Bromsgrove District Council Meeting of the Planning

BROMSGROVE DISTRICT COUNCIL

MEETING OF THE PLANNING COMMITTEE

MONDAY 22ND JULY 2013, AT 6.00 P.M.

THE COUNCIL HOUSE, BURCOT LANE, BROMSGROVE

SUPPLEMENTARY DOCUMENTATION

The attached Planning Application Update Reports relate to the Agenda previously distributed relating to the above mentioned meeting.

3. Updates to planning applications to be considered at the meeting (Pages 1 - 8)

K. DICKS Chief Executive The Council House Burcot Lane BROMSGROVE Worcestershire B60 1AA

19th July 2013

- 1 - This page is intentionally left blank Agenda Item 3

Bromsgrove District Council Planning Committee

Committee Updates 22 July 2013

12/0709/DK Members should note that the planning application at Norton Farm Bromsgrove Land at was deferred from the planning committee meeting of 10th June 2013 because Norton Farm further clarification was required on wider transport issues before a decision could be made on the application.

Members were provided with a detailed update at that meeting comprising supplementary and background information in relation to the Bromsgrove Transport Infrastructure Development Plan (the “BTIDP”); Members should note that WCC as Highway Authority were objecting to the application in relation to the issue of the IDP and the Highways contributions sought.

Following detailed discussions, the Applicant submitted the following information:

“This note provides a response to Bromsgrove District Council following the deferral of Gallagher Estates’ Planning Application at the Planning Committee on 10th June 2013. The Planning Committee requested that further investigations were made by the Applicant in order to address concerns regarding the potential traffic impact on the local highway network, notwithstanding the comments from Worcestershire County Council that the impact would be acceptable, subject to a number of mitigation measures involving highway improvements, sustainable transport measures and the implementation of a Residential Travel Plan.

For information, the package of mitigation measures agreed with WCC Highway Authority is as follows:

4 gold standard bus shelters split between the Birmingham Road and Stourbridge Road stops - £40,000 ; Improvement to existing Toucan crossing at southern end of Birmingham Road - £25,000 ; Contribution towards MOVA at the Birmingham Road/The Strand/Stourbridge Road/Market Street junction - £26,000 ; Improvements to public right of way linking site with Stourbridge Road and Improvements to cycle links between the site and local routes on Upland Grove and Barnsley Hall - £40,000

In addition, it has been agreed that a scheme to improve the A38/Birmingham Road junction would also be implemented by way of a Section 278 Agreement, together with the implementation of a Residential Travel Plan.

In order to consider additional mitigation measures to address the District Council’s concerns, an assessment has been made by the Applicant’s Transport Consultants on the proportionate impact of the development on the local Page 1 highway network to firstly identify the main junctions on which the development will impact, and secondly to identify the proportionate impact based on cumulative developments that are likely to come forward during the Plan period. In order to undertake this assessment, we have used the Bromsgrove Development Model (BDM) agreed with WCC Highway Authority and the list of identified Highway and Sustainable Transport schemes identified within the emerging Draft Bromsgrove Transport IDP (BTIDP).

Proposed Highway Schemes The Draft BTIDP identifies 19 junction improvement schemes across the District that will require improvements to accommodate all development expected to come forward during the Plan period. In order to comply with the CIL Regulations in respect of Section 106 Agreements, the schemes to which we are to potentially contribute towards must be directly related to the development. As such, we have used the DfT’s Guidance for Transport Assessments (2007) which is the industry accepted method of determining when a Transport Assessment is required to assess junction impacts and if necessary, mitigation. The threshold used by this guidance is 30 two-way trips in a peak. If a development results in less than 30 two-way trips, an assessment is not required.

In assessing the impact of Norton Farm on the 19 schemes identified within the Draft BTIDP, only three junctions exceed the 30 trip threshold, with the remainder experiencing no more than 5 trips each in the peak hour. The junctions exceeding the 30 trip threshold are:

Junction 9 – M42 Junction 1 / A38 – 106 trips Junction 13 – A448 (The Strand and Market Street)/Stourbridge Road/Birmingham Road – 79 trips Junction 19 – A38 / Birmingham Road – 114 trips

On the basis of proportionate impact of Norton Farm as a percentage of the overall cumulative impact using the BDM, we have used the estimated cost for each scheme within the Draft BTIDP to identify the proportionate cost for the Norton Farm development. These are as follows:

Junction 9 – 29.1% = £332,237.57 Junction 13 – 22.7% = £13,612.72 Junction 19 – 52.2% = £31,310.34

However, Junction 13 should be excluded on the basis we have already agreed to contribute £26,000 towards MOVA at this junction by way of the S106, as detailed above. Furthermore, it should be noted that we are also proposing to fully implement the Junction 19 improvement scheme by way of a S278 Agreement. However, the Applicant is willing to contribute the full estimated costs of this junction improvement at £60,000 instead of via the S278 route. As such, the total Highway Scheme contribution the Applicant is willing to contribute by way of a S106 Agreement is £392,237.57.

Sustainable Transport Schemes Due to the lack of information, we have used the approach adopted by WCC Highway Authority regarding the requested IDP contribution for Norton Farm of 1.96% as a proportion of thePage total IDP2 cost for all schemes, and applied this to the Bromsgrove Sustainable Transport Schemes within the Draft BTIDP. The total cost of all schemes is £8,866,800 but we are aware that £2m has already been secured for the public realm improvements in Bromsgrove High Street and the approved Sainsburys scheme has contributed £150,000 towards such measures by S106. These have therefore been discounted. This leaves an overall cost of £6,716,800 of which a 1.96% contribution would be £131,579.38. In addition, we have also agreed to contribute £25,000 towards a Toucan Crossing in the S106 package detailed above, so this has also been discounted to avoid double counting. As such, the Applicant is willing to make a contribution of £106,579.38 towards Sustainable Transport Schemes.

Public Transport Schemes Applying the same 1.96% to the list of Public Transport Schemes identified in the Draft BTIDP, at a total cost of £7,200,000, equals £141,045.07. Again, in addition we have committed to £40,000 towards new bus stops in the S106 Package as detailed above, so discounting this results in a contribution of £101,045.07 for which the Applicant is willing to make a contribution towards Public Transport Schemes.

Conclusion In total, the Applicant is therefore willing to make a financial contribution of £599,862.02 towards various Highway, Sustainable Transport and Public Transport measures. Specifically, this will include a significant contribution towards Highway improvements towards the M42 Junction 1 / A38 and A38 / Birmingham Road junctions identified by WCC Highway Authority, identified by the Planning Committee as their principal concern. It will also provide additional sustainable transport measures to mitigate the traffic generation from the site, which will also be implemented alongside a Residential Travel Plan to ensure effective modal shift.

This contribution is over and above the various measures already agreed as part of the S106 package other than where there is the potential for double counting. We consider the contribution can be considered to be compliant with the CIL Regulations in that all of the schemes to which we are proposing to contribute towards are directly attributable (in part or whole) to the development, are proportionate in that that are fairly and reasonably related in scale and kind to the development, and are otherwise necessary to make the development acceptable in planning terms.”

Worcestershire County Council has responded to the Applicant’s letter and a final formal response was received from the County Council on 17 th July 2013 as follows:

HC40 A - MODIFIED Highway improvements / offsite works

Prior to the commencement of the development hereby permitted engineering details of the right turning lane serving access to the site, the signals improvement scheme and the ancillary works indicatively indicated on drawing PJF018-009 in the transport assessment shall be submitted and approved in writing by the Local Planning Authority, and the development shall not be occupied until the scheme has been constructed in accordance with the approved details. Page 3 HC40 B - MODIFIED Highway improvements / offsite works

Prior to the commencement of the development hereby permitted engineering details of the lane merging proposal on the A38 north of Birmingham Road shall be submitted and approved in writing by the Local Planning Authority, and the development shall not be occupied until the scheme has been constructed in accordance with the approved details.

HC44 (Wheel Washing) HC51 (Parking for Site Operatives) HC53 (Travel Plan Condition) HC53 (Welcome Pack Condition)

The applicant through the use of above condition HC53 provide a welcome pack to promote sustainable transport, this can only done just before the first occupation, however it is expected that the welcome pack should include incentives to promote sustainable travel. The applicant is advised to ensure that when they come to discharge this condition that they have worked with local businesses and transport providers to provide vouchers and discounts which encourage sustainable access.

In addition to address the additional traffic movements, promote sustainable access and address the accessibility short falls a section 106 contribution is sought for the following:

• £40,000 to provide 4 x Gold standard bus shelters. 2 on Stourbridge Road and 2 on Birmingham Road

• £26,000 contribution towards the introduction of MOVA at the Strand traffic signals

• £25,000 to improve pedestrian crossing facilities at the Toucan Crossing improvements near Travis Perkins on the Birmingham Road to the south of the site

• £40,000 to undertake improvement to the Public Right of Way know as FP152 at rear of the site improving pedestrian access to the Stourbridge Road.

• To provide a cycle connection linking the national cycle network from Upland Grove across the Public Open Space to Barnsley Hall site and through the application site. This is an obligation rather than a financial contribution.

• £109,274 contribution towards sustainable transport schemes within the vicinity of the proposed development site

• £173,994 contribution towards improvements to Bromsgrove bus services

• £537,523 contribution towards highway schemes within the vicinity of the site where the proposed development will have an impact (some junctions more than others).Page 4 Junction to include any or all of the following M42 Junction 1/A38 A38 Stoke Road A38 (Worcester Road/Redditch Road) /B4094 (Worcester Road) A38 (Redditch Road)/Hanbury Road A38 (Redditch Road/Austin Road/Buntsford Park Road A38 (Bromsgrove Highway) / A38 A38 (Redditch Road/Buntsford Drive) A448 Kidderminster Road/Whitford Road/Perryfields Road B4184 New Road/Finstall Road B4091 Rock Hill/Fox Lane A448 Kidderminster Road/St John Street/B4091 Hannover Street A448 Market Street/B4184 Market Place A38/B4148 New Road

The Recommendation before Members is thereby altered to reflect the final comments of Worcestershire County Council:

RECOMMENDATION:

(a) MINDED to APPROVE OUTLINE PLANNING PERMISSION

(b) that DELEGATED POWERS be granted to the Head of Planning and Regeneration to determine the planning application following to the receipt of a suitable and satisfactory legal mechanism in relation to:

(i) The provision of 40% affordable housing (amounting to 126 dwellings) on site (ii) A contribution towards the provision of enhanced education facilities at Meadows First School and Parkside Middle School. The rate of the contribution would be £3035 per 2/3 bedroom units and £4553 per 4 bedroom unit

(iii) A contribution of £40,000 to provide 4 x Gold standard bus shelters. 2 on Stourbridge Road and 2 on Birmingham Road

• £26,000 contribution towards the introduction of MOVA at the Strand traffic signals

• £25,000 to improve pedestrian crossing facilities at the Toucan Crossing improvements near Travis Perkins on the Birmingham Road to the south of the site

• £40,000 to undertake improvement to the Public Right of Way know as FP152 at rear of the site improving pedestrian access to the Stourbridge Road.

• £109,274 contribution towards sustainable transport schemes within the vicinity of the proposedPage development 5 site • £173,994 contribution towards improvements to Bromsgrove bus services

• £537,523 contribution towards highway schemes within the vicinity of the site where the proposed development will have an impact (some junctions more than others). Junction to include any or all of the following:

M42 Junction 1/A38 A38 Stoke Road A38 (Worcester Road/Redditch Road) /B4094 (Worcester Road) A38 (Redditch Road)/Hanbury Road A38 (Redditch Road/Austin Road/Buntsford Park Road A38 (Bromsgrove Highway) / A38 A38 (Redditch Road/Buntsford Drive) A448 Kidderminster Road/Whitford Road/Perryfields Road B4184 New Road/Finstall Road B4091 Rock Hill/Fox Lane A448 Kidderminster Road/St John Street/B4091 Hannover Street A448 Market Street/B4184 Market Place A38/B4148 New Road

(iv) The provision and maintenance in perpetuity of the proposed on site public open space and Local Equipped Area of Play

(v) The provision of and maintenance in perpetuity of the SuDs facilities proposed on the site (including the swales and balancing ponds)

(vi) A contribution of £10,000 towards the enhancement of the disabled toilets and kitchen at All Saints Church Hall

(viii) A contribution of £10,000 towards Air Quality mitigation measures

13/0026/DK Following negotiations with the applicant and Worcestershire County Council Land at (Education), the applicant has agreed to provide a financial contribution towards E402590 the enhancement of facilities at Crown Meadow First School. N273285 Birmingham Further representation received from WCC (Highways) 02.07.2013 as follows: Rd. Alvechurch In addition to the conditions and informatives outlined on page 101 of the Report, the County have also requested a financial contribution of £75,282 to mitigate for the additional demands on the wider transport network that the development will generate. The obligation is required to deliver the growth proposed within the draft Bromsgrove Local Plan and draft Borough of Redditch Local Plan, it will be necessary to maintain a transport network that is capable of minimising adverse impacts upon the economy and environment. Worcestershire County Councils objectives stated within the Local Transport Plan seek to deal with issues of accessibility, traffic congestion, journey times, journey time reliability and transport related costs imposed upon businesses and other network users. If these issues are not addressed, then they could adversely impact on the performance of the economy and the local environment, in terms of air quality, health and the ability to improve the quality of life.

The impact of this development is considered to have a residual impact on the highway network and withPage out 6 mitigation the cumulative impact with other development assumptions in the emerging core strategy will be severe, this is confirmed in the modelling work undertaken in the preparation of the transport assessment, therefore such a contribution is considered to be appropriate.

Response:

It is not considered reasonable to withhold planning permission for this reason and your Officers consider it appropriate to word the resolution as outlined below, the objective of which is to secure wider highway funding for inclusion in the Legal Agreement attached to this application.

RECOMMENDATION :

(a) MINDED to APPROVE OUTLINE PLANNING PERMISSION

(b) That DELEGATED POWERS be granted to the Head of Planning and Regeneration to determine the outline planning application following the receipt of a suitable and satisfactory legal mechanism in relation to financial contributions and management arrangements for:

(i) The provision of 40% affordable housing (amounting to 10 dwellings) on site

(ii) The provision of a financial contribution of £65,100 towards the enhancement of local public open space

(iii) A financial contribution of £24,224 towards the provision of enhanced education facilities at Crown Meadow First School.

(iv) A contribution towards wider highway issues, the detail of which to be agreed between the applicant and WCC subject to the Council’s approval.

13/0157/DK Further representation received from WCC (Highways) 02.07.2013 as follows: 118 Kidderminster In addition to the conditions and informatives outlined on page 123 of the report, Rd, the following additional request is also made: Bromsgrove £21078.96 to mitigate for the additional demands on the wider transport network that the development will generate.

The obligation is required to deliver the growth proposed within the draft Bromsgrove Local Plan and draft Borough of Redditch Local Plan, it will be necessary to maintain a transport network that is capable of minimising adverse impacts upon the economy and environment. Worcestershire County Councils objectives stated within the Local Transport Plan seek to deal with issues of accessibility, traffic congestion, journey times, journey time reliability and transport related costs imposed upon businesses and other network users. If these issues are not addressed, then they could adversely impact on the performance of the economy and the local environment, in terms of air quality, health and the ability to improve the quality of life.

Page 7 The impact of this development is considered to have a residual impact on the highway network and with out mitigation the cumulative impact with other development assumptions in the emerging core strategy will be severe, this is confirmed in the modelling work undertaken in the preparation of the transport assessment, therefore such a contribution is considered to be appropriate.

Members are advised that the Bromsgrove Transport Infrastructure Development Plan (BTIDP) is currently at an emerging stage and the applicant has been informed of it at a late stage in the process.

Response:

RECOMMENDATION:

(a) MINDED to APPROVE OUTLINE PLANNING PERMISSION

(i) A contribution of £31,870 towards the improvement of Sidemoor First School, Parkside Middle School and North Bromsgrove High School

(ii) The management and maintenance of the on the on site public open space in perpetuity

(iii) A financial contribution towards wider highway issues, the detail of which to be agreed between the applicant and WCC subject to the Council’s approval.

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