. 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 site is characteristic of the pastoral fields present within the Lancashire Plain and Valleys Natural Area but does not contain any of the semi-natural habitats such as mossland, flower rich meadow or ancient woodland listed as being present in the wider area. No European statutory sites are present within the study area and only one statutorily designated site, the Arran Trail Local Nature Reserve (LNR), is present within the study area. The Arran Trail LNR is present 470m south of the site and consists of a wildlife corridor through a housing estate. It has grassland with orchids, particularly large numbers of common spotted orchid, three man-made ponds and planted woodland. Smooth newt, frogs and common toad breed in the open water areas. The Knuzden Brook is located to the west of the site but crosses the north west corner. The LNR does not have any other designations which would imply higher or local ecological importance based on the habitats

32 present. Natural England are satisfied that the development will not have an adverse impact on any designated sites of ecological importance.

No non-statutory sites (known in Lancashire as Biological Heritage Sites - BHSs) are present within the study area. In terms of the Arran Train LNR, if mitigation as proposed is implemented there will be negligible effects to this LNR. In terms of habitats and flora, loss of semi- grassland habitat will be significant within the context of the Site, but subject to mitigation, there will be a minor positive effect to hedgerows and scrub. Ditches present within the site will be lost as a result of the development, however, compensation is being provided for this loss in the form of a balancing pond combined with a reed bed that is being developed as part of the sustainable drainage system for the site. It is considered that if mitigation is implemented in the manner proposed there will moderate adverse effect to ditches within the site context.

If mitigation is implemented, there will be a minor positive effect to Knuzden Brook. There will be negligible impact on badgers as a result of the Proposed Development. It is thought that there will be a minor positive effect on bats as a due to an increase in roosting features and foraging habitat within the site. A bat survey has recently been undertaken and no bats were recorded emerging from any of the derelict farm buildings on the site although some species of bats were recorded commuting across the site and foraging in sheltered areas with trees close by. A condition is therefore recommended that requires some compensation to be provided, for example, the provision of bat boxes on new buildings. The Council’s Ecological advisor is satisfied that an appropriately worded condition would be acceptable.

It is thought that there will be a minor positive effect on breeding birds as a result of the development due to an increase in nesting features and foraging habitat within the site.

As a result of the proposed development there will be a permanent loss of terrestrial habit for the Common Toad, but an increase in aquatic habitat. It is thought that this would represent a minor benefit to the common toad. If the mitigation within the chapter is implemented it is considered that there will be negligible impact on protected species.

The proposed development will not result in any impacts to statutory or non-statutory nature conservation designations. It is recognised that habitats would be lost resulting in a permanent impact at a site level. However, habitat creation (through landscaping and the development of sustainable drainage features) within the north, west and south of the site would, if designed and managed appropriately, provide valuable new habitats. While not like-for-like mitigation, habitats of higher value than those to be lost under the development footprint can be provided within the site.

Trees on the Site

The applicant has undertaken a tree survey as part of the Environmental Statement. The proposed development would result in the loss of a number of trees within the site, most of which are within hedgerows. The worst case tree loss predictions are not considered significant in arboricultural terms given the scope for extensive site-wide replacement

33 planting. New trees and hedgerows can be provided internally within the proposed development through the provision of new street trees, incidental landscape spaces and an internal arrangement of tree lined pedestrian and cycle routes.

New planting can serve to not only enhance existing features but also to create new habitats, filter views and break up the overall development with the creation of landscape buffers. A principal objective is also to link up areas of existing Green Infrastructure with new planting. A new landscape buffer along the site's southern boundary frontage onto Blackburn Road will incorporate new woodland coppice planting adjacent to the existing pumping station to link up to the existing woodland at Abbott's Clough with new native tree planting and open areas of grassland. New hedgerow whips and trees will also be planted to gap up and enhance the existing hedgerow along Blackburn Road to enhance connectivity with new woodland planting to the rear of the Old Mother Redcap public house to the south eastern site boundary serving to link up to the existing tree belt alongside the eastern boundary M65 motorway corridor.

The western, eastern and northern boundary woodland belts will all be retained with the implementation of development offsets in accordance with calculated root protection areas.

At this outline stage, the consideration of the potential tree loss against the provision of a carefully considered Green Infrastructure Strategy for the enhancement and strengthening of the existing arboricultural baseline environment, suggests that beneficial effects could be achieved through enhanced management and extensive new planting, with a potential for a net-gain in tree coverage on-site following completion of the development. These effects and the impact of scheme proposals will however depend upon the detailed design approach and the delivery of a design that addresses site access, drainage regime, detailed planting proposals, topographical alterations and microclimatic effects in more detail.

The Council’s Trees and Woodlands Officer is satisfied that the proposed landscaping scheme offers adequate compensation for that being lost. It is recommended that an appropriate planning conditions be imposed to ensure a high quality scheme and programme of landscaping is submitted.

6. Contaminated Land

Although most of the site comprises farmland that has not been developed in the past, a portion of land along the southern boundary of the site (on Blackburn Road) was once occupied by the Free Fountain Brewery and associated filter beds, the Redcap Paint Works, an electric plating works and several spoil heaps associated with brewery.

The Environmental Statement considers the ground conditions on the site and a Geo- environmental desk study report has also been submitted that considers the geology, hydrogeology, hydrology, flood risks, mining and radon risks. Although there are two coal seams, at 60m and 160m depth these are unlikely to present a low risk of subsidence and there would be little or no scope to extract the mineral that is present. The Coal Authority believe that any ground movement from these coal workings should have stopped by now.

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The report does identify a moderate risk with regard to contamination and recommends that further work is undertaken in respect of this, a view supported by both the Environment Agency and the Council’s Environmental Health Officer who have both requested that the applicant develop an appropriate remediation strategy for this area of the site which would be secured through the use of a planning condition.

7. Air Quality

Policy Env7 of the Hyndburn Core Strategy seeks to ensure that the material impacts arising by reason of traffic, emissions, pollution and other nuisances can be properly controlled in accordance with best practice and recognised standards. The National Planning Policy Framework advocates a similar approach, recognising the need to encourage solutions which support reductions in greenhouse gas emissions and reduce congestion.

An Air Quality Assessment has been undertaken in support of the planning application / Environmental Assessment. Although no Air Quality Management Areas (AQMS’s) have been declared in Hyndburn, Blackburn with Darwen has declared two AQMA’s in the vicinity of the site, the most relevant of which are at Intack (AQMA 1) which incorporates the junction of Blackburn Road / Whitebirk Road and Accrington Road, and Burnley Road (AQMA 8).

These areas have been declared AQMA’s due to exceedances of the NO2 objective.

There is potential for the proposed development to impact on air quality within the two AQMA’s and the Air Quality Assessment has therefore considered the impact of traffic on local air quality. The impacts are considered at the construction phase and the operational phase of the development.

Construction Impacts

During construction, the assessment believes that due to the proximity of nearby residential properties the site is considered to have a high risk of impacts due to dust soiling. Not only does the site have a large surface area, but the development of the site will require extensive earthworks and materials such as concrete is also a highly dusty material and can give rise to a significant amount of dust emissions during its use. There is also considered to be potential for materials to be tracked out onto the highway.

Although these impacts can be considered an inevitable consequence of development, given the scale of the site and the proximity of residential property, it is important that these operations are properly managed to mitigate these impacts to an acceptable level. This would be achieved through the implementation of a Dust Management Plan (DMP) which is required as part of the Construction Method Statement that is required by planning condition. The Environmental Statement sets out a number of ways in which dust emissions can be controlled during construction.

The Environmental Statement believes that during construction there will be a negligible impact on local NO2 and PM10 concentrations arising from construction vehicles.

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Operational Impacts

The Air Quality assessment has also considered the impact of traffic arising from the development on the two Air Quality Management Areas (AQMA’s) in Blackburn with Darwen. This is particularly important during the subsequent day to day operation of the site.

The modelling assessment that was undertaken has predicted annual mean NO2 concentrations below the annual mean objective of 40 μg/m3 at all the selected receptors with the exception of one, where concentrations are predicted to exceed the annual mean objective. Receptor 15 represents monitoring site DT46, which lies within the AQMA at the junction of Accrington Road and Burnley Road. Current monitoring shows a decline in NO2 concentrations at this site in recent years with concentrations in 2013 being below the objective. However, due to the pessimistic approach adopted within the modelling assessment the increase in traffic between the 2013 base and 2021 base scenario has resulted in NO2 concentrations above the objective.

Traffic generated by the development is predicted to increase annual mean NO2 concentrations by up to 0.4 μg/m3. A change in concentrations of 0.4 μg/m3 or less is classed as an ‘imperceptible’ change in air quality based on the IAQM guidance (Table 12.2). The impact of the proposed development on the selected sensitive receptors both within and outside the AQMA would therefore be negligible.

Notwithstanding this, the proposed Pennine Reach Scheme is expected to have a positive impact on NO2 concentrations in the future along Burnley Road and within the area designated as an AQMA. The predicted impact of the development would remain negligible in these locations.

The ADMS model is predicting annual mean PM10 concentrations ‘well below’ the objective at all 15 receptor locations. The highest concentrations are predicted at receptor 4 and receptor 15, both of which are within the designated AQMA. Traffic generated by The Project is predicted to increase annual mean PM10 concentrations by up to 0.1 μg/m3, an imperceptible change in concentrations.

It is therefore that this matter can be satisfactorily addressed through the use of appropriate planning conditions to control the generation of dust during the construction phase.

8. Drainage and Flood Risk

The Environmental Statemnt presents the results of an assessment of the impacts of the proposed development on drainage and flood risk. The assessment considers existing hydrological and hydro-geological conditions at and around the site, the potential and predicted impacts of development as proposed on drainage and flood risk, appropriate mitigation of identified significant adverse potential impacts, and residual impacts. The site slopes down to Knuzden Brook, which is the principal watercourse serving the locality, forms the western boundary of the site. Knuzden Brook is a tributary of the River Blakewater.

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The applicant has also submitted a Flood Risk Assessment (FRA) in support of the proposed development. Although the majority of the site falls within Flood Zone 1 (low probability of flooding), an area of land in the north west corner of the site adjacent to Knuzden Brook also falls with Zones 2 and 3 (higher risk). The proposed balancing pond, that forms part of the sustainable drainage system, is partially in Zone 2 but this use of land falls within the “less vulnerable” category and is therefore acceptable and does not require a sequential test.

The applicant is proposing the development of some very large buildings on site, as well as access roads and tracks, and it is important that surface water generated by these at peak periods of rainfall is properly managed and will not give rise to flooding. This will require the implementation of a positive surface water drainage system which will intercept run-off from roads and roofs before discharging at a rate below the existing values. A ground water drainage system is also recommended to prevent flooding from ground water. Since the application is at outline stage, standard conditions are proposed that require drainage details to be submitted prior to the commencement of development.

Although the Environment Agency originally objected to the proposed development because of the number of outfalls into Knuzden Brook that were proposed, the applicant has submitted further information and the Agency is no longer objecting provided there is only one outfall.

There are several surface water courses and springs evident on the surface. The Lead Local Flood Authority (LLFA - Lancashire County Council) has objected to the proposed development on the grounds that the proposed development involves removal of, and building over, several ordinary watercourses which contravenes Lancashire County Council Ordinary Watercourse Consenting and Enforcement Policy. Given that this application is at outline stage, it is recommended that a planning condition be imposed requiring the applicant to provide details of the proposed drainage scheme, and for this to be approved prior to the commencement of development.

The LLFA has also objected on the grounds that the watercourses act as natural drainage for surface water and provide attenuation, contrary to Hyndburn Local Plan 2012 Policy Env4: Sustainable Development and Climate Change, which indicates that sustainable drainage systems should be incorporated. In response, the applicant has advised that the watercourses that cross the site are simply land ditches constructed to drain the site.

Although the LLFA has also objected on the grounds that there will be significant loss of habitat for species should the watercourses be removed, the impact on ecology is considered in more detail in section 5 above and the loss of the ditches is not considered to be significant.

Although the applicant has developed an outline drainage strategy for the site which would better manage the flow of water from the site into Knuzden Brook, there are a number of issues that still need to be resolved. The applicant has addressed the concerns raised by the Environment Agency, but there is still a need to provide further detail in relation to the

37 treatment of ordinary watercourses on the site. There is no reason to believe this cannot be addressed and a planning condition is therefore recommended.

9. Historic Environment

The policy framework for the protection of heritage assets is provided by Policy Env6 of the Hyndburn Core Strategy and Section 12 of the National Planning Policy Framework. Generally speaking, the degree of protection afforded to heritage assets relates to the significance of the asset. There are no designated heritage assets (Scheduled Monuments, Listed Buildings, Registered Parks and Gardens, Conservation Areas or Registered Battlefields) recorded within the study site boundary.

In the surroundings of the Site, a Grade II Listed Building (Red Lion Inn) is located immediately to the north-west. A Grade II* and seven Grade II Listed Buildings are also recorded within the wider surroundings of the site. All the Listed Buildings (except the Red Lion Inn in Whitebirk Road) are situated sufficiently far enough away from the site so that no impacts upon their settings or significance are expected as a result of the Proposed Development.

There are a number of non-designated archaeological assets recorded within the site boundary; these mainly comprise late Medieval field boundaries, marl pits, a linear feature (of unknown date) and several standing (possibly boundary) stones of unknown date.

The assessment has considered that development of the site would not have any impact on designated assets (Scheduled Monuments, Registered Parks and Gardens, Conservation Areas or Registered Battlefields). Although a Grade II Listed Building lies to the north-west of the site, due to the topography of the landscape, the set-back nature of the proposed development and the location of a modern drive-through restaurant immediately to the east of the building, no additional impact upon either its setting or significance is anticipated. The assessment also considers that the site has a limited potential for archaeological evidence from all periods.

In line with the recommendations of the Heritage Assessment it is recommended that a planning condition be used to require the recording of some of the best examples of the banks and ditches along the pre-1785 field boundaries and any below ground remains associated with the Fountain Free Brewery/Paintworks. In addition, the three large monoliths, which may have been old boundary stones, may be requested to be removed to a suitable location in the vicinity for preservation and display. These could be incorporated into the landscaping of the site, for example as part of the landscaping on one of the roundabouts. This can be addressed through a planning condition.

10. Proposed s.106 Agreement

As part of the proposed development the applicant is proposing to enter into a s.106 agreement with the Council which will provide for the following:

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 Blackburn Road cycle link from southern site access to £75,000 Peronne Crescent;  Shared footway/ cycleway connection to Leeds/ Liverpool £60,000 Canal;  Travel Plan monitoring; £48,000  Travel Plan - Blackburn Road mitigation fund (in lieu of LCC £70,000 proposed southern car park);  Public Art Scheme. £30,000 Total £283,000

The s.106 agreement shall also provide for the maintenance of landscaping across the site and the maintenance of any roads, footways and cycleways that are not adopted by Lancashire County Council (the Highway Authority). The agreement will also provide for the maintenance of the drainage scheme.

In addition, the proposed off-site highway works are also proposed. These would be implemented through an agreement with Lancashire County Council under s.278 of the Highways Act (costs are approximate).

 Access to north (first 50m); £350,000  Traffic signals including new gantry across circulatory carriageway; £200,000  Blackburn Road access junction scheme; £250,000  Blackburn Road bus stop relocation/ improvements; £50,000  2 x Toucan crossings (Burnley Rd opp. Mc Donalds). £100,000 Total £950,000

11. Concerns raised by local residents

The planning application has attracted X letters from local residents raising a variety of concerns about the development. The proposed development occupies a large area of land which is currently undeveloped and which has been used for agriculture. The changes proposed will therefore significantly affect the site and its appearance.

The development of a single access from Whitebirk Roundabout should help to ensure that the development does not have an adverse impact on traffic levels along Blackburn Road or on the local roads to the south of the site. These issues have been considered by the Transport Assessment and by the applicant when designing the scheme. It is accepted that the development would result in an increase in heavy goods vehicle traffic to and from the site, but the majority of these vehicles would utilise the Whitebirk signal controlled roundabout, not local roads.

It is recognised that noise and dust could cause potential problems, particularly during construction, and for this reason planning conditions are proposed as a means of seeking to mitigate these impacts to an acceptable level. Although the risk of smells and odours from

39 the proposed hot food take-away has been raised, this would be located a considerable distance from residential properties and would not cause a nuisance.

The development is likely to result in the development of some very large buildings on the site and it is important that the design of these buildings is carefully considered at reserved matters stage. These will be clearly visible from properties to the south of the site and will change the outlook currently enjoyed by these properties. However, this outlook was set to change when the site was allocated for employment uses by the local plan, and more recently by the Hyndburn Core Strategy. Although concerns have been raised that these units would simply sit derelict or under-used, they are likely to be constructed as bespoke units for particular customers. This should mean that they will be properly utilised.

Local residents have also questioned why this site should be developed when there are so many brownfield site vacant. There is a need for modern, high quality employment sites in Pennine Lancashire and as the evidence submitted by the applicant has demonstrated, there is a shortage of large sites for developers to choose from. Whilst there are a number of brownfield sites across the area, the majority of these are in built up areas and do not have ready access to the motorway network and have a variety of ground constraints.

The report has considered issues such as ecology, light and traffic and it is believed that these matters are not going to give rise to unacceptable adverse impacts and can be controlled or mitigated through the use of planning conditions.

12. Conclusions

Planning law requires that planning applications should be determined in accordance with the development plan unless material considerations indicate otherwise. Land at Whitebirk has been allocated for employment use for many years and although the uses proposed are not entirely consistent with those envisaged by the Hyndburn Core Strategy the applicant has sought to justify the uses proposed. Subject to the proportions of the site being developed for B2 and B8 uses being properly controlled, it is considered that the development will deliver significant economic benefits to the sub-region and should therefore be supported. It is important that a reasonable proportion of the site is made available for B2 manufacturing uses, and the whole site is not developed for warehousing and distribution uses.

A variety of “town centre” uses are proposed at the entrance to the site. These are intended to support the main employment uses and are of a scale where they would not have an adverse impact on local centres or near-by town centres.

The Environmental Statement that was submitted alongside the planning application has considered the impacts that are likely to arise during construction and operational phases of the development. The proposed development will generate significant less traffic than that predicted by the 2003 proposals and Highways England is satisfied that the development will not have an adverse impact on the motorway network.

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Since the previous application was submitted, the Department of Transport has supported funding for the Pennine Reach high quality bus scheme. One of the principle aims of Pennine Reach was to connect employment sites with residential areas and Whitebirk benefits from the route of Pennine Reach passing immediately to the south, and to the north of the site. The applicant is proposing to improve infrastructure in and around the site to encourage people to access the site using Pennine Reach. Improved cycle and pedestrian routes are also proposed, in addition to a travel plan which would be implemented by future occupiers.

Although Lancashire County Council has raised concern about the site only having one main access, this appears to be a pragmatic approach that would help address some of the concerns raised by local residents about increases in vehicle numbers, and also address the concerns of Highways England in relation to fears about a through route becoming a “rat- run” to the M65. Some concerns have been raised in relation to an increase in on-street parking in residential areas and the applicant has offered a financial contribution to help control this, should it arise. Some off-site highway works are also required and these would be managed through an agreement under s.278 of the Highways Act.

The development will not have a significant impact on either of the Air Quality Management Areas in Blackburn with Darwen that are near the site.

The Environmental Statement has also considered the potential impacts on local amenity that are likely to arise during construction and operation of the site. It is important that noise is properly controlled and mitigation measures are implemented during both construction and operation. Details of site lighting also need to be carefully considered when the site is developed to ensure that it does not harm local amenity.

The development will have a landscape and visual impact and although landscaping is proposed as a means of mitigating this, it is important to recognise that landscaping will take several years to mature. The proposed buildings will be large and it is important that careful consideration is given to their design at reserved matters stage. The development of the site will involve the creation of several large development platforms involving large scale engineering works. These platforms will also need to be appropriately landscaped to help minimise their impact, a condition is recommended in this respect.

Some issues have been raised by statutory consultees in relation to drainage matters, however, it is considered that these can be addressed at the detailed design stage through the use of appropriate conditions.

For the reasons set out in the report it is considered that the applicant has satisfactorily addressed the issues presented by the development of this strategic site and the proposals can be supported subject to the conditions set out below and the applicant entering into a s.106 agreement that addresses the points set out in the report.

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Recommendation

That subject to the applicant entering into a s.106 agreement that covers those matters set out in the report and after taking into consideration the information contained within the Environmental Statement and supporting documents, that planning permission be granted subject to the following 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 4 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 hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details and any subsequently approved reserved matters.

Reason: For the avoidance of doubt and to define the permission.

3. The development shall be carried out in accordance with the following documents, unless first approved in writing by the local planning authority:

(a) The planning application forms and following additional information received by Hyndburn Borough Council on 5th May 2015:  Environmental Statement, Volume 1: Non-Technical Summary, Ancer Spa, April 2015;  Environmental Statement, Volume 2: Main Text, Ancer Spa, April 2015;  Whitebirk Employment Area, Design and Access Statement, pHp architects, April 2015;  Planning Statement, by Ancer Spa Ltd, April 2015, and Proposed Land Uses, Supplementary Statement by Ancer Spa Ltd, dated June 2015;  Statement of Community Involvement, by Ancer Spa Ltd, April 2015;  Economic Statement, Ancer Spa, April 2015;  Transport Assessment, Whitebirk Employment Site Blackburn, David Tucker Associates, April 2015;  Framework Travel Plan, Whitebirk Employment Site, David Tucker Associates, April 2015;  Whitebirk Employment Site, Technical Note 001;  Air Quality Assessment, Whitebirk Employment Site, Blackburn Road, Knuzden, Kairus Ltd, April 2015;  Ecological Appraisal for Whitebirk Employment Site, Tyler Grange, 30 April 2015, supported by Ecological Survey and Assessment May-July 2013 by Ribble Ecology;

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 Flood Risk Assessment, THDA Projects Ltd, April 2015;  Heritage Assessment, Whitebirk Employment Area Whitebirk Lancashire, CgMs Consulting, January 2015;  A Noise and Vibration Assessment for Whitebirk Employment Area, Blackburn Road, Knuzden, resound resources, April 2015;  Appendix 7: Findings of BS5837 Tree Quality Survey & Development Implications, Tyler Grange, April 2015.  Geoenvironmental Desk Study Report Whitebirk Blackburn, JPG Civil and Structural Engineering, August 2014;

(b) The following submitted drawings:  No. 4144-006 Rev P9, Preliminary Parameters Plan, Whitebirk Employment Area, Hyndburn / Blackburn, dated Oct 2014, pHp architects;  No. 14-0692 Dwg no 100 rev A, Whitebirk Employment Area, Drainage Strategy, dated Feb 2015.  Sustainable Connectivity Plan, Whitebirk Employment Site, Figure 1, Drawing No 16326 -03, prepared by David Tucker Associates;  Topographic Survey of land at Whitebirk 65, Blackburn. Dwg no A0 13C104/001 to 004 inclusive, dated May 13;  Green Infrastructure Plan for Whitebirk Employment Site, Dwg no 2378/P07b, dated April 2015 by Tyler Grange;  Proposed Northern Junction, 14-0692, dwg no 104 dated 30.4.2015 by THDA Projects;  Proposed Southern Junction, 14-0692, dwg no 105, dated 30.4.2015 by THDA Projects;  Location Plan, Whitebirk Employment Area Hyndburn / Blackburn, dwg no 4144-005 Rev P4, pHp architects;

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 the relevant policies of the Hyndburn Core Strategy, the Hyndburn Local Plan and the National Planning Policy Framework as set out in the informative to this permission.

Reserved Matters

4. a) Details of the reserved matters set out below (“the reserved matters”) shall be submitted to the Local Planning Authority for approval within three years from the date of this permission: (i) layout; (ii) scale; (iii) appearance, and; (iv) landscaping. b) The reserved matters shall be carried out as approved.

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c) Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 (as amended) of the Town & Country Planning Act 1990.

5. Prior to the commencement of development a scheme and programme for the phased development of the site shall be submitted to, and approved in writing by, the local planning authority. The submitted scheme and programme shall include the following: i. Details of the phased development of the site including the timing of the development of each Zone; ii. The phasing of the development of the “town centre” uses; iii. Details of the phasing of the landscaping of the site and a plan indicating those areas where advanced landscaping will be implemented; iv. Details of the implementation of the off-site highway works; v. Details of the implementation of the drainage works.

The development shall be implemented in accordance with the approved scheme and programme of phasing.

Reason: To provide for the phased development of the site, to protect local amenity and to ensure the off-site highway works are undertaken.

6. Prior to the commencement of development details of the off-site highway works to be implemented through an agreement made under s.278 of the Highways Act shall be submitted to the local planning authority for approval in writing.

No part of the development shall be occupied until the works set out in the agreement have been completed to the standard required by the agreement.

Reason: To ensure the highways infrastructure needed to service the site is developed to the required standard, and to comply with Policy E10 of the Hyndburn Local Plan and the National Planning Policy Framework.

Levels

7. Prior to the commencement of development, details of the existing and proposed levels across the site including finished slab levels of all proposed buildings shall be submitted to and approved in writing by the local planning authority.

Reason: No details of these matters have been submitted with the application and bearing in mind the topography of the site and to accord with Policy Env 7 of the Hyndburn Core Strategy.

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Highways – Highways England

8. There shall be no development pursuant to this planning permission exceeding the following gross floor areas in respect of the following uses: B1a Ancillary Offices 4,539m2 B2 Manufacturing 27,930m2 B8 Warehousing 59,145m2 C1 Hotel 1,820m2 A4 Drinking Establishments 585m2 A5 Hot food take-away 353m2 Petrol filling station and shop 390m2

Reason: To ensure that the M65 Motorway might continue to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road.

9. No development pursuant to this application shall be occupied until the highway improvements to the M65 Junction 6 roundabout have been completed in accordance with current highways standards (i.e. Design Manual for Roads & Bridges) or approved relaxations / departures from standard).

Reason: To ensure that the M65 Motorway might continue to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road.

10. No development pursuant to this application shall commence until the following construction details have been submitted to and approved by Highways England and the Local Planning Authority: i. A comprehensive, detailed drainage design and construction plan / method statement has been submitted. This should recognise the Highways England drainage asset along the eastern site boundary, including the drainage headwall to the motorway embankment. ii. A comprehensive, detailed levels and earthworks design and construction plan / method statement. iii. Details of planting and landscaping adjoining the boundary between the site and the motorway.

Reason: To ensure that the M65 Motorway might continue to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road.

11. There shall be no planting or structures introduced as part of this planning application within one metre of the motorway boundary fences or structures unless the written approval of Highways England is obtained.

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Reason: To ensure that the M65 Motorway might continue to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road.

12. There shall be no development on or adjacent to any motorway embankment that shall put any embankment or earthworks at risk.

Reason: To ensure that the M65 Motorway might continue to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road.

13. Access from the site to Highways England’s drainage, landscaping and boundary demarcation assets shall not be withheld for the purposes of maintenance and inspection by Highways England and its representatives provided reasonable Notice is given.

Reason: To ensure that the M65 Motorway might continue to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road.

14. No development pursuant to this application shall exceed the maximum parking levels permitted by Hyndburn Borough Council’s Adopted Car Parking Standards.

Reason: To ensure that the M65 Motorway might continue to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road.

15. No development shall commence until a method statement has been submitted to, and approved in writing by, the highway authorities (in consultation with the local planning authority). This will set out the proposed phasing of construction works, the proposed temporary traffic management arrangements, and the number and nature of associated vehicular traffic movements likely to be generated at each stage of the construction process. This will also include details of how construction traffic shall be managed and monitored to ensure that impacts on the safety and efficiency of the surrounding highway and motorway network are minimised throughout the construction process. The development works shall proceed in accordance with the approved details, unless agreed in writing by the local planning authority (in consultation with the highway authorities).

Reason: To ensure that the M65 Motorway might continue to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road.

Highways - Lancashire

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16. Prior to the commencement of development, the details of the design of the signalised junction on Blackburn Road A679 shall be submitted to and approved in writing by the local planning authority. The submitted details shall provide for the following: (i) Straight across pedestrian / cycle provision (no island); (ii) The junction to include on road and off road cycle provision; (iii) The location of the eastbound bus lay-by shall be east of the junction and shall provide for a Gold rated bus stop with an illuminated shelter and real- time information displays in line with that provided by the Pennine Reach Quality Bus Scheme; (iv) The programme of works.

The junction design shall be implemented in accordance with the approved details.

Reason: To ensure that the design of the junction reflects its proposed use and to ensure that it makes suitable provision for access by bus and cycle, in line with Policy T2 of the Hyndburn Core Strategy, Policy E10 of the Hyndburn Local Plan and the National Planning Policy Framework.

17. Prior to the commencement of development, the following details shall be submitted to, and approved in writing by, the local planning authority. The submitted details shall provide for the following: i. Details of the design, implementation and management of the measures to control traffic using the southern access to the site; ii. The off-site cycle ways to be provided that shall include; and, iii. The on-site cycle ways to be provided. The cycle ways shall be developed in accordance with the approved details.

Reason: To ensure that the site is accessible by different modes of transport and in accordance with Policy T2 of the Hyndburn Core Strategy, Policy E10 of the Hyndburn Local Plan and the National Planning Policy Framework.

18. In respect of each phase of development, no development shall commence until details of roads, pavements and paths have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: In the interests of visual amenity and good design, and to comply with Policy E10 of the Hyndburn Local Plan and the National Planning Policy Framework.

Cycle storage

19. No phase of the development hereby approved shall be brought into use until the following details which have first been submitted to and approved in writing by the local planning authority.

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i. cycle stands or secured covered cycle storage space to be provided for pedal cycles, and; ii. the changing facilities that will be made available for employees that choose to cycle. The approved facilities shall be installed in accordance with the approved details and retained thereafter.

Reason: To ensure that the development provides for the needs of cyclists and provides a choice of modes of transport in accordance with Policy T2 of the Hyndburn Core Strategy and the NPPF.

Off-site highway works

20. Notwithstanding the approved plans no development shall commence until full details (including a timetable for implementation) of all site access, emergency access and the off site works of highway improvement have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter accord with approved details.

Reason: In the interests of highway and pedestrian safety, in order to ensure that the final details of the highway scheme/works are acceptable before work commences on site and to accord with Policy Env 7 of the Hyndburn Core Strategy and the National Planning Policy Framework.

Construction Method Statement

21. No development shall commence, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement, measures and plans shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors; ii. loading and unloading of plant and materials; iii. storage of plant and materials used in constructing the development; iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; v. wheel washing facilities and their use. The approved facilities shall be installed before any engineering or construction work commences on site and shall be retained for the full construction period; vi. measures to control the emission of dust, dirt and other pollutants during construction, i.e., a Dust Management Plan; vii. a scheme for recycling/disposing of waste resulting from demolition and construction works; vii. the measures to be taken to prevent contamination; viii. the measures to be taken to control and mitigate noise and vibration.

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Reason: To protect local amenity and to prevent pollution, and in order to comply with Policy Env 7 of the Hyndburn Core Strategy.

Demolition, Site profiling preparation and construction phase

22. Demolition, site preparation / profiling and construction shall be undertaken in accordance with the following: i. Deliveries to and from the site should be restricted to between 0800 and 1800hrs Monday to Friday and between 0800 and 1300hrs on Saturdays. ii. Deliveries should not take place on Sundays and bank holidays. iii. Works should be restricted to between 0800 and 1800hrs Monday to Friday and 0800 and 1300 on Saturdays. iv. Works should not take place on Sundays and bank holidays. v. All works should be undertaken in accordance with BS5228:2009.

Reason- to ensure that site working only takes place during normal working hours in order to restrict the times during which any disturbance and nuisance may arise, in accordance with Policy Env7 of the Hyndburn Core Strategy and Policy E10 of the Hyndburn Local Plan.

Site Platform Management and Landscaping

23. Prior to the commencement of development, a scheme and programme of temporary landscaping of the development platforms and their maintenance, shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To avoid the public highway being affected by the deposit of mud and/or loose materials which could create a potential hazard to road users and to comply with Policy Env 7 of the Hyndburn Core Strategy and Policy E10 of the Hyndburn Local Plan.

Landscaping

24. The reserved matters application in respect of landscaping shall ensure that the site is landscaped in accordance with the principles set out in the Green Infrastructure Plan ref 2378/P07b, dated April 2015 by Tyler Grange, accompanying this outline planning application, except in relation to the Blackburn Road frontage where the entire frontage shall be appropriately landscaped in a manner consistent with that part of the frontage that is proposed to be landscaped.

Reason: In the interests of the visual amenity of near-by residential properties and in accordance with policies Env5 and Env7 of the Hyndburn Core Strategy, Policy E10 of the Hyndburn Local Plan and the National Planning Policy Framework.

Noise

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25. Prior to first use of any phase of the development, a noise assessment shall be submitted to and agreed by the local planning authority to demonstrate that the operational use of that phase of development will not exceed a rating level 2dB above the background sound level at any noise-sensitive receptor.

On completion of construction of that phase of development, when measured at any noise sensitive property, noise shall not exceed a rating level that exceeds 2dB above background levels.

Reason: In the interests of local amenity and in accordance with Policy Env7 of the Hyndburn Core Strategy and Policy E10 of the Hyndburn Local Plan.

External lighting

26. No development shall take place in any phase until details of the external lighting in that phase have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include details of the type of lights to be used, performance, the hours of use, height and spacing of columns, the angle of the lights, the light levels to be achieved over the areas to be lit and at the site boundaries, and the measures to be taken to prevent light spillage if necessary. The external lighting shall be installed in accordance with the approved details and thereby retained as such unless a variation is subsequently submitted to and approved in writing by the Local Planning Authority.

Reason: To prevent light pollution and to safeguard the amenities of the occupiers of adjoining properties and to comply with Policy Env 7 of the Hyndburn Core Strategy.

Contaminated Land

27. Prior to the commencement of development a scheme and programme that includes the following components to deal with the risks associated with contamination of the site shall be submitted to, and approved in writing, by the local planning authority:

i. A preliminary risk assessment which has identified: all previous uses; potential contaminants associated with those uses; a conceptual model of the site indicating sources, pathways and receptors; and potentially unacceptable risks arising from contamination at the site. ii. As advised in JPG Geoenvironmental Report of August 2014, a site investigation scheme, based on (i) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. The site investigation shall address the nature, degree and distribution of contamination and ground gases and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part 2A, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of the health and safety of site workers, of nearby occupied buildings, on services and landscaping schemes,

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and on wider environmental receptors including ecological systems and property. The sampling and analytical strategy shall be submitted to and be approved in writing by the LPA prior to the start of the site investigation survey. iii. The results of the site investigation and detailed risk assessment referred to in (ii) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. iv. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (iii) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. v. On completion of the development/remedial works, the developer shall submit written confirmation, in the form of a verification report, to the LPA, that all works were completed in accordance with the agreed Remediation Statement (iv). vi. The works shall be undertaken prior to the occupation of the units.

Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved. The desk study provided satisfies part (i) of the above condition, and recommends further intrusive site investigation.

Reason: To ensure that the site investigation and remediation strategy will not cause pollution of ground and surface waters both on and off site, and the site cannot be capable of being determined as contaminated land under Part 2A of the Environmental Protection Act 1990 in accordance with Policy Env7 of the Hyndburn Core Strategy, Policy E10 of the Hyndburn Local Plan and the National Planning Policy Framework.

Public Art

28. No development shall commence until scheme and timetable for the provision of on- site public art has been submitted to and approved in writing by the Local Planning Authority. The public art shall be provided in accordance with the approved details and timetable and thereafter retained.

Reason: In the interests of providing high a quality environment taking into account the NPPF and Policy Env 6 of the Hyndburn Core Strategy.

Refuse and recycling storage

29. No development shall take place in any phase until a scheme for the storage and refuse and recycling for that phase has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in full as approved prior to the first occupation of the development and the refuse and recycling storage facilities shall thereafter be retained for use at all times.

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Reason: To ensure the provision of satisfactory facilities for the storage of refuse and recycling and to comply with Policy Env 7 of the Hyndburn Core Strategy.

No outside storage

30. No goods/materials shall be stored on the site other than in the building(s) shown on the approved plans and the buildings that are subsequently approved by applications for reserved matters.

Reason: To ensure a satisfactory appearance of the site in the interests of local visual amenity and to comply with Policy Env 7 of the Hyndburn Core Strategy and Policy E10 of the Hyndburn Local Plan.

Mezzanine Floor

31. Apart from the development hereby approved no internal alterations shall be carried out to the building to increase the gross internal floor area of the development, including the introduction of mezzanine floors.

Reason - For the avoidance of doubt and to prevent a departure from the present size of retail sales floor area hereby permitted which could affect the vitality and viability of the primary shopping area within Accrington Town Centre and retail centres in other nearby settlements and in the interests of the proper planning of retail floor space within the Borough in accordance with Policy A2 of the Hyndburn Core Strategy and the NPPF.

Samples of roofing and facing materials

32. Prior to the commencement of each phase of development, samples of the external roofing and facing materials (including colour or render, paintwork and colourwash) shall be submitted to and approved in writing by the local planning authority. The development shall be constructed in accordance with the approved details/samples.

Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the locality and in order to comply with Policies Env 6 and Env 7 of the Hyndburn Core Strategy, Policy E10 of the Hyndburn Core Strategy and the National Planning Policy Framework.

Materials for Hard Surfacing

33. Prior to the commencement of the development hereby approved the hard surfacing areas shown on the approved plan(s) shall be surfaced with materials the details of which shall be submitted to and to approved in writing by the Local Planning Authority. The hard surfacing shall be completed in accordance with the agreed details prior to the first occupation of the development hereby approved.

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Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the locality and in order to comply with Policies Env 6 and Env 7 of the Hyndburn Core Strategy.

Fence/wall details

34. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with our without modification) details of the position, type and height of all fencing and walls to be erected on the site shall be submitted to and approved in writing by the local planning authority prior to installation.

Reason: In the interests of good design and the visual amenities of the area, and in order to comply with Policies Env 6 and Env 7 of the Hyndburn Core Strategy and the National Planning Policy Framework.

General Sustainability Measures

35. Prior to the commencement of each phase of the development details of sustainability measures to be incorporated into the development shall be submitted to and approved in writing by the Local Planning Authority. These details shall demonstrate how the development would be efficient in the use of energy, water and materials. The development shall be carried out in strict accordance with the approved details.

Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and to comply with Policy Env 4 of the Hyndburn Core Strategy and the National Planning Policy Framework.

Trees and Birds

36. No vehicles, equipment or materials may enter the site, and no construction work may commence on site until protective fencing has been erected around the trees to be retained on site. All existing trees shown on the plans hereby approved as being retained on site shall be protected by fencing in accordance with BS5837:1991 ‘Trees In Relation To Construction’, in accordance with a scheme and specification which shall have been submitted to and approved in writing by the local planning authority. Within the protected area(s) there shall not be carried out or permitted, during the construction period, any building or other operations, parking or passage of vehicles, or storage of building or other materials or any other object.

Reason: To ensure that the trees on the site are protected during construction works in the interests of local amenity, and in order to comply with saved Policy E3 of the Hyndburn Borough Local Plan and Policy Env 7 of the Hyndburn Core Strategy.

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37. Tree felling, vegetation clearance works, demolition work or other works that may affect nesting birds shall not be undertaken between March and July inclusive, unless the absence of nesting birds has been confirmed by further surveys or inspections approved by the Local Planning Authority.

Reason: In order to avoid adverse impacts on nesting birds and to comply with the Wildlife and Countryside Act 1981 (as amended), Policy Env2 of the Hyndburn Core Strategy and the National Planning Policy Framework.

Bats

38. Prior to the commencement of development of each phase, details of the measures to protect and encourage bats, including the provision of bat boxes, shall be submitted to, and approved in writing by, the local planning authority.

Reason: To compensate for the impact on bats and to comply with Policy Env2 of the Hyndburn Core Strategy and the National Planning Policy Framework.

Surface water drainage

39. Prior to being discharged into any water course, surface water sewer or soakaway system, all surface water drainage from parking areas, road and hardstandings shall be passed through trapped gullies to BS5911:1982 with an overall capacity compatible with the site being drained.

Reason: To prevent pollution of the water environment and to comply with Policy Env 7 of the Hyndburn Core Strategy.

Sustainable Urban Drainage Scheme (SUDS) submission of scheme

40. Prior to the commencement of development, a scheme and programme of surface water drainage works shall be submitted to and approved in writing by the Local Planning Authority.

Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in the National Planning Policy Framework, and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii. include a timetable for its implementation; iii. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public

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authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. iv. include details of the construction of the attenuation pond, it’s landscaping and maintenance and the measures to be taken to protect people from drowning; v. include details of the means by which existing watercourses and drainage ditches will be managed, and; vi. include details of the outfall into Knuzden Brook. Only one surface water outfall shall be permitted to Knuzden Brook which is designated a main river;

The surface water drainage system shall be implemented and maintained in accordance with the approved details.

Reason: To provide for the site to be drained in a sustainable manner and to prevent flooding, in accordance with the NPPF and Policy Env 7 of the Hyndburn Core Strategy.

Site Drainage

41. Prior to the commencement of each phase of the development, details of the surface water drainage scheme for that phase shall be submitted to and approved in writing by the local planning authority. The submitted scheme and programme shall provide the following: i. information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii. a timetable for its implementation; iii. a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime, and; iv. The means by which the drainage of that phase of the development will integrate with the sustainable drainage system for the entire site as set out by condition 35 above.

The surface water drainage system shall be implemented and maintained in accordance with the approved details.

Reason: To provide for the site to be drained in a sustainable manner and to prevent flooding, in accordance with the NPPF and Policy Env 7 of the Hyndburn Core Strategy.

Working hours

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42. Prior to the commencement of each phase of development, details of the working hours for those premises within that phase the premises shall be submitted to and agreed in writing by the Local Planning Authority.

Reason: In order to protect the residential amenities of the occupiers of the adjacent properties and to comply with Policy Env 7 of the Hyndburn Core Strategy.

Close Circuit Television (CCTV)

43. Prior to the commencement of development, details of the CCTV to be installed at the site shall be submitted to, and approved in writing, by the local planning authority. The submitted scheme shall include details of the locations of cameras, details of columns and other camera locations, phasing of development of the system, and the location and means by which the CCTV will be monitored. The approved details will be implemented for the duration of the development.

Reason: To provide a safe and secure site in a manner consistent with “Secured by Design” and Policy Env7 of the Hyndburn Core Strategy and the National Planning Policy Framework.

Restriction of use rights

44. Notwithstanding the figures in the planning application form, the premises shall only be used for the purposes set out below and for no other purpose, including any other purposes provided for by the Town & Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order with or without modification) unless agreed in writing by the local planning authority in consultation with Highways England. Zone 1 B8 Warehousing Zone 2 B1c / B2 Industry Zone 3 B1c / B2 Industry Zone 4 B8 Warehousing Zone 5 Petrol filling station including forecourt shop Zone 6 A3/A4/A5 and C1 Hotel

Reason: The Local Planning Authority would wish to retain control over any subsequent change of use of these premises in the interests of safeguarding the amenities and development of the area and to comply with Policy Env 7 of the Hyndburn Core Strategy.

Green Travel Plan

45. No building shall be occupied or used until such time as a Green Travel Plan has been submitted to and agreed in writing by the local planning authority. The plan shall include the following: (i) measures for the management of car use and on-site car parking;

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(ii) a strategy to secure and sustain decreases in car use for travel to, from and at work and increases in car sharing, public transport use, cycling and walking; (iii) details of the shuttle bus to be implemented on the site.

The Plan shall specify a plan period and contain relevant surveys, reviews and monitoring mechanisms and identify targets, timescales, phasing programme and management responsibilities. The approved Green Travel Plan shall be implemented and monitored in accordance with the approved details and the details within the accompanying s.106 agreement.

Reason: To ensure a transport choice is provided in order to comply with the NPPF and Policy Env 7 of the Hyndburn Core Strategy.

46. In respect of each phase of development, no development shall take place until a scheme and programme for electric vehicle charge points has been submitted to and approved in writing by the local planning authority. The approved electric vehicle charge points shall be implemented in accordance with the approved scheme and programme and thereafter retained.

Reason: In the interests of sustainability and to comply with Policy Env4 of the Hyndburn Core Strategy and the National Planning Policy Framework.

Spine Road

47. At no time in the future will the bus and sustainable transport link through the site be opened up as a public highway for all vehicular traffic. The link will remain solely for the use of pedestrians, cyclists, public transport, emergency services and winter/general maintenance vehicles.

Reason: To protect local amenity and in order to ensure that only traffic scenarios assessed as part of the planning application are permitted as a future use and to accord with Policy E10 of the Hyndburn Borough Local Plan, Policy Env 7 of the Hyndburn Core Strategy and NPPF.

Informatives

Reasons for approval of the application (General)

1. The proposed development is broadly consistent with the policies of the development plan and, subject to conditional control, the proposal would be acceptable in terms of amenity and would not cause demonstrable harm to highway safety or any other matter of acknowledged importance and accordingly would suitably accord with local and national planning policies that are set out below.

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Strict accordance with approved plans

2. This planning permission is granted in strict accordance with the approved plans. It should be noted however that: (a) Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. (b) You or your agent or any other person responsible for implementing this permission should inform Development Control immediately of any proposed variation from the approved plans and ask to be advised as to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new planning application.

Condition precedent

3. This consent is granted subject to conditions and it is the owner and the person responsible for the implementation of the development who will be fully responsible for their compliance throughout the development and beyond. If there is a condition that requires work to be carried out or details to be approved prior to the commencement of the development this is called a "condition precedent". The following should be noted with regards to conditions precedent: (a) If a condition precedent is not complied with, the whole of the development will be unauthorised and you may be liable to enforcement action. (b) In addition if a condition precedent is breached, the development is unauthorised and the only way to rectify the development is the submission of a new application. If any other type of condition is breached then you will be liable to a breach of condition notice.

Building Regulations

4. The enclosed approval is issued under the Town & Country Planning Act 1990. You may also require Building Regulation approval which is dealt with by this Department's Building Control Section (Tel: 01254 380194). You must ensure that all necessary permissions are obtained BEFORE starting work, otherwise abortive expense may be incurred.

List of Relevant Planning Policies

5. The following policies of the Hyndburn Borough Local Plan, Hyndburn Core Strategy, Accrington Area Action Plan and National Planning Policies are considered to be relevant: 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

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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 Local Plan Policy I1 Employment Development Sites Policy I2 Employment Development within the Urban Boundary Policy E3 Retention of trees and hedgerows Policy E10 Development Criteria Policy E15 Public Art

National Planning Policy Framework

Achieving sustainable development 2. Building a strong, competitive economy 5. Promoting sustainable transport 7. Requiring good design 8. Promoting healthy communities 10. Meeting the challenge of climate change, flooding and coastal change 11. Conserving the natural environment

National Planning Practice Guidance ID 4 Environmental Impact Assessment ID5 Renewable and Low Carbon Energy ID 6 Climate Change ID 7 Flood Risk ID 23b Planning Obligations ID 26 Design ID 30 Noise ID 31 Light Pollution ID 32 Air Quality ID 33 Land affected by contamination ID 34 Water supply, waste water and water quality ID 42 Travel plans, transport assessments and statements in decision taking ID 53 Health and well-being

Other Policy Guidance Hyndburn Borough Council Adopted Car Parking Standards.

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Appendix 1 – Full Responses from Statutory Consultees

Blackburn with Darwen Borough Council

Thank you for contacting Blackburn with Darwen Borough Council regarding the above planning application. Blackburn with Darwen Borough Council acknowledges the significant importance of the site as a key employment development which will provide opportunities for the people of this Borough.

We would like to offer the following comments, and also put forward our objection for the reason set out below.

Procedural

Small parts of the site overlap the Borough Boundary into Blackburn with Darwen, and therefore the boundary should be altered to ensure that none of the application site overlaps the Borough Boundary.

Alternatively, an equivalent application should be submitted to Blackburn with Darwen for assessment. In its present form, the application is invalid and therefore this matter should be rectified as a priority.

Principle of the Proposed Uses

B1c/B2/B8 Employment Uses

The site which is illustrated on the submitted location plan is the Whitebirk Strategic Employment Site, which was identified as an employment site by the 1996 Hyndburn Local Plan. The North West Development Agency subsequently highlighted it as a Regionally Important Strategic Site approximately 15 years ago, and although development has not yet taken place it remains a strategically important site which is key to the success of Pennine Lancashire’s transformation objectives and is also a priority for the Lancashire Enterprise Partnership.

The site is identified with the Blackburn with Darwen Core Strategy as “Lantern Park” (para. 7.9), and a proportion of it is expected to contribute towards the employment land supply for Blackburn with Darwen. Hyndburn’s Core Strategy also recognises this issue, and your statement in November 2014 confirmed that there is no objection to 12.8 ha (38%) of the site being apportioned to Blackburn with Darwen’s employment land needs.

The site was considered as part of the 2013 Employment Land Review for Blackburn with Darwen, which concluded that the site will be extremely important in helping the local economy to grow given the relatively limited number of prestige sites close to motorway junctions in the sub-region. Furthermore, the site will provide a significant proportion of Blackburn with Darwen’s employment land requirements to 2026.

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For these reasons, Blackburn with Darwen Borough Council strongly supports and encourages the development of the Whitebirk Strategic Employment Site for employment purposes (B1c, B2 and B8).

C1/A3/A4/A5 Uses

In addition to the B-class employment uses, the outline application proposes C1, A3, A4 and A5 uses. It is accepted that a number of supporting uses may be necessary to enable the delivery of the site, but as noted at pre-application stage, it should be clearly demonstrated through evidence accompanying the planning application that the specific uses proposed are required to secure the development of the wider site. Furthermore, employment should remain the primary use of the site.

The submitted details do not address these concerns, and therefore Blackburn with Darwen Borough Council objects to this element of the application because a stand-alone service area could be created which has not been suitably assessed in terms of its impact on nearby town centres.

In order to overcome our objection, and also to prevent the creation of a stand-alone area containing these “main town centre uses” and justify why the scheme has not included a sequential or impact assessment, the proposal should include a robust mechanism such as a Section 106 legal agreement to ensure that: a) A suitable phasing programme is secured; and b) The proportion of “main town centre uses” occupying the site is limited to a specific maximum, for example less than 5% of total floor area in use at the site (the details currently show 3.4% of the development comprising non-B-class uses).

Transport

Proximity to Intack Signalised Crossroads

Of particular concern to Blackburn with Darwen Council is the proximity of the site, and the proposed southern entrance of the site, to the Intack Signalised crossroads which is located approximately 0.5km away.

This junction falls within a designated Air Quality Management Area (AQMA). The Council is particularly concerned about the amount of increases in Nitrogen Dioxide at AQMA number 5 (Whitebirk Road, Accrington Road, Shadsworth Road junction) at receptors 3, 4, 5, 6 and 7. The Transport Assessment shows that there is a “negligible impact” on this junction and table 15 “Intack Signalised Crossroads Junction Assessment” shows a handful of additional vehicles passing through this junction as a result of the development (tables with / without development).

Site Accesses

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The Council wishes to challenge the assumptions that have been made in relation to the split of traffic accessing the site from the north and southern entrances. Whilst Junction 6 has had significant additional capacity built into it from the 2008 £3m ERDF scheme, Junction 5 is now being similarly improved with a £2.5m Pinch Point investment from BwDBC and the DfT. This could induce additional traffic into the southern entrance / exit from junction 5 in addition to commuters / service vehicles coming direct from Blackburn Town Centre / urban area and from Accrington / Church / Great Harwood.

The proposal provides a through-route for drivers travelling to Junction 6 from the south, and therefore it is suggested that this should be re-considered perhaps through the inclusion of a barrier, as was proposed previously.

The Council would also challenge statement 3.3.1 within the Travel Plan document (appendix C) about the site having “good accessibility by foot due to the well-established existing pedestrian network”. Whilst pedestrian access from the south is direct from the A679 and could be considered reasonable, access from the north is more problematic due to Junction 6 of the M65, despite changes and improvements which were introduced as part of the 2008 ERDF £3m scheme to widen and fully signalise Whitebirk Roundabout, simply due to the site’s distance from housing and public transport facilities.

Travel Plan

The Council’s CONNECT project, funded by the Department for Transport’s Local Sustainable Transport Fund programme (LSTF) would wish to support the submitted Travel Plan and work directly with developers, employers and the appointed Travel Plan Co- ordinator (section 5.2) to ensure that the 10% mode shift reduction target (against the baseline mode share of 67%) in car use for employees on the site is achieved within the 5 year implementation period - against the baseline mode share of 67%. Similarly, the Council would see the CONNECT project being centrally involved in the establishment of the collation of data to establish the base mode share for the site and associated car driver figures on opening and the following six monthly review. Funding for on-going monitoring of the travel plan should be secured through the Section 106 agreement.

The Council would also like to highlight the following issues contained within the Framework Travel Plan (Appendix C 4.6.4 table 4):  “Opportunities for providing a staff shuttle bus, which could be operated at peak times to the destinations and home origins that cater for the greatest numbers of employees, will be considered.”  “Consideration will be given to providing allocated car parking for car-sharers. These would be provided in a priority location near to the main entrances.”  “Consideration will be given to the provision of further facilities for cyclists, for instance changing areas and showers.”

The Council would want to see these proposals firmed up – and not merely for consideration, especially in the case of allocated parking for car sharers from the outset and

63 the insistence of the availability of changing areas, showers and secure cycle parking from day 1. Furthermore, the travel plan should include consideration of the construction period.

Given the likelihood that parking on the site will be in great demand, previous experience suggests that occupiers of the development should consider parking management and sustainable travel policies from the outset, ranging from car sharing spaces to introduction of workplace user charging, the proceeds of which being used to offset costs of public transport to other employees. Given experience of similar peripheral employment sites on the outskirts of Blackburn, parking is always in high demand, and the opportunities to facilitate modal shift to public transport and walking are limited, even though this site is bounded to the north and south by frequent bus routes.

The Section 106 agreement shows the following:  3. Sustainable Transport Improvement Works; and  3.1 Six months prior to the Occupation of Zone 1 of the Development, to pay the Sustainable Transport Contribution to the County Council.

The original Section 106 contribution contained approx. £1m for bus services and a shuttle service between Accrington Road and Red Lion Roundabout with corresponding transport infrastructure provision to facilitate interchange. I note that this is no longer being offered and the Section 106 seems to be simply based on the Travel plan and a sustainable transport contribution to LCC which is not quantified.

Air Quality, Residential Amenity and Contaminated Land

Please find enclosed with this letter detailed comments from our Public Protection team in relation to these important matters.

Conclusion

Whilst Blackburn with Darwen Borough Council supports employment development at the site, we object to the proposal in its current form due to a lack of appropriate phasing in terms of the proposed “main town centre uses”.

Furthermore, additional consideration needs to be given to the potential transport impacts to allow appropriate mitigation to be captured.

Blackburn with Darwen BC Environmental Health

The following comments relate to the air quality assessment submitted in support of 11/15/0154 - project reference AQ051296, revision V4 FINAL

Construction Phase:

The report considers the impact of construction activity on local air quality using an appropriate assessment methodology. It identifies a high risk of dust soiling and raised PM10

64 concentrations. However, it also concludes that the residual impact will be negligible if appropriate mitigation measures are implemented. This is a reasonable conclusion. It is recommended that there is a site-specific dust management plan, agreed with the Authority prior to the commencement of the development, and that the plan is implemented for the duration of the construction phase.

Operational Phase:

This air quality assessment relates to an outline proposal, and as such there is a level of uncertainty which makes it difficult to reliably predict and assess the impact of the proposed development upon air quality. Changes in the anticipated road layout, vehicle movements, and the introduction of point source emissions at the proposed industrial and commercial premises have the potential to alter the modelled outcomes.

The DMRB screening model predicts an increase in NO2 exposure within two nearby Air Quality Management Areas (AQMAs). 2014 levels of pollution within one of these AQMAs already exceeds the relevant national air quality objective (this information was not available at the scoping stage). The impact is considered to be negligible. This increase is not an automatic justification for refusal, but it is a concern. In light of this, and the size/complexity of the road network, it would be appropriate to reassess the impact on air quality using a local scale dispersion modelling. This would reduce the level of uncertainty associated with the modelling. Examples of suitable local scale dispersion model can be found in EPUK guidance.

The air quality assessment recognises the need to consider committed development but, with the exception of Pennine Reach, no committed developments have been identified (but some are identified in the Transport assessment). The report states that ‘these changes have not been modelled as part of this assessment as it is not known in detail how the scheme will affect traffic flows in the future’. Remodelling will allow Pennine Reach and other committed developments to be adequately considered.

No link is established between the traffic data in the air quality report and the transport assessment. The traffic figures in the Transport Assessment are in a different format, so no direct comparison can be made between the two assessments. Is the developer able to demonstrate that the traffic data used in air quality assessment is in agreement with the traffic data in the Traffic Assessment?

Additional information

The following aspects of the air quality report were considered when compiling the above comments:

Acoustic Assessment:

Construction Phase

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The Noise and Vibration Assessment (April, 2015) indicates that there will be short-term adverse impacts. These impacts should be mitigated in accordance with British Standard (BS) 5228:2009 ‘Code of practice for noise and vibration control on construction and open sites’.

Operational Phase

The Environmental Statement (April, 2015), Vol.2: Main Text, Chapter 13: ’Noise and Vibration’ – ‘On-site Operational Noise’ (pp.17- 25) applies some assumptions that may have affected the accuracy of the BS4142:2014 assessment, these include:  Activities within buildings will generate 75dB  Site buildings will provide 35dB sound reduction

Additionally, at the EIA Scoping Report review stage, we raised concern about the selected background noise monitoring locations ie the lack of monitoring at the rear of Maricourt Avenue/ Perone Crescent, Blackburn.

I would recommend further monitoring to inform a revised BS4142:2014 assessment which minimises the use of assumptions in respect of the proposed B2 & B8 uses. Other potentially noisy site uses may require alternative methods of assessment - if they are not within the scope of BS4142.

Light Pollution:

Site floodlighting must comply with the Institute of Lighting Professionals ‘Guidance notes for the reduction of obtrusive light’ particularly in respect of luminaire light intensity (glare) visible at residential premises. Env. Statement - Chapter 14: ‘Lighting’ recognises that glare must be assessed and minimised; light trespass is unlikely to affect residents of BwDBC.

Air Quality:

Comments are provided separately – see doc. ‘Comments Relating to Whitebirk Employment Site Air Quality Assessment’.

1. General information Location (in/close to According to the assessment - ‘The Intack AQMA (AQMA 1) AQMA or near incorporates the junction of Blackburn Road, Whitebirk exceedence area? Road and Accrington Road, approximately 0.25 km to the west of the Site. An AQMA has also been declared at the junction of Accrington Road and Burnley Road (AQMA 8)

due to exceedences of the NO2 objective. There is the potential for the development proposals to impact air quality within the two AQMA therefore an assessment of traffic related impact on local air quality has been undertaken.’ This seems a reasonable summary of situation re local exceedances.

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Nearest receptor & Existing residential. No new receptors introduced. distance

AQMA emission Traffic emissions. NO2 and PM10 modelled – a reasonable sources? approach. Potential for new point sources such as biomass boilers, and B2 industrial point sources. Difficult to assess as an outline application. Size of ‘Four warehouses for B2 or B8 uses with associated office development/residential accommodation and parking facilities with a total floor area units? of 92,143 m2. Additional units would also be provided at the northern end of the Site for a mix of uses such as a hotel, gastro pub, coffee shop and office accommodation. A central spine road would be included through the Site linking the Whitebirk Roundabout to the north with Blackburn Road to the south, although the road would only be accessible by on-site users and would not form part of the general road network.’ Previous/proposed Not specified in report, but other documents indicate it is land-use? predominantly agricultural land.

2. Air quality concerns Criteria Comment

Exposure Introduction of new Potential increase in existing exposure considered. No new exposure? Increase in relevant receptors introduced existing exposure? Emissions Increase in AADT AADT and %HDV figures for baseline and ‘completion year’ (>5% on 10,000 of 2021 with and without. (% increase not identified in AADT?) report, but 2021 ‘with’ AADT increase is <5% when compared to 2012 ‘without’ scenario Expected parking This is an outline proposal for a major development with a requirements (>300 considerable number of car and HGV parking spaces. Some additional or new of the spaces (eg. at the take-away) will be high turnover spaces, increase of parking spaces. 25% or in particular increase in short term/HGV parking) Increase in number of Not discussed in report. Increase anticipated. Impacts on trips? (>10% issues like trip, speeds, congestion, vehicle mix may be significant) adequately discussed in TA but no link is established between TA data and data used in air quality assessment. Impact on local traffic Not discussed in report – increase anticipated speeds? (+/- 10 kph)

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Impact on vehicle mix Not discussed in report – increase on some roads locally? (increases in anticipated HGVs particularly significantly) Increase in congestion Not discussed in report – increase on some roads locally? anticipated

Anticipated increase in Yes local [NO2] during operation? Anticipated increase in Yes local [PM10] during operation? Anticipated increase in Yes – dust is a major concern. dust or LAQM pollutants during construction phase? (likely to impact on AQOs) Other Increased industrial Yes, as B2 uses included in the outline proposal, but no polluting activity? detail provided as only outline. Impact on likely fuel Not discussed use (i.e. boiler and heating systems; make note of CHP) Other issues – e.g. Not discussed (But is a potential concern as outline odour application with unspecified B2 use).

3. Air quality assessment (AQA) outcomes Report AQA (stand- Application accompanied by an Environmental Statement. alone/ES/EIA/SA)? Modelled scenarios 2013 - the most recent monitoring data at the time of scoping 2012 – date of completion Is it a phased development? Could mode year of opening? Not a major issue as 2013 emission factors / backgrounds used Baseline Are appropriate Table 4.2 - baseline AADT and %HDV baseline conditions described? Is this done at suitable Yes receptors?

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Monitoring Is monitoring data A three month survey has been conducted, but the properly presented and equivalent annual means can’t be calculated as the UK-Air adjusted (bias, annual website is down. means, etc.)? The report states that ‘due to considerable seasonal variation in NO2 concentrations comparison of a three month average against the annual mean objective should be treated with caution.’ EPUK guidance states that monitoring should ideally be carried out for a minimum of six months. The local 3 month monitoring isn’t regarded as reliable (Fortunately, there is long-term monitoring data available which can be used). Is monitoring at Yes suitable receptors? Modelling Which model has been DMRB – a screening model. The intention to undertake used? DMRB assessment identified at scoping stage. However, given the scale and complexity of the development, and the complexity of the surrounding road network, a local scale dispersion model is more likely to provide a more representative prediction of exposure. Has model input data  Traffic data – Source of data identified. No link established been adequately between the traffic data in the report and the transport described (traffic flows, assessment. Report says the model uses ‘traffic flow data % HDV, speeds, and vehicle related emission factors’. Table 4.2 provides canyons, which roads model input AADT and %HDV figures for baseline and are modelled, met ‘completion year’ of 2021. Speeds at receptors provided in data, background Table 4.4. No mention of how vehicle speeds have been concentrations, etc.)? used in the modelling, or speed sensitivity testing.  Pennine Reach road modifications not modelled  Canyons, met data – not applicable  Appropriate choice of background concentrations. Are all model Using 2013 backgrounds for 2021 - a reasonable worst assumptions clear and case approach reasonable? Is modelling verified Yes – against monitoring data and adjusted adequately? Assessment Conclusions Data compared against Yes suitable objectives? Outcomes as Reasonably, but unexpected uncertainty due to scale and anticipated? complexity of development, and because Pennine Reach / other committed developments haven’t been included. (Also 2014 exceedance at AQMA 1, but this information was not available at the time of the scoping exercise).

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Cumulative impacts Section 3.3.3 recognises the need to consider committed from committed development. No committed developments are identified development other than changes associated with Pennine Reach. Report identified? states that ‘these changes have not been modelled as part of this assessment as it is not known in detail how the scheme will affect traffic flows in the future’. Comments relating to the impact of the changes were limited to a ‘ qualitative review’. No other committed developments were identified in the report. Significance criteria EPUK and IAQM significance criteria used – an appropriate used approach. Significance of High risk of dust soiling and raised PM10 concentrations Construction phase (without mitigation)

Significance of Predicted NO2 and PM10 exposures below objective at all Operational phase receptors. Predicted ‘negligible’ increase in exposure at AQMAs.

4. Impact mitigation & Management (construction phase) Proposals for removing / reducing Appendix C identified what it considers to impacts? be ‘highly recommended measures’ Appropriateness? Not a site specific plan. Assumes that there will be a Dust Management Plan Likely impact on local air quality? Negligible with appropriate dust management plan – a reasonable conclusion

5. Impact mitigation & management (operational phase) Proposals for removing/reducing Report concludes that mitigation isn’t impacts? considered appropriate as impact Appropriateness? ‘negligible’ Likely impact on local air quality?

6. Assessing significance of planning application

Conclusions re construction phase - The report concludes that without appropriate mitigation there will be a high risk of dust soiling and raised PM10 concentrations. Impact negligible with appropriate dust management plan. A reasonable conclusion. The report assumes that there will be a Dust Management Plan.

Conclusions re operational phase - Predicted exposures below objective at all receptors. Predicted ‘negligible’ increase in exposure within AQMAs.

Uncertainty relating to committed developments. Concern re the ability of DMRB to adequately predict for such a complex road network, parking, etc. And, is the traffic data in agreement with the data in the TA?

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Contaminated Land:

I have reviewed the Geoenvironmental Desk Study Report (JPG. Civil and Structural Engineering, August 2014, reference RM/DS/4701.v1) submitted with the above outline application from the point of view of Blackburn with Darwen Council.

This desk based report refers to a number of intrusive investigations which are not available online at this stage. These include: Roscoe Capita Environmental. Geoenvironmental Investigation and Assessment of site Whitebirk SRD, Blackburn. Ref MC3786/GEIA/JPD/Aug 2003. Arc Environmental ;td. Gas Monitoring at Whitebirk, Blackburn. Ref 13-207.01L, dated 3rd December 2013.

The JPS Desk Study concludes that an intrusive ground investigation is required, something I’m in agreement with. However the Environmental Statement refers to a: JPG Civil and Structural Engineering Geoenvironmental Ground Investigation (report reference RJM/GI/4701.V1 dated December 2014).

The above report is presumably the recommended follow up investigation to the JPG Desk Study carried out a few month earlier. To carry out a complete assessment of the potential impacts of the outline app in the Blackburn Borough I’d need to review all the above documents. The review below is based only on information obtained from the only available document at the time, the 2014 Desk Study.

Gas monitoring has been carried out but it is unclear from the Desk Top summary where the gas monitoring points were. Accrington Road landfill (Our ref k1/10/047) sits within the Blackburn with Darwen Borough and lies on the south western border of the proposed development site. Elevated levels of ground gas were detected. The site is outlined in red and labelled PS154 on the map below. If not already done, some of the gas monitoring locations should be placed so as to intercept any potential pathway of ground gas from this source to the proposed new receptor development at Whitebirk.

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Def

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CRESCENT

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Boro Const Bdy

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ED & Ward Bdy PS153 CR 152.7m 20 TCB

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80 401 458 391 399 6 393

8 383 WINDSOR ROAD 3 3 2 385 149.1m 4 381 2 379

ACCRINGTON ROAD Guide Post

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1 1 TCB 148.6m 377

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PTP 1 2

LYNDHU RST AVENUE GP 34 11

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Barnfield House

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14 46 PS154

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Knuzden Brook 60

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Path PS155

PS840 71

In addition to the landfill above there are several potential sources of contamination/ground gas on the north-west border of the proposed development site. These are marked on the map below and are as follows: PS 147 Colliery, PS 149 Chemical Works, PS 152 Infilled

PS136 Reservoir. Monitoring should be carried out on this border to determine whether there has

been any migration PS144of ground contamination/gas into the proposed development zone.

PS145 Greenbank Bridge

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A 678 Admin PS146

Is s ues Pond

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In addition to these historical sources an old bleach works, marked in pink hatching, was found to contain significant quantities of asbestos insulation. Our records indicate tenders were invited for removal of the asbestos installations in 2003. Photos taken at the time indicate significant external contamination and potential windblown contamination. Given the prevailed wind directions in this location there is potential for asbestos to have contaminated the proposed development site in this area. As such, if not already carried out, I would strongly recommend the soils in the appropriate areas being investigated for asbestos contamination and remediated if necessary.

Knuzden Brook occupies the western border of the site and is a potential receptor for any contamination mobilised or introduced during the development of the site. This will be monitored and regulated by the Environment Agency.

The Desk Study proposes active venting to buildings in the area of BH15, presumably this is due to an aggressive gas regime in this location. Given the potential sources of ground gas in this area the gas regime must be well characterised over a wide range of atmospheric conditions to know which parts of the sites are suitable for passive and active venting. This will be regulated by Hyndburn Council.

In conclusion, providing on site good practises such as dampening down of ground during development to prevent wind-blown contamination are practised. There should not be a significant risk to Blackburn with Darwen receptors from contamination on this site.

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Blackburn with Darwen BC – Highways Observations

As regards issues relating to the provision of a through route, I’m of the opinion that without a further assessment of the wider traffic impact of both options it would be difficult to make a judgement on a preferred option. That said our main concern in relation to the BwD network would be the Intack AQMA as highlighted in the attached.

Rat-running and overspill parking into neighbouring residential areas is a concern, although this could potentially be overcome by ensuring adequate levels of parking across the site and by introducing appropriate restrictions or controlled parking zones within these residential areas.

Whilst the site is located conveniently for access to the M65 it is important that the site should be highly accessible by all modes with high quality facilities provided to support walking, cycling and public transport. Should members be minded to approve the application we would request that in addition to contributions towards off-site parking measures:

- that a shared cycle-pedestrian route be provided through the site (either along Knuzden Brook or adjacent to the spine road) with good access to each development to complement the East Lancashire Strategic Cycle Network proposals for the area; and

- that bus stops on Burnley Road and Accrington Road close to the site be upgraded to the Pennine Reach ‘Gold’ standard (please see standard detail file attached).

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Highways England

Referring to the notification of a planning application dated 13th May 2015 referenced above, in connection with the M65 Motorway for major outline consent for a mixed employment development comprising industrial and logistics floor space (Use Classes B1c, B2 and B8) together with a drive through hot food take away (Class A5), Pub/Restaurant (Class A3/A4) a hotel (Class C1), and a petrol filling station including a forecourt shop (sui generis use) together with primary highway access to the Whitebirk Roundabout and secondary access to Blackburn Road and all other matters reserved on land to the south of the Whitebirk Drive and to the west of the M65 motorway at Junction 6, notice is hereby given that Highways England’s formal recommendation is that we:

c) recommend that conditions should be attached to any planning permission that may be granted (see Annex A – Highways England recommended Planning Conditions);

Should you decide to not accept this Recommendation you have 21 days to make a challenge, through referral to the Secretary of State for Transport (SoSfT).

HIGHWAYS ENGLAND (“we”) has been appointed by the Secretary of State for Transport as strategic highway company under the provisions of the Infrastructure Act 2015 and is the highway authority, traffic authority and street authority for the Strategic Road Network (SRN). The SRN is a critical national asset and as such works to ensure that it operates and is managed in the public interest, both in respect of current activities and needs as well as in providing effective stewardship of its long-term operation and integrity.

This document represents our formal recommendation with regard to planning application reference 11/15/0154 and has been prepared by Warren Hilton. We were consulted at pre- application stage by the applicant in and met with them on 25th February 2015 in order discuss the scope of their Transport Assessment and advise on its content.

Highways England first issued its formal response to this planning application on 22nd May 2015, which recommended that the application was not determined until at least 22nd June 2015 in order for the applicant to provide some additional information regarding the traffic impact of the proposals for Highways England to consider.

Having now considered this additional information, Highways England is now satisfied that the development as proposed would not have an adverse traffic impact upon the SRN. In consequence of this, Highways England now recommends that Hyndburn Borough Council grant approval to this application subject to the following conditions:

1. There shall be no development pursuant to this planning permission exceeding the GFA levels for each of the uses as stated in Section 18 of the planning application form submitted for this development.

2. No development pursuant to this application shall be occupied until the highway improvements to the M65 Junction 6 roundabout have been completed in accordance

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with current highways standards (i.e. Design Manual for Roads & Bridges) or approved relaxations / departures from standard).

3. No development pursuant to this application shall commence until a the following construction details have been submitted to and approved by Highways England and the local planning authority: i. A comprehensive, detailed drainage design and construction plan / method statement has been submitted. This should recognise the Highways England drainage asset along the eastern site boundary, including the drainage headwall to the motorway embankment. ii. A comprehensive, detailed levels and earthworks design and construction plan / method statement. iii. Details of planting and landscaping adjoining the boundary between the site and the motorway.

4. There shall be no planting or structures introduced as part of this planning application within one metre of the motorway boundary fences or structures unless the written approval of Highways England is obtained.

5. There shall be no development on or adjacent to any motorway embankment that shall put any embankment or earthworks at risk.

6. Access from the site to Highways England’s drainage, landscaping and boundary demarcation assets shall not be withheld for the purposes of maintenance and inspection by Highways England and its representatives provided reasonable Notice is given.

7. No development pursuant to this application shall exceed the maximum parking levels permitted by Lancashire County Council’s Adopted Car Parking Standards.

8. No development shall commence until a method statement has been submitted to, and approved in writing by, the highway authorities (in consultation with the local planning authority). This will set out the proposed phasing of construction works, the proposed temporary traffic management arrangements, and the number and nature of associated vehicular traffic movements likely to be generated at each stage of the construction process. This will also include details of how construction traffic shall be managed and monitored to ensure that impacts on the safety and efficiency of the surrounding highway and motorway network are minimised throughout the construction process. The development works shall proceed in accordance with the approved details, unless agreed in writing by the local planning authority (in consultation with the highway authorities).

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The conditions set out above are made to ensure that the M65 Motorway might continue to fulfil its purpose as part of the national system of routes for through traffic, in accordance with Section 10 (2) of the Highways Act 1980, maintaining the safety of traffic on the road.

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Lancashire County Council (Highways)

I refer to the above application and would like to thank you for the opportunity to comment on the proposal. Lancashire County Council (LCC) is responsible for providing and maintaining a safe and reliable local highway network in Hyndburn. It is acknowledged that this site also influences highways that are controlled and maintained by Highways England (HE) and Blackburn with Darwen Borough Council. With this in mind the present and proposed traffic systems have been considered to highlight areas of concern that, potentially, could cause problems for the public, cyclists, public transport and motorists that will influence movement on the network as a whole, irrespective of the highway authority responsible.

LCC does support sustainable development, the location of this site does have the benefit of being close to the strategic network whilst also close to the built environment adjacent. The site was identified as an employment site and included in the Hyndburn Local Plan 1996, it was also deemed a Regionally Important Site (RIS) by the then North West Development Agency (NWDA). I am also aware that the site has been identified by Blackburn with Darwen in its Core Strategy as being important to contribute towards employment and its local economy. LCC does have some concerns given the scale of development and traffic issues on the highway network, which have been explored by the developers transport consultants. The level of total traffic generation for this proposal is less than that which was previously considered and supported (subject to signing the s106), however I must note this proposal does include a greater gross floor area (GFA).

LCC Highways have a good understanding of the traffic issues on the local network and also on that managed by HE and Blackburn with Darwen. There are a number of junctions that would be influenced by this development that currently suffer from a level of congestion at various periods of the day. Any development that increases vehicle movements in such locations will exacerbate conditions. Therefore, in such circumstances, where additional impact from development results in increased queuing and delay on the network it will be expected that the developer will be required to clearly demonstrate the expected impact and where necessary provide measures to mitigate the impact.

LCC does embraces a one team approach, working closely with developers and planning authorities, and in this regard for this proposal have provided feedback throughout the pre- application stage highlighting concerns in regard to the area of influence, generation, distribution, access strategy, internal layout and necessary requirements to satisfy the National Planning Policy Framework (NPPF).

Development Proposal

This application is in outline with means of access (vehicular) being the only detailed matter. All vehicle access is served off Whitebirk Signalised Roundabout (linking the A678, A6119 & M65) and a sustainable access is provided off Blackburn Road (A679).

The TA indicates a net area of 27.655HA with a total floor space of 95,563m2 which includes in Zone 1. Logistic (B8) 44,018m2, Zones 2, 3&4. Industry/logistics 48,397m2, Zone 5. PFS

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390m2, Zone 6. Drive through 353m2, Pub/Restaurant 585m2, Hotel 1,820m2. If development is supported this needs to be linked appropriately to a planning condition with GFA as maximums. However these GFA's are not consistent with those highlighted on the Preliminary Parameters Plan 4144-006 Rev P7.

For the avoidance of doubt these comments only consider the level of development proposed and takes no account of any changes to that proposed whether to GFA's, or to the access strategy.

Site Access Strategy

The TA states that 'the primary point for vehicle access to the development will be off Whitebirk Roundabout', this is a misleading statement as it indicates a secondary vehicle access point. The A679 Blackburn Road access location is for pedestrians, cyclists and buses only and controlled by a bus gate. This highway arrangement as suggested does not support a through route for motorised vehicles (excluding any buses that would route through the site) and therefore the site would operate as an employment zone with full public utility being limited up to and including the roundabout served off Whitebirk Signalised Roundabout junction. Note the level of public utility does influence that which can be considered for adoption being maintained at public expense.

The Indicative Masterplan Drg. 4144-004 P17 has been included as supporting information but does state it is not issued for planning approval. Notwithstanding its intended lack of status it does offer an example of the potential layout. With a spine road linking both the Whitebirk signalised roundabout with Blackburn Road, as stated previously, this could be misleading as it highlights a general through route. The length of internal road (with cycle/footway provision) between existing corridors is around 800m. Supporting the access strategy, a sustainability connectivity plan (Figure 1 of the TA) has been produced which highlights locations of existing bus stops on Burnley Road (A678), Blackburn Road (A679 & A678) and Whitebirk Road (A6119). This plan also includes a proposed foot/cycleway linking the site to Whitebirk north of the Leeds Liverpool Canal. (the developer will fund these changes) The sustainability of site is considered in more detail in the sustainability sections of these comments below.

Unfortunately the site only provides connectivity to corridors to the north and south of the site and no sustainable provision to the west i.e. Whitebirk Road. Whilst I note the masterplan is an indicative plan, if delivered explicitly as suggested it could result in permeability and integration issues to the existing built environment. For example, some local sustainable employees would have to walk greater distances of around 600m to the centre of the site from a central location on Whitebirk Road. If a direct route cannot be provided they may choose to use the private motorcar, thus influencing the sites sustainability.

Having regard to the location of the site with its vehicle access served off the large Whitebirk signalised roundabout, the junction is does include a number of circulating lanes and is the access point to the strategic network. It is a known statistic that some drivers, with less confidence, do not use motorways or large junctions that connect to the motorway network.

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Whilst this was highlighted during the pre-application discussions no consideration/provision has been given to these users. In addition approximately 20-25% of users could access the site from the south using local roads. However, as no direct vehicular access or parking provision has been provided from the south, this will require these drivers to travel further than necessary to access the site.

It is reasonable to consider that a number of these car drivers which use local roads; whether less confident or accessing there site from the south will park their vehicles on the existing network of streets, including residential streets, this is a weakness of the access strategy. These points as stated above have been discussed with the developer during pre- application discussions and is a serious concern. It is considered that the application as presented does not fully satisfy a number paragraphs within the NPPF:  as encouragement should be given to solutions which support reductions in greehhouse gasses and emissions and reduce congestion (NPPF 30);  I do not consider a suitable means of access to the site can be achieved for all people (NPPF Para 32) and  that developments that generate significant movement are located (including access) where the need to travel will be minimised…..(NPPF Para34)  people can be encouraged to minimise journey lengths for employment, shopping, leisure……….(NPPF Para 37)

I am aware that a number of vehicle drivers do currently use residential streets to bypass key congested junctions (rat-running). However, this existing specific use of the network (quantum of rat-running) has not been analysed. As no vehicle access is being offered from the south, existing drivers do not have the opportunity to re-route. This has a two-fold impact, being:  Limits opportunity for existing vehicles on the network to re-route  Does not provide opportunities, such as those to potentially improve air quality.  I am aware that there is an Air Quality Management Area in close proximity to the development, it is important that poor air quality is not exacerbated by development or in delivering development (with its access strategy) does not just relocate the issue elsewhere.

There are 2 options to overcome my concerns as highlighted above, being:

1. Provide car park accessed directly from Blackburn Road which will provide 20-25% of site car parking provision 2. Control access to the spine road by a barrier controlled gate house at either end, this can support site security and control vehicles using each access/egress point.

A third option could be considered, being to allow a through route. This however would need to be supported by complex analysis with consideration to impacts on rat-running. I must highlight that only option 1 was discussed with the developer during pre-application discussions.

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It must be noted that during pre-application discussions and also as evidenced in this statutory consultee response that LCC have worked proactively with the applicant with an aim to secure development that does improve the economic, social and environmental conditions of the area and that LCC Highways have activity looked for solutions rather than problems. This approach is in line with the NPPF.

Whitebirk Signalised roundabout Access (all vehicles)

The proposed access via the existing signalised Whitebirk roundabout is highlighted on Drg 14-0692 104. A number of the principles have previously been discussed during the pre- application stages. The complex junction has been modelled using 'Linsig' which is the correct propriety software. The basic model setup is not unreasonable i.e. input parameters, however it has not been correctly used/run, which does influence the results.

Note: The method to correctly model this junction is an iterative approach. The entry arms should be run up to 90 deg sat and then the offsets should be adjusted with the aim being to cater for circulatory queuing that is able to fit in the lane length.

The junction modelling as presented is not accepted, however as part of the LCC review and understanding of this complex junction the additional flows (as proposed) with an appropriate layout (as defined by LCC in this location as local highway authority) can be accommodated without resulting in unacceptable delays.

With regard to layout the following MUST be included in any approved layout and delivered: 1. For the avoidance of doubt whilst Drg 16326-01 G (and not as referenced in the TA) does highlight toucan crossing facilities across the A678 eastbound entry and westbound exit arm at the signalised roundabout and some cycle provision. I must note this provision is not replicated on the Whitebirk access plan. 2. Whilst Drg 16326-01 G (note the Drg No in the TA is incorrect) does offer a remarking scheme making changes to circulatory lanes, this scheme is not accepted by LCC for reasons highlighted above. 3. The exact position for the new Toucan on the exit arm to Blackburn will be determined at detail design stage. Its position is dependent on signal staging such as whether traffic is run from the new arm in to a red light at the toucan, or the new stream is at red whilst the Toucan runs. 4. For the avoidance of doubt the layout will require a new gantry arrangement across the circulatory carriageway for the new arm. 5. The signalised roundabout is on the Pennine Reach bus service and changes at the new arm would need to cater for the Traffic Light Priority system. 6. The modelling (not supported) indicates that the two lane approach is acceptable for current predicted flows. However, from a practicality and operational perspective (excluding the modelling presented which is not accepted) three approach lanes will be required to maximise entry flow (minimise delay within the junction) and also assist in assigning drivers to appropriate lanes maintaining junction safety and lane discipline. Note, to increase arm from 2 lanes to 3 at a later stage will cost the same as the initial scheme, therefore this is not cost effective, all changes that includes the

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above to be delivered in one scheme. This access to be used for construction routeing to the site and therefore is to be delivered early.

Blackburn Road signalised junction

The proposed sustainable signalised junction via Blackburn Road (A679) is highlighted on Drg No 14-0692 105. Whilst it is possible to provide a signalised access at the location (as access has previously been supported) as highlighted the plan as presented does include a number of issues that must be overcome. A number of the principles have previously been discussed during the pre-application stages that relate to this junction and its purpose, see internal layout for detail. The signalised junction has not been modelled. In recent discussions with the developers transport consultant, they indicate that only 6 buses penetrate through the site a day. If this is to be the case (short term and long term) the signalised bus/emergency access design as presented is overdesigned and would be misleading to unfamiliar drivers accessing the site from the south using local roads.

With regard to layout the following MUST be included in any approved layout and delivered: 1. The signalised junction to be simplified (assuming if it is only to cater for bus movement) to include a. straight across pedestrian/cycle provision (no island) reducing lost time; b. junction to include on road and off road cycle provision (omitted from the presented layout), c. relocate eastbound bus layby to a location east of the junction to include Gold rated bus stop setup with illuminated shelter, Real Time information displays etc as per Pennine Reach and highlighted on Drg No H-068776-004 C01 produced by Capita on behalf of Blackburn with Darwen.

2. On and Off road provision to extend to existing cycle provision and to provide a continuous route and be suitable for use. The Sustainable connectivity Plan Drg No 16326-03 does highlight proposed foot/cycle links on Blackburn Road, and reference is also made in the TA to be provided where possible to Peronne Crescent, however no detail is presented. It is suggested that this development continues the cycle provision within Blackburn to a point west of Whitebirk Road, however this is at the request of Blackburn with Darwen.

With consideration for the above comments, whilst a layout can be delivered by the developer the detail presented does require further development.

Internal Layout

As previously stated, the Indicative Masterplan Drg. 4144-004 P17 has been included as supporting information but does state it is not issued for planning approval. Notwithstanding its intended lack of status it does offer an example of the potential layout. With a spine road linking both the Whitebirk signalised roundabout with Blackburn Road, as stated previously, this could be misleading as it could highlight a general through route. However with regard to the principles:

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1. I note that cycle provision has altered on a number of occasions when compared to earlier masterplans. What is important is that foot/cycle ways should be provided on desire lines that are direct with minimal crossings. The layout as presented on the main spine road requires cyclists to cross a number of junctions of which three are wide and exclude islands; this poses a concern to cyclists. Also the layout is not direct for cyclists from the south accessing development served from the northern roundabout. This can easily be overcome by either: a. Relocating the foot/cycle provision to the west, or b. Provide foot/cycle way to both sides (LCC preferred solution).

Foot/cycle ways to be provided circulating the roundabout and continue to suitable points or continue into each site. In addition all side roads access points to include an island to assist pedestrians.

2. It is important from a safety perspective that pedestrians and cyclist are not encouraged to use the east side of Whitebirk Roundabout with the motorway access points. The proposed foot/cycle way to be removed between the crossing points at the roundabout to the signalised junction and be replaced with verge.

3. During pre-application safe access into zone 6 (office/hotel development) was discussed at great length with a number of suggestions made by LCC, unfortunately they have not been incorporated. The circulating vehicle speeds at this very large signalised roundabout are typically higher when compared to other signalised roundabouts, currently this is not an issue, however with the layout as proposed with a junction to the west and topography, safety of users will be compromised. I am concerned with fast approach speeds, in the interest of safety this junction needs to; a. Have right turn lane b. Left in and left out only c. Access from the southern arm of the first internal roundabout.

4. The bus stop (Gold rated) that is located south of Whitebirk signalised roundabout is poorly located when consideration is given its proximity to the junction and lane usage and the 3 approach lanes required. As a suggestion, having regard to the above, relocate the bus stop south of the zone 6 access; to satisfy design and visibility the approach road may need to be moved slightly 5. The layout also needs to be future proofed with Gold rated bus stops northbound and southbound in the middle of the site (no layby required).

Assessment

The Transport Assessment includes trip rates which are lower than what a typical B2/B8 building would produce however scale of the buildings does have a major influence. The trip rates for the Fastfood and the PFS at first may not seem unreasonable, however when its prime location is considered, the rates are slightly lower than what would be anticipated;

82 however linked trips have not been included. Overall the trip rates for the overall site whilst lower than what would be anticipated are not unreasonable.

The distribution followed a simple approach which assigns new trips based on census data which are then assigned to the network using online routeing software. However, this assigns all vehicles to the Whitebirk Signalised junction. This is a crude approach and is flawed as no consideration is given to the 20-25% of overall trips could directly approach the site from the south using local roads and may park in residential streets, as highlighted previously.

Network Operational Assessments

Junction modelling has been undertaken using correct propriety software and up to date traffic data; general junction parameters are not unreasonable. These comments exclude Whitebirk signalised roundabout and the Blackburn Road junction as they have been previously considered. The TA does not discount for the Travel Plan, which is the correct approach to take, as no certainty can be provided as to the positive impacts of the travel plan, when will they be released and if they can be sustained.

Red Lion Roundabout (within Blackburn with Darwen)

This junction is not anticipated to suffer from severe impacts with development and also the new link road which will be completed prior to this development being built out. Whilst the results do not highlight any concerns, I expect the level of delay and queuing to be higher than that modelled. I also note the TA does highlight a maximum morning peak average of 17 vehicles on the A6119 (E) as a result of downstream issues on Burnley Road (A678). This is a concern as it highlights weaknesses in the modelling of this junction and some of the results produced cannot be relied on. Fortunately with regard to this junction the new link road does redistribute traffic from Burnley Road overcoming the significance of the downstream influence and issue.

Intack Signalised Junction (within Blackburn with Darwen)

The modelling results indicates that this junction currently operates with some practical reserve capacity (PRC) in both the AM and PM periods, but does indicate noticeable levels of queuing in both periods. My local knowledge and understanding of this junction is that queuing is generally much higher than that modelled. I am also aware that rat running also takes place with vehicles bypassing this junction from the south east and using local roads including Windsor Rd but also other roads that are managed by Blackburn with Darwen. These results are an underestimation in the base case and in the future with development. I do note that the modelling does highlight a negative practical reserve capacity with only modest increases in queue lengths. This junction is a concern as delays increase the propensity to rat run using less suitable routes whether on roads managed by LCC or Blackburn with Darwen. It is suggested, as a proportion of development would use these local roads, that a scheme is agreed with Blackburn with Darwen (as the local highway authority) as a minimum to overcome the impact of this development. LCC would support

83 such a scheme at this location as it does have impacts for corridors shared by both LCC and Blackburn with Darwen.

Blackburn Road/Market Street/Henry Street

It is disappointing that the TA quickly discounts this junction having no regard to its historic operation. From LCC's perspective, whilst the development only has a nominal impact, it should have been suitably considered. Notwithstanding the approach adopted by the developers transport consultant and whilst previously there were capacity problems at this junction. I would note that as part of Pennine Reach this junction is being remodelling as two normal roundabouts and this should provide sufficient capacity to support some development, such as that proposed.

Henry Street/Hyndburn Road/Dunkenhalgh Way

Again, it is disappointing that the TA quickly discounts this junction having no regard to its historic operation. From LCC's perspective whilst the development only has a nominal impact it should have been suitably considered. Notwithstanding the approach adopted by the developers transport consultant and whilst there were long queues at this location, the Burnley Pendle Growth Corridor will deliver a scheme at this location providing suitable additional capacity.

Car Parking

The TA states that 'car parking will be provided with reference to local standards and be dealt with at reserved matters', I agree with the aspect that parking levels should be determined with regard to details regarding end users (i.e. land use type B2 and B8), I am concerned with the generalised wording 'reference will be made', this concern is strengthened when in paragraph 4.3.2 of the TA highlights two paragraphs of the National Planning Policy Guidance (NPPG) 'maximum parking standards can lead to poor development quality development and congested streets' and 'local planning authorities should seek to ensure that parking provision is appropriate to the needs of the development and not reduced below a level that could be considered reasonable'. Whilst I support the NPPG and the wording highlighted in the TA, I am concerned that the developer may suggest higher parking levels, above standards, but in line with a requirement from an end user without true regard to making the site as sustainable as possible with regard to its location and what is reasonable and deliverable.

Cycle Parking

I note cycle parking will be provided 'in line' with local standards and that proposals include shower and changing facilities. This is supported, however whilst the TA states cycle storage will be located close to the entrance of the building in secure, light and convenient locations it does not state provision will be covered. However the Travel Plan in Table 4 does indicate that provision will be covered. For the avoidance of doubt, all cycle storage needs to be covered and to be secured by a planning condition.

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Site Accessibility and Sustainable Modes

As part of the reforms of planning policy, the Department of Community and Local Government published the National Planning Policy Framework (NPPF), DCLG 2012. In terms of Transport, the NPPF sets out the principles that 'plans and decisions should ensure developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised.

Accessibility for the site with development and all provision has been considered using the accessibility questionnaire which resulted in a score that is just within the medium accessibility. However the accessibility score is only one tool that is considered, in addition LCC has undertaken a review that considers other services nearby (by all modes) and routeing.

Pedestrian and Cycling

I consider the development does provide some infrastructure on the existing network. However it is critical that all aspects of sustainable movement within and to the wider network is provided otherwise the development has the potential to lead to high car dependency. As such the development has the potential to generate higher levels of car use on the surrounding road network. Therefore, it is clear there will need to be good provision of pedestrian/cycle routes through and to the site from the existing/proposed bus stops and also from existing residential areas, as previously highlighted.

Public Transport - Bus

The site is fortunate to be reasonably served by PT, both from the north and the south. As previously indicated the site is approximately 800m walk distance with the central location being around 400m. When regard is given to the indicative layout as presented, with the location of all employee access points etc, the actual centroid is around 450-500m. This walk distance is not unreasonable. Notwithstanding this, therefore the walk distance from the north to the centroid is around 300-350m. The site does have the significant benefit from Pennine Reach which is currently being delivered. From a PT perspective the site is reasonably well served.

Travel Plan

A Framework Travel Plan has been submitted with the documentation, it has been reviewed and I am encouraged that it does include indicative targets with an initial 10% mode shift reduction target in car use for employees set against a baseline of 67%, to be achieved over a 5 year implementation period. Whilst I note a general long list of potential travel plan initiatives these can be developed and enhanced as part of agreeing the travel plan. It is critical that whilst the Travel Plan is for the general site, it must be a condition of planning that every end user is to have a site specific travel plan that falls under the overall site Plan

85 and that sufficient funds are available by the site and end users to deliver all initiatives as agreed.

Developer Funding of Measures to support targets set within the Travel Plan

Whilst the developer will appoint a travel plan coordinator to operate and manage the Travel Plan with an adequate budget (funding) to implement measures, the level of funding must have the potential to deliver a real change to more sustainable modes. Such a change could be delivered through funding of a bike for each employee or provide a month’s travel on public transport to encourage modal shift. The level offered must be adequate to deliver the measures necessary to support the targets within the Travel Plan(s) and would equate to around £140per employee within the site. It should be noted that this funding is only triggered and necessary if the targets within the Travel Plan are not achieved. This funding would be made available to the appointed site Travel Plan coordinator to help achieve the targets within the Travel Plan(s). For the avoidance of doubt LCC do not want control of this funding but wish to have the commitment from the developer of this level of budget.

Travel Plans Support

LCC would request a Section 106 funding contribution towards Travel Plan Support of £48,000. This request is significantly below the LCC policy threshold, however I have considered scale of development and the number of separate components. The contribution requested by LCC to enable Lancashire County Council Travel Planning team to provide a range of services as described in 2.1.5. 17 of the Planning Obligations in Lancashire adopted in 2006 and updated in September 2008. The funds will be used to provide a range of services to meet the specific needs of the developer for a period of time whilst the TP is being developed and early monitoring.

Funding would support delivery of NPPF Paragraphs 29 and 36. The above support is directly related to the development, ensuring that the influence of the Travel Plan is maximised with regard to the service offered for a period of time. The level of contribution requested is reasonable. Without this contribution and support (to the developers appointed travel plan coordinator) there is a concern that the developer may not take up all opportunities and that the impacts on the highway network will be greater than that anticipated, thus resulting in greater levels of local congestion on key corridors. It is critical therefore, that the developer does also have sufficient funds to deliver and maintain the Travel Plan.

Internal Site Layout, Parking Standards/Parking Provision and SUDS

While I would acknowledge the outline nature of this application, I would make the following comments and observations. The internal site layout should support the principles of 'Manual for Streets' and LCC's Creating Civilised Streets. There are a number of points that I wish to raise with regard to internal layout, excluding those previously highlighted:  Planting will not be permitted where this would reduce visibility splays;  Parking to the appropriate Hyndburn Council Standards is expected;

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 Parking bay dimensions to be inline or greater than minimum standards and include sufficient mobility spaces (in all zones)  In line with recent government policy I would expect the development to provide electric vehicle charging infrastructure at appropriate locations;  There is a need to ensure appropriate access for servicing, delivery and waste collection to all buildings.  Whilst it is not anticipated that the spine road is to be adopted (limited public utility), it is reasonable that the link from the signalised roundabout to and including the roundabout could be. However it is strongly suggested that all highway to be constructed to a standard that caters for its heavy use by HGV's (i.e. delivered to adoptable standards and construction).  Access by Emergency Vehicles - I would expect the emergency services to be consulted on the full development proposals and appropriate access/tending arrangements for all zones and buildings or an emergency access strategy agreed. The masterplan may not satisfy this necessary requirement  Sustainable Urban Drainage Systems (SuDs)

 LCC are now the Lead Local Flood Authority (LLFA), as such I would refer to the LCC Flood Risk Assessment Team detailed comments provided under a separate response;  The detailed application will need to consider the requirements to support and deliver a SuDs drainage scheme;  I would expect the proposed drainage system to be designed to provide adequate capacity following current best practice and required standards that may allow consideration of adoption if deemed appropriate by the relevant authority. I would expect these drainage matters to be a condition of any approval;  In general, LCC will seek to limit the use of culverts where alternative sustainable solutions can be found.

Site Construction

All construction internal to the site is to be taken from Whitebirk Signalised Roundabout, with only services and junction construction to be taken from Blackburn Road. This to be conditioned as local roads do suffer from congestion and this site will generate significant number of HGV's.

S278 Works

Should the Local Planning Authority be minded to approve this application a Section 278 Agreement for off-site highway improvements would be expected between the developer and the highway authority (LCC/HE./B with D). Agreed layout details would be required for all s278 works, all works are subject to changes during the detail design by LCC/HE/B with D satisfying standards and safety. If you are minded to support this proposal I am happy to provide a list of all works that I consider to be necessary (whether within LCC or B with D's network).

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Conclusion

LCC supports the principle of development on this employment site with primary access from the signalised Whitebirk junction. Development has previously been supported on this site.

I have considered all the information provided; unfortunately without access to the site from the south or parking available from the south, I consider that the sites needs will not be catered for. This will result in impacts on the residential streets and is a weakness of the access strategy. I consider the application as presented does not fully satisfy a number paragraphs within the NPPF relating to the provision of solutions which support reductions in emissions and help to reduce congestion or that a suitable means of access to the site has been provided for all people where the need to travel will be minimised with minimal journey lengths.

LCC have worked proactively with the applicant with an aim to secure this development that improves the economic, social and environmental conditions of the area and have actively looked for solutions rather than problems that could provide a number of opportunities to jointly overcome issues at all stages.

Until these matters are resolved it is very disappointing but I cannot offer support for the application as presented and therefore recommend an objection to the proposed development. I consider the development does not satisfy the requirements of the NPPF and sustainable development. However, if you are minded to approve this application (having regard to the planning balance as you have previously highlighted) it is essential that suitable conditions are put in place to ensure all necessary measures are delivered. Under this scenario I would provide a list of measures and a list of suggested conditions that may be appropriate.

Lancashire County Council (Economic Development)

The Economic Development Service supports the development of this site.

The planning application includes recognition of the strategic role and potential of the employment site including the opportunity to create thousands of new jobs in East Lancashire, and which is aligned with the delivery of the Lancashire Enterprise Partnership’s Strategic Economic Plan (SEP).

The ability to provide modern, purpose-built premises will also help play a significant role in strengthening Lancashire’s economy.

Lancashire County Council (Minerals and Waste Policy Team)

The planning application is in a Mineral Safeguarding Area (MSA), as defined by Policy M2 of the Lancashire Minerals and Waste Site Allocation and Development Management Policies Local Plan and the Policies Map.

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The MSA indicates that economic mineral resources of Brickclay and Fireclay may be present on the Whitebirk site. Applications in MSAs have the potential to sterilise the mineral resource. In this instance, given the circumstances of the site and the surrounding land uses, we do not feel that further information is required, and consider that the proposed development is not contrary to Policy M2.

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Lancashire County Council – Lead Local Flood Authority

Thank you for inviting the Lead Local Flood Authority (LLFA) to comment on the above application. The Flood and Water Management Act (FWMA) 2010 introduces a range of new powers, duties and responsibilities and makes Lancashire County Council a Lead Local Flood Authority (LLFA). The Flood and Water Management Act 2010 sets out the requirement for LLFAs to manage 'local' flood risk within their area. 'Local' flood risk refers to flooding or flood risk from surface water, groundwater or from ordinary watercourses.

Schedule 5 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 lists the LLFA as a statutory consultee for major development proposals validated from 15th April 2015. Comments provided in this representation, including conditions, are advisory and it is the decision of the Local Planning Authority (LPA) whether any such recommendations are acted upon. It is ultimately the responsibility of the Local Planning Authority to approve, or otherwise, any drainage strategy for the associated development proposal.

The comments given have been composed based on the current extent of the knowledge of the LLFA and information provided at the time of this response.

Sustainable Drainage Systems

Paragraph 103 of the National Planning Policy Framework (NPPF) and Written Statement on Sustainable Drainage Systems (HCWS161) requires that surface water arising from a developed site should, as far as it is practicable, be managed in a sustainable manner to mimic surface water flows arising from the site prior to the proposed development, whilst reducing flood risk to the site itself and elsewhere, taking climate change into account.

The Lead Local Flood Authority encourages that site surface water drainage is designed in line with the Non-Statutory Technical Standards for Sustainable Drainage Systems and Planning Practice Guidance, including restricting developed discharge of surface water to greenfield runoff rates making suitable allowances for climate change and urban creep, managing surface water as close to the surface as possible and prioritising infiltration as a means of surface water disposal where possible.

Regardless of the site’s status as greenfield or brownfield land, the Lead Local Flood Authority encourages that surface water discharge from the developed site should be as close to the greenfield runoff rate as is reasonably practicable in accordance with Standard 2 and Standard 3 of the Non-Statutory Technical Standards for Sustainable Drainage Systems.

Sustainable drainage systems offer significant advantages over conventional piped drainage systems in reducing flood risk by attenuating the rate and quantity of surface water run-off from a site, promoting groundwater recharge absorbing diffuse pollutants and improving water quality. Ponds, reedbeds and seasonally flooded grasslands can be particularly attractive features within public open space.

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The wide variety of available sustainable drainage techniques means that virtually any development should be able to include a scheme based around these principles and provide multiple benefits, reducing costs and maintenance needs. Designing green space and public realm with SuDS that work well when both wet and dry can provide valuable community recreational space as well as important blue and green infrastructure. Sports pitches, squares, courtyards, playgrounds, landscapes around buildings, urban parks, green corridors and woodlands are all popular types of open space which can be integrated with SuDS. SuDS can also contribute to development targets for open space where they are designed to be multi-functional.

On smaller development sites, space efficient SuDS can still be incorporated and include, for example, green roofs, bioretention gardens, permeable paving, rills, rainwater harvesting, hardscape storage, micro-wetlands, and bioretention tree pits.

Further information on SuDS can be found in;

 CIRIA C687 – Planning for SuDS – Making it Happen  CIRIA C697 – The SuDS manual  CIRIA C635 - Designing for exceedance in urban drainage: good practice  CIRIA C698 – Site handbook for the construction of SUDS  HR Wallingford SR 666 - Use of SuDS in high density developments  National Planning Policy Framework and Planning Practice Guidance

Local Planning Policies

Hyndburn Local Plan 2012

Policy Env1: Green Infrastructure

Green infrastructure resources will be protected, enhanced and extended, and by linking these resources, a multi-functional Green Infrastructure network will be created. Where developments are within, or in close proximity to the Green Infrastructure network they will be expected to contribute towards its protection and enhancement.

Policy Env2: Natural Environment Enhancement

Opportunities for natural environment enhancement will be secured by ensuring that all development within or in proximity to ecological or geological resources: a) protect those resources, and; b) incorporate appropriate resource enhancement and positive management measures, and; c) contribute to an effective ecological network through expansion and reconnection of environmental resources, particularly where such improvements would complement local regeneration priorities and improvements to health and well-being. The level of

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protection afforded to ecological and geological resources will depend upon their level of importance and vulnerability.

Policy Env4: Sustainable Development and Climate Change

All developments must minimise negative impact on the environment and help to mitigate against the likely effects of Climate Change on present and future generations. This will be achieved by: d. The incorporation of sustainable drainage systems

National Planning Policy Framework

Meeting the challenge of climate change, flooding and coastal change Paragraph 103

When determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere and only consider development appropriate in areas at risk of flooding where, informed by a site-specific flood risk assessment following the Sequential Test, and if required the Exception Test, it can be demonstrated that:

 within the site, the most vulnerable development is located in areas of lowest flood risk unless there are overriding reasons to prefer a different location; and  development is appropriately flood resilient and resistant, including safe access and escape routes where required, and that any residual risk can be safely managed, including by emergency planning; and it gives priority to the use of sustainable drainage systems.

Lead Local Flood Authority Position

We object to the application and recommend refusal of planning permission on this basis for the following reasons:  The proposed development is unacceptable because it involves removal of and building over several ordinary watercourses which contravenes Lancashire County Council Ordinary Watercourse Consenting and Enforcement Policy  The watercourses act as natural drainage for surface water and provide attenuation. It is contrary to Hyndburn Local Plan 2012 Policy Env4: Sustainable Development and Climate Change, which indicates in point 'd' that sustainable drainage systems should be incorporated  There will be significant loss of habitat for species should the watercourses be removed. This is contrary to Hyndburn Local Plan 2012 Policy Env1: Green Infrastructure and Policy Env 2: Natural Environment Enhancement  For the avoidance of doubt, once planning permission has been obtained it does not mean that land drainage consent will be given.

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Overcoming our objection

Our objection may be overcome if the applicant submits a revised site layout that overcomes the above concerns. If this cannot be achieved we are likely to maintain our objection.

Response of Applicant to observations of LLFA:

In reference to your comments on the ordinary watercourses across the site it should be noted that the open water features across the existing site are only associated with the drainage of the existing site. The only exception to this is the ditch on the southern boundary of the site which receives flow from the adjacent highway/motorway. As confirmed by drainage survey, this is the only flow entering this ditch and it is proposed that these flows shall be diverted around the pond as part of the works.

The HE have responded to the application and have not raised an objection to the proposal. In reality, the watercourses across the site are land ditches constructed/formed to convey the overland flows from the existing site. As would be expected with a development of this scale there is a requirement to alter the existing surface water drainage patterns across the site and it should be noted that the proposed development will offer a number of improvements to the existing situations. As set out within the FRA and ES, the proposed development offers wider benefits which will more than justify the removal of these local surface water features. In addition, it should be noted that the sustainable drainage systems proposed as part of the development will reduce flood risk across the site and surrounding area. Furthermore we believe that that the proposed development satisfies the requirements set out within section 1.6 of the Lancashire and Blackpool Local Flood Risk Management Strategy.

We disagree with your comment that the proposals do not satisfy policy Env4 of the Hyndburn Local Plan 2012. As set out within the FRA and ES sustainable drainage systems are fully incorporated in the scheme primarily via an attenuation pond and suggested areas of porous paving.

Any loss of habitat across the site will be compensated by the proposed mitigation measures as set out within the ecological section of the ES.

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Hyndburn Borough Council (Environmental Health Officer)

I have the following comments to make on the above planning application,

Demolition, Site profiling preparation and construction phase

Deliveries to and from the site should be restricted to between 0800 and 1800hrs Monday to Friday and 1300hrs on Saturdays. Deliveries should not take place on Sundays and bank holidays. Works should be restricted to between 0800 and 1800hrs Monday to Friday and 1300 on Saturdays. Works should not take place on Sundays and bank holidays. All works should be undertaken in accordance with BS5228:2009.

Reason- to ensure that site working only takes place during normal working hours in order to restrict the times during which any disturbance and nuisance may arise.

Demolition, Site profiling preparation and construction phase

Noise, dust,air pollution and vibration were identified in assessments for the applicants, as potential sources of nuisance, to sensitive receptors in the proximity of the site, during these phases.

I understand that a Construction Environmental Management Plan will be submitted prior to commencement of site works, for approval. This should detail the mitigation which will be put in place to address these issues.

Operational Phase.

The noise assessment predictions for the site are based upon the illustrative masterplan and proposed ground contours, should these be modified there would need to be a review of any proposed noise mitigation in the light of these changes.

Light/noise

Due to the potential 24 hour nature of some operations on the site the deteramental effects of these should be considered and mitigated e.g. vehicle headlights and noise. I recommend the following condition:

“Prior to first use of any phase of the development, a noise assessment shall be submitted to and agreed by the local planning authority to demonstrate that the operational use of that phase of development will not exceed a rating level 2dB above the background sound level at any noise-sensitive receptor."

Development Pads

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Once specific details of the occupants/buildings/activities of the development pads are submitted the following would be required:  Noise assessment of the activities taking place and any mitigation determined to include ventilation, plant , structural openings and operational times.  Lighting schemes for the occupying premises

Contaminated Land

Prior to the commencement of development, the following information shall be submitted to the Local Planning Authority (LPA) for approval in writing:

(a) As advised in JPG Geoenvironmental Report of August 2014 a detailed site investigation shall be carried out to address the nature, degree and distribution of contamination and ground gases and shall include an identification and assessment of the risk to receptors as defined under the Environmental Protection Act 1990, Part 2A, focusing primarily on risks to human health and controlled waters. The investigation shall also address the implications of the health and safety of site workers, of nearby occupied buildings, on services and landscaping schemes, and on wider environmental receptors including ecological systems and property. The sampling and analytical strategy shall be submitted to and be approved in writing by the LPA prior to the start of the site investigation survey. (b) A remediation statement, detailing the recommendations and remedial measures to be implemented within the site. (c) On completion of the development/remedial works, the developer shall submit written confirmation, in the form of a verification report, to the LPA, that all works were completed in accordance with the agreed Remediation Statement.

Any works identified in these reports shall be undertaken when required with all remedial works implemented by the developer prior to occupation of the first and subsequent dwellings.

REASON: To ensure that the site investigation and remediation strategy will not cause pollution of ground and surface waters both on and off site, and the site cannot be capable of being determined as contaminated land under Part 2A of the Environmental Protection Act 1990 in accordance with the National Planning Policy Framework.

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Hyndburn Borough Council (Trees and Woodlands Officer / Ecology)

Trees & Hedges

There are few individual trees of any significance on site, however, hedgerows are a priority habitat therefore the loss of hedgerows on site must be adequately compensated for with native hedgerow planting as a part of the development.

Significant tree/woodland planting is identified as an integral part of the scheme, including a landscape buffer on the Blackburn Rd side of the development. It is important that this scheme is of high quality and composed of native species, I recommend that a detailed landscaping scheme is submitted as a part of the reserved matters application rather than as a condition of consent.

Trees, hedgerows and other vegetation on site should be protected by a planning condition in order to prevent removal between prior to commencement of the development. This would prevent unnecessary removal in the event that the developer pulls out before commencing development, I believe there is a suitably worded condition on file that was implemented back when Daniel was DM manager and is used on all outline apps where trees are onsite.

A condition should be placed on any consent preventing removal of trees/shrubs/vegetation during the bird nesting season except where the site is inspected first by a qualified ecologist in consultation with the LPA.

I normally advise a minimum replanting ratio of 3:1 for trees/hedgerows, on this site that should be far exceeded so there is a potential that our bargaining position could be weakened by suggesting a 3:1 ratio. The indicative layout/landscaping plan shows very significant tree/woodland planting, so perhaps rather than a ratio the condition could be along the lines of "landscaping to adopt the proposals in the indicative layout/masterplan as a minimum requirement".

Ecology

 Bats - Discussion with the ecologist has revealed that the survey is on-going and will shortly be completed, I will comment further when this is received.  Further surveys - Section 6 of the ecology survey states that badger, breeding birds, and reptile surveys are required. Having spoken directly to the ecologist I am aware that these surveys are on the way and will be submitted in the very near future, I have also confirmed that reptile surveys will not be required at this stage - the likelihood of reptiles being present on site is very low. Instead, an informative note should be included on any consent reminding the applicant of the protected status of reptiles in the UK and Europe, and the procedures to follow should reptiles be uncovered during work on site.  Grassland - current grassland/meadow on site is species poor and of negligible ecological value. There is potential for this development to result in a net gain in grassland/wildflower meadow.

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I would like to encourage the use of living walls and/or green roofs within the development. I understand that there is no legal requirement for this, however, both are effective SUDS and are highly beneficial habitat features - in particular providing habitat for bees (currently in serious decline worldwide). The ideal elevations for living walls would be the Southern elevations of the buildings closest to Blackburn Road - in this location he living walls would serve triple purpose: habitat features, SUDS, and reduced impact of the development on the amenity of residents opposite the site.

Relatively minor changes to the indicative layout would produce an increased gain in biodiversity, in particular the units and access roads to the North of the site could be rearranged to allow for greater habitat cohesion without reduction in floor/parking space.

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The Coal Authority

Historic England

No observations

Natural England

Natural England’s comments in relation to this application are provided in the following sections:

Statutory Nature Conservation Sites – No objection. Based upon the information provided, Natural England advises the Council that the proposal is unlikely to affect any statutorily protected sites.

Protected Species. We have not assessed this application and associated documents for impacts on protected species. Natural England has published standing advice on protected species. You should apply our standing advice to this application as it is a material consideration in the determination of planning applications in the same way as any individual response received from Natural England following consultation. The standing advice should not be treated as giving any indication or providing any assurance in respect of European Protected Species (EPS) that the proposed development is unlikely to affect the EPS present on the site; nor should it be interpreted as meaning that Natural England has reached any views as to whether a licence is needed (which is the developers responsibility) or may be granted.

Local Sites - If the site is on or adjacent to a local site, e.g. Local Wildlife site, Regionally Important Geological / Geomorphological Site (RIGS) or Local Nature Reserve (LNR) the authority should ensure that it has sufficient information to fully understand the impact of the proposal on the local site before it determines the application.

Sites of Special Scientific Interest Impact Risk Zones. Natural England’s SSSI Impact Risk Zones are a GIS dataset that can be accessed by local planning authorities to help them decide when to consult Natural England on developments likely to affect a SSSI. The dataset and user guidance can be accessed from the gov.uk website.

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Environment Agency

We received an email, copied to Hyndburn BC, from Nick Moore, TDHA Ltd, on 29 May 2015 in response to our previous objection. We are able to withdraw our previous objection and have the following comments to make:

Flood Risk

We would not grant Flood Defence Consent for multiple surface water outfalls to Knuzden Brook, because of the adverse ecological effect. Having multiple outfall structures would not be in accordance with the Water Framework Directive. The proposed surface water drainage scheme needs to be designed so that there is only one surface water outfall to the brook, which is a designated Main River.

Lancashire County Council, as Lead Local Flood Authority, will need to be consulted on any surface water drainage schemes or work that may affect an ordinary watercourse.

Land Quality

We consider that planning permission could be granted to the proposed development as submitted if the following planning condition is included as set out below. Without this condition, the proposed development on this site poses an unacceptable risk to the environment and we would object to the application.

Condition

Prior to each phase of development approved by this planning permission no development (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

1) A preliminary risk assessment which has identified: all previous uses; potential contaminants associated with those uses; a conceptual model of the site indicating sources, pathways and receptors; and potentially unacceptable risks arising from contamination at the site. 2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

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Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved. The desk study provided satisfies part 1 of the above condition, and recommends further intrusive site investigation.

Advice to LPA/Applicant

The applicant should also refer to pollution prevention guideline 3 (ppg3): Use and design of oil separators in surface water drainage systems, which is available to download from our website https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg

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National Grid

National Grid has identified that it has apparatus in the vicinity of your enquiry which may be affected by the activities specified. Can you please inform National Grid, as soon as possible, the decision your authority is likely to make regarding this application.

If the application is refused for any other reason than the presence of National Grid apparatus, we will not take any further action. Please let us know whether National Grid can provide you with technical or other information that may be of assistance to you in the determination of the application.

As your proposed activity is in close proximity to National Grid's Transmission assets we have referred your enquiry/consultation to our Asset Protection team for further detailed assessment. We request that you do not commence work or take further action with regards to your proposal until you hear from us. We will endeavour to contact you within 21 days from the date of this response. Please contact us at [email protected] if you have not had a response within this time frame.

Due to the presence of National Grid apparatus in proximity to the specified area, the contractor should contact National Grid before any works are carried out to ensure our apparatus is not affected by any of the proposed works.

Your Responsibilities and Obligations

The "Assessment" Section below outlines the detailed requirements that must be followed when planning or undertaking your scheduled activities at this location.

It is your responsibility to ensure that the information you have submitted is accurate and that all relevant documents including links are provided to all persons (either direct labour or contractors) working for you near National Grid's apparatus, e.g. as contained within the Construction (Design and Management) Regulations.

This assessment solely relates to National Grid Electricity Transmission plc (NGET) and National Grid Gas plc (NGG) apparatus. This assessment does NOT include:

National Grid's legal interest (easements or wayleaves) in the land which restricts activity in proximity to National Grid's assets in private land. You must obtain details of any such restrictions from the landowner in the first instance and if in doubt contact National Grid.  Gas service pipes and related apparatus  Recently installed apparatus  Apparatus owned by other organisations, e.g. other gas distribution operators, local electricity companies, other utilities, etc.

It is YOUR responsibility to take into account whether the items listed above may be present and if they could be affected by your proposed activities. Further "Essential Guidance" in respect of these items can be found on the National Grid Website

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(http://www.nationalgrid.com/NR/rdonlyres/6D6525F9-59EB-4825-BA89- DBD7E68882C7/51319/EssentialGuidance.pdf).

This communication does not constitute any formal agreement or consent for any proposed development work; either generally or with regard to National Grid's easements or wayleaves nor any planning or building regulations applications.

NGG and NGET or their agents, servants or contractors do not accept any liability for any losses arising under or in connection with this information. This limit on liability applies to all and any claims in contract, tort (including negligence), misrepresentation (excluding fraudulent misrepresentation), breach of statutory duty or otherwise. This limit on liability does not exclude or restrict liability where prohibited by the law nor does it supersede the express terms of any related agreements.

If you require further assistance please contact the National Grid Plant Protection team via e-mail (click here) or via the contact details at the top of this response.

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Lancashire Constabulary – Architectural Liaison Officer

The site occupies what is currently agricultural land and therefore crime figures within the area can only give a vague indication of what risks may apply to the completed site. In order to better assess what crime would be likely to affect the development it would be more indicative to compare similar developments in the wider area. This will be provided at the reserved matters stage when more detailed information is available.

Due to the size and differing uses of this development, the increase in visitors it would bring and the increase in the population of the area, it is essential that all developments are completed to Secured By Design in order to reduce the risk of crime affecting the businesses, staff, visitors and wider community.

Detailed feedback will be provided at the reserved matters stage in relation to reducing the crime and disorder risks within the layout, design and physical security and the requirements for Secured by Design.

In order to combat criminal activity following the principles of Secured by Design I would encourage the applicant to contact myself with regard to ensuring these principles are correctly applied at the earliest opportunity and prior to the reserved matters applications.

Key areas that must be considered in the design and layout are;

Access - unnecessary foot and cycle paths provide escape routes and encourage criminal and anti-social behaviour (ASB). Where they are necessary, these routes should be well lit, wide and open to encourage safe use. The green corridor entrance must feel safe or it will not be used well, the route should have open views from nearby buildings and focal point.

Lighting – street lighting must provide uniform coverage of all public areas, avoiding dark areas that encourage crime and ASB. Car parking should have adequate lighting to promote natural surveillance and feelings of safety for users. I do note the comprehensive detail given in respect of lighting in the Design and Access Statement.

CCTV – I note that mention is made in the Design and Access Statement of the intention to provide full site coverage of CCTV and a detailed plan will be provided.

Boundary treatments – the perimeter should be secure to deter unofficial access routes which would compromise security across the development.

Physical security – Secured by Design standards.

Promoting natural surveillance – landscaping should not impede views across pedestrian areas, car parks, play areas etc. Landscaping, CCTV and lighting schemes should be designed to complement not impede or obstruct each other.

Network Rail

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No observations

Lancashire Fire and Rescue Service

The following recommendations are made (on a goodwill basis at this stage) to make the applicant aware of conditions which will have to be satisfied on a subsequent Building Regulation application. The conditions may affect the elevation of the building and access to them.

Access – Approved Document B Volume 2 – Buildings other than Dwelling Houses

The proposed new development should conform to Volume 2 Building Regulations Approved Document B, Part B, Part B5 ‘Access and facilities for the Fire Service’. The plans should be checked accordingly and in compliance with the above documents. It should be ensured that the scheme fully meets all the requirements of part B5 of the Building Regulations.

Water Provision

The proposed water provision should conform to Building Regulations Approved Document B, Part B5. It should be ensured that the proposal is provided with suitable provision of Fire Fighting water. Any provisions should comply with National Guidance, details of which can be found at: http://www.water.org.uk/home/policy/publications/archive/industry-guidance/national- guidance-document/national-guidance-document-on-water-for-ffg-final.pdf

The Local Authority Building Control / Approved Inspector and Fire Service should be consulted at the earliest opportunity where more specific advice can be offered.

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Electricity North West

We have considered the planning application and find that it could have an impact on our infrastructure.

The development is shown to be adjacent to or affect Electricity North West operational land or electricity distribution assets. Where the development is adjacent to operational land the applicant must ensure that the development does not encroach over either the land or any ancillary rights of access or cable easements. If planning permission is granted the applicant should verify such details by contacting Electricity North West, Estates and Wayleaves, Frederick Road, Salford, Manchester, M6 6QH.

The applicant should be advised that great care should be taken at all times to protect both the electrical apparatus and any personnel working in its vicinity.

The applicant should also be referred to two relevant documents produced by the Health and Safety Executive, which are available from the Stationary Office Publications Centre and The Stationary Office Bookshops, and advised to follow the guidance given.

The documents are as follows:  HS(G)47 Avoiding danger from underground services  GS6 Avoidance of danger from overhead electric lines

Other points, specific to this application are:  This significant development site currently has two ENWL assets located upon it.  There are eight spans of 33kv overhead line which will have to be diverted and placed underground in order for the development to proceed.  Additionally to the south of the proposed site, just off Blackbuyrn Road, our records indicate a three phase Low Voltage service cable feeding a small cubicle. This will also have to be either removed or diverted off site to allow the development.

The applicant should be advised that, should there be a requirement to divert the apparatus because of the proposed works, the cost of such a diversion would usually be borne by the applicant. The applicant should be aware of our requirements for access to inspect, maintain, adjust, repair or alter any of our distribution equipment. This includes carrying out works incidental to any of these purposes and this could require works at any time of day or night. Our Electricity Services Desk (tel No 0800 195 4141) will advise on any issues regarding diversions or modifications.

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