Canal & River Trust Fradley Junction, Alrewas, Burton-Upon-Trent, Staffordshire, DE13

02 February 2018

Mr Andrew Thompson Charnwood Borough Council Our Ref CRTR-PLAN-2018-23999 Planning Services Your Ref P/17/2604/2 Southfield Road Loughborough Leicestershire LE11 2TN

Dear Mr. Thompson,

Proposal: Redevelopment and conversion of existing Mill Building to residential-led mixed use development including new 5 storey buildings to create a total of 210no. 1 and 2 bedroom flats and new commercial space including approximately 369sqm of retail (Use Class A1), restaurant/café (Use Class A3), residents gym (Use Class D2), and offices. The proposed works include associated works including demolition of parts of the existing building, new public realm, landscaping and car parking including the reconfiguration of existing car parking for the use by Preci Spark Location: 1 Morley Street, Loughborough Waterway: River Soar/Grand Union Canal

Thank you for your consultation.

The Canal & River Trust (the Trust) is the guardian of 2,000 miles of historic waterways across England and Wales. We are among the largest charities in the UK. Our vision is that “living waterways transform places and enrich lives”. We are a statutory consultee in the development management process.

The Trust has reviewed the application. This is our substantive response under the Town and Country Planning (Development Management Procedure) (England) Order 2015.

On the basis of the information available our advice is that suitably worded conditions and a legal agreement are necessary to address the following matters. Our advice and comments are detailed below:

Impact on the Structural Integrity of the Grand Union Canal The application site lies adjacent to the Grand Union Canal and the single storey extensions to the existing Mill building that are proposed to be demolished immediately adjoin the canal towpath, and are only 2.5- 3.0m from the canal edge. The proposed new 5 storey extension at the south-east corner of the Mill building will extend almost to the site boundary with the canal towpath, and at its nearest point will only be about 3.0m from the canal bank.

Canal & River Trust Fradley Junction, Alrewas, Burton-Upon-Trent, Staffordshire, DE13 7DN T 0303 040 4040 E [email protected] W www.canalrivertrust.org.uk Patron: H.R.H. The Prince of Wales. Canal & River Trust, a charitable company limited by guarantee registered in England and Wales with company number 7807276 and registered charity number 1146792, registered office address First Floor North, Station House, 500 Elder Gate, Milton Keynes MK9 1BB P a g e | 1

Demolition and construction operations in close proximity to the canal have the potential to increase loads on the adjacent canal and towpath or otherwise create land instability which could adversely affect the structural integrity of both the canal and the towpath.

As you are aware, land stability is a material planning consideration and is referred to in paragraphs 120- 121 of the NPPF and is the subject of more detailed discussion in the NPPG (see http://planningguidance.planningportal.gov.uk/blog/guidance/land-stability/land-stability- guidance/). We consider that this advice and guidance is clear in identifying that the planning system has a role to play in minimising the risk and effects of land stability on property, infrastructure and the public. We therefore consider that it is essential to secure a detailed methodology for all demolition and construction operations before development commences on site.

Care will be required during all demolition and site clearance works in order to avoid damage to the structure of the towpath and the canal. Measures will be required to prevent dust or other material entering the canal during demolition works, and should access to the towpath need to be temporarily restricted, or access be required to the canal (including any oversailing of the canal or towpath or any other restriction on use of the towpath or navigation along the canal), it is essential that the prior consent of the Trust is first obtained. We would recommend that the applicant/developer contact the Trust’s Infrastructure Services Team for further advice and to ensure that any necessary consents from the Trust can be obtained (please contact Shom Khan, Senior Works Engineer, at [email protected] or on 07714 412759 in the first instance).

Condition No development shall take place until a Method Statement for the demolition of the single storey buildings/structures facing the Grand Union Canal towpath and for the construction operations required to construct the extension to the southern corner of the Mill building has first been submitted to and approved in writing by the Local Planning Authority. Such statement shall demonstrate that demolition and construction operations (including the design of the foundations for the extension) will not impose additional loading onto the canal washwall that will adversely affect its stability or structural integrity. The statement shall include details of the arrangements for undertaking any monitoring regimes or mitigation measures as may be necessary to ensure that the risk of damage to the canal structure is adequately minimised (for example, vibration monitoring if piled foundations are proposed, or works to strengthen the existing canal washwall to accommodate increased loads). The development shall thereafter only be carried out in accordance with the approved Method Statement.

Reason In the interests of minimising the risk of creating land instability arising from demolition operations, foundation construction, earthmoving, excavations or other construction works which would adversely affect the structural integrity of the adjacent Grand Union Canal in accordance with the advice and guidance on land stability contained in paragraphs 120-121 of the National Planning Policy Framework 2012 and in the National Planning Practice Guidance. It is necessary to agree the Method Statement before development commences in Canal & River Trust Fradley Junction, Alrewas, Burton-Upon-Trent, Staffordshire, DE13 7DN T 0303 040 4040 E [email protected] W www.canalrivertrust.org.uk Patron: H.R.H. The Prince of Wales. Canal & River Trust, a charitable company limited by guarantee registered in England and Wales with company number 7807276 and registered charity number 1146792, registered office address First Floor North, Station House, 500 Elder Gate, Milton Keynes MK9 1BB P a g e | 2

order to secure an appropriate approach to all site demolition, clearance, development and construction operations from the outset.

Impact on the Canal Towpath The submitted Landscape Masterplan shows a new pedestrian access onto the canal towpath immediately south of the Mill building (although the Proposed Site Plan is less clear); access from the canal towpath to the proposed bike store within the Mill building may also be possible. Access to the towpath is also referred to within the Design and Access Statement.

The site has a total canal-facing boundary some 250m in length, and the stretch along Mill building frontage as far as the proposed towpath access point is approximately 75m. Currently the towpath in the vicinity of the site comprises a narrow track with grass verges either side.

The demolition works to remove the single storey structures in front of the Mill building are likely to require access onto the towpath and possibly even temporary closure of the towpath. We therefore ask that a Construction Environment Management Plan is secured via a planning condition to ensure that towpath users are appropriately protected during all such operations, including a requirement to make good any damage to the adjacent canal towpath as may be caused by demolition operations.

Condition The development (including all demolition works) shall proceed only in strict accordance with a Construction and Environmental Management Plan which has been submitted to and approved in writing by the local planning authority and thereafter the development shall be carried out in accordance with the approved details. The Plan shall include/provide for: a) the parking of vehicles of site operatives and visitors; the loading and unloading of plant and materials; the storage of plant and materials used in constructing the development; b) measures to control the emission of dust and dirt during construction; c) details of protective measures (both physical measures and sensitive working practices) to avoid impacts during construction and demolition; d) details of all works required to make good any damage or other adverse impacts on the adjacent canal towpath arising from demolition and construction operations adjacent to the towpath. e) a timetable to show phasing of construction activities to avoid periods of the year when sensitive wildlife could be harmed (such as when badgers, reptiles and amphibians are active and during bird nesting seasons); f) Persons responsible for: i) Compliance with legal consents relating to nature conservation; ii) Compliance with planning conditions relating to nature conservation iii) Installation of physical protection measures during construction; iv) Regular inspection and maintenance of the physical protection measures and monitoring of working practices during construction; v) Provision of training and information about the importance of Environment Protection measures to all construction personnel on site.

Reason In the interests of protecting the adjacent canal and towpath, to safeguard the local environment and ecology supported by the adjacent canal and to ensure the proposed works do not have any adverse impact on the safety or amenities of users of the canal or towpath or the structural integrity of the Grand Union Canal in accordance with the guidance contained in Paragraphs 120-123 of the National Planning Policy Framework.

The development will create 210 new apartments in close proximity to the canal, and it is therefore likely that the towpath will see an increase in use as a result of the development, particularly as it incorporates a new pedestrian access from the site onto the towpath, and appears to possibly also include access to the bike store at the northern end of the Mill building via the towpath.

The NPPF defines open space as including areas of water such as canals, which can offer opportunities for sport and recreation as well as acting as a visual amenity (Annex 2: Glossary). The canal towpath therefore can play a valuable role in providing a usable amenity space, contributing to walking and cycling opportunities for future residents of the development, and also offering a connection to the wider green infrastructure network in the locality, encouraging healthier lifestyles and improving the overall wellbeing of future residents. The submitted Design and Access Statement also acknowledges that the canalside location of the development will serve to encourage sustainable modes of travel and promote health and wellbeing options for future residents.

The adopted Local Plan Core Strategy recognises the value and importance of the canal in Policy CS7, which requires new development adjacent to the Grand Union Canal to contribute to an active waterfront with public access. Policy CS17 also expects major development proposals to provide routes for walking and cycling that are integrated with the wider green infrastructure network. By including direct access from the development onto the towpath, the proposal is contributing to the aims of these adopted policies.

The Canal & River Trust generally seeks to maintain its assets in a “steady state”, and in the case of towpath maintenance, this is based on current usage. Where new development has the likelihood to increase usage, the Trust’s maintenance liabilities will also increase, and we consider that it is reasonable to request a financial contribution from developers to either cover increased maintenance costs, or to upgrade the towpath surface to a standard which is more durable and thus able to accommodate increased usage without adding to the Trust’s future maintenance costs. Therefore, in addition to requiring the developer to make good any damage resulting from demolition works immediately next to the towpath, we consider that the stretch between Nottingham Road Bridge (Br. 38) and the former railway bridge (Br. 37), which is approximately 260m, should be upgraded to facilitate and encourage its use as a leisure and recreational resource and a sustainable route for walkers and cyclists, which would promote healthier lifestyles for future residents. This stretch equates to only slightly more than the overall application site frontage onto the canal.

We therefore ask the Local Planning Authority to consider seeking agreement from the developer that a contribution towards improvement of the towpath between Bridges 37 and 38 (inclusive of the site frontage onto the canal) including provision of appropriate signage should be made. This could also incorporate any works as may be necessary to make good following demolition works immediately adjacent to the site frontage. This contribution should be secured via a S106 planning obligation. We consider that this request is consistent with Policy CS24 of the adopted Local Plan, which seeks to ensure that new development contributes to the reasonable costs of on site, and where appropriate off site, infrastructure, arising from the proposal through the use of Section 106 Agreements.

We can provide detailed calculations and costings and a specification for towpath surfacing works and accesses, signage etc, and we are happy to discuss this matter further and to meet with you if required. As an approximate indication, based on similar work undertaken elsewhere on the canal network, we expect that a contribution in the order of £60,000- £70,000 would be adequate to carry out these works. We consider that this sum is proportionate in scale to the development proposed.

In light of the support afforded by the Local Plan policies referred to above, and the approach to developer contributions guidance contained within the Community Infrastructure Levy Regulations 2010, we consider that a case can be made that such a contribution is necessary, directly related to the proposed development and is fairly and reasonably related in scale and kind to the development proposed, as the towpath is identified as an important cycle and pedestrian route to access services and facilities and for leisure use to promote health and well-being and can therefore expect significantly increased usage.

Land Contamination Although the Applicant has indicated at Section 14 of the application form that the site is neither known or suspected to be contaminated, no investigation appears to have been undertaken to substantiate this. Given the past industrial use of the site, we consider that it is possible that contaminants may be present, and there is the potential for demolition and construction operations to release them if they are present, or create pathways which could allow them to enter the adjacent canal. Whilst we consider that ideally, at least a desk-top study should be undertaken prior to determination of the application, this matter may be dealt with via a suitably worded planning condition securing an appropriate level of investigation and, if required, mitigation or remediation measures to minimise any risk of adversely affecting water quality in the adjacent canal.

Condition No development shall take place until a site investigation to establish the nature and extent of any contamination within the site has been carried out in accordance with a methodology which has first been submitted to and agreed in writing by the Local Planning Authority. The results of the site investigation shall be made available to the Local Planning Authority before any development begins. If any contamination is found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development permitted and to ensure that water quality in the adjacent Grand Union Canal is Canal & River Trust Fradley Junction, Alrewas, Burton-Upon-Trent, Staffordshire, DE13 7DN T 0303 040 4040 E [email protected] W www.canalrivertrust.org.uk Patron: H.R.H. The Prince of Wales. Canal & River Trust, a charitable company limited by guarantee registered in England and Wales with company number 7807276 and registered charity number 1146792, registered office address First Floor North, Station House, 500 Elder Gate, Milton Keynes MK9 1BB P a g e | 5

adequately protected shall be submitted to and agreed in writing by the Local Planning Authority. The site shall be remediated in accordance with the agreed measures before development commences.

If during the course of development, any additional contamination is found which was not identified in the site investigation, additional measures for the remediation of this source of contamination in order to minimise the risk of adversely affecting water quality in the adjacent Grand Union Canal shall be submitted to and agreed in writing by the Local Planning Authority, and these measures shall be implemented as agreed before development of the site proceeds further.

Reason To minimise the risk of any contaminants present on the site adversely affecting the local water environment and specifically the water quality of the adjacent Grand Union Canal, and to comply with the advice and guidance contained in paragraph 120 of the National Planning Policy Framework. It is necessary to agree these details before development commences as these investigation works will have to be undertaken before any other works commence on site.

Landscaping and Boundary Treatment The submitted Landscape Masterplan appears to be broadly appropriate, aiming to retain some of the existing trees along the canalside boundary to screen the car parking area, together with additional planting where necessary/appropriate, and providing a landscaped space in front of the Mill building that faces onto the canal and towpath. We consider that the masterplan should be used to provide the basis for a fully detailed landscaping and boundary treatment scheme that ensures that the development achieves an appropriate relationship with the adjacent canal. This should consider both the character of the canal corridor and also the biodiversity value that it has, and should look to enhance the local ecology supported by the canal. Implementation of a suitable landscaping scheme, with new planting comprising native species would be supported by Policy CS13 of the adopted Local Plan Core Strategy. It will be important to ensure that the long-term management and maintenance of landscaped areas and planting near to the canal is also secured via a planning condition.

Condition The development shall not be occupied until a detailed landscaping scheme for the western site boundary adjoin the canal towpath (incorporating existing trees on this boundary where appropriate) indicating the size, species and spacing of all new tree planting, the areas to be grassed, and the treatment of any hardsurfaced areas, together with a timetable for implementation of the scheme, and a long-term management plan, has first been submitted to and approved in writing by the Local Planning Authority. Any such planting which within a period of 5 years of implementation of the landscaping dies, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with others of a similar size or species, unless the Local Planning Authority gives written consent to the variation. The approved scheme shall be fully implemented during the first planting season following the Mill

building being first occupied and the landscape management plan shall be implemented as approved.

Reason In order to minimise the visual impact of the development on the adjacent Grand Union Canal and to support and enhance the biodiversity value of the canal corridor, in accordance with Policy CS13 of the adopted Charnwood Local Plan 2011-2028 Core Strategy.

The proposed use of metal railings to delineate the canalside boundary appears to be appropriate, and would help open up views of the canal for future residents and create a greater connection and sense of engagement with the canal, and along with the proposed addition of a new access to the towpath by the southern corner of the Mill building, would be supported by Policy CS7 of the adopted Local Plan Core Strategy by contributing to a more active and accessible waterrfront. The choice of railings would also reflect some of the boundary treatment already in place on the opposite side of the canal. We suggest that the final specification for the colour finish of the railings should be secured by condition.

External Lighting Section 9 of the application form indicates that external lighting will be provided to the car park area, and that further details will be supplied. There are no details of any external lighting elsewhere on the canalside boundary, such as the landscaped area in front of the Mill building. It will be important to ensure that all external lighting avoids illuminating the canal itself and minimises light spill and glare, as this could adversely affect wildlife supported by the canal corridor, such as bats, which often use canals as foraging routes. We suggest that this matter could be readily controlled via a planning condition.

Condition The development shall not be occupied until a detailed external lighting scheme for the site has been submitted to and agreed in writing by the local planning authority. The scheme should minimise lighting near to the adjacent Grand Union Canal and should avoid illuminating the canal in order to reduce adverse impacts on emerging and foraging bats and other nocturnal wildlife. The approved lighting shall be maintained and operated in strict accordance with the approved scheme at all times thereafter and no lighting shall be installed other than that contained in the approved scheme.

Reason To ensure that any external lighting is designed to ensure that adverse impacts on the adjacent Grand Union Canal and any wildlife using or supported by the canal are avoided and to accord with Policy CS13 of the adopted Charnwood Local Plan 2011-2028 Core Strategy.

Should planning permission be granted we request that the following informative is appended to the decision notice:

The applicant/developer is advised that all works affecting Canal & River Trust land will need to comply with the Canal & River Trust “Code of Practice for Works affecting the Canal & River Canal & River Trust Fradley Junction, Alrewas, Burton-Upon-Trent, Staffordshire, DE13 7DN T 0303 040 4040 E [email protected] W www.canalrivertrust.org.uk Patron: H.R.H. The Prince of Wales. Canal & River Trust, a charitable company limited by guarantee registered in England and Wales with company number 7807276 and registered charity number 1146792, registered office address First Floor North, Station House, 500 Elder Gate, Milton Keynes MK9 1BB P a g e | 7

Trust”.This will include any access to or oversailing of Trust land during demolition or construction works close to the canal towpath, which will require prior consent from the Trust. In the first instance, the applicant should contact Shom Khan, Senior Works Engineer, at [email protected] or on 07714 412759 to discuss this further.

The applicant/developer is advised to contact the Canal & River Trust to ensure that all necessary consents for new accesses from the site onto the canal towpath are obtained. Please contact Steve Robinson, Estates Surveyor, at [email protected] or on 07710 175114 in the first instance.

For the Trust to effectively monitor our role as a statutory consultee, please send me a copy of the decision notice and the requirements of any planning obligation.

If you have any queries please contact me, my details are below.

Yours sincerely

Ian Dickinson MRTPI Area Planner (East and West Midlands) [email protected] 01636 675790