Regulatory
Committee
11 September 2012
Agenda
The Regulatory Committee will meet at Shire Hall, Warwick on 11 September 2012 at 10:00 am.
1. General
(1) Apologies
(2) Members’ Disclosures of Pecuniary and Non-Pecuniary Interests.
Members are required to register their disclosable pecuniary interests within 28 days of their election of appointment to the Council. A member attending a meeting where a matter arises in which s/he has a disclosable pecuniary interest must (unless s/he has a dispensation):
• Declare the interest if s/he has not already registered it • Not participate in any discussion or vote • Must leave the meeting room until the matter has been dealt with (Standing Order 42). • Give written notice of any unregistered interest to the Monitoring Officer within 28 days of the meeting
Non-pecuniary interests must still be declared in accordance with the new Code of Conduct. These should be declared at the commencement of the meeting.
(3) Minutes of the previous meeting and matters arising
2. New Railway Station, St Georges Way, Nuneaton This application seeks planning permission for a new railway station at land adjacent to St. Georges Way, Nuneaton.
3. Vehicle Scrap Yard, Whitacre Road, Nuneaton This application seeks planning permission for a vehicle scrap yard at Whitacre Road, Nuneaton.
4. Any Other Items Which the Chair decides are urgent.
All public papers are available at democratic.warwickshire.gov.uk 1 of 2 JIM GRAHAM Chief Executive Shire Hall Warwick
Membership of the Regulatory Committee Councillors Peter Barnes, Ron Cockings, Jose Compton, Eithne Goode, Robin Hazelton, Clare Hopkinson, Joan Lea, Brian Moss, Mike Perry, Carolyn Robbins, Ray Sweet, and Chris Williams.
For enquiries about specific reports please contact the officers named in the reports.
For general enquiries please contact Dave Abbott: Tel: 01926 412323 Email: [email protected]
All public papers are available at democratic.warwickshire.gov.uk 2 of 2 Minutes of the Regulatory Committee meeting held on 21 August 2012
Present: Members Councillors Peter Barnes, Ron Cockings, Jose Compton, Eithne Goode, Robin Hazelton, Clare Hopkinson, Joan Lea (Chair), Brian Moss, Mike Perry, Carolyn Robbins, Ray Sweet, and Chris Williams
Officers Ian Grace, Principal Planner Jasbir Kaur, Strategic Planning and Development Manager Ciaran Power, Planning Officer Louise Wall, Head of Sustainable Communities Stuart Ikeringill, Rural Services Group Manager Dave Abbott, Democratic Services Officer Ian Marriott, Community & Environment Legal Service Manager
Public Speakers Councillor Bett Bradford, Corley Parish Council Councillor Howard Darling, Corley Parish Council Councillor Peter Fowler, North Warwickshire Borough Council Councillor Bill Richards, Coleshill Town Council Councillor June Tandy, Nuneaton and Bedworth Borough Council
1. General
(1) Apologies
There were no apologies.
(2) Members’ Disclosures of Pecuniary and Non-Pecuniary Interests.
Councillor Carolyn Robbins declared a personal interest in Item 6 as the local ward member.
(3) Minutes of the previous meeting and matters arising
Amendments are bold and underlined.
Item 16 – New Sports Hall at Kingsbury School, Kingsbury (page 9 of 9)
“Councillors agreed to delegate authority to officers to draft an appropriate condition with regards to community use and the hours of use following consultation with the environmental health officer.”
With the changes noted above, the minutes of the previous meeting held on 17 July 2012 were agreed as a true record and signed by the Chair.
2. Vicarage Street Development Panel Appointment, Nuneaton
The Committee considered the report that recommended that Councillor Jeff Clarke be appointed to the Joint Member Assessment Panel with Nuneaton & Bedworth Borough Council. The panel are responsible for reviewing officer evaluations for selection of the final developer in relation to the Vicarage Street Development in Nuneaton. Jasbir Kaur, Strategic Planning and Development Manager, presented the report.
1 of 5 Councillor Carolyn Robbins, seconded by Councillor Brian Moss, moved and it was resolved as set out below.
Resolved
That the Regulatory Committee appoint Councillor Jeff Clarke to replace Councillor Martin Heatley on the Joint Members Panel for the Vicarage Street/Church Street Development in Nuneaton.
3. Temporary Gypsy and Traveller site at Radbrook Workshop, Corley Ash
The Committee considered application NWB/12CC008 that sought temporary planning permission for the change of use of land from a storage and distribution use (B8) to use as a residential caravan site for two families. One of the families has a young child with a very severe medical condition which requires constant attendance by a trained person, and for whom exposure to the ordinary risks associated with an environment shared with other families could prove fatal. Warwickshire County Council’s Gypsy and Traveller team had looked for alternative sites but none were appropriate.
Ian Grace, Principal Planner, presented the report and the following points were noted: • The application is for retrospective planning permission and Warwickshire County Council is both the landowner and applicant. • The Nissan hut on the site would be demolished, improving the visual amenity of the area. • Due to the medical condition of the child and associated accommodation needs and the lack of alternative sites, officers felt that very special circumstances for planning permission in the Green Belt apply.
North Warwickshire Borough Council objected to the application, stating that no very special circumstances existed to warrant development in the Green Belt. The Council believed that other sites existed that could have accommodated the family and that the commercial aspect of the property should be protected.
Councillor Howard Darling, Corley Parish Council, addressed the Committee and spoke in opposition to the application. The following points were noted: • Warwickshire County Council officers showed the land to the occupants without consulting the residents of Corley. Officers had also given a commitment at a public meeting that the occupants would be moved to another site as soon as space was available. That promise was later retracted. • The land should be freed up to be used commercially in support of the local economy.
Councillor Bett Bradford, Corley Parish Council, addressed the Committee and spoke in opposition to the application. The following points were noted: • The Corley area was prone to power cuts and the Nissan hut might contain asbestos, therefore it wouldn’t be a suitable location for a vulnerable person. • The occupants of the site had resurfaced the pavement outside the property and the drive, and added gates without receiving the proper planning permission.
Councillors recognised that the Local Authority had a duty of care to the child and agreed that, although the development would be in the Green Belt, the site is suitable for the intended use and very special circumstances apply.
2 of 5 Councillor Eithne Goode, seconded by Councillor Carolyn Robbins, moved and it was resolved as set out below.
Resolved
That this application be referred to the Secretary of State in accordance with departure procedures and subject to the application not being called in for determination by the Secretary of State the Regulatory Committee authorises the grant of planning permission for the change of use of land to a temporary gypsy & traveller site at Radbrook Workshop, Highfield Lane, Corley Ash, comprising two pitches, subject to the conditions and for the reasons contained within Appendix B of the report of the Strategic Director for Communities.
4. Construction of an Anaerobic Digestion Plant at Packington Landfill Site
The Committee considered application NWB/12CM001 that proposed the development of a heat and material recovery facility for horticultural uses via anaerobic digestion process with renewable power generation.
Ian Grace, Principal Planner, presented the report and informed members that the scheme would generate sustainable renewable energy from food and garden waste. The process also creates compost which would be used by local farms. The development of the site would have positive employment benefits for the local area; 50% of recruitment would come from North Warwickshire and Nuneaton. The applicant had also worked with local employment providers and was looking to tender from local companies.
Councillor Peter Fowler, North Warwickshire Borough Council and local member, addressed the Committee and spoke in favour of the application. Councillor Fowler informed members that the project had local support and would benefit the local farming economy. The scheme would also have educational benefits for local schools and further education colleges as SITA were helping to facilitate school trips and apprenticeships.
Councillor Bill Richards, Coleshill Town Council, addressed the Committee and spoke in favour of the application. He commended the applicant for their excellent communication and community engagement and hoped that the site would become a national showcase for sustainable renewable energy generation.
Officers recommended that the wording of the recommendation be amended as noted below under ‘Resolved’. The amendment is in bold and underlined text.
Councillor Jose Compton, seconded by Councillor Clare Hopkinson, moved and it was unanimously resolved as set out below.
3 of 5 Resolved
That this application be referred to the Secretary of State in accordance with departure procedures and subject to the application not being called in for determination by the Secretary of State the Regulatory Committee authorises the grant of planning permission for the construction of an anaerobic digestion plant which will process organic waste to produce compost and renewable energy along with the provision of polytunnels for horticultural use at Packington Landfill Site, Little Packington, Warwickshire, subject to the applicants first entering into a legal agreement to secure the requirements detailed in Appendix B and subject to the conditions and for the reasons contained within Appendix B of the report of the Strategic Director for Communities.
5. New Railway Station, Land Adjacent to St Georges Way, Nuneaton
The Committee considered application NBB/12CC020 that sought planning permission for a new railway station at St Georges Way, Nuneaton.
Ciaran Power, Planning Officer, presented the report and informed members that the development of the station would also include improvements to the surrounding highway system and nearby bus stops. A small section of the proposed development was in the Green Belt but it was along the existing transport corridor. The development also included a public address system and outdoor lighting; a condition was put in place to control the sound level to within World Health Organisation guidelines.
One letter of representation was received that raised concerns about parking alongside St. George’s Way outside of the allocated areas. Planning officers in consultation with highway engineers recommended adding a condition requiring the applicant to monitor the car parking situation and report their findings back to the County Planning Authority.
Businesses on the nearby industrial estate also expressed concerns about the proposed configuration of mini-roundabouts, suggesting that HGVs would not be able to navigate through them safely. Highway engineers had requested the full technical specifications of the highway scheme so that the validity of the concern could be ascertained. It was recommended that a condition was added to delegate this responsibility to planning officers.
Councillor June Tandy addressed the Committee and requested that members considered undertaking a site visit to properly understand the concerns of local residents about on-street parking, changes to the road system, and the safety of the station underpass at night-time.
Councillor Ray Sweet, seconded by Councillor Brian Moss, put forward a motion for a site visit to investigate car parking, lorry movements around the industrial estate, the configuration of the roundabouts, and the safety of passengers.
Resolved
That the Regulatory Committee members undertake a site visit to investigate car parking, lorry movements around the industrial estate, the configuration of roundabouts, and the safety of passengers.
6. Charles Trent Ltd. Avon Mill Lane, Rugby
4 of 5 The Committee considered application RBC/12CM024. Jasbir Kaur, Strategic Planning and Development Manager, presented the report and informed members that planning permission for an open vehicle storage area was granted for the site in January 2011. The current application sought permission to extend the completion period of planning conditions 2, 3, and 9, which dealt with drainage, rationalisation of the ground level, and additional fencing.
Councillor Jose Compton, seconded by Councillor Ray Sweet, moved and it was unanimously resolved as set out below.
Resolved
That the Regulatory Committee authorises the grant of planning permission for the variation of conditions 2 (Drainage Scheme), 3 (Rationalisation of Ground Levels) and 9 (Fencing Scheme) of planning permission RBC/11CM027 to allow a further 12 months for the completion of the required works at Charles Trent Limited, Avon Mill Lane, off Newbold Road, Rugby, subject to the conditions and for the reasons contained in Appendix B (with the deletion of Condition 4) of the report of the Strategic Director for Communities.
7. Any Other Items
The Chair informed the Committee that an appeal had been lodged regarding the refusal of planning permission for a bio-filter system at Dickensbury Farm, Pillerton Priors.
The Committee rose at 12.00pm
……………………………………. Chair
5 of 5 Item 2
Regulatory Committee - 11 September 2012
Land adjacent to St Georges Way, Nuneaton Provision of a New Railway Station
Application No.: NBB/12CC020
Advertised date: 21 June 2012
Applicant(s) Mr Steve Smith, Warwickshire County Council Resources Shire Hall Warwick Warwickshire CV34 4RP
Agent(s) Mr Jon Barker, Atkins Atkins Euston Tower 286 Euston Road London NW1 3AT
Registered by: The Strategic Director for Communities on 14 June 2012
Proposal: Provision of a new railway station, including platforms, waiting shelters, access stairs and ramps, free standing ticket machine, car parking, cycle parking and associated boundary fencing.
Site & location: Bermuda Park Railway Station, Land adjacent to St Georges Way, Nuneaton, Warwickshire. [Grid ref: 435896.289595]
See plan in Appendix A
Recommendation
That the Regulatory Committee authorises the grant of planning permission for the provision of a new railway station, including platforms, waiting shelters, access stairs and ramps, free standing ticket machine, car parking, cycle parking and associated boundary fencing, land adjacent to St Georges Way, Nuneaton, Warwickshire subject to the conditions and for the reasons contained within Appendix B of the report of the Strategic Director for Communities.
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1. Application Details
1.1 Planning permission is sought for the provision of a new railway station at land adjacent to St Georges Way, Nuneaton, Warwickshire. This application was considered at Regulatory Committee in August; however members deferred the determination of the application to enable the Regulatory Committee members to undertake a site visit to investigate car parking, lorry movements around the industrial estate, the configuration of roundabouts, and the safety of passengers.
1.2 The proposed development is a new railway station, comprising:-
(1) two single sided platforms (located on opposing sides of the double tracks, staggered north and south of Underbridge 9), each of sufficient size to accommodate three-car trains, formed of prefabricated concrete sections supported on concrete piles;
(2) associated pedestrian only access, (a flight of steps and steel access ramp to each platform);
(3) two single storey metal frame and glass proprietary waiting shelters (one on each platform);
(4) 1.8m high bow topped fencing to the rear of each platform;
(5) re-located 1.8m tall palisade fencing adjacent to the cycle parking and at the electrical supply interface (Distribution Network Operator (DNO) box);
(6) Public Address (PA) equipment;
(7) Customer Information services (CIS);
(8) Ticket Vending Machine (TVM),
(9) Closed Circuit Television (CCTV),
(10) Lighting (a total of 16 no. at platform level and a further single column adjacent to the ticket vending machine);
(11) Platform furniture;
(12) 30 on-street car park spaces along St. George’s Way, within the existing verge but within the existing highway boundary, parallel to the road; and
(13) Secure cycle parking facilities for 20 bicycles.
1.3 The proposed development is 0.3ha in area. In terms of scale, the tallest elements on the platform would include lighting columns (full specification to be submitted and the passenger waiting shelter (likely to be approximately 2.4m tall from platform level). The platforms would be approximately 90m long.
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1.4 The platforms are accessed off of St George’s way and via an existing underbridge which is proposed to be upgarded. No new bridge structures are proposed as part of the proposed development.
1.5 The proposed development would facilitate sustainable public transport between Bermuda Park and the regions other major urban areas. The application suggests that the proposal would assist the economic development of the area, reduce congestion on the local highway network and result in a reduction in pollution.
1.6 Bermuda Park Station would be one of several improvements to this rail line with Coventry City Council recently having approved a new rail station at Coventry’s Arena Park (Planning Application ref: FUL/2012/1037).
1.7 The submitted Design and Access Statement indicates:-
(1) The overall trend in the numbers of rail passengers in Coventry and Warwickshire is one of sustained growth with rail travel becoming increasingly important. Commuting and business travel to the West Midlands conurbation and Coventry form a substantial element of rail travel in the County for people from a wide range of socio-economic groups. Rail journeys for retail, leisure and social activities continue to grow.
(2) The proposed development is intended to facilitate travel to and from Bermuda Park using sustainable public transport, linking this locality to the region’s other major urban areas and beyond in order to assist economic development. The development would, it is anticipated, reduce congestion on the local highway network, leading to net reductions in pollution and disturbance/nuisance currently associated with high levels of private car use.
(3) This proposed station is one of a number of improvements being undertaken to this line. In parallel to the application which this document accompanies is an additional planning application to Coventry City Council regarding the development of another new rail station further south on this line at Coventry Arena. These improvements are part of the Coventry - Nuneaton rail upgrade scheme, which seeks to improve public transport and help to address the socio-economic issues of the Coventry to Nuneaton corridor, increasing the frequency of services between Coventry and Nuneaton from one train per hour to two trains per hour. It will also facilitate the strategic development and economic growth aspirations of the corridor. The principal objectives of the proposed scheme are to:-
(a) Support growth, competitiveness and economic development in the Coventry to Nuneaton corridor through improving connectivity, increasing capacity and reducing congestion. This will help to:-
(1) Reduce social exclusion.
(2) Reduce deprivation.
(3) Support regeneration and employment proposals around Bermuda Park and Coventry Arena
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(4) Support the delivery of the substantial planned growth along the corridor.
(b) Achieve enhanced public transport in an environmentally sustainable manner, contributing to tackling climate change, through reducing the carbon impact of transport.
(c) To support key regionally endorsed projects and developments, in particular:-
(1) The Friargate Masterplan (Coventry City Centre Business District providing up to 15,000 jobs).
(2) Connecting Coventry rail station and public transport interchange enhancement.
(3) The Ricoh Arena.
(4) Warwick and Coventry Universities.
(5) The Coventry, Warwickshire and Solihull High Technology Corridor.
(d) Improve safety, security and health in the West Midlands and Warwickshire, through reducing accidents and improving security on the public transport network.
(e) Make it easier for people to access a wider range of jobs and services.
2. Consultation
2.1 Nuneaton and Bedworth Bourough Council – No objection to the proposed development and consider that the development is in accordance with the Nuneaton and Bedworth Local Plan,
2.3 Environment Agency – No objections subject to conditions.
2.4 Network Rail – No objections.
2.5 Councillor J Tandy – No comments received as of 7 August 2012.
2.6 Natural England – No objections
2.7 Warwickshire Police – recommend either CCTV be installed to cover the on street parking area or a secure parking facility is made available.
2.8 The Coal Authority – Do not raise any objections to the proposal.
2.2 6 site notices posted - 21 June 2012
2.3 Press notice posted on - 21 June 2012
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2.4 10 nearest residential properties individually notified on 21 June 2012.
3. Representations
3.1 One letter received from Univar who are a company currently located on the Bermuda Park Industrial Estate. Univar raise the following concerns:-
(1) The parking for the new station would be on a long linear section of St Georges Way, parallel to the main carriageway bur without further parking controls to deal with the limited vehicular parking capacity. Since St Georges way provides the only route to the Univar site for heavy goods vehicles carrying hazardous goods, we feel there should be measures in place to limit the potential for cars to park outside of the designated parking areas, along the carriageway and thus limiting the potential for larger vehicles to pass each other safely. Since there are also numerous site entrances and a road junction in the vicinity of the station it is felt this could also increase the likelihood of vehicle collisions.
(2) It is noted that a new roundabout is proposed immediately outside of the main entrance to the Univar site where our access arrangements, for safety reasons, incorporate a one-way traffic system with delivery vehicles, including articulated lorries, moving to the right hand side of the entrance area when entering the facility. We do not believe that the configuration of the new roundabout sits well with this arrangement and further thought is required on its design and positioning to ensure that delivery vehicles do not conflict with other traffic. It may be more appropriate to remodel the roundabout and move its central section closer to the east to achieve this.
4. Previous Planning History
4.1 No relevant planning history.
5. Assessment and Observations
Location
5.1 The application site is approximately 0.3 ha (station 0.19ha, car parking 0.11ha), located to the east of Bermuda Industrial Estate and to the west of the former Griff Quarry. The site is located to the east of St George’s Way. It is some 2.2 km south of Nuneaton Town Centre; 2.6km north of Bedworth.
Principle of the Proposed Development
5.2 The application site is allocated within the Nuneaton and Bedworth Local Plan for a proposed station. Policy T6 of the Local Plan states, where other material considerations do not indicate otherwise, planning permission will be granted for proposals which provide new or improved public transport interchanges, and development will not be permitted which prejudices the future use of the rail network. The Council will work with the Police and other agencies to minimise crime on public transport. The supporting text to this Policy specifically Indicates that a new rail station and public transport interchange, possibly with Park and
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Ride facilities, at Bermuda to serve the development identified in Emp1 and the existing employment areas nearby will be investigated
5.3 In addition to the above the southbound platform encroaches very marginally into the Green Belt by approximately 8 square metres. The proposed development is however set entirely within the exiting railway corridor, and has been located at the position considered optimum for forecast passenger flows and accessibility, whilst avoiding the relocation of significant operational railway equipment. Paragraph 90 of the NPPF states that certain other forms of development, including local transport infrastructure, are also not inappropriate in Green Belt provided there is a requirement for a Green Belt location and the proposal would preserve the openness of the Green Belt and the purposes of including land in the Green Belt. The location of the proposal is constrained to this area given the existing railway line, the usage of the existing underpass, the changing land levels (embankments) and the aim to provide a rail link to Bermuda Industrial Estate. Further the development does not conflict with any of the purposes of including land within Green Belts, as set out within the NPPF, and would not harm the openness of the Green Belt. It would provide essential transport infrastructure that would bring about significant environmental and economic benefit and support the clear objectives of the Local Plan.
5.4 Having regard to the above it is considered that the principle of the proposed development is acceptable subject to the impact upon all other material planning considerations.
Amenity Issues
5.5 The proposed station would be located along the existing railway line and would be located approximately 250 metres from the nearest residential dwelling house. The proposed station would therefore be set away from noise sensitive receptors; however the proposal would result in an increase in frequency of trains using the existing railway line, more activity in this area as well as the introduction of a public address system in this location.
5.6 The application has been accompanied by a noise and vibration assessment. With reference to the proposed PA system the assessment showed that the overall noise contributions from the PA system of the new station at the noise- sensitive receivers should be around 27 dB LAeq, during both day-time and evening periods. If the PA system is operational between 05:00 and 07:00, the noise limits should be 5 dB lower. For reasonable sleeping conditions in bedrooms with the windows open, the World Health Organisation recommends an external noise level of 45 dB LAeq. The noise levels under consideration are lower than 45 dB LAeq and would not cause sleep disturbance.
5.7 The vibration and noise assessment also considered the impact of the proposed car parking, rail traffic and road traffic noise. The resulting noise level from car park activities has been calculated as being more than 10 dB below the existing day-time noise levels in the area during weekdays. Noise associated with car park activities is therefore unlikely to be an issue or cause complaints from nearby receptors. The frequency of train services is to increase to a half-hourly service. This is expected to result in noise increases of up to 6 dB. It is expected
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that the additional road traffic generated by the proposed development would be sufficiently low volume not to affect existing road network. The resulting noise changes would therefore be negligible
5.8 The supporting noise and vibration statement concludes that the impact from the station can be satisfactorily managed. In addition the air quality statement indicates potential impact from the scheme on air quality from air pollution will be negligible. In addition to the above the Environmental Protection department has been consulted at Nuneaton and Bedworth Borough Council and have not raised any objections to the proposed development.
Environmental Issues
Flood Risk Issues 5.9 Part of the application site is located within Flood Zone 3, which refers to land where the indicative annual probability of flooding is 1 in 100 years or less from river sources (i.e. it has a 1% or greater chance of flooding in any given year). The submitted Flood Risk Assessment (FRA) demonstrates that flooding is unlikely and the development together with the flood risk mitigation proposed is acceptable. In addition to the above the Environment Agency has confirmed that they do not raise any objections to the proposed development from a flood risk perspective.
Contamination Land Issues 5.10 The information presented indicates that the site contains limited concentrations of contamination. Given the site setting the Environment Agency consider the level is unlikely to pose a significant risk to ‘Controlled Waters’ receptors.
Health and Safety 5.11 The proposed location of Bermuda Park Station lies in the vicinity of Univar Ltd, which is a major hazard installation for which the Health and Safety Executive (HSE) have defined land use planning zones. The purpose of such land use planning zones is to help control inappropriate development in the vicinity of major hazard sites to help ensure that risks associated with a major accident are adequately controlled.
5.12 The HSE is a statutory consultee for this application and their standing advice does not advise against the granting of planning permission in this case.
Ecology 5.13 The site mostly comprises a narrow strip of embankment and cutting located between St George’s Way to the west and the Nuneaton railway line to the east. An additional small section of the site comprises a section of the railway embankment to the east of the Nuneaton railway line.
5.14 A small part of Ecosite 559/38 (Griff Railway Cutting) extends into the northern end of the site. In addition, the site lies immediately adjacent to Ecosite 640/30 (Griff Granite Quarry No.1) to the east and almost adjacent to (separated by a road) Ecosite 510/38 (Griff Hollow Canal and Gorsey Knob) to the west. Griff Hollow Local Wildlife Site (LWS) lies approximately 280m to the east of the site. Bermuda Balancing Lake LWS lies approximately 250m to the west of the site.
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Local Wildlife Sites are of county importance for nature conservation. Griff Quarry Site of Special Scientific Interest (SSSI) lies approximately 320m to the south of the site, although this site is designated due to its geological interest rather than ecological interest. SSSIs are of national conservation importance. Ensor’s Pool Special Area of Conservation (SAC) is located approximately 1km to the north-west of the site (designated due to its large population of white- clawed crayfish) – SACs are of international importance for nature conservation.
5.15 There are no records of protected or notable species within the site boundary and it is considered that the proposed development would not impact on the Ensor’s Pool SAC, Griff Quarry SSSI or the Bermuda Balancing Lake and Griff Hollow and Bermuda Balancing Lake LWSs. This is due to the designated sites’ distances from the site boundary and the lack of connectivity (including hydrological) between the sites. It is therefore accepted that no Habitats Regulations Assessment (HRA) is required in this case.
5.16 An area of approximately 5m x 2m will be lost from the Griff Granite Quarry No. 1 Ecosite as a result of the proposed works. However, given the commonplace nature of the habitat being lost (hawthorn scrub) and the small area of loss, it is considered that this will not significantly impact on the Ecosite’s ecological value in the long-term, especially as the proposed planting scheme for the development includes areas of native scrub planting, including hawthorn.
5.17 The Phase 1 habitat survey carried out by Atkins in May 2011 found that the site mainly comprises a ballasted railway corridor with patches of semi-improved grassland interspersed with tall ruderal vegetation, scattered scrub and occasional juvenile broad-leaved trees on the cuttings/embankments either side of the railway. There is also a dry drainage channel to the east of the railway line. All these habitats are commonplace and of low-medium ecological value in the local context. The use of native species within the proposed planting scheme would assist in compensating against the habitat loss. However the submitted planting plan includes a small number of plant species that are unusual to Warwickshire. Having regard to the above if members are minded to grant planning permission it is recommended that a condition be imposed requiring a planting plan to be submitted to and approved in writing with the County Planning Authority. In addition there are a number of mature trees located directly to the east of the application site. If works are carried out within the close vicinity of these mature trees, tree protection will be required. The imposition of an appropriately worded condition is therefore recommended.
Badgers 5.18 The site was surveyed for presence of badgers during the May 2011 Phase 1 survey and again in August 2011. No evidence of badgers was found on either occasion and it is concluded that badgers are currently absent from the site. However, as badgers are a highly mobile species that can dig new setts overnight, the applicants ecologist’s recommendation is to carry out a pre- commencement badger check within the six months preceding commencement of works is appropriate and it is recommend that this forms part of a Construction and Environmental Management Plan (CEMP) which should be secured by the imposition of a condition.
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Bats 5.19 The site was surveyed for its potential to support roosting bats as part of the Phase 1 habitat survey in May 2011. A railway bridge within the centre of the site (UB9 on Drawing 5103946.025/ECO/001) was highlighted as offering low roosting potential due to gaps observed between the bridge’s steel girders and timber decking. None of the other built structures or trees on site were considered to offer any bat roosting potential. However, four mature oak trees situated adjacent to the site’s eastern boundary (T7 – T10 on Drawing 5103946.025/ECO/001) were highlighted as offering low potential roosting opportunities for bats.
5.20 The bridge and the four adjacent trees with low bat roosting potential will remain unaffected by the proposed works. However, in accordance with the applicant’s ecologist recommendations, if any works are subsequently proposed for the bridge or any of the four mature oak trees, these should first be surveyed for bats. This would be likely to entail at least a dusk emergence and dawn re-entry survey at the appropriate time of year.
5.21 The railway line and adjacent Ecosites are likely to provide a foraging/commuting corridor for bats. Therefore proposed lighting for the site should be designed sensitively to minimise light spillage into surrounding habitats and it is recommended that a condition be imposed to this end.
Birds 5.22 Bird species observed during the Phase 1 Habitat survey in May 2011 included song thrush (RSPB red-listed and Warwickshire BAP species), green woodpecker (RSPB amber-listed), long-tailed tits, blackbird, magpie and wren. All the trees and areas of scrub and tall ruderal vegetation within the application site offer suitable habitat for nesting birds, and all of the site’s habitats offer foraging habitat and shelter to many local bird species.
5.23 The proposed development will lead to loss of nesting and foraging habitat for a number of local bird species, although it is noted that the proposed planting scheme will reinstate some of this habitat. In order to avoid harm to breeding birds the applicant’s ecologist proposes to carry out vegetation removal outside the bird nesting season where possible and this is considered appropriate.
Reptiles 5.24 The May 2011 Phase 1 habitat survey identified suitable reptile habitat within the application site (e.g. cable troughing routes, semi-improved grassland and scrub). A reptile presence/absence survey was subsequently carried out in August 2011 which, although not carried out at the optimal time of year, was carried out under suitable conditions, in accordance with current best-practice guidelines. The survey recorded common lizards and grass snake as present within the site and estimated that there is a medium population of common lizards on site and a small grass snake population. Due to the connectivity of habitats (railway line and adjacent ecosite to the east), it is likely that the territories of these populations extend beyond the site boundaries, particularly the grass snakes.
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5.25 The Bermuda Park area of Nuneaton is one of Warwickshire’s most important sites for reptiles, and it is therefore important that every effort is made to protect the reptile populations using the site. Given that reptiles would otherwise still be able to pass through the site during works due to the presence of the railway track, mitigation for reptiles should include erecting reptile fencing around the perimeter of the site boundary and carrying out a process of trapping and relocating of reptiles in accordance with current best-practice guidelines prior to site clearance works commencing and the Precautionary Method of Working (PMW), as set out within the submitted ecology report, should be adhered to.
Amphibians 5.26 The dry ditch within the site does not offer suitable breeding habitat for great crested newts and other amphibians due to its lack of water. However, the nearby Griff Canal Arm and Bermuda Balancing Lake water bodies were surveyed for great crested newts in May 2011, as there are terrestrial links between these areas and the site. The survey appears to have been carried out in accordance with current best-practice guidelines. No great crested newts were recorded in either of the water bodies, although a medium smooth newt population was recorded within Griff Canal Arm. It is therefore considered that great crested newts are absent from the site. A conditioned reptile mitigation strategy will help to ensure that smooth newts and other amphibians are not harmed as a result of the proposed works. The proposed new log piles will also benefit this group of species. However, if a great crested newt is discovered on site at any time prior to or during works, work should stop immediately and Natural England or the WCC Ecology Unit should be consulted on the best way to proceed.
White-Clawed Crayfish 5.27 It is considered that, there will be no impacts on this species, provided appropriate pollution control measures are put into place which should form part of the conditioned CEMP.
Invertebrates 5.28 The railway embankments and cuttings within the application site offer small areas of suitable habitat for a range of invertebrates including the BAP butterfly species, small heath, although no notable invertebrates were recorded during the Phase 1 habitat survey and subsequent visits to the site for additional survey work. The loss of invertebrate habitat, although regrettable, is unlikely to impact on local invertebrate populations, given the extensive alternative suitable habitat adjacent to the site to its east (Griff Granite Quarry No. 1 Ecosite), north and south (extensions of the railway embankments). The use of native species within the proposed planting plan will help to provide compensatory additional habitat for invertebrates.
5.29 Having regard to the above and subject to appropriately worded conditions it is considered that the proposed development would not have an unacceptable impact upon protected species and their habitats.
Security 5.30 Close Circuit Television (CCTV) and external lighting are proposed as part of the application to ensure the station and pedestrian routes are safe and secure.
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Warwickshire Police have responded and recommend additional CCTV to cover the proposed parking area. Having regard to this it is considered that should members be minded to grant planning permission that a condition be imposed requiring details of the CCTV to be submitted to and agreed in writing with the County Planning Authority.
Highways 5.31 In terms of anticipated vehicular trip generation and distribution as a consequence of the development, the impact on the surrounding highway network will be minimal. The development is therefore acceptable in this respect.
5.32 The proposed station includes a 30 space car park adjacent to the carriageway of St Georges Way. The parking provision proposed is based on the rail demand model produced by Jacobs Consultancy which has been accepted by the Department for Transport. In addition the proposal itself is likely to remove a number of single occupancy car journeys from the locality.
5.33 There are access points to the site from the north, east and south of St Georges Way. From the north, access can be gained by both pedestrians and cyclists via dedicated shared facility leading from Middlemarch Road. From the east, there is an existing footpath route between St Georges Way and Coventry Road. This route diverges to one of the following:-
(1) connects to an existing footway along Coventry Road leading to the north where bus connections can be picked up.
(2) continues under the Coventry Road via a pedestrian underpass.
(3) The footpath and underpass are both lit however, both routes could raise issues with safety or the perception of safety. The development includes proposals to improve lighting and also provide CCTV surveillance to address these concerns.
5.34 The provision of an at grade crossing on the Coventry Road has been considered however the Coventry Road at the point where the footpath joins the footway/diverges to the underpass, is subject to a 50 mph speed limit. The current speed limit was part of the Warwickshire Speed limit Review of A and B Roads and reduced the limit to 50 mph from the previous 60 mph. The running lanes of the carriageway also widen on the downhill approach towards the location of the footpath/underpass with a hatched central lane. The provision of a pedestrian refuge was considered however refuge islands are not recommended on roads with a speed limit greater than 40 mph. It would be possible to provide a signal controlled crossing however the pedestrian movements are unlikely to warrant this, particularly when there is an existing underpass facility. It is also proposed to provide a new section of footway on the western side of Coventry Road to provide a continuous link for pedestrians travelling north on the Coventry Road. To the south both pedestrian and cycle facilities exist, connecting into the existing network.
5.35 The proposed highway improvements include:-
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(1) 30 bay parking area parallel and contiguous with the public highway St Georges Way together with cycle storage, relocated cycleway, footway provision,
(2) a mini roundabout to north-western end of St Georges Way together with associated signage,
(3) a section of footway on the western side of Coventry Road connecting with the existing footway to provide a continuous facility,
(4) the enhancement of existing bus stops on the Coventry Road and north of Gypsy Lane on the B4113,
(5) enhancement of the existing footpath between St Georges way and Coventry Road including the Coventry Road underpass,
5.36 Having regard to the above and the proposed it is not considered that the proposed development would have a significantly detrimental impact upon highway safety subject to the imposition of conditions requiring the various highway improvements to be carried out and monitoring of the parking capacity at the station.
Planning Policy
National Planning Policy Framework (NPPF)
5.37 The National Planning Policy Framework sets out the Government’s planning policies for England and how these are expected to be applied. The NPPF states that there is a presumption in favour of sustainable development and this should be the basis for every plan, and every decision.
5.38 Paragraph 6 of the NPPF states, “The purpose of the planning system is to contribute to the achievement of sustainable development”. Paragraph 31 of the NPPF states, “Local authorities should work with neighbouring authorities and transport providers to develop strategies for the provision of viable infrastructure necessary to support sustainable development, including large scale facilities such as rail freight interchanges, roadside facilities for motorists or transport investment necessary to support strategies for the growth of ports, airports or other major generators of travel demand in their areas”.
The Regional Spatial Strategy for the West Midlands (RSS)
5.39 The Regional Spatial Strategy remains part of the Development Plan at this time. Policy T1 (Developing accessibility and mobility within the Region to support the Spatial Strategy) provides the overarching framework for the strategy. At its heart is the importance of improving accessibility and the performance of the transport system whilst not perpetuating past trends in car traffic and trip length growth. Policy T2 (Reducing the need to travel) seeks for Local authorities, developers and other agencies should work together to reduce the need to travel, especially by car, and to reduce the length of journeys. Policy T5 (Public Transport) promotes the development of an integrated public transport network where all people have access to high quality and affordable
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public transport services across the Region is a key element of the Regional vision.
5.40 On 27 May 2010 the Secretary of State for Communities and Local Government, wrote to Council leaders highlighting the Coalition Government's commitment to rapidly abolish Regional Strategies (RS) and return decision making powers on housing and planning to local councils.
5.41 On 6 July 2010 a Parliamentary Statement confirmed that Regional Strategies had been revoked with immediate effect however, on 10 November 2010 the High Court ruled that communities secretary Eric Pickles acted unlawfully in unilaterally revoking the system of regional strategies in England. The effect of this decision is to re-establish Regional Strategies as part of the development plan. The RSS therefore remained part of the Development Plan together with the saved policies from the Local Plan and Structure Plan.
5.42 Central Government’s intention to revoke Regional Strategies remained and the Localism Bill was first introduced into parliament in December 2010. The Bill was intended to devolve greater powers to Councils and neighbourhoods and give local communities more control over housing and planning in their areas, this includes the intended removal of the primary legislation which sets the basis for Regional Strategies (RS).
5.43 The Localism Act 2011 received Royal Assent on 15 November 2011. This has the effect via S109 of removing Part 5 of the Local Democracy, Economic Development and Construction Act 2009, which provides the architecture of the regional planning tier, including Leaders' Boards whose responsibility it was to prepare the relevant RS. The first stage has effect immediately on Royal Assent of the Localism Bill. This will prevent any further Strategies being created.
5.44 The second stage is to abolish each existing Regional Strategy outside of London and saved county structure plan policies by Order. However, whilst it is still the Government’s clear intention to lay orders in Parliament revoking the existing RSS and saved structure plan policies as soon as possible, final decisions on the revocations will not be made until the Secretary of State and Parliament have had the opportunity to consider the outcome of the environmental assessment process which closed on 20 January 2012.
5.45 Therefore, the Regional Spatial Strategies still form part of the Development Plan and the application should be determined accordingly. It is a matter for your Committee what weight it gives to the intention to revoke the RSS but it is recommended that in the circumstances of this case and at this stage of the process for revocation only limited, if any, weight should be given to the intention.
Nuneaton and Bedworth Local Plan 2006
5.46 Policy Env1 of the Local Plan sates that within the Green Belt development will not normally be permitted unless it is for:-
(1) Agriculture and forestry,
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(2) Essential facilities for outdoor sport and outdoor recreation, for cemeteries and for other uses of land which preserve the openness of the Green Belt, and which do not conflict with the purposes of including land in it.
(3) Limited extension, alteration or replacement of existing dwellings
(4) Limited infilling or redevelopment of major existing developed sites identified in adopted local plans.
5.47 Policy T6 of the Local Plan states, where other material considerations do not indicate otherwise, planning permission will be granted for proposals which provide new or improved public transport interchanges, and development will not be permitted which prejudices the future use of the rail network. The Council will work with the Police and other agencies to minimise crime on public transport.
6. Analysis and Conclusions
6.1 In conclusion and subject to appropriate safeguarding conditions it is considered that the proposed railway station is acceptable, and will not adversely impact on the surrounding area. It would support sustainable transport in the area supporting the aims of the NPPF and the designation of the site for station development in the Nuneaton and Bedworth Local Plan.
7. Background Papers
7.1 Submitted Planning Application – Planning Reference NBB/12CC020
7.2 Appendix A – Map of site and location.
7.3 Appendix B – Planning Conditions.
Name Contact Information Report Author Ciaran Power [email protected] Tel: 01926 41 2193 Head of Service Louise Wall [email protected] Strategic Director Monica Fogarty [email protected] Portfolio Holder Cllr Alan Cockburn [email protected]
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COVENTRY ROAD
DORLECOTE PLACE
GRESHAM ROAD 21 23
GRIFF WAY
ST GEORGES WAY
A 444 Bermuda Industrial Estate
Griff Hollow
ED & Ward Bdy Bermuda Industrial Estate Water
El Sub Sta
CR Application
Path Site WB ETL Water 94.6m
GVC
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Tip (disused)
Sinks
BURLINGTON ROAD
ETL
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This map is reproduced from the Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office. © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Tip (disused) © Crown Copyright and database right 2012. Ordnance Survey 100019520. WB Licence No. 100019520. 2010.
Title: Bermuda Park Station 12
Ref: NBB/12CC020El Sub Sta Date: 02/08/2012 Warwickshire County Council ST GEORGES WAY Griff Caravan Site Shire Hall
GRIFF WAY Drawn ED & Ward Bdy Warwick CV34 4SA 1:2808 102.0m Telephone: 01926 410410 C Power CR Bermuda Scale: By: Warwickshire On-line Mapping Browser and Toolkit Industrial Estate www.warwickshire.gov.uk Appendix B of Item 2
Regulatory Committee – 11 September 2012
Land Adjacent to St Georges Way, Nuneaton - Provision of a New Railway Station
NBB/12CC020
Planning Conditions
1. The development hereby approved shall be commenced no later than three years from the date of this permission.
Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
2. The development hereby permitted shall be carried out in accordance with Drawing Number B1294300-CTN-G4/CV.DRG/4020 Rev A02, B1294300-CTN- G4/CV.DRG/1935 Rev A01, B1294300-CTN-G4/CV.DRG/ 4026 Rev A01, B1294300-CTN-G4/CV.DRG/ 4025 Rev A01, B1294300-CTN-G4/CV.DRG/4024 Rev A01, B1294300-CTN-G4/CV.DRG/4023 Rev A01, B1294300-CTN- G4/CV.DRG/ 0932 Rev A01, B1294300-CTN-G4/CV.DRG/906 Rev A01, B1294300-CTN-G4/CV.DRG/4028 Rev A01, B1294300-CTN-G4/CV.DRG/ 4027 Rev A01, B1294300-CTN-G4/CV.DRG/4022 Rev A01, B1294300-CTN- G4/CV.DRG/4021 Rev A01, submitted to the local planning authority on 14 June 2012 and any samples or details approved in accordance with the conditions attached to this permission, except to the extent that any modification is required or allowed by or pursuant to these conditions.
Reason: In order to define the exact details of the planning permission granted and to secure a satisfactory standard of development in the locality.
3. The development hereby permitted shall not commence until a detailed schedule of reptile mitigation measures (to include timing of works, a Precautionary Method of Working and habitat enhancements) has been submitted to and approved in writing by the County Planning Authority. Such approved mitigation measures shall thereafter be implemented in full.
Reason: To ensure that protected species are not harmed by the development.
4. The development hereby permitted shall not commence until a Construction and Environmental Management Plan (CEMP) for the construction phase has been submitted to and approved in writing by the County Planning Authority. The CEMP shall include the following elements:
(1) appointment of an Ecological Clerk of Works to oversee all ecological protection measures;
(2) pre-commencement checks for badgers and breeding birds; and
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(3) Appropriate working practices and safeguards for nesting birds, reptiles, amphibians, badgers and bats that are to be employed whilst phased works are taking place on site.
The agreed Construction and Environmental Management Plan shall thereafter be implemented in full.
Reason: To ensure that protected species are not harmed by the development.
5. Prior to the commencement of development adequate measures shall be taken to protect existing trees identified to be retained as part of the details landscaping scheme approved pursuant to condition 13 on or immediately adjacent to the site during development. A barrier, such as a wire fence, should be erected adjacent to the trees before work starts. This fenced area should include a buffer zone of at least 2-3 metres between the development and the hedgerow/edge of the tree canopy.
Reason: To ensure the protection of existing trees during development.
6. Prior to the installation of external lighting at the site a scheme detailing the type, height, location, light spillage and sky glow and hours of operation of the lights shall be submitted to and approved by the County Planning Authority. The approved scheme shall be installed and thereafter maintained.
Reason: To ensure that protected species are not harmed by the development and in accordance with National Planning Policy Framework 2012 and in the interest of the amenity of the area.
7. Samples of external surfacing materials shall be submitted to and approved in writing by the County Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: In order to secure the satisfactory appearance of the development.
8. Prior to the first use of the station hereby permitted a scheme for the highway improvements shall be submitted to and agreed in writing with the County Planning Authority. The improvements shall include:
(1) a 30 bay parking area parallel and contiguous with the public highway St Georges Way together with cycle storage, relocated cycleway, footway provision, associated signage and dropped kerb crossings along St Georges Way to facilitate pedestrian,
(2) a mini roundabout to north-western end of St Georges Way together with associated signage,
(3) a section of footway on the western side of Coventry Road connecting with the existing footway to provide a continuous facility,
(4) the enhancement of existing bus stops on the Coventry Road and north of Gypsy Lane on the B4113,
(5) Enhancement of the existing footpath between St George’s way and Coventry Road including the Coventry Road underpass.
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Once approved the scheme shall be implemented in full and thereafter maintained.
Reason: In the interests of highway safety.
9. Within 6 months of completion of the development, monitoring for the station parking shall be carried out taking into account any parking outside of the designated station parking area along St George’s Way. Subsequent to the initial survey at least a further 2 surveys shall be carried out at regular 6 month intervals. The survey results shall then be submitted to the County Planning Authority.
Reason: To monitor and assess the impact of the proposed development for the benefit of the Highway Agency.
10. No public address system shall be installed until full details of the location, hours of operation and level of noise have been submitted to and approved in writing by the County Planning Authority. Once approved the scheme shall be implemented in full and thereafter maintained.
Reason: To protect the amenity of local residents.
11. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) Ref: 5103946/040/001, rev 3.0, dated May 2012 and the following mitigation measures detailed within the FRA:
(1) The proposed works must not result in damage to existing culverted watercourses.
(2) An easement of at least 3m must be provided from the edge of any culverted watercourse, unless previously agreed in writing by the responsible authority.
(3) A Flood Action Plan must be established in case of a significant flood event affecting the station entry/exit points as proposed in the FRA.
(4) A CCTV survey of any existing culvert to be built over should be undertaken to ensure that the structure is sound and repairs/ maintenance carried out where appropriate.
(5) There shall be no raised ground levels or structures within the overflow channel of the former canal route.
The mitigation measures shall be fully implemented prior to the first use and subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.
Reason: To ensure safe access and egress from and to the site, To reduce the risk of flooding from blockages to the existing culvert (s), to maintain access to existing culverts for improvements, repairs and maintenance, to ensure that there are no adverse effects on flood risk or damage to culverts arising from the
B3 of 5 works, to reduce the risk of flooding to the proposed development and future occupants.
12. The development hereby permitted shall not be commenced until full details of landscape proposals for the site have been submitted to and approved in writing by the County Planning Authority. These details should include a planting plan showing existing trees to be retained along with new planting, written specifications, schedules of plants/trees noting plant/tree locations, species, sizes and proposed numbers and densities where appropriate.
Reason: To ensure the satisfactory appearance of the completed development.
13. The landscaping scheme approved pursuant to condition 13 of this consent shall be implemented in the first planting season following the completion of the development hereby approved and unless otherwise agreed in writing by the County Planning Authority, should any plants/trees planted as part of the landscape scheme, die, are removed, become damaged or are seriously diseased within five years of the initial planting then they shall be replaced in the next planting season with others of a similar size and species.
Reason: To ensure the satisfactory appearance of the completed development.
14. Prior to the first use a scheme for the CCTV shall be submitted to and approved in writing with the County Planning Authority. Once approved the scheme shall be implemented in full prior to the use of the station commences and thereafter maintained.
Reason: The existing CCTV does not provide extensive coverage to include the 30 bay parking area.
Notes to Applicant:-
(1) Section 39 of the Road Traffic Act 1988 requires local authorities to take such measures as appear to the Authority to be appropriate to reduce the possibilities of accidents when new or improved roads come into use. In submitting plans for the discharge planning condition no.9(ii) the developers are advised that an independent stage 2 safety audit of the proposals must be provided to satisfy the requirements of the Act.
(2) The applicant must make contact with the Network Rail Asset Protection Team to ensure that the safety, operation and integrity of the operational railway are not affected by this proposal. The Asset Protection Team will require to see all plans and method statements in regards to drainage works, excavation works, remediation works, landscaping, boundary treatments/fencing, lighting plans, any piling plans, cranes and plant, scaffolding and any plans and method statements as is required to facilitate the proposal.
(3) The proposed development lies within a coal mining area which may contain unrecorded mining related hazards. If any coal mining feature is encountered during development, this should be reported to The Coal Authority. Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires the
B4 of 5 prior written permission of The Coal Authority. Property specific summary information on coal mining can be obtained from The Coal Authority’s Property Search Service on 0845 762 6848 or at www.groundstability.com
Development Plan Policies Relevant to the Decision
The Regional Spatial Strategy for the West Midlands (RSS)
Policy T1 (Developing accessibility and mobility within the Region to support the Spatial Strategy) provides the overarching framework for the strategy. At its heart is the importance of improving accessibility and the performance of the transport system whilst not perpetuating past trends in car traffic and trip length growth.
Policy T2 (Reducing the need to travel) seeks for Local authorities, developers and other agencies should work together to reduce the need to travel, especially by car, and to reduce the length of journeys.
Policy T5 (public Transport) promotes the development of an integrated public transport network where all people have access to high quality and affordable public transport services across the Region is a key element of the Regional vision.
Nuneaton and Bedworth Local Plan 2006
Policy Env1 of the Local Plan sates that within the Green Belt development will not normally be permitted unless it is for:-
(1) Agriculture and forestry,
(2) Essential facilities for outdoor sport and outdoor recreation, for cemeteries and for other uses of land which preserve the openness of the Green Belt, and which do not conflict with the purposes of including land in it.
(3) Limited extension, alteration or replacement of existing dwellings
(4) Limited infilling or redevelopment of major existing developed sites identified in adopted local plans.
Policy T6 of the Local Plan states, where other material considerations do not indicate otherwise, planning permission will be granted for proposals which provide new or improved public transport interchanges, and development will not be permitted which prejudices the future use of the rail network. The Council will work with the Police and other agencies to minimise crime on public transport.
Reasons for the Grant of Planning Permission
The development hereby permitted accords with the relevant provisions of the development plan and there are not contrary material considerations sufficient to justify refusal of planning permission. Furthermore it is considered that the proposed station will contribute to sustainable travel.
B5 of 5 Item 3 Regulatory Committee - 11 September 2012
Land Lying to the North East of Whitacre Road, Nuneaton - Change of Use from Class B1 to Vehicle Scrap Yard -
Application No.: NBB/12CM026
Advertised date: 12 July 2012
Applicant(s) Mr Shakeel Khan 1 Victory Road Coventry CV6 5JF
Agent(s) Mr Shahid Ilyas 25 Durbar Avenue Coventry United Kingdom CV6 5LW
Registered by: The Strategic Director for Communities on 5 July 2012
Proposal: Change of use from Class B1 to vehicle scrap yard
Site & location: Land lying to the North East of Whitacre Road, Nuneaton, CV11 6BY. [Grid Ref: 437454.291762].
See plan in Appendix A
Recommendation
That the Regulatory Committee authorises the grant of planning permission for Change of use from Class B1 to vehicle scrap yard subject to the conditions and for the reasons contained within Appendix B of the report of the Strategic Director for Communities.
1. Application details
1.1 Planning permission is sought for the change of use of an existing vacant unit at Whitacre Road Industrial Estate. The site was last used for operation of a B1 use. Access into and out of the site is via an existing access off of Whitacre Road. There are no external alterations proposed to the site or its buildings.
1.2 The proposed change of use would facilitate the use of the site as a scrap yard. It is proposed that any industrial works will be carried out inside of the existing buildings with the external yard area used for storage only.
1 of 9 Typically a vehicle scrap yard would incorporate the following processes:-
(1) Importation of scrap vehicles (2) Vehicular depollution (3) Dismantling and Breaking of vehicles. (4) Storage of vehicle parts. (5) Sale of parts
1.3 The applicant has confirmed that he is the owner of the premises and is seeking permission for the proposed use in order to market the site. The applicant is therefore unable to provide specific details regarding the estimated throughput, hours of operation etc. However, the applicant is willing to accept relevant conditions which the County Council see fit to impose on any approval.
2. Consultation
2.1 Nuneaton and Bedworth Planning – No objections.
2.2 Nuneaton and Bedworth Environmental Health - No objections.
2.3 Councillor J Clarke - No comments received as of 28 August 2012.
2.4 Environment Agency – No objections
2.5 4 site notices and a press notice posted on 12 July 2012.
2.4 15 nearest properties individually notified on 12 July 2012
2.5 Borough Councillor Kondakor objects to the proposed development for the following reasons:-
(1) The applicant has no idea of the scale of operation or much control over its use.
(2) The nearby air quality area will be harmed by additional traffic and HGVs produce most of the NOx which is the main problem in this area.
(3) The only access routes to this industrial estate are via residential roads that are unsuitable for HGV traffic to pass.
(4) It would seem unreasonable to give the land owner a blank cheque for anything type/scale of waste use and it is very difficult to 2nd guess what the impact would be without knowing what a tenant scrap merchant would handle each year.
(5) It seems the applicant has no waste management Licence or waste carrier permit. There seems to be some confusion in the email form the applicant that this change of use is a waste management Licence.
(6) Like most of the country we have many noisy scrap metal trucks going around the town and I am very concerned that one of these may be the possible tenant of the site.
2 of 9 3. Representations
3.1 11 letters of neighbour representation received raising the following concerns:-
(1) The proposal would result in an increase in vehicular traffic movements.
(2) Access to the site is through a residential area which is unacceptable because of highway safety matters and noise and disturbance.
(3) Non-residents park along Oaston Road and Trent Road to avoid car parking charges and these hamper access for emergency vehicles.
(4) Weekend working is proposed which would result in unacceptable noise and disturbance.
(5) An out of town location would be more acceptable.
(6) The adjacent factory building is already being damaged by the land, as the height of the land has been raised over time to a higher level than my damp proof course.
(7) The use of the site as a scrap yard could result in contamination of adjoining land.
(8) The proposed use could result in damage to adjacent buildings due to operation of heavy machinery and vibration.
(9) The dust and dirt created in the atmosphere by the scrap yard will be detrimental to the operation of adjacent uses.
(10) The proposal would result in a reduction of property value.
(11) The proposal will add to existing congestion problems in the area.
4. Previous Planning History
4.1 No relevant planning history.
5. Assessment and Observations
Location
5.1 The application site is located on an established industrial estate within Nuneaton. The site is accessed via Whitacre Road. Immediately surrounding the application site to east, south and west are existing industrial units, approximately 70 metres to the north are residential dwellings. The industrial estate is accessed through the residential areas of St Nicholas Road, Oaston Road and Trent Road. St Nicholas Road.
5.2 Planning permission is sought for the change of use of an existing unit from a B1 use to a vehicle scrap yard.
3 of 9 Amenity Issues
5.3 The application site is an existing unit within an established industrial estate; however the industrial estate is accessed through a residential area. The nearest residential property is located to the north approximately 70 metres from the application site.
Noise and vibration
5.4 Industrial operations have the potential to cause noise and disturbance to nearby noise sensitive receptors. Whilst the site is currently vacant the applicant indicates that the lawful use of the site is a B1 use.
5.5 The proposed change of use would allow the importation; storage and processing of scrap vehicles on site. The applicant state’s that the external yard would be used solely for the storage of scrap vehicles and any breaking of vehicle would be confined to inside of the existing buildings.
5.6 In addition to the potential for noise and disturbance from on-site operations there is potential for noise and disturbance of residential properties from vehicle traveling to and from the site. The site is accessed through a residential area and the proposed hours of operations are 9am – 5pm Monday to Friday, 9am to 3pm on Saturdays and 9am to 1pm on Sundays and Bank Holidays. Given the access to the site is through a residential area, should members be minded to grant planning permission it is recommended that a condition be imposed restricting the number of vehicular movements per day to a level no greater than the existing lawful use could generate and a further condition preventing public access and trading. In addition restricting the hours of operation of the site to Monday to Saturdays only would ensure that neighbours are guaranteed some respite on Sundays and Bank holidays. Concern has been raised regarding the potential for adjacent buildings to be damaged through vibration from plant and machinery. The adjacent buildings are industrial in nature, within an existing industrial estate. Also any heavy plant would be restricted to within the existing buildings which are 10 metres from the nearest building. It is therefore considered that the proposed change of use would not have a significant impact on adjacent sites through vibration.
5.7 The Environmental Health Officer at Nuneaton and Bedworth Borough Council has been consulted and has raised no objection. However, if Members are minded to grant planning permission it is recommended that conditions be imposed restricting the use of the external yard for storage of scrap vehicles only, no heavy plant to be used outside of the buildings and the requirement for a close boarded fence to be erected along the northern site boundary to reduce noise impacts.
5.8 It is considered that through the imposition of the conditions outlined above the noise generation from the proposed operation should neither be excessive nor intrusive to the nearest neighbours. Further the imposition of the said conditions allows the County Planning Authority further controls over the site which currently do not exist under the existing lawful use.
4 of 9 Air, Dust and Odour
5.9 The loading, unloading, sorting and storage of materials has the potential to generate dust and odours. However, given the nature of the proposed operation relating to scrap vehicles it is not considered that the proposal is likely to result in dust or odour pollution. Concern has been raised regarding air pollution, however the number of HGV vehicular movements would be restricted to a number comparable to the existing lawful use (see Highway Safety section of this report) and therefore it is not expected that there would be any greater impact upon air quality than the existing lawful use. The Environmental Health Officer at Nuneaton and Bedworth Borough Council has been consulted and has raised no objection.
Highway Safety
5.10 Vehicles entering and leaving Whitacre Road have to travel through the residential areas of St Nicholas Road, Oaston Road and Trent Road. St Nicholas Road is subject to one way traffic flow and is accessed from the A47 Old Hinckley Road/Leicester Road junction. There are history of collisions at both access and egress points to the site and there is also history of collisions with pedestrians and cyclists along these roads. Any increase in vehicular numbers beyond that which could be generated by the existing lawful use is therefore considered to be unacceptable.
5.11 To derive trip generations for proposed developments a computer package called TRICS (Trip Rate Information Computer System) is used. It is an industry standard database used by transport professionals that allows its users to establish potential levels of trip generation for a wide range of development and location scenarios, and is widely used as part of the planning application process by developers, consultants and local authorities.
5.12 A B1 Class Use could generate in the region of 70 vehicle movements per day (All vehicular types). It is also estimated that that 50,000 tonnes of vehicle recycling per year could generate 70 vehicle movements per day (35 vehicles in and 35 vehicles out). Having regard to this it is recommended that if members are minded to grant planning permission that an appropriately worded condition is attached allowing no more than 35 two way vehicle movements per day. Also in order to reduce vehicular movements it is recommended that a condition be imposed preventing the site to open to the public. Without such a restriction future operators would not be able to control the number of visitors to the site per day (maximum of 70 movements). Concern has been raised regarding non- residents parking along Oaston Road and Trent Road to avoid car parking charges and these hamper access for emergency vehicles. If cars a parked illegally or obstructing a public highway then this is a matter for the Police.
5.13 Having regard to the above it is considered that subject to the imposition of relevant conditions that the proposal would not increase vehicular activity beyond that which could be generated by the lawful use and therefore it is not considered that the proposed development would have a detrimental impact upon highway safety.
5 of 9 Other matters
5.14 Regarding the point raised concerning the impact of the proposed development on residential property values including damage; these are not a material planning considerations. There has also been a concern in relation to the land levels on site being raised over time which has affected adjacent properties damp proof course. This application does not proposed to raise existing levels on site and the existing levels appear to have been in place for a significant number of years and the Town and Country Planning (General Permitted Development) Order 1995, Part 8 Class C allows for the provision of a hard surface within the curtilage of an industrial building or warehouse to be used for the purpose of the undertaking concerned.
5.15 Concern has been raised regarding the potential for the proposed development to result in contamination of adjacent uses and that the applicant does not have a waste management Licence or waste carrier permit. There is no requirement to have permits in place to make a formal planning application. However the proposed operation would require a permit from the Environment Agency prior to the operation commencing. Also the Environment Agency has been consulted on the application and raised no objections. In addition concern has been regarding granting planning permission without knowing full details of the proposed operations or which tenant would operate from the site. It should be noted that a tenant can change at any time and their individual requirement may also differ. This application seeks planning permission for a new land use and through the imposition of appropriately worded conditions the use can be effectively controlled regardless of which tenant operates from the site.
Planning Policy
Nuneaton and Bedworth Local Plan
5.16 Policy Emp1 (Employment Allocations) states that Industrial and Employment development (falling within the Use Classes of B1, B2 and B8) for 1996-2011 will be accommodated primarily in a number of locations including Whitacre Industrial Estate, subject to nearby residential amenities not being adversely affected. This Policy does not preclude other comparable uses in the designate location. The application site is immediately surrounded by commercial uses and incorporates operations similar to those falling within Use Classes B1, B2 and B8.
5.17 Policy Emp14 (Protecting Employment Land) states: ‘Redevelopment or change of use of existing and committed employment land and buildings (B1, B2 and B8 uses) for other uses will only be permitted if:-
(1) It can be demonstrated that there is no longer a need and that alternative employment uses cannot be attracted over the plan period, or that they would be economically unviable, or
(2) The location or expansion of the existing employment use would have an unacceptable adverse impact upon neighbouring residential occupiers.
6 of 9 The proposed use combines elements of B1, B2 and B8 uses and provides comparable jobs and therefore achieves the planning objectives of Policy EMP14.
Waste Local Plan (1995) Saved Policies
5.18 Policy 1 – General Land Use - This policy seeks to promote Recycling/Reuse facilities that do not have a detrimental effect on its surroundings.
5.19 Policy 6 – Materials Recycling Facilities - This policy sets out the circumstances in which materials recycling facilities will be permitted will be permitted.
5.20 The Adopted Waste Local Plan for Warwickshire encourages recycling and seeks a reduction in the amount of waste taken to landfill sites. Policy 1 sets out the environmental considerations, including noise, dust, traffic and visual impacts, which should be taken into account when considering any waste applications. Proposals should make a positive contribution to the re-use and recycling of materials as well as satisfy the proximity principle.
5.21 Policy 6 of the Waste Local Plan relates specifically to material recycling facilities and states that such proposals will be permitted, as an integral part of new and established waste disposal facilities, on industrial estates and on other land that has been used for a commercial use where the proposed use would be compatible with adjacent land uses. In this case the application site is a vacant unit within an established industrial estate and is therefore considered to meet the principles outlined in Policy 6.
5.22 The proposed development would undoubtedly make a contribution towards the reuse and recycling of waste materials. The application site is located within an established industrial estate adjoined by other industrial/commercial uses. Whilst there are residential properties nearby and access to the site is via residential roads any striping off of vehicular parts would be carried out within the industrial building to the rear of the site and a condition is proposed which would limit the number of vehicular movements to that comparable to which could already be generated by the lawful B1 use of the site. It is therefore considered that the proposed development accords in principle with Policy 1 and Policy 6.
Waste Development Framework Core Strategy – Publication Document – March 2012.
5.23 The Core Strategy Publication Document sets out draft policies in respect of directing future waste development. Whilst this is not an adopted document, the draft policies reflect the national government planning policy of producing less waste, and to re-use it by recycling as a resource where possible.
5.24 Policy CS1 – Waste Management Capacity, states that sufficient waste management capacity will be provided to manage the equivalent of waste arisings in Warwickshire and as a minimum, achieve the County’s targets for recycling, composting, reuse and landfill diversion.
7 of 9 5.25 Policy CS2 – The Spatial Waste Planning Strategy for Warwickshire seeks waste management facilities to be well located in accordance with identified broad locations (The application site is situated a short distance to the east of Coventry which is one of the broad locations identified), where individual sites are well located to sources of waste, are well located to the strategic transport infrastructure and do not have significant adverse environmental impacts. Particular preference is shown to; sites operating under an existing waste management use, active mineral sites or landfills and previously developed land.
5.26 Policy DM2- Managing Health and Amenity Impacts of Waste Development, relates to environmental controls and states that waste management proposals will be permitted where it can be demonstrated that the development will have no significant adverse impacts on the local environment or communities through, amongst other things, noise, visual intrusion, odour, dust, emissions, traffic, etc. The policy goes on to state that planning permission will not be granted for waste management proposals where by reason of the collective impact of different proposals or by reason of a number of impacts for the same development, the proposal has an unacceptable cumulative impact.
5.27 Overall the relevant policies support the principle of recycling facilities subject to acceptable environmental and design impacts. The use of previous or existing industrial land and contaminated or derelict land is generally promoted. The application site falls within an existing vacant site allocated in the Nuneaton and Bedworth Local Plan for employment uses (Policy Emp1). Whist the proposed use would be a sui generis use it includes elements of a B1, B2 and B8 use. In addition the proposed use would generate up to 3 new jobs and therefore contribute towards the local economy and the overall principle of Policy Emp14 which seeks to protect employment land.
5.28 Therefore, the proposed development accords with the locational criteria set out within the Waste Local Plan for Warwickshire and the general policy principles outlined in Nuneaton and Bedworth Local Plan. Also the existing lawful use of the site has unrestricted hours of use but conditions will allow the hours to be restricted to ones which protect residential amenity.
6. Conclusions
6.1 The proposed operations would facilitate the recycling of metal and reuse a long standing vacant unit within an established industrial estate. It would, therefore, provide an additional recycling facility within the Borough supporting recycling rates and enabling waste to be diverted away from landfill.
5.3 In Conclusion it is recommended that Regulatory Committee grant planning permission subject to the imposition of appropriate conditions to mitigate the potential impact of the proposal upon residential amenity and highway safety.
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7. Background Papers
7.1 Submitted Planning Application – Planning Reference NBB/12CM026
7.2 Appendix A – Map of site and location.
7.3 Appendix B – Planning Conditions.
Name Contact Information Report Author Ciaran Power [email protected] 01926 41 2193 Head of Service Louise Wall [email protected] Strategic Director Monica Fogarty [email protected] Portfolio Holder Cllr Alan Cockburn [email protected]
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APPENDIX A OF AGENDA NO.
SP
79
44 Flood Relief Channel Relief Flood Shire Hall Manorial Earthworks Warwick CV34 4SA Telephone: 01926 410410 www.warwickshire.gov.uk
Warwickshire County Council 91
52 84.7m
Dismantled Railway 103
2 6
WAY MP.25
ST AGNES SL C Power 10 Nearest residential dwellings
Path Drawn By: 84.1m
6 El Sub Sta Application site
21 Whitacre Road NBB/12CM026
17 MP.5 11 September 2012 Ref No: Whitacre House
Ward Bdy
1:1537
WHITACRE ROAD
Whitacre Road Industrial Estate Road Industrial Whitacre Produced using Warwickshire Online Mapping Browser and Toolkit (WOMBAT) Corporate GIS. Change of use to Scrap Yard, Whitacre Road Industrial Estate Yard, Whitacre Road Industrial Change of use to Scrap Regulatory Committee: Scale: © Crown Copyright and database right 2012. Ordnance Survey 100019520. © Crown Copyright and database right 2012. Ordnance Survey
Allotment Gardens Dismantled Railway Dismantled Appendix B of Item 3
Regulatory Committee - 11 September 2012
Land Lying to the North East of Whitacre Road, Nuneaton - Change of Use from Class B1 to Vehicle Scrap Yard -
NBB/12CM026
1. The development hereby approved shall be commenced no later than three years from the date of this permission.
Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
2. The development hereby permitted shall be carried out in accordance with the details submitted with application Reference No. NBB/12CM026 and in accordance with the approved plans drawing number A0102 PL 100 submitted to the local planning authority on 5th July 2012 and any samples or details approved in accordance with the conditions attached to this permission, except to the extent that any modification is required or allowed by or pursuant to these conditions.
Reason: In order to define the exact details of the planning permission grantedand to secure a satisfactory standard of development in the locality.
3. Prior to the commencement of the use hereby permitted a scheme for the erection of a close boarded fence along the sites northern boundary shall be submitted to and agreed in writing by the County Planning Authority. The approved scheme shall be installed and thereafter maintained within one month of the site becoming operational.
Reason: To protect the amenity of local residents
4. The external yard area shall be used only for storage of scrap vehicles.
Reason: To protect the amenity of local residents
5. No dismantling, breaking and processing operations shall be carried out other than within the existing buildings within the site.
Reason: To protect the amenity of local residents
6. No heavy plant shall be used in the open.
Reason: To protect the amenity of local residents.
7. Except as may otherwise be agreed in writing by the County Planning Authority, none of the operations or uses authorised by this permission (including the
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maintenance of vehicles and plant) shall be carried out other than during the following times:-
0900 – 1700 hours Monday to Friday 0900 – 1500 hours on Saturdays
No such operations shall take place on Sundays, Bank and Public Holidays.
Reason: In the interests of the amenities of nearby residents.
8. No vehicles or materials shall be stored in the open which are excess of 2.5 metres in height above ground level.
Reason: In order to protect the amenity of the area.
9. The uses hereby permitted shall be limited to no more than 35 two way vehicle movements per day. This shall include all vehicle movements including those generated by Heavy Goods Vehicles, delivery vehicles, goods vehicles and employees.
Reason: In the interests of highway safety.
10. Retail customers shall not be permitted to visit the site whether to view, purchase or collect goods or for any other purpose.
Reason: In the interests of highway safety.
11. All loaded lorries entering and leaving the site shall be sheeted or netted as appropriate.
Reason: In order to protect the amenity of the area
12. The use hereby permitted shall be restricted to storage and processing of scrap vehicles only.
Reason: In order to define the exact details of the planning permission granted.
Development Plan Policies Relevant to the Decision
Policy Emp1 (Employment Allocations) states that Industrial and Employment development (falling within the Use Classes of B1, B2 and B8) for 1996-2011 will be accommodated primarily in a number of locations including Whitacre Industrial Estate, subject to nearby residential amenities not being adversely affected.
Policy Emp14 (Protecting Employment Land) states: ‘Redevelopment or change of use of existing and committed employment land and buildings (B1, B2 and B8 uses) for other uses will only be permitted if:-
(1) It can be demonstrated that there is no longer a need and that alternative employment uses cannot be attracted over the plan period, or that they would be economically unviable, or
(2) The location or expansion of the existing employment use would have an unacceptable adverse impact upon neighbouring residential occupiers.
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Waste Local Plan (1995) Saved Policies
Policy 1 – General Land Use - This policy seeks to promote Recycling/Reuse facilities that do not have a detrimental effect on its surroundings.
Policy 6 – Materials Recycling Facilities - This policy sets out the circumstances in which materials recycling facilities will be permitted will be permitted.
Waste Development Framework Core Strategy – Publication Document – March 2012.
Policy CS1 – Waste Management Capacity, states that sufficient waste management capacity will be provided to manage the equivalent of waste arisings in Warwickshire and as a minimum, achieve the County’s targets for recycling, composting, reuse and landfill diversion.
Policy CS2 – The Spatial Waste Planning Strategy for Warwickshire seeks waste management facilities to be well located in accordance with identified broad locations (The application site is situated a short distance to the east of Coventry which is one of the broad locations identified), where individual sites are well located to sources of waste, are well located to the strategic transport infrastructure and do not have significant adverse environmental impacts. Particular preference is shown to; sites operating under an existing waste management use, active mineral sites or landfills and previously developed land.
Policy DM2- Managing Health and Amenity Impacts of Waste Development, relates to environmental controls and states that waste management proposals will be permitted where it can be demonstrated that the development will have no significant adverse impacts on the local environment or communities through, amongst other things, noise, visual intrusion, odour, dust, emissions, traffic, etc. The policy goes on to state that planning permission will not be granted for waste management proposals where by reason of the collective impact of different proposals or by reason of a number of impacts for the same development, the proposal has an unacceptable cumulative impact.
Reasons for the Grant of Planning Permission The proposed operations would facilitate the recycling of metal and reuse a long standing vacant unit within an established industrial estate. It would, also provide an additional recycling facility within the Borough supporting recycling rates and enabling waste to be diverted away from landfill. In addition the impacts of the proposed change of use would not be unacceptable subject to the imposition of conditions and would allow additional controls to be imposed on the site in the interests of residential amenity and highway safety.
Notes to Applicant The applicant will need to contact the Environment Agency’s Environment Waste Team, Tel. 0121 7115814 to discuss requirements for an environmental permit for the vehicle scrap yard.
For more information they can log on to www.environment-agency.gov.uk.
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