Report to Strategic Sites Planning Committee
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Buckinghamshire Council www.buckinghamshire.gov.uk Report to Strategic Sites Planning Committee Application Number: PL/19/2260/OA Proposal: Outline Application, accompanied by an Environmental Statement, for the erection of a Motorway Service Area with all matters reserved with the exception of access from the M25, comprising a facilities building, fuel filling station, electric vehicle charging, up to 100 bedroom hotel, service yard, parking facilities, vehicle circulation, landscaping, woodland and amenity spaces, Sustainable Drainage Systems (SuDS)/attenuation, pedestrian and cycle links, retaining structures and associated mitigation, infrastructure and earthworks/enabling works. Site Location: Land Between Junctions 16 and 17 of the M25, Near Chalfont St Peter, Buckinghamshire Applicant: Extra MSA Group Case Officer: Gary Murphy Ward(s) affected: Chalfont St Peter Parish-Town Council: Chalfont St Peter Parish Council Date valid application received: 12 July 2019 Statutory determination date: 30 September 2020 Recommendation: Had Buckinghamshire Council as LPA still been the decision maker, the recommendation would have been that Members resolve to grant planning permission for the proposed development subject to: referral to the Secretary of State to consider whether to call-in the planning application on Green Belt grounds; and, the recommended planning conditions and the completion of an agreement under s106 of the Town and Country Planning Act (as amended) in relation to the Planning Obligations, broadly in accordance with the details set out in the main body of the report. Summary & Recommendation had Buckinghamshire Council been the decision maker / Reason for Planning Committee Consideration The Planning Application 1.1 Outline planning permission is sought for the construction of a Motorway Service Area (‘MSA’) with all matters reserved with the exception of access from the M25. The MSA is proposed on part of the land known as ‘Warren Farm’ in Chalfont St. Peter. 1.2 The development comprises a facilities building, fuel filling station, electric vehicle charging, up to 100 bedroom hotel, service yard, parking facilities, vehicle circulation, landscaping, woodland and amenity spaces, Sustainable Drainage Systems (SuDS)/attenuation, pedestrian and cycle links, retaining structures and associated mitigation, infrastructure and earthworks/enabling works. In addition, the applicant has put forward an area of land referred to as ‘Community Lands’ which is proposed to be an area outside of the application site that will be subject to landscape enhancements and opportunities for improved recreation and leisure activity. Councillor Call-in 1.3 Former Councillor Gladwin had called-in the application should it be recommended for approval. Non-determination Appeal 1.4 This application was submitted to the former Chiltern District Council. During the course of it’s consideration it has been the subject of amendments, clarifications, further information and discussions with stakeholders. In March 2021, the applicant decided to appeal the application on the grounds of non-determination. Therefore, the LPA is no longer the decision maker but is required to consider the application as if it had still retained this right. The application is brought before Members in order to inform the appeal proceedings. The Public Inquiry is scheduled to open in August 2021, with the evidence the LPA intends to rely on being available in the latter half of July 2021. Planning Issues Green Belt harm 1.5 The proposed MSA development would constitute inappropriate development in the Green Belt and will result in spatial and visual harm to the openness of the Green Belt. In addition, the proposals will lead to a conflict with three out of the five purposes of including land in the Green Belt. The proposal would not accord with policy GB2 of the Local Plan. The harm to the Green Belt is substantial and this impact is afforded substantial weight. 1.6 As a result, it is necessary to establish whether there are any ‘Very Special Circumstances’ (‘VSC’). The National Planning Policy Framework (‘NPPF’) states at paragraph 144 that VSC will not exist unless of the potential harm to the Green Belt by reason of inappropriateness, and any ‘other harm’ resulting from the proposal, is clearly outweighed by other considerations. The assessment of ‘other harm’ is considered further below. Other harm 1.7 Special regard has been given to the desirability of preserving the setting of nearby listed buildings and the conclusion is that the proposal would result in ‘less than substantial harm’ at the lower end of the scale to the significance of the setting of these listed buildings, to which great weight is given under paragraph 193 of the NPPF. This has been weighed against the public benefits of the scheme and it is concluded that these would outweigh the harm caused to the setting of the nearby designated heritage assets as a result of the proposal. 1.8 In addition to the heritage harm, there would be harm to the character of the landscape and visual impacts; with mitigation there would be a significant negative impact, which attracts significant weight. Regard has been paid to the Colne Valley Regional Park in this assessment. The development would result in loss of BMV agricultural land which would be afforded limited to moderate negative weight. 1.9 There would be harm arising from the loss of the veteran tree, however this would be mitigated by the compensatory tree planting and biodiversity net gain, so as to attract neutral weight. As set out in this report there are public benefits that outweigh the harm resulting from the loss of the tree and as such this complies with paragraph 175 of NPPF. Benefits 1.10 The need for an MSA in this location would address a 44-mile gap in provision along the M25 motorway, between Cobham and South Mimms. This proposal will deliver significant benefits in terms of safety and welfare of drivers (and passengers) travelling through this section of the M25. The proposed MSA in this location would accord with MSA spacing requirements, as set out in Government Circular 02/2013. It is considered that very significant weight should be attached to addressing this need. Alternative land and sites for MSA provision have been considered as a material consideration. It is acknowledged that each location will cater for different levels of traffic flow passed the site and will meet the spatial distances between MSAs differently, to address the need. The Warren Farm site is considered to be deliverable from a highway perspective and taking all other factors into account, it is considered that the proposal will have more certainty over the delivery to meet the need. 1.11 The proposed development would create economic benefits through the creation of jobs and investment during- and post- construction phases, with a Local Employment Strategy to maximise the opportunities locally which is afforded significant weight. A net gain in biodiversity is demonstrated to be achievable, and this attracts moderate weight in the planning balance. 1.12 The opportunity for the Community Land (c.42 hectares) to come forward as an enhanced landscape with formal public access and improvements to the Public Right of Way network will also improve accessibility to the countryside for a range of users and will help to develop improved accessibility to the wider Colne Valley Regional Park. In combination, these benefits are afforded limited weight. 1.13 The advice of Highways England is that the proposals do not raise a ‘severe’ impact on the Strategic Road Network - having regard to paragraph 109 of the NPPF which states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. Regard is also had to the advice of Buckinghamshire Highway Authority which is responsible for the local road network, it also raises no severe impacts. Overall neutral weight can be attributed to the highway safety and impact matters in the planning balance, with some positive benefits resulting from the provision of HGV parking which is afforded limited positive weight. Other matters 1.14 The proposal complies with other development plan policies and objectives of the NPPF on the main issues in so far as they relate to trees and hedgerows, parking and access, public rights of way (except as identified in this report), meeting the challenge of climate change and flooding, and conserving and enhancing the natural environment (with the exception of biodiversity net gain and landscape), archaeology, well-designed places, crime prevention and safe communities contamination, air quality, energy, lighting, aviation, minerals and residential amenities. These matters do not represent benefits to the wider area but demonstrate an absence of harm to which neutral weight is attributed 1.15 A wide range of Planning Obligations have been agreed as part of a draft s106 agreement, these will deliver economic, social and environmental benefits, as well as mitigation and compensation to meet policy requirements. The draft s106 agreement should be secured in the event of planning permission being granted following the appeal. The development is liable to pay a Community Infrastructure Levy (‘CIL’). Planning Balance 1.16 The Green Belt balance has set out all of the harms on one side and all of the benefits and other material considerations on the other side