1300781EOT- Markham Vale, Item 142. PDF 362 KB

Case Officer: Sarah Scott File No: CHE/13/00781/EOT Tel. No: (01246) 345786 Plot No: 2/544 Ctte Date: 31st March 2014

ITEM 7

EXTENSION OF TIME TO CHE/0502/0312 (MARKHAM VALE) - COMMERCIAL (NOT MAJOR RETAIL) OFFICE, INDUSTRIAL AND WAREHOUSE DEVELOPMENT NEW AND ALTERED ROADS (INCLUDING A MOTORWAY JUNCTION) LAND RECLAMATION, GROUND RE- MODELLING, DRAINAGE LANDSCAPING AND RE-USE OF RAILHEADS ON 360 HECTARES OF LAND IN BOLSOVER, STAVELEY AND SUTTON- CUM-DUCKMANTON ON BOTH SIDES OF THE M1 IN THE VICINITY OF THE FORMER MARKHAM COLLIERY A632 (CHESTERFIELD ROAD) ERIN ROAD, LOWGATES, ECKINGTON ROAD, HALL LANE AND THE A619 SOUTH OF STAVELEY AND LAND OFF, CHESTERFIELD ROAD, ERIN ROAD, LOWGATES, ECKINGTON ROAD AT MARKHAM EMPLOYMENT GROWTH ZONE, MARKHAM LANE, CHESTERFIELD, DERBYSHIRE, S44 5HS FOR DERBYSHIRE COUNTY COUNCIL AND HENRY BOOT DEVELOPMENTS LTD

1.0 CONSULTATIONS

DCC Highways Comments received dated 08/01/2014 and 19/03/2014 – no objections to proposed EOT App. acknowledging that conditions 9, 10, 11 and 18 (relating to highways matters) are no longer required. DCC Planning Comments received dated 31/01/2014 and 28/02/2014 – no objections to the proposed EOT App. as the development accords with local and national policy and is therefore supported for a further 10 years consent. Highways Agency Comments received dated 07/01/2014 and 12/03/2014 – no objections subject to previous conditions. Environment Agency Comments received dated 10/01/2014 – no objections subject to previous conditions. Yorkshire Water Comments received dated 24/12/2013 – no objections subject to previous conditions. English Heritage Comments received dated 15/01/2014 – advise that EOT should be determined in accordance with national / local policy guidance and the Council’s own conservation advice.

89 Derbyshire Wildlife Comments received dated 06/02/2014 – no Trust objections subject to previous conditions. DCC Archaeology Comments received dated 07/01/2014 and 14/03/2014 – no objections subject to previous conditions. Sheffield City Council No comments received Environmental Comments received dated 15/01/2014 and Services 03/03/2014 – no objections to accompanying Noise Assessment and changes associated. Design Services Comments received dated 07/01/2014 and 11/03/2014 – no objections subject to previous drainage conditions. Economic Comments received dated 21/02/2014 – no Development objections but seek a condition in respect of a local labour clause being imposed. Fire Officer No comments received Chesterfield Cycle No comments received Campaign Ward Members No comments received Staveley Town No comments received Council Neighbours/Site One letter of representation received Notice

2.0 THE SITE & SITE HISTORY

2.1 The site the subject of this application covers the entire Markham Vale site, formerly known as MEGZ.

2.2 Outline planning permission was granted in April 2005 for the MEGZ development under application CHE/0502/0312.

The application was described as: ‘Commercial (not major retail), office, industrial and warehouse development; new and altered road (including a new motorway junction); land reclamation, ground re-modelling, drainage, landscaping and re-use of railheads on 360 hectares of land in Bolsover, Staveley, Sutton-cum-Duckmanton on both side of the M1 in the vicinity of the former Markham Colliery, A632 (Chesterfield Road), Erin Road, Lowgates, Eckington Road, Hall Lane and the A619 south of Staveley at land off Chesterfield Road, Erin Road, Lowgates and Eckington Road.’

and proposed:  The development of 11 new employment areas totalling 85 hectares;  A new motorway junction (29A) on the M1;  New or improved roads linking the motorway junction and the new employment sites to existing roads in the area;  Environmental improvements on some 201 hectares, the majority of which were occupied as tips;  Retention of existing railway sidings; and  The provision of hotel / conference facilities.

2.3 The application site is spread across the Council boundaries of Chesterfield Borough, Bolsover District and North East Derbyshire. Permission was conditionally granted by Chesterfield Borough Council subject to fifty three planning conditions.

2.4 Since the granting outline planning consent, a number of reserved matters / full applications for the Markham Vale site have been received and determined as follows:

CHE/08/00268/REM - Reserved matters for industrial and warehousing buildings on Plot 1a on Plot 5 and Plot 1b. Conditional permission 26th June 2008.

CHE/08/00424/REM - Approval of reserved matters for CHE/0502/0312 for Plot 1 north and Plot 1 south. Conditional permission 22nd October 2008.

CHE/08/00382/REM - Approval of reserved matters of application CHE/0502/0312 for the construction of four industrial units on Plot 5 east. Conditional permission 20th November 2008.

CHE/09/00536/REM - Approval of reserved matters for Plot 5 JRM Ltd. Conditional permission 23rd October 2009.

CHE/09/00510/REM - Approval of reserved matters for Plot 5, MSE Hiller. Conditional permission 19th November 2009.

CHE/09/00778/REM1 - Variation of Condition 21 of Planning Permission CHE/0502/0312 (MEGZ). Approved 23rd April 2010.

91 CHE/11/00566/FUL - Proposed erection of a restaurant with drive through facility, car parking and associated access, landscaping and drainage works for Plot 7 McDonalds. Conditional permission 1st November 2011.

CHE/11/00592/REM - Construction of a warehouse & distribution unit (Class B8), with ancillary offices, access and car parking arrangements and associated infrastructure for Plot 2 south Andrew Page. Conditional permission 14th November 2011.

CHE/13/00014/REM1 - Variation of conditions 7, 11, 20, 21, 47, 49 and 50 of CHE/0502/0312 - Markham Vale (MEGZ) Regeneration Scheme - conditions 12 and 23 removed from application by letter dated 6th June 2013. Conditional permission 24th September 2013.

CHE/13/00288/REM - Construction of Class B2 unit including office and storage space, with associated landscaping, and associated access and car parking arrangements for Plot 5 Ready Egg. Conditional permission 8th July 2013.

CHE/13/00322/FUL - Proposed erection of petrol filling station (sui generis) with ancillary retail floorspace (for the sale of convenience goods including food, cards and newspapers, stationary and a sandwich shop) and drive thru cafe/restaurant (Use Class A3), with associated car parking, access arrangements and landscaping works for Plot 7 Eurogarages and Starbucks. Conditional permission 23rd July 2013.

CHE/13/00429/REM - Construction of Class B8 unit, with office space with associated landscaping, access and car parking arrangements for Plot 5 Holdsworth Foods. Conditional permission 2nd October 2013.

CHE/13/00539/OUT - Outline planning permission (with all matters reserved) for the proposed erection of retail units (Use Class A1), restaurant with drive thru facility (Use Class A3), and public house (Use Class A4), and associated infrastructure. Conditional permission 19th November 2013.

CHE/13/00846/REM - Application for approval of reserved matters for access, appearance, landscaping, layout, scale for public

92 house/restaurant - Planning Application CHE/13/00539/OUT. Pending consideration.

3.0 THE PROPOSAL

3.1 The application (which has also been submitted to Bolsover District Council and North East Derbyshire District Council) seeks an extension of time to implement the outline planning permission originally granted under application ref no. CHE/0502/0312. Permission was granted on 14th April 2005 fro a period of 10 years.

3.2 The extension of time submission includes a Noise Assessment and revisions to the Markham Vale Design Framework, which accompany changes sought to some of the original conditions of the outline planning permission as part of this latest application.

3.3 The original planning application was deemed to be EIA development and the original planning application was accompanied by an Environmental Statement. On this basis this latest application is accompanied by an updated Transport Assessment, an ES Addendum dated January 2013 and ES Appendices (submitted via email dated 19/12/2013) which seek to address changes in policy or other material considerations which have occurred since the previous grant of planning permission.

3.4 In respect of the above an accompanying letter prepared by Alliance Planning dated 27th November 2013 sets out which of the 53 original planning conditions the applicants seeks renewal of, and those which they consider are required to be amended or deleted.

4.0 PROCEDURE

4.1 The application has been submitted in accordance with the Town and Country Planning (General Development Procedure) (Amendment No. 3) (England) Order 2009 (SI 2009 No. 2261) and the Guidance issued by DCLG in October 2010 (Greater Flexibility for Planning Permissions), specifically under the exception of Paragraph 20.

4.2 Paragraph 20 of the Guidance allows Local Planning Authorities to extend outline planning permission with the ability to extend the time through which reserved matters applications can be submitted

93 in respect of the un-implemented phases of an outline planning application. The paragraph allows for such an extension in time where ‘the application has been submitted in outline and is to be implemented in phases, and one or more of the phases has begun. Under these circumstances, the procedures apply as long as the development was required or expressly permitted to be implemented in phases when the outline planning permission was originally granted by the local planning authority.’

Condition 6 of the outline planning permissions issued by all three determining authorities states that: ‘The development of the site shall be limited to commercial (excluding major retail), office, industrial and warehouse development, new and altered roads (including a new motorway junction), land reclamation, ground remodelling, drainage, landscaping and re-use of railheads and shall be carried out in substantial conformity with the following details submitted as part of the application:

a) The layout shown in the overall project proposals drawing nos. 9033/302, 9033/321,9033/322, and 9033/323 ("the overall project proposal plan"); the proposed ground levels shown on the Contour Plans drawing nos. 9033/361, 9033/362 and 9033/363; and the landscape, ecology and drainage proposals shown on drawing nos. 9033/371, 9033/372 and 9033/373, except as may be varied by conditions of this planning permission and as appropriate to each Local Planning Authority area;

b) The revised plans and additional information as set out in appendix A.’

4.3 The approved drawings referenced in Condition 6 show the scheme being formed by a number of development plots and phases. This confirms that the outline planning permission has been consented to be implemented in phases and therefore meets the eligibility criteria set out in Paragraph 20 of the DCLG Guidance issued in October 2010.

4.4 Bearing in mind that development on some phases of the original planning permission have commenced (under separate reserved matters approval) the Local Planning Authority has the power under this application process to impose different conditions or for

94 some conditions to be removed – for example in order to make the scheme acceptable in the light of new policies, changed circumstances or if some pre-commencement conditions have already been discharged.

5.0 CONSIDERATIONS

5.1 Planning Policy

5.1.1 The planning consent for Markham Vale was granted in 2005. Since that date, the policy framework has seen a number of key changes including adoption of the Replacement Chesterfield Borough Local Plan (RCBLP) in 2006; approval of the East Midlands Regional Plan/RSS (which has since been revoked); publication of the National Planning Policy Framework (NPPF) in 2012; and in July 2013 adoption of the Chesterfield Local Plan: Core Strategy.

5.1.2 The Markham Vale Design Framework has also now been in place since April 2008 and a part of the site became part of the Sheffield City Region Enterprise Zone in April 2012.

5.1.3 In assessing proposals to extend the time limit for implementation and variation of the conditions applying to the site, regard must be had primarily to policy PS4 of the Core Strategy. Regard must also be had to the objectives of the NPPF to “support sustainable economic growth” (para. 17 & 19) and that plans “should recognise and seek to address potential barriers to investment, including a poor environment or any lack of infrastructure, services or housing” (para 21). Policies CS1 (Spatial Strategy) and CS13 (Economic Growth) of the Core Strategy also seek to support Economic Regeneration and facilitate inward investment.

5.1.4 The route of HS2 Phase II, as published for consultation in July 2013, shows the line of HS2 provisionally passing through parts of the Markham Vale site, affecting the site of the south tip (which would require the construction of a cutting), parts of plots 1, 2, 13 and 15, and the proposed access infrastructure to the Seymour extension of the site. Although the potential impact of HS2 is significant it should be noted that the route was published for consultation only and a final route will not be fixed for planning purposes until a ‘safeguarding’ declaration is made, fixing the route and any safeguarded land, which is not expected until 2015 at the

95 earliest. The development of Markham Vale meanwhile remains a priority in the adopted Chesterfield Local Plan: Core Strategy (policies CS1 - Spatial Strategy, CS13 - Economic Growth and PS4 - Markham Vale).

5.1.5 Representation were made by Chesterfield Borough Council and Derbyshire County Council to HS2 during the consultation period on the published route identifying the potential impacts of the project and requesting that the scheme be revised to minimise any adverse impacts. It should be noted that the proposed route of HS2 may well change as a result of comments made during the consultation period (which closed at the end of January 2014), and as a result of detailed engineering appraisal and design work yet to be carried out. This may lead to changes in the likely impact of the route on the application site.

5.1.6 As the route has only been published for consultation purposes so far and the route has not been safeguarded for planning purposes. Only limited weight can be attached to it as a consideration, compared with the more substantial weight that should be given to the adopted Local Plan policies. Separate mechanisms will exist to resolve any compensation issues that may arise once a safeguarded route is published. However due to the potential impact upon the Markham Vale scheme is HS2 were built as indicated in the consultation route, it should be brought clearly to the applicant’s attention.

5.2 Principle of Development

5.2.1 Markham Vale is a strategic regeneration site of recognised regional importance and delivery of the regeneration package as a whole is vitally important to assist economic regeneration of the area. It is a Council priority. Redevelopment of the site was hit hard by the economic downturn therefore it is now more important than ever to ensure that planning mechanisms remain in place to aid economic recovery and assist the developer to promote ongoing development within the Markham Vale regeneration scheme. Providing good quality serviced employment land is key to generating jobs which in turn lead to housing demand and increased spend in the towns economy.

96 5.2.2 Policy PS4 of the Core Strategy enforces the principles set out above and seeks to secure development that contributes to the strategic employment site in accordance with the aspirations of the wider outline planning permission. An extension of time to the original outline consent would accord with the aspirations of the Council’s Core Strategy and those that seek ongoing sustainable economic growth in the wider NPPF. It is therefore considered that the principle of approving an extension of time to application CHE/0502/0312 is acceptable. On this application it is only appropriate to consider the impacts of any changed circumstances since the original permission was granted.

5.3 Conditions

5.3.1 The original outline consent for the redevelopment of Markham Vale was granted approval 9 years ago (with 2 no. subsequent variation of condition applications also approved in 2010 and 2013). Since that date works have taken place to form new strategic infrastructure and various on plot developments have started to shape the development vision of Markham Vale. Many of the planning conditions imposed in the original outline planning permission, to which the developer is required to comply with, required delivery of certain aspects of the associated infrastructure by certain dates and some further restricted the type and delivery timing of development. In deciding whether to grant an extension of time planning permission the Council must have regard to those works which may have already taken place to comply with conditions and any subsequent decisions since the original planning approval that may have changed the requirement / need for conditions. It is appropriate to look at each condition.

5.3.2 Condition 1 Applications for the approval of reserved matters for each element of the proposal are required before development can start on that element and shall be made to the Local Planning Authority before the expiration of ten years from the date of this permission.

This condition facilitates subsequent submission / approval of reserved matters application and should therefore be re- imposed. A decision to extend the time limit for a further 10 years is deemed acceptable and reasonable (in the interests of economic growth and promotion) as an opportunity to

97 extend the time of an existing planning permission exists only once.

5.3.3 Condition 2 The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Condition 3 Approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") as appropriate for each element of the proposal shall be obtained from the Local Planning Authority in writing before any development for that element is commenced and shall thereafter be carried out as approved.

The two conditions above are standard time limit and reserved matters conditions that are imposed on all outline planning permissions. They should therefore be re-imposed.

5.3.4 Condition 4 The Reserved Matters submitted in accordance with condition 3 shall be accompanied by a Design Statement demonstrating how the proposal takes account of the Design Framework approved in accordance with condition 40.

Condition 5 The Reserved Matters submitted in accordance with condition 3 shall include details of the design, position, materials and finish of any external plant or machinery. Thereafter the development shall be implemented and retained in accordance with the approved details.

The two conditions above relate to design requirements of any subsequent reserved matters schemes. The Design Framework has been a successful tool in influencing development of the plots and both of these conditions are still applicable and should be re-imposed.

98 5.3.5 Condition 6 The development of the site shall be limited to commercial (excluding major retail), office, industrial and warehouse development, new and altered roads (including a new motorway junction), land reclamation, ground remodelling, drainage, landscaping and re-use of railheads and shall be carried out in substantial conformity with the following details submitted as part of the application:

b) The revised plans and additional information as set out in appendix A.

The condition above details the approved plans of the original outline planning permission, of which some of the works have been completed and others depend upon subsequent reserved matters approval. The condition is still applicable and should be re-imposed.

5.3.6 Condition 7 No development within sites 13 and 14, except for the creation of landforms, road works and infrastructure, and the construction of the road bridges and link road from Erin Road to access Seymour, shall commence until 75% of the development plots shown on plan 9033/432C in phases 1 and 4 are first occupied and the south tip and phase 2 has been restored and completed save for the tree planting and aftercare period. Unless the development cannot reasonably be accommodated within phases 1 and 4 and agreed in writing by the Local Planning Authority.

The condition above was varied by application CHE/13/00014/REM1 in September 2013 and therefore remains applicable and should be re-imposed in its varied form.

99 5.3.7 Condition 8 There shall be no works for the erection of buildings or the use of land on any greenfield sites (i.e. land not previously developed being for the purposes of this condition sites 5, 6 (in part), 7, & 8) unless there has been an equivalent area of previously developed land restored to a condition fit for purpose (ie plots 1, 2 and 9A (if the lawful planning use has ceased).

Plots 1, 2 and 9A have all been prepared with development platforms created in readiness for development. It is considered that the condition of these plots is now fit for purpose and therefore this condition is no longer required.

5.3.8 Condition 9 There shall be no occupation of development, except on sites 1, 2 and 9A until the M1 junction 29A is open to traffic, this includes roundabouts at the end of slip roads, interconnecting roads and improvements to Markham Lane as shown "M1 Junction and Connecting Roads" in blue on the drawing 9033/463 attached to this decision notice, unless otherwise agreed in writing by the Local Planning Authority.

The M1 Junction 29A is operational and open to traffic and therefore this condition is no longer required.

5.3.9 Condition 10 Prior to the opening of the M1 Junction 29A to traffic, the following shall be submitted for consideration and approved in writing by the Local Planning Authority:

 A scheme of measures to prevent all but local traffic passing through Duckmanton and Long Duckmanton

 A scheme of traffic signals or other traffic management/ control measures to be installed at:

 A, A619 Mastin Moor Crossroads, and  B, Erin Road/Cemetery Lane junction, and  C, See note 1.

The approved details shall be implemented in full prior to the opening of the M1 junction 29A to traffic and shall be retained as

100 such thereafter, unless otherwise approved in writing by the Local Planning Authority.

The M1 Junction 29A is open to traffic and appropriate improvement measures have been implemented therefore this condition is no longer required.

5.3.10 Condition 11 - was deleted from the outline planning permission as part of application CHE/13/00014/REM1 in September 2013.

5.3.11 Condition 12 Within 3 years of the opening of the M1 junction 29A to traffic:  The 'Staveley Loop Road' from the A619 west of Staveley to Erin Road shall be opened to traffic, and  Erin Road shall be reconstructed to 7.3m wide carriageway with cycleway and footway as shown on the approved drawings unless otherwise approved in writing by the Local Planning Authority.

In order to have complied with the condition, the infrastructure works should all have been completed by June 2011 (as the M1 29A Junction opened in June 2008); however the Council is aware that Phase VII of the Staveley Loop Road has not yet been built and only part of the Erin Road section has been upgraded to the standard required.

The infrastructure works remain a component part of the development as a whole, and whilst it may not have been deemed expedient to enforce completion of these works after 2011, because of delays in the schemes delivery, they are, on the basis of current evidence, still deemed necessary to improve site connections and facilitate a traffic balance if implementation of the development is to be extended and completed.

The Council cannot re-impose a time bound condition that is clearly already in breach, therefore a new condition should be re-introduced that secures delivery of the infrastructure in line with new triggers in the delivery of development / floorspace.

101 The widening of Erin Road is beneficial to the development as a whole but in the main to plots 13, 14, 15 and 16 and so this component of the highway infrastructure work can be conditioned to be connected to this phase of development. It would be appropriate to tie completion of such works to be concurrent with any increase in traffic arising from the development of plots 13 – 16. Delivery of Phase VII of the Staveley Loop Road however is different as its requirement is based upon the need to relieve traffic that has been generated as a result of the development which would otherwise be travelling through Staveley Town Centre. A decision on the appropriate trigger for this element of infrastructure would be more appropriately linked to an agreed traffic demand justifying the need for the link and this would most appropriately be linked to the development out of a level of floorspace. This would need to be agreed between the applicant, the Local Highways Authority and the Local Planning Authority, particularly given the time that has lapsed since the original outline submission and approval. It is therefore considered appropriate to impose a revised condition to that effect as follows:

Except for the creation of landforms, road works and infrastructure, and the construction of the road bridges and the link road from Erin Road to access Seymour, any other development in connection with individual sites 13 and 14 shall not commence until Erin Road has been reconstructed to a 7.3m wide carriageway with cycleway and footway as shown on the approved drawings; and Within one year of the date of this consent a methodology assessing forecast traffic modelling for the whole Markham Vale development to inform an alternative implementation programme for the delivery of Phase VII of the Staveley Loop Road shall have been submitted to the Local Planning Authority for consideration. In the absence of an alternative programme being agreed; Phase VII of the Staveley Loop Road shall be completed and be open to traffic within 5 years of the date of this consent.

5.3.12 Condition 13 Development on plots 13, 14, 15 and 16 shall not be occupied until the access road from Erin Road is completed and available for use and the haul road from Seymour Lane is permanently closed to

102 vehicular traffic, in accordance with a scheme previously submitted to the Local Planning Authority for consideration and approved in writing by the Local Planning Authority. Only the approved haul road closure scheme shall be carried out and thereafter retained unless agreed in writing by the Local Planning Authority.

The condition above details the provision and amendment of highway infrastructure associated with the development of Plots 13, 14, 15 and 16 (Seymour). The requirements of this condition are still necessary / applicable and should be re- imposed.

5.3.13 Condition 14 Notwithstanding the details shown on drawing No. 9033/414 (submitted under cover of letter dated 8th July 2003), within one year of the opening of the M1 Motorway junction 29A, a feasibility study shall be carried out, to determine the optimum location for a passenger railway station with a park and ride facility, to serve the Clowne and Bolsover branches, Chesterfield, Staveley and Barrow Hill on the railway line passing through the MEGZ. In line with the findings of the study, the access and site shall be safeguarded from any development, which would prejudice the implementation of the access, station or park and ride facility.

Condition 15 No development shall take place on any site agreed under condition 14 other than for the purpose of a railway station (which includes a park and ride facility) unless it can be demonstrated and agreed in writing with the Local Planning Authority that such a facility is not required or the development cannot be reasonably accommodated elsewhere within the MEGZ development, in which case following the approval in writing from the Local Planning Authority the use of that land shall revert to that as shown on the approved MEGZ development plan ref 9022/302.

The applicant is of the opinion that the requirements of condition 14 have been met and it is confirmed that a rail feasibility study was submitted to the Local Planning Authority for consideration. Notwithstanding this however the applicant who submitted the feasibility study was advised by letter dated 12th August 2009 that the study was not acceptable and therefore the requirements of condition 14 have not been met.

103

In a similar circumstance to condition 12 above, it has not been expedient to pursue compliance with this condition because of delays in the schemes delivery however the evidence is still deemed necessary in accordance with the considerations of the original outline planning permission. The Council cannot re-impose a time bound condition that is clearly already in breach, therefore a new condition should be re-introduced as follows: Within one year of the date of this consent a revised feasibility study shall be carried out, to determine the optimum location for a passenger railway station with a park and ride facility, to serve the Clowne and Bolsover branches, Chesterfield, Staveley and Barrow Hill on the railway line passing through the Markham Vale site. In line with the findings of the study, the access and site shall be safeguarded from any development, which would prejudice the implementation of the access, station or park and ride facility.

Condition 15 should be implemented as originally worded.

5.3.14 Condition 16 The railway siding serving site 1 shall be retained. Land adjoining the siding shall be reserved for rail freight receipt and despatch. The area of land so reserved shall be as shown on drawing No. 9033/412 submitted under cover of the applicant's letter dated 8th July 2003. It shall be reserved for such use until such a time as it can be demonstrated and agreed in writing with the Local Planning Authority that such a facility is not required and the development proposed for the reserved area cannot be reasonably accommodated elsewhere within the MEGZ development.

Condition 17 The railway siding serving plot 13 shall be retained. Notwithstanding the details shown on drawing no. 9033/413 (submitted under cover of the applicant's letter dated 8 July 2003), the whole of the southern section of plot 13 (shown as "proposed railhead site on Drawing 9033/463 attached to this decision notice) shall be reserved for development primarily served by rail for freight receipt and despatch or for employment generating uses requiring direct access to the railway system unless it has been demonstrated and agreed in writing with the Local Planning Authority that:

104  There is no demand for such facilities in that location, or  The majority of the other sites within the MEGZ development are developed or development of them has begun, or  The development proposed for the reserved area cannot reasonably be accommodated elsewhere within the MEGZ development authorised by this permission.

Provision and protection of the 2 no. railway sidings detailed in the conditions above is still regarded to be appropriate and necessary, notwithstanding the fact both of these sites may be affected by the proposed alignment of the HS2 route. Given the policy standing of the HS2 proposals at this time (set out in para. 5.1.4 above) the requirements of this condition are still deemed necessary / applicable and should be re-imposed.

5.3.15 Condition 18 Within 12 months of the start of development a Corporate Travel Plan for the whole of the MEGZ development shall be submitted to and approved in writing by the local planning authority and implemented as so approved.

Condition 19 The Reserved Matters submissions for each element of traffic generating development shall include a Travel Plan, which shall show its relationship to the Corporate Travel Plan.

The Corporate Travel Plan (CTP) has been submitted and approved in connection with the condition above. The applicants comment that given the details for the CTP have been submitted condition 18 is now obsolete; however there is an ongoing requirement for the Corporate Travel Plan to be implemented as approved as there is an ongoing requirement for any subsequent reserved matter submission to tie a Travel Plan to this document.

Given that the CTP relates to development that is yet to take place it is therefore suggested that condition 18 and 19 be combined and revised as follows: The Corporate Travel Plan, submitted on the 10th April 2008 and approved in writing on 30th May 2008, shall continue to be implemented as approved; and any subsequent reserved matter submissions for each element of traffic generating

105 development shall include a Travel Plan, which shall show its relationship to the approved Corporate Travel Plan.

5.3.16 Condition 20 - was deleted from the outline planning permission as part of application CHE/13/00014/REM1 in September 2013.

5.3.17 Condition 21 A maximum of 265,000sqm of employment led (B1, B2 and B8) development within MEGZ shall be developed within the MEGZ site. No more than 6,038sqm net of B1 Business Use (as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) shall be developed. Of the remaining 258,962sqm no more than 201,362sqm gross shall be developed for B2 General Industrial Use (as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) and no restriction is place on the proportion of the 258,962sqm gross which is developed for B8 Storage and Distribution Use (as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended).

The condition above was varied by application CHE/13/00014/REM1 in September 2013 and therefore remains applicable and should be re-imposed as varied.

5.3.18 Condition 22 Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987(as amended) (or any order revoking or re-enacting that order) there shall be no change from an implemented General Industrial (B2) use to an office use B1(a) without the prior express consent of the Local Planning Authority.

The requirements of this condition are still necessary / applicable and should be re-imposed.

5.3.19 Condition 23 Development Sites 6(in part), 7 and 8 shall only be used for Class B1 Business use as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) except for an area not exceeding 1ha. which may be developed for a hotel, or conference or similar facilities, to serve the MEGZ development.

The provisions of the condition above is affected by changes to the B1, B2 and B8 floorspace quantum originally consented under applications CHE/09/00778/REM1 and

106 CHE/13/00014/REM1. Furthermore the Council has also approved a separate outline planning permission CHE/13/00539/OUT which allows for a wider range of A Class uses on Plot 7 East - which over writes the 1ha, ancillary uses originally intended in connection with this condition.

The applicant seeks deletion of this condition, which is considered to be appropriate given that there have been changes in national and local policy; and the fact that material considerations have been presented by subsequent decisions and as evidence with this latest submission to suggest a different conclusion can be reached.

A Noise Assessment accompanying this application illustrates how a reduction in B1 floorspace and the introduction of B2 and B8 uses onto Plots 6, 7 and 8 will not adversely impact upon neighbouring properties by virtue of noise. Furthermore a Design Framework addendum (covering Plots 6 and 7) has been prepared illustrating that on plot design is not comprised as a result of these changes.

The deletion of condition 23can therefore be accepted.

5.3.20 Condition 24 Unless otherwise indicated by the Design Framework as approved in accordance with condition 40 no development (including buildings, plant and equipment) shall exceed the following heights:  On site 5 not to exceed 10m in height above the approved finished platform levels within 100m of the A632;  On sites 6 and 7 not to project above 101 metres ordnance datum;  See note 1.  See note 1.

The height parameters set out in the condition above were set to protect views of Bolsover Castle and Sutton Scarsdale Hall therefore they remain applicable and should be re-imposed.

5.3.21 Condition 25 The drainage of the development shall be in accordance with the Drainage Management Strategy described in the Environmental Statement (at sections 5.4.28 to 5.4.31) and generally as shown on

107 drawings Nos. 9033/371, 372 and 373 submitted as part of the planning application details.

Elements of the overall drainage management strategy are still to be implemented (for example Seymour and Staveley Loop Road Phase II) and therefore the requirements of this condition are still applicable to the development and should be re-imposed.

5.3.22 Condition 26 Prior to the commencement of development on the Staveley Northern Loop Road (phases VI and VII) details of compensatory flood water storage to offset development within the floodplain (shown on drawing no. 9033/288 submitted as part of the planning application documents) shall be submitted to and approved in writing by the Local Planning Authority and implemented as so approved.

Phase 6 of the Staveley Loop Road is now complete and the compensatory flood water storage scheme has been approved and implemented on site. Phase 7 of the Loop Road however has not yet been implemented therefore there is an ongoing requirement for this phase of works to be completed alongside this approved scheme. The applicants note that the pre-commencement requirements of this condition are now obsolete, which is accepted, however the condition will be required to remain to ensure implementation as approved. It is therefore suggest that the condition be revised as follows: Development of the Staveley Northern Loop Road Phase VII shall be implemented in accordance with the compensatory flood water storage scheme revisions submitted on the 8th March 2007 and approved in writing on the 26th January 2012.

5.3.23 Condition 27 Prior to the commencement of any phase of the development, details of the diversion or stand-off distances from sewers that cross the site in that phase shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be carried out concurrent with the development.

108 Condition 28 Prior to the commencement of any phase of the development, details of the proposed means of disposal of foul and surface water drainage including details of any balancing works and off-site works shall be submitted to and approved in writing by the Local Planning Authority and implemented as so approved.

Condition 29 The site shall be developed with separate systems of drainage for foul and surface water on and off site.

Condition 30 Prior to the commencement of development on individual sites details of foul and surface water drainage, to include the use of oil interceptors for the drainage of surface water from parking areas and hardstandings shall be submitted to and approved in writing by the local planning authority. There shall be no occupation or bringing into use of individual sites until the approved details have been implemented, unless otherwise agreed in writing by the Local Planning Authority.

The above conditions all relate to drainage provisions which are triggered by the commencement of development of any phase and thereafter any specific individual site. The developers have complied with these conditions in respect of the phases prepared for development, but there is an ongoing requirement for compliance with all of these conditions in respect of phases yet to commence (Seymour etc). The conditions therefore are still applicable to the development and should be re-imposed.

5.3.34 Condition 31 Any facilities for the storage of oils, fuels or chemicals shall be in accordance with the following:  Any facility shall be sited on impervious bases and surrounded by impervious bund walls.  The volume of the bund compound shall be at least equivalent to the capacity of the largest tank or the combined capacity of the interconnected tanks plus 10%.  All filling points, vents, gauges and sight glasses must be located within the bund.  The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata.

109  Associated pipework shall be located above ground and protected from accidental damage.  All filling points and tank overflow outlets shall be detailed to discharge downwards into the bund.

The requirements of the condition set out above are imposed in the interest of protecting the surrounding environment from potential sources of pollution. Their provisions will relate to any subsequent reserved matters submission and therefore this condition is still applicable and should be re-imposed.

5.3.35 Condition 32 Within six months of the commencement of development a programme of ongoing protected species surveys shall be submitted to, and approved in writing by the Local Planning Authority. The programme shall be reviewed and approved annually until such time as all sites are developed, shall identify the areas to be surveyed, the protected species to be surveyed in the following twelve months, the objectives of the surveys, and shall set out the methodologies to be used and the procedures for reporting to the Local Planning Authority the survey results. The results of all surveys shall be utilised as baseline information in relation to specific mitigation works.

Condition 33 No works shall be commenced on individual phases of the development, until separate detailed ecological surveys (including protected species) and ecological mitigation schemes, have been submitted to and approved in writing by the local planning authority and these schemes shall be carried out as approved. The schemes shall include details of:

 Methodologies for the proposals for any protected species translocation;  Methods for the protection of existing features (which include trees and hedgerows) and species in situ, including stand-offs, fencing and timing of operations.  Principles of ongoing long-term management.

Condition 34 Within one year of the commencement of development on any individual phase or phases detailed schemes for that phase or phases incorporating the aims and project elements set out in the

110 MEGZ Environmental Strategy (paras. 5.18 - 5.42 of the Planning Application Proposal), and providing comprehensive details of proposals for landscape works Shall be submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. Landscape works shall include:

 Tree, shrub and hedgerow planting and five year aftercare proposals in accordance with the Environmental Strategy for the areas shown on drawing no. 9033/300. Which shall include, a planting programme, planting schedules of species, locations, numbers, ground preparations, spacing, grouping, stock size, stock protection, fertiliser application, weed control and replacement planting.  Habitats to be newly created or existing habitats to be enhanced and five years aftercare proposals, including construction, seeding, planting and establishment details.  Principles of ongoing long-term management.

Condition 35 Within six months of the date of approval for the separate detailed schemes in accordance with conditions 33 and 34, a comprehensive Landscape and Ecology Management Plan for the long term management of all newly established planting, newly created or enhanced habitats, including wetland areas, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter such areas shall be managed in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

The conditions detailed above are a package of requirements which relate to the undertaking of ecological surveys, landscaping works and ongoing maintenance plans. In a similar circumstance to the drainage conditions the above conditions are triggered by the commencement of development of any phase and thereafter any specific individual site. The developers have complied with these conditions in respect of the phases prepared for development, but there is an ongoing requirement for compliance with all of these conditions in respect of phase yet to commence (Seymour etc). The conditions therefore are still applicable to the development and should be re-imposed.

111 5.3.36 Condition 36 See note 1.

Condition 37 See note 1.

These conditions (or part of the condition) is not included as it specifically relates to aspects of the Markham Vale development, which affects land within another Local Planning Authorities area and not Chesterfield Borough. The planning condition number is retained for clarity to maintain consistency in numbering between the three Local Planning Authorities decision notices for this cross-authority development.

5.3.37 Condition 38 No development shall be commenced on an individual phase or phases of the development approved by this permission prior to:

a) Additional desk based studies being carried out by a competent person to identify and evaluate all potential sources and impacts of land and/or groundwater contamination relevant to the site. Based on the findings of the desktop studies, any necessary intrusive site investigations shall be carried out by a suitably qualified person. b) Once any additional investigations are completed the submission and subsequent approval in writing by the Local Planning Authority, of a detailed remediation statement together with a timetable of works.

If any additional contamination is identified or discovered during works on site, which has not previously been considered in the Remediation Method Statement, then additional remediation proposals for this material shall be submitted to the Local Planning Authority for written approval. Any approved proposals shall thereafter form part of the Remediation Method Statement. The contaminated land assessment must be carried out in accordance with current UK guidance and should include a conceptual site model that identifies all potentially significant pollutant linkages. Two hard copies and one electronic copy of all reports should be submitted to the Local Planning Authority.

112 Upon completion of the works, a Remediation Validation Report shall be submitted demonstrating that the works have been carried out and remedial targets have been achieved.

The above condition relates to contamination studies which are triggered by the commencement of development of any phase. The developers have complied with these conditions in respect of the phases prepared for development, but there is an ongoing requirement for compliance with all of these conditions in respect of phases yet to commence (Seymour etc). The condition therefore is still applicable to the development and should be re-imposed.

5.3.38 Condition 39 Prior to the commencement of the development or any agreed phasing of development, which involves soil movement, a Soils Management Strategy shall be submitted to the Local Planning Authority for consideration to ensure that soils (topsoil and subsoil) are identified and methods of handling, storage (including location and heights) and testing for a suitable re-use are agreed. The Soil Management Strategy shall be carried out as approved as part of the development.

The above condition relate to soils management which is triggered by the commencement of development of any phase. The developers have complied with these conditions in respect of the phases prepared for development, but there is an ongoing requirement for compliance with the condition in respect of phases yet to commence (Seymour etc). The condition therefore is still applicable to the development and should be re-imposed.

5.3.39 Condition 40 Within 6 months of the commencement of any development, a Design Framework for the MEGZ development shall be submitted in writing to the Local Planning Authority for approval. The design framework shall:

a) Be in conformity with the other conditions attached to this permission;

113 b) Be based upon a viewshed analysis of the application site which shall determine the extent of any likely adverse impact of the development on views from Bolsover Castle, Sutton Scarsdale Hall and Hardwick Hall (as discussed in sections 7.8.27, 7.8.28 and 7.11.2 of the Environmental Statement) and shall include mitigation measures based upon the analysis necessary to preserve or enhance those views; c) Include guidance on the design of buildings including siting, layout, massing, materials and colours, the setting of buildings (including landscaping, and the layout of car parking and the boundary treatment of service areas), lighting, signage and the use of sustainable technologies; and d) Include a public art strategy incorporating public art within each phase of the development.

The approved design framework shall be used to guide development.

The applicant shall submit to the Local Planning Authority a review of the design framework which will take place at least every 3 years from the date of adoption, the reviewed design framework shall be submitted for consideration by the Local Planning Authority and when approved will supersede any previously approved design frameworks.

The Markham Vale Design Framework was approved in 2008 and has formed an ongoing design tool steering on plot development the subject of reserved matters submissions. It was reviewed in 2011 and agreed for a further 3 years.

The applicant suggests that the condition is obsolete in respect of its pre-commencement requirement, which is accepted, however any new outline planning permission must be tied to the approved Design Framework to secure its ongoing implementation and therefore a replacement condition is suggested as follows: Development shall be implemented in accordance with the approved Markham Vale Design Framework (April 2008 and any subsequent approved revisions / editions) and the Design

114 Framework shall be used to guide any Reserved Matters submitted in accordance with condition 3.

A review of the Design Framework shall take place at least every 3 years from the date of this consent, with the review being submitted to the Local Planning Authority for consideration and any subsequent approval will supersede any previously approved edition.

5.3.40 Condition 41 Prior to commencement of each phase of development, details of the phasing of earthworks and related activities, to include hours of working (which shall not exceed 0700-1900 Monday-Friday; 0700- 1300 Saturdays; not at all on Sundays and statutory public holidays) transportation methods and routes, shall be submitted for consideration. Only the approved phasing, transportation methods routes and hours of working shall be carried out on site unless otherwise agreed in writing by the Local Planning Authority.

Condition 42 During construction the noise mitigation measures contained in section 13 of the Environmental Assessment submitted as part of the planning application shall be implemented.

The above conditions relate to the control of works incidental to each respective development and their requirements are triggered by the commencement of development of any phase. The developers have complied with these conditions in respect of the phases prepared for development, but there is an ongoing requirement for compliance with these conditions in respect of phases yet to commence (Seymour etc). The condition therefore is still applicable to the development and should be re-imposed.

5.3.41 Condition 43 Prior to the opening to traffic of the M1 motorway junction 29A and the Staveley Loop Road a noise mitigation scheme (including details of surfacing and boundary treatments) for properties affected by increased traffic noise (which for M1 junction 29A would include properties near the new roads, as defined in red and blue on drawing 9033/463 attached to this decision and along Erin Road at Poolsbrook, and for the Staveley Loop Road, which would include properties along the disused railway corridor at Staveley)

115 shall be submitted to the Local Planning Authority for consideration and approval in writing. The approved noise mitigation measures shall be implemented as so approved.

The above condition was imposed in respect of securing appropriate noise mitigation measures for residents potentially affected by elements of new highway infrastructure proposed as part of the wider outline planning permission. It is noted that both the Motorway Junction and the Staveley Northern Loop Road Phase VI have opened to traffic and the developer has complied with the requirements of this condition in respect of these elements. Phase VII of the Staveley Northern Loop Road is still to be completed therefore there remains an ongoing requirement to submit a noise mitigation scheme for this section of infrastructure. It is therefore considered that the condition be revised as follows: Prior to the opening to traffic of the Staveley Northern Loop Road Phase VII a noise mitigation scheme (including details of surfacing and boundary treatments) for properties affected by increased traffic noise (which would include properties along the disused railway corridor at Staveley) shall be submitted to the Local Planning Authority for consideration. Only the noise mitigation measures which receive written approval shall be implemented and thereafter maintained in perpetuity.

5.3.42 Condition 44 See note 1.

This condition relates to matters outside Chesterfield Borough. The planning condition number is retained for clarity to maintain consistency in numbering between the three Local Planning Authorities decision notices for this cross-authority development.

5.3.43 Condition 45 Prior to the commencement of development details of mitigation measures to be taken to ensure that there is no significant deleterious effect on current air quality during the construction period and as contained in the Environmental Statement (section 6) shall be submitted for consideration and approval to the Local Planning Authority and implemented as so approved.

116 The details in respect of the above condition were considered and approved in September 2009. The applicant suggests that the requirements of this condition are obsolete in respect of its pre-commencement requirement, which is accepted, however it is necessary to require ongoing compliance with these details in respect of any future developments. Therefore the following replacement condition is recommended:

The Air Quality Mitigation Measures approved in writing on 14th September 2009, shall continue to be implemented as approved to ensure that there is no significant deleterious effect on current air quality during the construction period and as contained in the Environmental Statement (Section 6).

5.3.44 Condition 46 Prior to the commencement of any phase of development a written programme of investigative archaeological work shall be submitted to the Local Planning Authority for consideration and approval in writing. No development shall take place on that phase until the programme of archaeological work has been implemented as approved.

The above condition relates to archaeological work which is triggered by the commencement of development of any phase. The developers have complied with these conditions in respect of the phases prepared for development, but there is an ongoing requirement for compliance with the condition in respect of phases yet to commence (Seymour etc). The conditions therefore are still applicable to the development and should be re-imposed.

5.3.45 Condition 47 Details of a replacement football pitch and associated facilities for the one shown on drawing no 9033/371 on the south side of Markham Road, Duckmanton shall be submitted to the Local Planning Authority for consideration within two years of the date of approval of this planning permission. The new football pitch and associated facilities shall be implemented and be made available for use within one year of the date of the written approval of the details and shall be thereafter be retained.

117 The condition above was varied by application as above CHE/13/00014/REM1 in September 2013 and therefore remains applicable and should be re-imposed as varied.

5.3.46 Condition 48 The play area detailed on plan No 9033/296 received on 29/01/2003 at Hassop Road, Staveley shall be relocated upon commencement of works on the Staveley Loop Road. The play area shall thereafter be retained.

The play equipment has been provided and therefore this condition is no longer required.

5.3.47 Condition 49 Prior to the commencement of any phase of works on the Staveley Northern Loop Road (as detailed on drawing no. 9033/463A - northern loop road phase 1 and 2), details shall be submitted to the Local Planning Authority of how the future Chesterfield Canal route will be protected to allow for future restoration in connection with the associated phase of the Staveley Northern Loop Road.

The condition above was varied by application CHE/13/00014/REM1 in September 2013 and therefore remains applicable and should be re-imposed.

5.3.48 Condition 50 Within 5 years of the relevant phase of the Staveley Northern Loop Road being open to traffic the associated section of the Chesterfield Canal shall be restored and navigable in accordance with details approved in association with condition 49.

The condition above was varied by application CHE/13/00014/REM1 in September 2013 and therefore remains applicable and should be re-imposed.

5.3.49 Condition 51 No relevant section of the Staveley Loop Road as shown "Staveley Loop Road” (Phase 1 and 2) on drawing 9033/463 shall be opened to traffic until the affected/realigned section of the trans-pennine trail is opened for use by the public.

118 Phase VI of the Staveley Loop Road is now complete and the Trans-Pennine trail relative to this section of infrastructure is open for use by the public. Works associated with Phase VII of the Loop Road have not yet been undertaken and these may affect / realign the Trans-Pennine trail relative to this section of the highway infrastructure therefore there is an ongoing requirement for this phase of works to be completed in accordance with this condition.

It is therefore suggest that the condition be revised as follows:

No section of the Staveley Northern Loop Road Phase VII shall be opened to traffic until the affected/realigned section of the Trans-Pennine trail is opened for use by the public.

5.3.50 Condition 52 Prior to their installation on site, details of works of art to be provided as part of the MEGZ scheme shall be submitted to the Local Planning Authority for consideration accompanied by a statement showing how the proposal takes account of the approved Design Framework. Prior to the completion of the phase of development to which a work of art relates the approved work of art shall be constructed, erected and thereafter retained and maintained.

The outline planning permission was originally granted subject to a S106 agreement which secured a public art provision in connection with the condition above. The applicants will be required to progress a deed of variation to tie any new consent to the old S106 agreement therefore this condition is still applicable and should be re-imposed.

5.3.51 Condition 53 Prior to the commencement of works on the Staveley Loop Road details of the external material to be used on the proposed Chesterfield Canal Bridges shall be submitted for consideration and approval in writing to the Local Planning Authority. Only the approved external materials shall be used.

Phase VI of the Staveley Loop Road is now complete and the canal bridges relative to this section of infrastructure are in place. Works associated with Phase VII of the Loop Road

119 have not yet been undertaken and these may require further bridge works relative to this section of the highway infrastructure therefore there is an ongoing requirement for this phase of works to be completed in accordance with this condition.

It is therefore suggested that the condition be revised as follows:

Prior to the commencement of works on Phase VII of the Staveley Northern Loop Road details of the external materials to be used on the proposed Chesterfield Canal Bridges shall be submitted to the Local Planning Authority for consideration. Only those details which received approval in writing shall be used.

6.0 REPRESENTATIONS

6.1 4 no. site notices were posted on 19/12/2013 and an advertisement was placed in the local press on 26/12/2013. One letter of representation was received as follows:

Dan Sellers (a local resident) I support the visual and historic assessment and the Design Framework and Landscaping. I think it is important that views from Bolsover Castle and Sutton Scarsdale Hall are protected (although they’re outside the Chesterfield BC area) and that new development is sympathetic to its surroundings. It is important that the buildings are not monolithic square boxes and that architectural interest is included in the planned development. I support the key landmark / gateway development at Duckmanton (to add interest to the M1 Junction 29A area, something I feel is needed) and agree with the choice of materials, cladding and colours etc.

7.0 HUMAN RIGHTS ACT 1998

7.1 Under the Human Rights Act 1998, which came into force on 2nd October 2000, an authority must be in a position to show:  Its action is in accordance with clearly established law  The objective is sufficiently important to justify the action taken  The decisions taken are objective and not irrational or arbitrary  The methods used are no more than are necessary to accomplish the legitimate objective

120  The interference impairs as little as possible the right or freedom

7.2 It is considered that the recommendation is objective and in accordance with clearly established law.

7.3 The recommended conditions are considered to be no more than necessary to control details of the development in the interests of amenity and public safety and which interfere as little as possible with the rights of the applicant.

8.0 STATEMENT OF POSITIVE AND PROACTIVE WORKING WITH APPLICANT

8.1 The following is a statement on how the Local Planning Authority (LPA) has adhered to the requirements of the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012 in respect of decision making in line with paragraphs 186 and 187 of the National Planning Policy Framework (NPPF).

8.2 Given that the proposed development does not conflict with the NPPF or with ‘up-to-date’ Development Plan policies, it is considered to be ‘sustainable development’ and there is a presumption on the LPA to seek to approve the application. The LPA has used conditions to deal with outstanding issues with the development and has been sufficiently proactive and positive in proportion to the nature and scale of the development applied for.

8.3 The applicant / agent and any objector will be provided with copy of this report informing them of the application considerations and recommendation / conclusion.

9.0 CONCLUSION

9.1 It is considered that Markham Vale is a strategic regeneration site of recognised regional importance. Regeneration of the site was hit hard by the economic downturn therefore in the interests of promoting ongoing economic recovery an outline planning permission must remain in place to provide a skeleton framework to allow the applicant to continue to attract inward investment. Designation of the site with Enterprise Zone status emphasises that the sites strategic significance is nationally recognised and the

121 Council should continue to support development in this area in accordance with the NPPF and the Chesterfield Local Plan: Core Strategy 2011 – 2031.

9.2 The original outline planning permission was granted subject to an accompanying S106 Agreement dated the 14th April 2005 which was signed between Chesterfield Borough Council, North East Derbyshire District Council and Bolsover District Council; and the applicant Derbyshire County Council.

9.3 Where an extension of time application is recommended for approval there is a need to continue to tie the development to the provisions of the original S106 Agreement by deed of variation (as the original S106 will make reference to the previous planning permission ref no. CHE/0502/0312 – rather than the new application ref no. CHE/13/00781/EOT).

10.0 ADDITIONAL RECOMMENDATION

10.1 That a deed of variation be agreed linking the new planning permission to the requirements of the previous S106 agreement

11.0 RECOMMENDATION

11.1 It is therefore recommended that, subject to the completion of the necessary deed of variation, the application for extension of time be GRANTED subject to the following conditions:

Conditions

01. Applications for the approval of reserved matters for each element of the proposal are required before development can start on that element and shall be made to the Local Planning Authority before the expiration of ten years from the date of this permission.

02. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

122 03. Approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") as appropriate for each element of the proposal shall be obtained from the Local Planning Authority in writing before any development for that element is commenced and shall thereafter be carried out as approved.

04. The Reserved Matters submitted in accordance with condition 3 shall be accompanied by a Design Statement demonstrating how the proposal takes account of the Design Framework approved in accordance with condition 40.

05. The Reserved Matters submitted in accordance with condition 3 shall include details of the design, position, materials and finish of any external plant or machinery. Thereafter the development shall be implemented and retained in accordance with the approved details.

06. The development of the site shall be limited to commercial (excluding major retail), office, industrial and warehouse development, new and altered roads (including a new motorway junction), land reclamation, ground remodelling, drainage, landscaping and re-use of railheads and shall be carried out in substantial conformity with the following details submitted as part of the application:

123 b) The revised plans and additional information as set out in appendix A.

07. No development within sites 13 and 14, except for the creation of landforms, road works and infrastructure, and the construction of the road bridges and link road from Erin Road to access Seymour, shall commence until 75% of the development plots shown on plan 9033/432C in phases 1 and 4 are first occupied and the south tip and phase 2 has been restored and completed save for the tree planting and aftercare period. Unless the development cannot reasonably be accommodated within phases 1 and 4 and agreed in writing by the Local Planning Authority.

08. Deleted

09. Deleted

10. Deleted

11. Deleted

12. Except for the creation of landforms, road works and infrastructure, and the construction of the road bridges and the link road from Erin Road to access Seymour, any other development in connection with individual sites 13 and 14 shall not commence until Erin Road has been reconstructed to a 7.3m wide carriageway with cycleway and footway as shown on the approved drawings; and Within one year of the date of this consent a methodology assessing forecast traffic modelling for the whole Markham Vale development to inform an alternative implementation programme for the delivery of Phase VII of the Staveley Loop Road shall have been submitted to the Local Planning Authority for consideration. In the absence of an alternative programme being agreed; Phase VII of the Staveley Loop Road shall be completed and be open to traffic within 5 years of the date of this consent.

124 13. Development on plots 13, 14, 15 and 16 shall not be occupied until the access road from Erin Road is completed and available for use and the haul road from Seymour Lane is permanently closed to vehicular traffic, in accordance with a scheme previously submitted to the Local Planning Authority for consideration and approved in writing by the Local Planning Authority. Only the approved haul road closure scheme shall be carried out and thereafter retained unless agreed in writing by the Local Planning Authority.

14. Notwithstanding the details shown on drawing No. 9033/414 (submitted under cover of letter dated 8th July 2003), within one year of the date of this consent a revised feasibility study shall be carried out, to determine the optimum location for a passenger railway station with a park and ride facility, to serve the Clowne and Bolsover branches, Chesterfield, Staveley and Barrow Hill on the railway line passing through the MEGZ. In line with the findings of the study, the access and site shall be safeguarded from any development, which would prejudice the implementation of the access, station or park and ride facility.

15. No development shall take place on any site agreed under condition 14 other than for the purpose of a railway station (which includes a park and ride facility) unless it can be demonstrated and agreed in writing with the Local Planning Authority that such a facility is not required or the development cannot be reasonably accommodated elsewhere within the MEGZ development, in which case following the approval in writing from the Local Planning Authority the use of that land shall revert to that as shown on the approved MEGZ development plan ref 9022/302.

16. The railway siding serving site 1 shall be retained. Land adjoining the siding shall be reserved for rail freight receipt and despatch. The area of land so reserved shall be as shown on drawing No. 9033/412 submitted under cover of the applicant's letter dated 8th July 2003. It shall be reserved for such use until such a time as it can be demonstrated and agreed in writing with the Local

125 Planning Authority that such a facility is not required and the development proposed for the reserved area cannot be reasonably accommodated elsewhere within the MEGZ development.

17. The railway siding serving plot 13 shall be retained. Notwithstanding the details shown on drawing no. 9033/413 (submitted under cover of the applicant's letter dated 8 July 2003), the whole of the southern section of plot 13 (shown as "proposed railhead site on Drawing 9033/463 attached to this decision notice) shall be reserved for development primarily served by rail for freight receipt and despatch or for employment generating uses requiring direct access to the railway system unless it has been demonstrated and agreed in writing with the Local Planning Authority that:

 There is no demand for such facilities in that location, or  The majority of the other sites within the MEGZ development are developed or development of them has begun, or  The development proposed for the reserved area cannot reasonably be accommodated elsewhere within the MEGZ development authorised by this permission.

18. Combined with 19 below.

19. The Corporate Travel Plan, submitted on the 10th April 2008 and approved in writing on 30th May 2008, shall continue to be implemented as approved; and any subsequent reserved matter submissions for each element of traffic generating development shall include a Travel Plan, which shall show its relationship to the approved Corporate Travel Plan.

20. Deleted

21. A maximum of 265,000sqm of employment led (B1, B2 and B8) development within MEGZ shall be developed within the MEGZ site. No more than 6,038sqm net of B1 Business Use (as defined in the Town and Country

126 Planning (Use Classes) Order 1987 (as amended) shall be developed. Of the remaining 258,962sqm no more than 201,362sqm gross shall be developed for B2 General Industrial Use (as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) and no restriction is place on the proportion of the 258,962sqm gross which is developed for B8 Storage and Distribution Use (as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended).

22. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987(as amended) (or any order revoking or re-enacting that order) there shall be no change from an implemented General Industrial (B2) use to an office use B1(a) without the prior express consent of the Local Planning Authority.

23. Deleted.

24. Unless otherwise indicated by the Design Framework as approved in accordance with condition 40 no development (including buildings, plant and equipment) shall exceed the following heights:  On site 5 not to exceed 10m in height above the approved finished platform levels within 100m of the A632;  On sites 6 and 7 not to project above 101 metres ordnance datum;  See note 1.  See note 1.

25. The drainage of the development shall be in accordance with the Drainage Management Strategy described in the Environmental Statement (at sections 5.4.28 to 5.4.31) and generally as shown on drawings Nos. 9033/371, 372 and 373 submitted as part of the planning application details.

26. Development of the Staveley Northern Loop Road Phase VII shall be implemented in accordance with the compensatory flood water storage scheme revisions

127 submitted on the 8th March 2007 and approved in writing on the 26th January 2012.

27. Prior to the commencement of any phase of the development, details of the diversion or stand-off distances from sewers that cross the site in that phase shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be carried out concurrent with the development.

28. Prior to the commencement of any phase of the development, details of the proposed means of disposal of foul and surface water drainage including details of any balancing works and off-site works shall be submitted to and approved in writing by the Local Planning Authority and implemented as so approved.

29. The site shall be developed with separate systems of drainage for foul and surface water on and off site.

30. Prior to the commencement of development on individual sites details of foul and surface water drainage, to include the use of oil interceptors for the drainage of surface water from parking areas and hardstandings shall be submitted to and approved in writing by the local planning authority. There shall be no occupation or bringing into use of individual sites until the approved details have been implemented, unless otherwise agreed in writing by the Local Planning Authority.

31. Development requiring any facilities for the storage of oils, fuels or chemicals shall be undertaken in accordance with the following provisisons:  Any facility shall be sited on impervious bases and surrounded by impervious bund walls.  The volume of the bund compound shall be at least equivalent to the capacity of the largest tank or the combined capacity of the interconnected tanks plus 10%.  All filling points, vents, gauges and sight glasses must be located within the bund.

128  The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata.  Associated pipework shall be located above ground and protected from accidental damage.  All filling points and tank overflow outlets shall be detailed to discharge downwards into the bund.

32. Within six months of the commencement of development a programme of ongoing protected species surveys shall be submitted to, and approved in writing by the Local Planning Authority. The programme shall be reviewed and approved annually until such time as all sites are developed, shall identify the areas to be surveyed, the protected species to be surveyed in the following twelve months, the objectives of the surveys, and shall set out the methodologies to be used and the procedures for reporting to the Local Planning Authority the survey results. The results of all surveys shall be utilised as baseline information in relation to specific mitigation works.

33. No works shall be commenced on individual phases of the development, until separate detailed ecological surveys (including protected species) and ecological mitigation schemes, have been submitted to and approved in writing by the local planning authority and these schemes shall be carried out as approved. The schemes shall include details of:

34. Within one year of the commencement of development on any individual phase or phases detailed schemes for that phase or phases incorporating the aims and project elements set out in the MEGZ Environmental Strategy

129 (paras. 5.18 - 5.42 of the Planning Application Proposal), and providing comprehensive details of proposals for landscape works Shall be submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. Landscape works shall include:

35. Within six months of the date of approval for the separate detailed schemes in accordance with conditions 33 and 34, a comprehensive Landscape and Ecology Management Plan for the long term management of all newly established planting, newly created or enhanced habitats, including wetland areas, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter such areas shall be managed in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

36. See note 1.

37. See note 1.

38. No development shall be commenced on an individual phase or phases of the development approved by this permission prior to: a) Additional desk based studies being carried out by a competent person to identify and evaluate all potential sources and impacts of land and/or

130 groundwater contamination relevant to the site. Based on the findings of the desktop studies, any necessary intrusive site investigations shall be carried out by a suitably qualified person.

b) Once any additional investigations are completed the submission and subsequent approval in writing by the Local Planning Authority, of a detailed remediation statement together with a timetable of works.

The contaminated land assessment must be carried out in accordance with current UK guidance and should include a conceptual site model that identifies all potentially significant pollutant linkages. Two hard copies and one electronic copy of all reports should be submitted to the Local Planning Authority.

Upon completion of the works, a Remediation Validation Report shall be submitted demonstrating that the works have been carried out and remedial targets have been achieved.

39. Prior to the commencement of the development or any agreed phasing of development, which involves soil movement, a Soils Management Strategy shall be submitted to the Local Planning Authority for consideration to ensure that soils (topsoil and subsoil) are identified and methods of handling, storage (including location and heights) and testing for a suitable re-use are agreed. The Soil Management Strategy shall be carried out as approved as part of the development.

131 40. Development shall be implemented in accordance with the approved Markham Vale Design Framework (April 2008 and any subsequent approved revisions / editions) and the Design Framework shall be used to guide any Reserved Matters submitted in accordance with condition 3. A review of the Design Framework shall take place at least every 3 years from the date of this consent, with the review being submitted to the Local Planning Authority for consideration and any subsequent approval will supersede any previously approved edition.

41. Prior to commencement of each phase of development, details of the phasing of earthworks and related activities, to include hours of working (which shall not exceed 0700-1900 Monday-Friday; 0700-1300 Saturdays; not at all on Sundays and statutory public holidays) transportation methods and routes, shall be submitted for consideration. Only the approved phasing, transportation methods routes and hours of working shall be carried out on site unless otherwise agreed in writing by the Local Planning Authority.

42. During construction the noise mitigation measures contained in section 13 of the Environmental Assessment submitted as part of the planning application shall be implemented.

43. Prior to the opening to traffic of the Staveley Northern Loop Road Phase VII a noise mitigation scheme (including details of surfacing and boundary treatments) for properties affected by increased traffic noise (which would include properties along the disused railway corridor at Staveley) shall be submitted to the Local Planning Authority for consideration. Only the noise mitigation measures which receive written approval shall be implemented and thereafter maintained in perpetuity.

44. See note 1.

132 45. The Air Quality Mitigation Measures approved in writing on 14th September 2009, shall continue to be implemented as approved to ensure that there is no significant deleterious effect on current air quality during the construction period and as contained in the Environmental Statement (Section 6).

46. Prior to the commencement of any phase of development a written programme of investigative archaeological work shall be submitted to the Local Planning Authority for consideration and approval in writing. No development shall take place on that phase until the programme of archaeological work has been implemented as approved.

47. Details of a replacement football pitch and associated facilities for the one shown on drawing no 9033/371 on the south side of Markham Road, Duckmanton shall be submitted to the Local Planning Authority for consideration within two years of the date of approval of this planning permission. The new football pitch and associated facilities shall be implemented and be made available for use within one year of the date of the written approval of the details and shall be thereafter be retained.

48. Deleted.

49. Prior to the commencement of any phase of works on the Staveley Northern Loop Road (as detailed on drawing no. 9033/463A - northern loop road phase 1 and 2), details shall be submitted to the Local Planning Authority of how the future Chesterfield Canal route will be protected to allow for future restoration in connection with the associated phase of the Staveley Northern Loop Road.

50. Within 5 years of the relevant phase of the Staveley Northern Loop Road being open to traffic the associated section of the Chesterfield Canal shall be restored and navigable in accordance with details approved in association with condition 49.

133 51. No section of the Staveley Northern Loop Road Phase VII shall be opened to traffic until the affected/realigned section of the Trans-Pennine trail is opened for use by the public.

52. Prior to their installation on site, details of works of art to be provided as part of the MEGZ scheme shall be submitted to the Local Planning Authority for consideration accompanied by a statement showing how the proposal takes account of the approved Design Framework. Prior to the completion of the phase of development to which a work of art relates the approved work of art shall be constructed, erected and thereafter retained and maintained.

53. Prior to the commencement of works on Phase VII of the Staveley Northern Loop Road details of the external material to be used on the proposed Chesterfield Canal Bridges shall be submitted to the Local Planning Authority for consideration. Only those details which received approval in writing shall be used.

Note 1.

This development is located within the areas of three Local Planning Authorities (Chesterfield Borough, North East Derbyshire District and Bolsover District). The planning permissions issued by the Authorities have used the same condition numbering for consistency. This condition (or part of the condition) is not included as it specifically relates to aspects of the MEGZ development, which affects land within another Local Planning Authorities area. The planning condition number is retained for clarity to maintain consistency in numbering between the three Local Planning Authorities decision notices for this cross-authority development.

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