Application No: Ward: Banbury Neithrop Date Valid: 05/12/08 08/02046/OUT

Applicant: Kraft Foods C/O DTZ, 48 Warwick Street, London

Site Address: Kraft General Foods, Ruscote Avenue, Banbury

Proposal: OUTLINE – Demolition of existing building; erection of 12 no. units with B1, B2 and B8 uses and new access from Southam Road (as amplified by the receipt of a Flood Risk Assessment 05/12/08)

1. Site Description and Proposal The site is within the existing boundaries of Kraft General Foods. It is located in the south eastern corner of the larger Kraft site and fronts onto Southam Road. The site mostly consists of an open grassed area but does accommodate a small pre-fab type building. There are some trees on the site the most predominant of which are located along the boundary of Southam Road. The site will be accessed from Southam Road, via an access that has not yet been constructed but which was originally approved in 2001 and later renewed in 2006.

The application seeks outline consent for 12 units to accommodate B1, B2 and B8 uses. These include offices, research and development and light industry (B1); general industry (B2) and wholesale warehouse and distribution centres (B8). The B8 units have the potential to accommodate some trade counter uses therefore introducing ancillary retail uses into the development. The total internal floor space created is proposed to be 4470 square metres divided into units of varying sizes. As this application is in outline only, all details, other than the access, are reserved. Indicative plans indicate that up to 85 car parking spaces can be accommodated on site.

2. Application Publicity The application has been advertised by way of a site notice, newspaper advert and neighbour notification letters. The final date for comment on this application was 5 January 2008. No third party letters have been received in relation to this application.

3. Consultations Banbury Town Council raises no objections to the erection of the units but is concerned about the proposed access from Southam Road with regard to highway safety, particularly with the proposals outlined in the design statement, for further development. There are already a number of access points on the other side of the road.

The Local Highway Authority (LHA) raises no objections to the principle of the proposed development. However there were several issues that needed further clarification including, a) trip rate for the Max Pax building b) sensitivity tests on trip distribution assumptions for development traffic at Southam Road c) Opening year and future year assessments of the junction capacity d) Justifications for the quantity of parking provision e) Cycle parking provision These elements are expanded upon in the full highways response and further information is expected from the agent prior to the date of committee. The LHA have also sought a contribution to Banbury Integrated Transport Strategy. At the time of writing the report an addendum to the Transport Assessment had been received providing details relating to the above points. A full response is expected from the Highway Authority prior to Committee.

The Environment Agency originally objected to the application due to the lack of a Flood Risk Assessment. Further comments are expected prior to committee and will be provided as a written update at the meeting.

Thames Water raises no objections to the development subject to the inclusion of planning notes.

The Council’s Head of Planning and Affordable Housing Policy supports the proposal in policy terms as it reuses part of an existing employment site.

The Council’s Economic Development Officer in summary has stated that the proposed extension to employment opportunities within B classes on this site is welcomed. However it is encouraged that more attention be given to the detailed occupiers in seeking to contribute to the objectives of the District Economic Development Strategy (EDS)/Community Plan. The proposal identifies that the following key performance indicators of the EDS could be contributed towards by this proposal – density of employment at key sites and creation of 6,200 new jobs. However it is likely that ‘Trade Counter’ uses would create fewer and a lower density of jobs compared with B1 and B2 uses.

The Council’s Head of Building Control and Engineering Services states that the proposal is for development within an already highly urbanized watercourse catchment. The applicant has undertaken a FRA which addresses all the relevant issues and has concluded that provided runoff mitigation is undertaken on site there will be no material flood risk to this development or any increase in risk to existing developments. Therefore no objections are raised in relation to the application. Precise details of the site drainage including attenuation will be needed at the detailed application stage together with proposals for mitigating the risk of pollutants entering the brook from car park runoff or operational spillages.

The Council’s Contaminated Land Officer had no observations to make with regard to potentially contaminated land.

4. Relevant Planning Policies National Policy Guidance - Documents PPS6 – Planning for Town Centres PPG4 – Industrial, Commercial Development and Small Firms Draft PPS4 – Planning for Sustainable Economic Development

Oxfordshire Structure Plan 2016 - Saved Policies E1 – location of development for employment purposes E3 – Provision of land for employment T1 – Sustainable travel T8 – Mitigation of adverse transport impacts Adopted Cherwell Local Plan 1996 - Saved Policies No relevant saved policies Non-Statutory Cherwell Local Plan 2011 - Policies EMP4 – Employment generating development S1 – Sequential approach to developments that are likely to generate an increased demand for travel.

5. Appraisal Given that this application is in outline only the key considerations are the appropriateness of this development in terms of planning policy, its impact neighbouring uses/properties, impact on highway safety and its impact on the existing water course and trees on the site.

Planning Policy The proposed use of the site is for B1, B2 and B8 uses, with the potential to introduce ancillary trade counter retail. B2 and B8 uses are not normally compatible with other town centre uses therefore it would not be expected for these units to be accommodated in the town centre. The introduction of trade counter uses does result in an element of retail which if uncontrolled has the potential to result in retail dominated units which should be located within the town centre as expressed in PPS6 Planning for Town Centres. This site is out of the town centre and located in an existing site used for employment purposes therefore this would seem an appropriate location for employment uses within B1(c), B2 and B8 and would comply with guidance within PPS6.

PPG4 – Industrial, Commercial Development and Small Firms states that, many urban areas contain large amounts of land, once used for industrial purposes but now under-used or vacant. Getting this land back into beneficial use is important to the regeneration of towns and cities. Optimum use should be made of potential sites and existing premises in inner cities and other urban areas, taking into account such factors as accessibility by public transport, particularly in the case of labour-intensive uses.

PPS4 – Planning for Sustainable Economic Development is still in its consultation phase but largely reflects the principles of PPG4. One of its general policies supports the use of vacant land. It states that, due to the increasing demands on the land available for development, local planning authorities should seek to make the most efficient and effective use of land and buildings, especially vacant or derelict buildings (including historic buildings). They should also take into account changing working patterns, economic data including price signals and the need for policies which reflect local circumstances.

Both PPG4 and the consultation document for PPS4 contain guidance that supports the form of development being sought in this application.

Policy E1 of the Oxfordshire Structure Plan states that development for employment purposes should be located mainly within or adjoining urban areas or in existing concentrations of employment with good accessibility from residential areas, particularly by non-car modes of transport. The proposal, given its location and nature of the units to be created will comply with this policy. In the same plan Policy E3 states that within Banbury the provision of land for employment will be made to achieve the appropriate balance between the number and type of jobs and the size and skills of the local workforce and provide for the expansion and relocation of existing local firms and to accommodate firms which need to be located in the area. Due to the varying size of the units and the ability to accommodate a range of employment uses the proposal would add to the employment opportunities in the town.

Policy EMP4 of the Non-Statutory Cherwell Local Plan states that proposals for employment generating development will be permitted within an existing employment site provided it can be carried out without undue detriment, the proposal is for small firms (up to about 500 square metres) and it will not give rise to excessive or inappropriate traffic. The outline proposal consists of units of between 231 square metres and 742 square metres, which are considered to be appropriate in this location and will not cause detriment to the surrounding area and would not, subject to final approval from the highway authority, give rise to excessive or inappropriate traffic. Therefore it is considered that the proposal complies with this policy. Policy S1 of the same plan is also complied with as this reflects the objectives of PPS6 referred to above.

In addition to the policies mentioned above the Council has an Economic Development Strategy (2007-2011) which supports the themes of the Community Plan. Development creating solely B1 and B2 development is likely to result in the creation of more jobs than B8 and trade counter uses. However the general theme of the Strategy is to promote employment generating development in suitable locations. The fact that there will be a limit on the extent of trade counter uses within the development will help to meet the targets of the Strategy.

In summary there are several policies which support the principle of such development in an existing employment generating site. It is recommended that there is to be a limit on the amount of floor space given over to trade counters therefore it is not considered that a more central site or a sequential test is required.

Impact on neighbouring uses The agents for the application have submitted an indicative plan indicating how a development of the scale proposed can be accommodated on the site. To the north of the site will be the access road and the existing Max Pax building, to the west of the site are warehouse buildings utilised by Kraft food, to the east of the site is the Southam Road, and heavy goods retail premises and to the south of the site is the cemetery. None of these land uses wil l be adversely affected by the type of development proposed in this application. With the exception of the cemetery the adjoining land uses are comparable to the proposal and the development will not result in any adverse impact on residential amenities.

Highway safety The access which is proposed to serve the development has not yet been constructed and when it was first approved in 2001 it was based on the operations of the Kraft Food site as it existed. However it is now proposed that it will also serve this proposal which has an overall increase in 4470 square metres of floor space. The Local Highway Authority (LHA) has no overall objections on the use of this access and the general principle of such a development in this location. However the LHA has requested more detailed information in order to demonstrate that the proposal is based on sound figures. For example queries are raised in relation the traffic generation and the trip rate calculations for the Max Pax building (which is not included within this application); trip distribution and the variations between am and pm flows; and whether or not sufficient parking is provided if units are to be used for B1, B2 or B8 uses.

Given that the application is for flexible B1, B2 and B8 uses it is difficult to establish the precise requirement, at this stage, for parking as the requirements for each use differ significantly. The parking standards require 1 space per 30 square metres of B1 floor space, 1 space per 50 square metres of B2 floor space and 1 space per 200 square metres of floor space. The indicative layout can satisfactorily accommodate sufficient parking if a third of the total floor space is allocated to each use. However in general terms if much more than a third of the floor space went to B1 there could be insufficient parking which may result in adverse traffic impacts. It has therefore been requested of the agent that the application either be amended to be more specific with regard to the quantity of floor space allocated to each use or a condition is imposed which restricts the quantity of B1 floor space.

The highways issues above do not affect the general principles of the proposal and it is hoped that these can be resolved through further discussion with the agents and the imposition of conditions if necessary. It is hoped that a further update will be provided at Committee with regard to these issues.

Water course and ecology There is a watercourse that runs across the site from west to east. This cuts across the proposed access road. The proposal is to culvert this water course. The site is also within flood zone 1 therefore a flood risk assessment has been submitted. A full response from Environment Agency is awaited.

6. Recommendation Approval subject to 1. The completion of a S106 agreement to secure a financial contribution towards the Banbury Integrated Transport Strategy and Public Transport Services. 2. Further comments being received from the Local Highway Authority and the inclusion/alteration of appropriate conditions 3. A full consultation response from the Environment Agency and the inclusion/alteration of appropriate conditions 4. The following conditions and planning notes

CONDITIONS 1. SC 1.0A (RC1) (Time for submission of reserved matters) 2. SC 1.1 (RC1) (Expiry of reserved matters) 3. SC 1.2 (RC1) (Duration limit) 4. SC 3.0 (RC10) (Submission of landscaping scheme) 5. SC 3.1 (RC10) (Implementation of landscaping) 6. SC 3.2A (RC10) ‘approval of the reserved matters application’ (Retained trees) 7. That prior to the commencement of development hereby permitted the proposed access from Southam Road shall be constructed, surfaced, laid and marked out, drained and completed in accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. (RC13B) 8. That a plan showing car parking provision in accordance with the District Council’s parking standards for vehicles to be accommodated within the site, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, and that such parking facilities shall be laid out, surfaced, drained and completed in accordance with the approved plan before the first occupation of the premises. The car parking spaces shall be retained for the parking of vehicles at all times thereafter. (RC15A) 9. SC 4.14C (RC66)(Cycle parking) 10. That before the new access onto Southam Road is first brought into use, the right hand turn lane on the Southam Road into the site access shall be provided in accordance with a detailed highway specification which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby approved. (RC13B) 11. SC 6.4BB (RC65A) (Restriction on mezzanine floors) 12. That where units are used for uses incorporating trade counters the floor area allocated to the trade counter shall not exceed fifteen percent of the total floor area. Reason: The use of the premises for retailing purposes would be inappropriate and would conflict with Government Advice in PPS6 – Planning for Town Centres and Policy E1 of the Oxfordshire Structure Plan. 13. That prior to the first occupation of any part of the development hereby permitted a piece of public art will be provided on site in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. Reason: To secure the provision of public art and the creation of a pleasant environment and to comply with Policy G3 of the Oxfordshire Structure Plan.

PLANNING INFORMATIVES 1. The applicant is advised that the Council encourages a high quality of design and the use of high quality materials in the final proposal. The development should utilise the frontage whilst also retaining the existing landscaping along Southam Road. 2. A Trade Effluent Consent will be required for any effluent discharge other than a ‘Domestic Discharge’. Any discharge without this consent is illegal and may result in prosecution. (Domestic usage for example includes – toilets, showers, wash basins, baths and canteens). Typical Trade Effluent processes include: - Laundrette/Laundry, PCB manufacture, photographic/printing, food preparation, abattoir, farm wastes, vehicle washing, metal plating/finishing, cattle market wash down, chemical manufacture, treated cooling water and any other process which produces contaminated water. Pre-treatment, separate metering, sampling access etc, may be required before the Company can give its consent. Applications should be made to Waste Water Quality, Crossness STW, Belvedere Road, Abbeywood, London, SE2 9AQ. Telephone 020 8507 4321. 3. With regard to surface water drainage it is the responsibility of the developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of Ground Water. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0845 850 2777. 4. Thames Water recommends the installation of a properly maintained fat trap on all catering establishments. It is further recommended, in line with best practice for the disposal of fats, oil and grease, the collection of waste oil by a contractor, particularly to recycle for the production of bio diesel. Failure to implement these recommendations may result in this and other properties suffering blocked drains, sewage flooding and pollution to local watercourses. Further information on the above is available in a leaflet, ‘Best Management Practices for Catering Establishments’ which can be requested by telephoning 020 8507 4321. 5. Thames Water would recommend that petrol/oil interceptors be fitted in all car parking/washing/repair facilities. Failure to enforce the effective use of petrol/oil interceptors could result in oil-polluted discharges entering local watercourses. 6. Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Water pipes. The developer should take account of this minimum pressure in the design of the proposed development.

SUMMARY OF REASONS FOR THE GRANT OF PLANNING PERMISSION AND RELEVANT DEVELOPMENT PLAN POLICIES The Council, as local planning authority, has determined this application in accordance with the development plan unless material considerations indicated otherwise. The development is considered to be acceptable on its planning merits as the proposal pays proper regard to the character and appearance of the site and surrounding area and has no undue adverse impact upon the residential amenities of neighbouring properties or highway safety. As such the proposal is in accordance with PPS6, PPG4 and Policies E1, E3, T1 and T8 of the Oxfordshire Structure Plan 2016. For the reasons given above and having proper regard to all other matters raised the Council considered that the application should be approved and planning permission granted subject to appropriate conditions as set out above.

CONTACT OFFICER: Carolyn Roche TELEPHONE NO: 01295 221826