EDC/17/0123 Site Address: Northfleet Embankment East, Crete Hall Road

Agenda Item: 006

Reference: EDC/17/0123

Site Address: Northfleet Embankment East, Crete Hall Road, Northfleet.

Proposal: Application for the variation of conditions 4, 5 and 19 attached to outline planning permission reference EDC/17/0022, for development of brownfield land to provide up to 21,500 sqm (231,000 sqft) of employment floorspace, comprising use classes B1, B2, B8 and A3, A4, A5 and associated site vehicular access, to amend the Building Heights Parameter Plan to allow the maximum height of buildings on part of the northern parcel to increase from 12 metres to 13.5 metres and to relocate the proposed pedestrian central refuge island crossing on Crete Hall Road.

Applicant: Berkeley Modular Ltd

Ward: Northfleet North

SUMMARY: This application seeks amendments to the original outline planning permission to meet the requirements of a developer who has acquired part of the site (the Northern Parcel) and are seeking to develop it for a modular house building factory. The changes relate to a modest increase to the upper building height parameter to facilitate operational requirements and relocation of an approved pedestrian crossing island to better align it with the detailed layout.

The proposed changes are considered to be acceptable in planning terms as they would not introduce any adverse impacts beyond those assessed and mitigated through the original outline permission. In particular the increase to the maximum building height from 12 metres to 13.5 metres should not materially alter the extent of visibility of the proposed development subject to appropriate design at the detailed stage. This has been verified by independent review of the EIA addendum submitted with the application, which satisfactorily concluded that the proposed changes do not introduce any new or different significant environmental effects over and above the original outline permission.

In procedural terms, the s.73 process for varying the original outline consent is considered to be appropriate as the changes proposed would not result in development that is fundamentally inconsistent with the one originally approved.

RECOMMENDATION: Approve the proposed variations to the outline planning permission, subject to:

(i) planning conditions (that comprise re-imposition of the original planning conditions incorporating amendments to time scales and drawing number as required to reflect the changes); and

(ii) the applicant entering into a Deed of Variation to amend the original s.106 Agreement to bind those obligations to this varied outline planning permission.

Time Limits and Approved Plans

1. No development of any phase of the development hereby approved shall take place until details of the layout, scale, appearance and landscaping (hereinafter referred to as the 'Reserved Matters') of that phase have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details.

Reason - To accord with the terms of the outline planning application and section 92(2) of the Town and Country Planning Act 1990, as amended by Section 51(2) of the Planning and Compulsory Purchase Act 2004.

2. Application(s) for approval of all Reserved Matters for the first phase of development hereby approved must be made to the Local Planning Authority by 27 September 2019. Applications for approval of the Reserved Matters for all remaining phases of development must be made to the Local Planning Authority by 27 September 2020.

Reason - In accordance with section 92(2) of the Town and Country Planning Act 1990, as amended by Section 51(2) of the Planning and Compulsory Purchase Act 2004. In order to align with the timescales defined by the original outline planning permission.

3. The development to which this permission relates must be begun not later than 27 September 2020.

Reason - To comply with the provisions of section 92(2) of the Town and Country Planning Act 1990 and in order to align with the timescale defined by the original outline permission.

4. The development hereby approved shall be carried out in accordance with the following approved plans:

 Drawing No. 17045-P111-P0 – Site Location Plan  Drawing No. A090129-73 - 001 - Northern Site Access Visibility Splays  Drawing No. A090129-73 - 002 - Proposed Northern Site Access Arrangements  Drawing No. A090129-73 - 003 - Southern Site Access Visibility Splays  Drawing No. A090129-73 - 004 - Proposed Southern Site Access Arrangement  Drawing No. A090129-73 - 005 - Proposed Crete Hall Road/Rosherville Way Junction Road Marking Arrangement Vehicle Swept Path Analysis  Drawing No. A090129-73 - 006 - Crete Hall Road/Rosherville Way Existing and Proposed Arrangements  Drawing No. 70034565-SK-13-A Rev.B – Proposed Pedestrian Crossing Island Location and Swept Path Analysis

Reason - For the avoidance of doubt and in the interests of proper planning.

5. All applications for Reserved Matters shall be in accordance with the following approved Parameter Plans:

 Drawing No. A090129-73_101 Rev.C - Access and Movement Parameter Plan  Drawing No. A090129-73_102 Rev.C - Land Use Parameter Plan

 Drawing No. 17045-P109-P0 – Building Height Parameters Plan

All applications shall also accord substantially with the overall site layout shown on the Illustrative Masterplan (Drawing No. A090129-73_110) and composition of land uses shown on the Indicative Site Layout Plans for the Northern Parcel (Drawing No. A090129-73_004 Rev.J) and Southern Parcel (Drawing No. A090129-73_005 Rev.H) and the accompanying Development Schedules, unless otherwise agreed in writing by the Local Planning Authority through approval of an alternative Illustrative Masterplan and composition of land uses as part of any Reserved Matters applications that proposes deviation.

Reason - The environmental impacts of the development have been assessed in relation to the parameters of the development shown in the submitted drawings and in order to ensure the development proceeds on the basis of the assessed parameters and in accordance with adopted policies of the Gravesham Local Plan Core Strategy.

Informative - Where deviation from the indicative site layout and composition of land uses is proposed it would be necessary for the applicant to demonstrate that the key design principles and employment density calculations set out in the original outline planning application can still be achieved.

6. Subject to the approval of all applications for detailed Reserved Matters pursuant to condition 1, the development shall accord with the following floorspace requirements:

(i) A maximum of 518 sqm (GEA) combined floorspace for Use Classes A3, A4 and A5; (ii) A minimum 2,565 sqm (NIA) floorspace for Use Class B1(a); and (iii) A maximum of 6,350 sqm (GEA) floorspace for Use Class B8.

N.B. Use Classes as referenced in the Town and Country Planning (Use Classes) Order 1987 (as amended).

Reason - In order to avoid adverse retail impact on existing centres and to assist in achieving the policy expectation for employment density on the Northfleet Embankment East Key Site, in accordance with adopted Local Plan Core Strategy Policies CS03, CS07 and CS08.

Additional Details Required to Accompany Reserved Matters Submissions

7. Applications for approval of Reserved Matters to be submitted pursuant to condition 1 shall, where applicable, include the following:

(a) A supporting statement to demonstrate how the key objectives and principles set out and described in the Design and Access Strategy, including the Landscape Strategy, have been incorporated; (b) A supporting statement to set out the proposed employment density calculations for the proposed phase of development and to demonstrate how the site-wide employment density requirements have been incorporated and can be achieved via a revised land use schedule; (c) A sustainability statement indicating how the detailed design/construction/materials will achieve a BREEAM "excellent" rating for water use efficiency and collection and providing details of low carbon and renewable energy generation measures including through improved fabric energy efficiency of the building(s);

(d) Details of how the building design, site layout and landscaping has been informed by the requirement to mitigate the impact of development on surrounding noise sensitive receptors and to mitigate the impacts of surrounding industrial and traffic sources of noise on the proposed development; (e) Details of flood risk mitigation and management measures incorporated through the design and layout of the development, including the use of flood resilient building materials and provision of a dry escape route where necessary; (f) Details of ecological enhancement measures to be incorporated into the development, including a timetable for implementation, persons responsible for implementing the works, aftercare and long term maintenance.

Reason - To ensure an acceptable standard of development that is sustainable and will make a positive contribution to the character of the area, deliver the policy expectation for employment density on the Northfleet Embankment East Key Site, safeguard the environment and enhance local biodiversity, in accordance with adopted Gravesham Local Plan Core Strategy Policies CS03, CS07, CS12, CS18 and CS19.

Pre-Commencement

8. No development shall take place until a comprehensive Construction Environmental Management Plan (CEMP) covering all environmental impacts from the clearance and construction phases of this development is submitted to and approved in writing by the Local Planning Authority. The CEMP shall include details of the following, including any other measures deemed reasonably necessary:

(a) Measures contained in the Construction Management Plan (Noise) included in Appendix C of the Noise Assessment dated March 2017; (b) A Dust Management Plan incorporating measures identified in Section 7 of the Air Quality Assessment dated February 2017; (c) Type and location of wheel washing facilities; (d) A Construction Traffic Management Plan covering routes, procedures and hours of operation for construction traffic; (e) A Construction Drainage Design Plan to identify the required devices to prevent construction run off from flowing into the already constructed drainage; (f) Ecological mitigation incorporating measures contained within paragraph 11.4.2 of the accompanying Environmental Statement; (g) Measures to be undertaken to protect the public sewers and water apparatus; (h) Details of vibration monitoring and mitigation during piling works; (i) Details of the location, form and visual appearance of any site hoardings along road frontages and public footpath NU5; (j) Details of temporary construction lighting, incorporating measures contained within paragraph 11.6.1 of the accompanying Environmental Statement; (k) Details of any temporary diversion of public footpath NU5; (l) Measures to maximise sustainable import/export of goods and materials during construction, including use of the River Thames if feasible; and (m) Monitoring and review provisions with the Local Planning Authority.

The construction of the development shall adhere at all times and be carried out in full accordance with the relevant approved document or any subsequent variations that may be approved in writing by the Local Planning Authority.

Reason - To ensure the free flow of traffic on the highway and to minimise the impact on residential amenity, to protect the amenity of local residents and businesses and

protected species and to mitigate the risks to groundwater, in accordance with adopted Gravesham Local Plan Core Strategy Policy CS12.

9. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of:

(i) Archaeological field evaluation works in accordance with a specification and written timetable which has been submitted to and approved by the Local Planning Authority; and (ii) Following on from the evaluation, any safeguarding measures to ensure preservation in situ of important archaeological remains and/or further archaeological investigation and recording in accordance with a specification and timetable which has been submitted to and approved by the Local Planning Authority.

Reason - To ensure that features of archaeological interest are properly examined and recorded and that due regard is had to the preservation in situ of important archaeological remains, in accordance with adopted Gravesham Local Plan Core Strategy Policies CS19 and Policy CS20 and saved Gravesham Local Plan First Review Policy TC7.

10. No development shall take place on the Northern Parcel until a contaminated land assessment (in accordance with the CLEA guidelines and CLR 11 methodology) and, if necessary, an associated remedial strategy, together with a timetable of works, covering land within the south-west corner of the Northern Parcel defined by Crete Hall Road and the existing vehicular entrance road, has been submitted to and approved in writing by the Local Planning Authority for that land. The scheme shall comprise the following components:

(a) A desk study detailing previous uses of the site, potential contaminants associated with those uses, a conceptual model of the site indicating sources, pathways and receptors as well as potentially unacceptable risks arising from contamination at the site; (b) A site investigation strategy based on the relevant information discovered by the desk study, including relevant soil, soil gas, surface and groundwater sampling, to be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology; (c) The results of the site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy, including the need for long term monitoring and maintenance. The works shall be of such a nature so as to render harmless any identified contamination given the proposed end-use of the site and surrounding environment, including any controlled waters. (d) Timetable for submission of a Closure Report demonstrating completion of works set out in the approved remediation strategy, if appropriate, and the effectiveness of the remediation. The report should include details of the proposed remediation works and the quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the Closure Report together with the necessary documentation detailing what waste materials have been removed from the site. Where applicable, a monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over an agreed period of time, and the provision of reports on the same, must be prepared and approved in writing by the Local Planning Authority.

The development shall be carried out in accordance with the requirements and details of the approved scheme.

Reason - To ensure adequate assessment has been undertaken to confirm whether remediation is required to prevent any adverse effects of soil contamination to the public, environment and underlying protected groundwater, in accordance with adopted Gravesham Local Plan Core Strategy Policy CS18.

11. No development shall take place on any particular phase of development until a detailed surface water drainage scheme for the relevant phase, based on the following approved drainage strategies, has been submitted to and approved in writing by the Local Planning Authority:

 Drawing No. A090129-73-FRA-001 - FRA Appendix D - Illustrative Drainage Strategy - South Site  Drawing No. A090129-73-FRA-002 - FRA Appendix D - Illustrative Drainage Strategy - North Site

The detailed drainage scheme shall demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100yr storm) can be accommodated and disposed of to the adjacent Southern Water sewer at a combined rate not exceeding 5.7l/s without increase to flood risk on or off-site. The drainage scheme shall also demonstrate that silt and pollutants resulting from the site use can be adequately managed to ensure there is no pollution risk to receiving waters. The development shall be carried out in accordance with the approved details before first occupation of the phase of development to which it relates.

Reason - To ensure that the principles of sustainable drainage are incorporated into this proposal and to ensure ongoing efficacy of the drainage provisions and to reduce risk of environmental pollution, in accordance with adopted Gravesham Local Plan Core Strategy Policy CS18.

12. No development shall take place on any particular phase of development until details of the proposed means of foul water disposal for that phase, to include a timetable for implementation, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and timetable.

Reason - In order to prevent pollution of watercourses and to be compliant with paragraph 109 of the NPPF which states that the planning system should contribute to and enhances the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution, in accordance with adopted Gravesham Local Plan Core Strategy Policy CS18.

13. No development shall take place on site until a Local Employment and Training Plan that aims to maximise the opportunities for local residents and businesses to access employment offered by the construction and operational phases of the development has been submitted to and approved in writing by the Local Planning Authority. The Plan shall include measures to provide the following:

(i) Identification of key objectives and targets of the Plan;

(ii) Promoting employment within the locality such as using local job shops and providing apprenticeship opportunities; (iii) Employment and training pro-forma for contractors and developers to provide upon tendering, to encourage use of appropriate local labour; (iv) To ensure the owner and contractors work directly with local employment and training agencies; (v) To provide training opportunities in respect of any new jobs created (for both construction and operational phases); and (vi) Arrangements for monitoring and reviewing the Plan against its specified objectives and targets, including provision of an annual monitoring report to analyse the number of local residents and contractors employed on the site.

The development shall thereafter adhere to the requirements of the approved document at all times, unless otherwise agreed in writing by the Local Planning Authority through a variation to the document.

Reason - In order to contribute towards the delivery of skills training and the promotion of apprenticeships and work placements, in accordance with adopted Gravesham Local Plan Core Strategy Policy CS07.

14. No development within the Southern Parcel shall take place on site until a detailed structural survey of the cliffs within the application boundary has been submitted to and approved in writing by the Local Planning Authority. The survey shall include details of any corrective actions and include a Management Plan that establishes monitoring, maintenance and management (including the funding mechanism) of the structure of the cliffs by an appropriate competent specialist during the lifetime of the development. Any identified corrective measures shall be carried out in full prior to first occupation of any building contained within the south east section of the Southern Parcel as denoted on Drawing No. A090129-73_005 Rev.H (Indicative Site Layout Plan Southern Parcel) as comprising workshops and units 1-5. The cliffs shall thereafter be maintained in accordance with the approved Management Plan at all times.

Reason - In the interests of providing a visually acceptable and safe environment during the lifetime of the development, in accordance with adopted Gravesham Local Plan Core Strategy Policies CS11 and CS19.

Prior to Above Ground Works

15. Prior to the commencement of any above ground works, or as part of the appropriate Reserved Matters application(s), details and samples of all external facing materials to be used on the building(s) within the phase of development to which they relate shall be submitted to and approved, in writing, by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details, to be carried out prior to the relevant building(s) first being brought into use.

Reason - In order to ensure an acceptable standard of development upon completion, in accordance with adopted Local Plan Core Strategy Policy CS19.

16. Prior to the commencement of any above ground works, or as part of the appropriate Reserved Matters application(s), a scheme detailing the proposed hard surface treatments and screening by walls, fences or other means within the phase of development to which they relate shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme shall then be constructed in accordance with these approved details and completed, in its entirety, prior to first occupation of

the phase of development to which it relates.

Reason - In order to ensure an acceptable standard of development upon completion, in accordance with adopted Local Plan Core Strategy Policy CS19.

17. Prior to the commencement of any above ground works, or as part of the appropriate Reserved Matters application(s), a scheme detailing the proposed soft landscaping within the phase of development to which it relates shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme shall be in broad accordance with the Landscape Strategy included within the Design and Access Statement that accompanied the outline application and the ecological enhancement measures to be approved as part of the relevant Reserved Matters. The scheme shall include the type and species of planting to be carried out and details of their quantity and size as well as arrangements for aftercare. Thereafter the approved soft landscaping scheme for the phase of development to which it relates shall be carried out in full during the first available planting season following first occupation of any building within the relevant phase. Any trees or plants that die, are damaged, removed or become diseased within five years from the date of planting shall be replaced with a species of a similar size and species during the next available planting season.

Reason - To ensure that the landscaping is maintained in the long term in the interests of the visual amenity of the development, in accordance with adopted Local Plan Core Strategy Policy CS19.

Prior to First Occupation

18. No occupation of any floorspace hereby approved shall occur until an updated Framework Workplace Travel Plan has been submitted to and approved, in writing, by the Local Planning Authority. The Plan shall update and enhance the measures and monitoring arrangements set out in the Framework Workplace Travel Plan prepared by WYG dated February 2017.

Reason - In accordance with sustainable planning principles and adopted Gravesham Local Plan Core Strategy Policy CS11 and Local Plan First Review Policies T1 and T2.

19. No occupation of any floorspace hereby approved shall occur until the following works have been undertaken and completed in full:

(i) Crete Hall Road Central Refuge Island - Drawing No. A090129-73 - 006 (ii) Crete Hall Road and Rosherville Way Junction Road Marking Arrangement - Drawing No. A090129-73 - 005

Reason - In the interests of highway and pedestrian safety and in order to enhance sustainable connections between the development and the existing area, in accordance with adopted Gravesham Local Plan Core Strategy Policies CS11 and CS12.

20. No occupation of any floorspace hereby approved contained within the Northern Parcel shall occur until the highway works indicated and annotated in the following drawings have been undertaken and completed in full:

(i) Drawing No. A090129-73 - 001 - Northern Site Access Visibility Splays (ii) Drawing No. A090129-73 - 002 - Proposed Northern Site Access

Arrangements

21. No occupation of any floorspace hereby approved contained within the Southern Parcel shall occur until the highway works indicated and annotated in the following drawings and/or described below have been undertaken and completed in full:

(i) Drawing No. A090129-73 - 003 - Southern Site Access Visibility Splays (ii) Drawing No. A090129-73 - 004 - Proposed Southern Site Access Arrangement (iii) Provision of a shared pedestrian and cycle path to the east side of Rosherville Way and south side of Crete Hall Road.

22. Prior to first occupation of any building hereby permitted details of the site-wide implementation, maintenance and management of the sustainable surface water drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include:

(i) a timetable for its implementation, and (ii) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage system throughout its lifetime.

Reason - To ensure that the principles of sustainable drainage are incorporated into this proposal and to ensure ongoing efficacy of the drainage provisions, in accordance with adopted Local Plan Core Strategy Policy CS18.

23. Prior to first occupation of any building hereby permitted a Service Yard and Delivery Management Plan for the relevant building shall be submitted to and approved in writing by the Local Planning Authority. The Management Plan shall identify the delivery operations and activities which generate noise and further identify the control measures to mitigate that noise and disturbance. Once approved, all identified measures shall be implemented and maintained thereafter unless otherwise agreed in writing by the Local Planning Authority pursuant to this condition.

Reason - To protect the amenity of existing and proposed noise sensitive receptors in the surrounding area, in accordance with adopted Gravesham Local Plan Core Strategy Policy CS19.

24. Prior to first occupation of any floorspace hereby approved a Commercial Travel Plan for the phase of development to which it relates shall be submitted to and approved, in writing, by the Local Planning Authority. The document shall be in broad accordance with the Framework Workplace Travel Plan prepared by WYG dated February 2017 and shall include:

(i) measures for managing and monitoring the movement of HGVs associated with the development to encourage use of the strategic road network for access and egress; (ii) electric vehicle charging points; (iii) provision of covered cycle storage for staff and visitors. (iv) creation of a staff car share database.

The agreed Travel Plan(s) shall be implemented and reviewed in accordance with the timetable set out within the approved document(s).

Reason - In accordance with sustainable planning principles and adopted Gravesham Local Plan Core Strategy Policy CS11 and Local Plan First Review Policies T1 and T2.

General Conditions

25. If during development contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall be implemented as approved.

Reason - To ensure that the new and existing development does not contribute to or is not put at unacceptable risk from, or adversely affected by, unacceptable levels water pollution from previously unidentified contamination sources at the development site in line with paragraph 109 of the National Planning Policy Framework.

26. Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason - In order to ensure the development does not pose an unacceptable risk or harm to the water environment or to public water apparatus and sewers, in accordance with adopted Gravesham Local Plan Core Strategy Policies CS18 and CS19.

27. No external lighting, excluding street lighting or temporary construction lighting, shall be installed on any building or within the development site until details of its design and siting have been submitted to and approved, in writing, by the Local Planning Authority pursuant to this condition. The submitted details shall provide sufficient information as to enable assessment of the impact that the lighting will have on the surrounding light sensitive properties and should accord with the specified Best Practice Design criteria contained in the Lighting Assessment prepared by WYG dated February 2017. The works shall thereafter be carried out in accordance with the approved details.

Reason - In order to prevent light pollution in accordance with adopted Gravesham Local Core Strategy Policy CS19.

28. Notwithstanding the provisions of Part 3 of the Town and Country Planning (General

Permitted Development) Order (England) 2015 (as amended), or any provision equivalent to that Order revoking and re-enacting it with or without modification, the employment floorspace shall be used for no purpose other than those uses for which they are hereby approved.

Reason - In order that any alternative use of the building may be the subject of a separate planning application to be determined on its merits, having particular regard to residential amenity and highway safety and to ensure a balanced provision of commercial and business development and an appropriate mix between employment and residential on the site pursuant to the development principles set out in adopted Gravesham Local Plan Core Strategy Policy CS03.

29. All parking and turning spaces as may be approved shall be laid out and surfaced before the particular building/use to which it relates is first brought into use. Thereafter the said parking spaces and turning areas shall only be used for the parking and turning of motor cars or other vehicles relevant to the particular development and for no other purpose and no development whether or not permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), or any provision equivalent to that Order revoking and re- enacting that Order with or without modification, shall be carried out on the site in such a manner or in such a position as to preclude the use of or access to the reserved vehicle parking spaces.

Reason - To ensure sufficient off street car parking provision to serve the development, in accordance with adopted Gravesham Local Plan Core Strategy Policy CS11 and saved Local Plan First Review Policy P3.

INFORMATIVES:

1. REASON FOR IMPOSITION OF PRE-COMMENCEMENT CONDITIONS Pursuant to Articles 35 (1) and (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Local Planning Authority is satisfied that the requirements of conditions 8 to 14 (including the timing of compliance) are so fundamental to the development permitted that such details must be submitted prior to the works commencing on site.

2. DEFINITION OF NORTHERN AND SOUTHERN PARECLS For the avoidance of any doubt, references in this decision notice to the Northern Parcel and Southern Parcel shall be construed as referring to the land to the north of Crete Hall Road and the land to the south of Crete Hall Road respectively, and as indicated on the following indicative drawings submitted with the application:

 Drawing No. A090129-73_004 Rev.J - Indicative Site Layout Plan (Northern Parcel)  Drawing No. A090129-73_005 Rev.H - Indicative Site Layout Plan (Southern Parcel)

3. STATEMENT OF POSITIVE AND PROACTIVE APPROACH TO DECISION- TAKING In accordance with Article 35(2) of the Town and Country Planning (Development Management Procedure)(England) Order 2015 and paragraphs 186 and 187 of the National Planning Policy Framework, the Local Planning Authority has approached the assessment and determination of this application in a positive and proactive manner and, where appropriate, has worked with the applicant to secure a

development that is sustainable and that improves the economic, social and environmental conditions of the area, and that is in accordance with the Development Plan for the area.

This has involved extensive discussions and negotiations both during the pre- application and planning application stages in a collaborative manner in order to ensure the delivery of a high quality development which will make a major contribution towards the continuing regeneration of the area and the re-development of a major brownfield site within Kent Thames Gateway, delivering new employment opportunities in a highly sustainable location.

The application was considered by the Ebbsfleet Development Corporation's Planning Committee where the applicant/agent had the opportunity to address the committee and promote the application.

4. ILLUSTRATIVE PLANS ACCOMPANYING THE APPLICATION The application is also accompanied by the following plans, submitted for illustrative purposes only:

 Drawing No. A090129-73_110 - Illustrative Masterplan  Drawing No. A090129-73_111 Rev.B - Illustrative Cross-Sections  Drawing No. A090129-73_112 - Illustrative Visualisations  Drawing No. A090129-73_120 Rev.A - Indicative Car Parking Plan Northern Parcel  Drawing No. A090129-73_121 - Indicative Car Parking Plan Southern Parcel  Drawing No. A090129-73_004 Rev.J - Indicative Site Layout Plan (Northern Parcel)  Drawing No. A090129-73_005 Rev.H - Indicative Site Layout Plan (Southern Parcel)  Drawing No. A090129-73_107 - Indicative Phasing Plan  Drawing No. A090129-73_108 - Topographical Survey

5. PRE-APPLICATION DISCUSSIONS In accordance with paragraphs 188 to 196 of the National Planning Policy Framework, the Local Planning Authority would encourage the applicant or developer to enter into pre-applications discussions in advance of formally submitting documents or details pursuant to this outline planning permission.

6. DESIGNING OUT CRIME The developer is advised that the detailed Reserved Matters submission should take account of opportunities for crime prevention through environmental design and are encouraged to consult with the Local Planning Authority and the Kent Police Crime Prevention Design Advisors (CPDAs).

7. FRAMEWORK WORKPLACE TRAVEL PLAN The Local Planning Authority would expect the updated Framework Workplace Travel Plan to be approved pursuant to condition 18 to be informed by engagement with professional workplace travel plan experts such as SUSTRANS.

The updated Framework Workplace Travel Plan would be expected to incorporate a commitment to the exploration and consideration of additional hard and soft measures at the detailed design stage to comprise the following:

 Additional physical measures, such as provision of showers/changing rooms

for staff use;  Measures for managing and monitoring the movement of HGVs associated with the development to encourage use of the strategic road network for access and egress;  Provision of covered cycle storage for staff and visitors;  Creation of a staff car share database; and  Installation of electric vehicle charging points.

The updated Framework Workplace Travel Plan should also establish a more robust monitoring and review process, with commitments for the applicant to take further action should identified targets not be achieved within the defined timescale.

8. KCC HIGHWAYS AND TRANSPORTATION No works to commence on the public highway without prior agreement of KCC's Agreements team. A Section 278 Agreement or similar will be required. It is the responsibility of the applicant to ensure, before any development is commenced, that all necessary highway approvals and consents where required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority. Across the county there are pieces of land next to private homes and gardens that do not look like roads or pavements but are actually part of the road. This is called 'highway land'. Some of this land is owned by The Kent County Council (KCC) whilst some are owned by third party owners. Irrespective of the ownership, this land may have 'highway rights' over the topsoil. Information about how to clarify the highway boundary can be found at http://www.kent.gov.uk/roads-and-travel/what-we-look- after/highway-land

The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under such legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site.

9. KCC PUBLIC RIGHTS OF WAY  No furniture, fence, barrier or other structure may be erected on or across Public Rights of Way without the express consent of the Highway Authority.  There must be no disturbance of the surface of the Public Right of Way, or obstruction of its use, either during or following any approved development without the express consent of the Highway Authority.  No hedging or shrubs should be planted within 1.5 metres of the edge of the Public Right of Way.  If the applicant needs to apply for a temporary traffic regulation order whilst works are undertaken, I would need six weeks' notice to process this.  For public rights of way that require diversion to enable development, no temporary traffic regulation orders will be accepted prior to the associated diversion order being confirmed.

10. ENVIRONMENT AGENCY ADVICE Fuel, Oil and Chemical Storage Care should be taken during and after construction to ensure that all fuels, oils and any other potentially contaminating materials should be stored (for example in bunded areas secured from public access) so as to prevent accidental/unauthorised discharge to ground. The areas for storage should not drain to any surface water system. Where it is proposed to store more than 200 litres (45 gallon drum = 205litres) of any type of oil on site it must be stored in accordance with

the Control of Pollution (oil storage) (England) Regulations 2001. Drums and barrels can be kept in drip trays if the drip tray is capable of retaining 25% of the total capacity of all oil stored.

Advise that EA's Pollution Prevention Guidelines have been withdrawn and new regulatory guidance is now provided.

11. SOUTHERN WATER A formal application for connection to the water supply is required in order to service this development and the applicant/developer should enter into a formal agreement with Southern Water to provide the necessary sewerage infrastructure required to service this development. The applicant/developer should contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk' in order to progress the required infrastructure.

12. UTILITIES It should not be automatically assumed that permission will be given for utility services to be placed within the public highway, and early contact should be made with Kent County Council at [email protected]. This will enable a proper consideration of available options in order that the optimum solution can be determined.

1.0 SITE CONTEXT AND BACKGROUND

1.1. The application site lies within an existing industrial area along the southern bank of the River Thames known as Northfleet Embankment East, approximately 1 kilometre to the west of Gravesend Town Centre. The site is within the Borough of Gravesham. The application site lies within the Northfleet Riverside Strategic Development Area, as identified in EDC’s Implementation Framework.

1.2. The application site covers an area of 6.1 hectares, which comprises 5.5 hectares of development land and a section of Crete Hall Road that bisects the site. This bisection creates two distinct parcels of land hereinafter referred to as the Northern Parcel and the Southern Parcel.

1.3. The Northern Parcel (4.1 hectares) is roughly rectangular in shape and comprises part of the former Northfleet Power Station site which has been demolished and was last used for timber storage and recycling. It is enclosed with palisade fencing and is currently vacant and naturally vegetated.

1.4. The Southern Parcel (2 hectares), which includes a section of Crete Hall Road, is irregular in shape and predominantly comprises hardstanding enclosed by metal palisade fencing. It is currently vacant. It should be noted that the application boundary excludes the existing Red Lion Public House site on the southern side of Crete Hall Road.

1.5. The overall site comprises a broadly flat plot of land, with levels reduced by quarrying during the 19th century leaving a chalk cliff face demarcating the southern site boundary rising up to 20 metres in height. At the top of the cliffs are local authority housing in Fountain Walk and a nursery school. The south east of the site closest to the cliff is elevated up to 2 metres above the rest of the site through a landscaped embankment which includes a group of trees.

1.6. The application site is bordered to the north by a working aggregates facility utilising the safeguarded Red Lion Wharf on the River Thames that is owned and operated by Stema Shipping UK Ltd. To the west are industrial uses including the Lidl Regional Distribution Centre and the Kimberley Clark paper manufacturing complex. To the east of the site is a vacant site formerly comprising the AEI/Henley cable works factories, most of which have been demolished over recent years and the site subsequently raised to provide a development platform.

1.7. To the far east of the Northfleet Embankment area is an established residential area centred on Lansdowne Square, Burch Road and Pier Road on a chalk spur which has remained un-quarried and extends north to the river. To the north east of the site and located on the river frontage at The Shore is Old Sun Wharf, currently used for storage and distribution of aggregates by Fleetmix. This wharf is safeguarded for minerals use. The Henley office building, an Art deco style building of three storeys, is located at the north eastern end of the wider Northfleet Embankment site within the Lansdowne Square Conservation Area. This land to the east is the subject of a resolution by EDC Planning Committee to approve a residential led development by Keepmoat Homes comprising over 600 new homes, a primary school and local retail units.

1.8. Crete Hall Road forms an east-west vehicular and pedestrian connection across Northfleet Embankment East and at its approximate half-way point forms a junction with Rosherville Way which links with Thames Way to the south via a short adopted tunnel under London Road (A226). Vehicular access to the Northern Parcel is via a bell-mouth junction off Crete Hall Road serving a private road owned by Stema Shipping. Vehicular access to the Southern Parcel is via a bell-mouth junction off Rosherville Way.

1.9. A public right of way (NU5) runs adjacent to the eastern boundary of the site connecting Crete Hall Road with the river front, currently demarcated on both sides by open palisade fencing. This public footpath falls outside of the application site boundary. To the south west of the site is a stepped pedestrian ramp that provides access to and from the shops and bus stops along London Road at the top of the cliff.

1.10. The site does not include any designated heritage assets, although there are listed buildings and conservations areas in the vicinity, which include the following:

 Grade II Listed Cliff Top Entrance to the former Rosherville Gardens is located approximately 120 metres to the east;  Grade II Listed Rosherville Gardens Bear Pit is roughly 300 metres east;  Grade II Listed Rosherville Quay walls, steps/draw dock and WW II mine watching post at The Shore approximately 900 metres to the east;  To the west are a number of listed buildings located within The Hill Conservation Area, situated beyond the Kimberley-Clark facility some 550m from the western edge of the site;  Lansdowne Square Conservation Area to the north east of Northfleet Embankment East.

1.11. A public surface water sewer runs adjacent to the eastern boundary within the application site. A public foul sewer runs beneath the public footpath and turns along the river promenade and connects to an existing underground pumping station at the junction of The Shore and Burch Road.

1.12. The site is not covered by any statutory ecological designations. The nearest is the Bakers Hole Site of Special Scientific Interest (SSSI), located some 1.75 kilometres to the west. The internationally designated South Thames Estuary and Marshes Special Protected Area, Ramsar and SSSI are located approximately 4.7km to the east.

1.13. The site lies within the Northfleet Industrial Area Air Quality Management Area and lies within the North Kent Enterprise Zone.

2.0 PROPOSAL

2.1. This application is principally submitted to amend the Building Heights Parameter Plan approved pursuant to outline planning permission reference EDC/17/0022 to allow the maximum height of buildings on part of the northern parcel to increase from 12 metres to 13.5 metres.

2.2. This application is submitted in the context of a Reserved Matters application for the erection of a manufacturing facility for the production of modular housing on the Northern Parcel. For operational reasons this facility requires a clear internal ceiling height of 10 metres which results in proposed external roof ridge height of approximately 13.5 metres. Therefore this s.73 application has been submitted to seek to vary the building height parameters approved by the outline planning permission to ensure the reserved matters comply.

2.3. This application also includes the proposed relocation of the approved pedestrian crossing island on Crete Hall Road to the east by around 7 metres to better align it with the pedestrian entrance plaza proposed as part of the Reserved Matters application.

2.4. To facilitate the changes proposed would require amendments to conditions 4, 5 and 19 of the outline planning permission insofar as they relate to previously approved drawings that are proposed to be replaced.

Supporting Plans and Documents

2.5. This application is accompanied by and seeks approval of the following plans to substitute those previously approved:

 Drawing No. 17045-P111-P0 – Site Location Plan  Drawing No. 17045-P109-P0 – Building Height Parameters Plan  Drawing No. 70034565-SK-13-A Rev.B – Proposed Pedestrian Crossing Island Location and Swept Path Analysis

2.6. The following additional plans are submitted for illustrative purposes only:

 Drawing No. 17045-P104-P1 – Roof Plan  Drawing No. 17045-P105-P4 – Elevations  Drawing No. 17045-P106-P0 – Building Section  Drawing No. 17045 – F021 – Aerial 3D Image  Drawing No. 17045 – F022 – Eye Level 3D Image  Drawing No. 17045 – F023 – Eye Level 3D Image - Plaza  Drawing No. 17045 – F024 – Eye Level View Rosherville Way

2.7. The application is also accompanied by the following documentation:

 Environmental Statement  Environmental Compliance Report – WSP (July 2017)

2.8. The application is also accompanied by the following documentation, which are not bespoke to this application but provided as overarching documents to address the package of parallel applications by Berkeley Modular UK for redevelopment of this land:

 Planning Statement (September 2017) - Barton Willmore  Design and Access Statement (Rev.B) (September 2017) – UMC Architects  Transport Statement (September 2017) – WSP Parsons Brinckerhoff

3.0 RELEVANT PLANNING HISTORY

20010279 – Erection of B8 warehouse with 10no. dock level lorry loading bays, ancillary offices, laying out of 62no. lorry parking spaces, 120no. car parking spaces, vehicular access and cycleway. Approved 15 March 2002 accompanied by s.106 Agreement to secure off-site highway contribution.

20020719 - Application for the variation of conditions 10, 14, 15 and 20 attached to planning permission reference number GR01/279 (for the erection of a B8 warehouse), regarding the hours of work of construction site, noise levels, safe system of work and the testing of the emergency generator. Approved on 22 October 2002.

20100533 - Application for temporary use of land for wood storage and comminution for recycling and recovery. Approved by KCC on 21 July 2010 (temporary permission).

20110320 - Engineering operations comprising land raising and the creation of a development platform including demolition of 5 additional buildings on a phased basis and revised land raising design. Approved on 11 November 2011.

N.B. This permission enabled site preparation to create a development platform in order to support future development. The consent covered the application site as well as the adjoining land which is subject to proposed residential led development. It also provided site-wide flood risk mitigation through land raising to remove risk of flooding during the lifetime of any future development. As part of the works a land remediation strategy was implemented to treat the vulnerable groundwater in the site, particularly the high concentration of hydrocarbons. This ensured that no potential sources of contamination remained on site prior to the land raising exercise. Following this, a landfilling exercise of clean excavated material was completed to raise the land to the required levels for flood protection purposes.

20130840 – Application for variation of condition 3 attached to planning permission reference number 20110320 for a minor variation in imported materials on the Fleetway land parcels and Phase 4 within the boundaries of the previously approved land raising operations for the site. Approved on 17 December 2013.

EDC/16/0090 - Request for a Scoping Opinion under Regulation 13 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (as amended) in respect of proposed development of brownfield land to provide up to

240,000 square feet of employment floorspace. EDC issued Scoping Opinion dated 04 November 2016.

EDC/17/0022 - Outline application with all matters reserved except access for development of brownfield land to provide up to 21,500 m2 (231,000 ft2) of employment floorspace, comprising use classes B1, B2, B8 and A3, A4, A5 and associated site vehicular access. Approved by EDC on 27 September 2017 accompanied by a s.106 Agreement.

EDC/17/0122 - Application for the approval of Reserved Matters pursuant to outline planning permission EDC/17/0022 for the development of a manufacturing facility for the production of modular housing with ancillary 2 storey office block and provision of a gate house, car parking, cycle storage, modular storage and dispatch bays and landscaping, comprising details of layout, scale, appearance and landscaping. Undetermined application being considered by EDC.

EDC/17/0124 - Construction of a new vehicular and pedestrian access from Crete Hall Road. Undetermined application being considered by EDC.

4.0 PUBLICITY

4.1. Neighbour notification letters were sent to over 600 local addresses.

4.2. The proposal was also advertised on site via 12no. notices and publication in a local newspaper (Gravesend Reporter) as a:

 Major Development Proposal; and  Development affecting a Public Right of Way.

4.3. The expiry date for representations was 02 November 2017.

5.0 REPRESENTATIONS

5.1. At the time of publishing this report no written representations had been received.

6.0 CONSULTATION RESPONSES

6.1. The following bodies and organisations have been consulted on the application:

 Environment Agency  Natural England  Port of London Authority  Gravesham Borough Council o Planning Policy o Economic Development o Regulatory Services o Operational Services  Kent Police Crime Prevention Design Advisor  Kent County Council o Highways o Heritage and Conservation o Public Rights of Way o Ecology o Lead Local Flood Authority

o Minerals Planning Authority  UK Power Networks  National Grid  Kent Fire and Rescue Services  Dartford and Gravesham Ramblers Association  Gravesend Historical Society  Thurrock Borough Council  Urban Gravesham  Thames Gateway Kent Partnership

6.2. The following responses have been received and are summarised as follows:

Environment Agency - No comments to make on this planning application.

Natural England - No comment to make on the variation of conditions 4, 5 and 19.

KCC Ecology - As the conditions proposed to be varied are not related to ecology, KCC have no comments to make.

KCC Lead Local Flood Authority - Being that this application relates to amending the Building Heights Parameter Plan and relocation of a refuge island KCC LLFA have no comment.

KCC Heritage and Conservation - As the variations do not cause any changes to the archaeological approach KCC have no comments.

Port of London Authority - The PLA have no specific comments regarding the increase in the proposed building height or the proposal to relocate the refuge crossing on Crete Hall Road.

Swanscombe & Greenhithe Town Council - No observations.

No response was received from the following:

 Gravesham Borough Council o Planning Policy o Economic Development o Regulatory Services o Operational Services  Kent Police Crime Prevention Design Advisor  Kent County Council o Highways o Public Rights of Way o Minerals Planning Authority  UK Power Networks  National Grid  Kent Fire and Rescue Services  Dartford and Gravesham Ramblers Association  Gravesend Historical Society  Thurrock Borough Council  Urban Gravesham  Thames Gateway Kent Partnership

7.0 PLANNING POLICY

7.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise.

7.2 The development plan comprises the adopted Gravesham Local Plan Core Strategy September 2014, saved policies from the adopted Gravesham Local Plan First Review 1994 and the Kent Minerals and Waste Local Plan 2016.

7.3 Saved policies contained in the Gravesham Local Plan First Review should still be accorded significant weight, albeit that the weight accorded should be greater where policies are consistent with the National Planning Policy Framework (NPPF, paragraph 215).

7.4 The policies relevant to the consideration of this application are set out below.

Gravesham Local Plan Core Strategy - September 2014

 Policy CS01 – Sustainable Development  Policy CS02 – Scale and Distribution of Development  Policy CS03 – Northfleet Embankment and Swanscombe Peninsula East Opportunity Area  Policy CS07 – Economy, Employment and Skills  Policy CS10 – Physical and Social Infrastructure  Policy CS11 – Transport  Policy CS12 – Green Infrastructure  Policy CS18 – Climate Change  Policy CS19 – Development and Design Principles  Policy CS20 – Heritage and the Historic Environment

Gravesham Local Plan First Review 1994

 Policy T1 – Impact of Development on the Highway Network  Policy T2 – Channelling of Traffic onto Primary and District Distributor Network  Policy TC3 – Development affecting Conservation Areas  Policy TC7 – Other Archaeological Sites  Policy P3 – Vehicle Parking Standards

Kent Minerals and Waste Local Plan – July 2016

 Policy CSM6 – Safeguarded Wharves and Rail Depots  Policy DM8 – Safeguarding Minerals Management, Transportation, Production and Waste Management Facilities

8.0 OTHER RELEVANT GUIDANCE

National Planning Policy Framework and Guidance

8.1 The National Planning Policy Framework (NPPF) is a material consideration in the determination of planning applications. The Gravesham Local Plan Core Strategy has been found to be sound and consistent with the NPPF. The weight to be given to the saved policies in the Gravesham Local Plan First Review and the Kent Minerals and Waste Local Plans will depend on their consistency with the NPPF. Planning Practice Guidance supports and clarifies areas in the NPPF.

Supplementary Planning Guidance

8.2 The Council has adopted a number of Supplementary Planning Guidance documents, Development Briefs and Conservation Area Appraisals. These elaborate on saved policies in the Gravesham Local Plan First Review and policies in the Gravesham Local Plan Core Strategy and are material considerations in determining planning applications. The following documents are relevant to the consideration of this application:

 SPG 1: Landscape Character (July 2006)  SPG 2: Biodiversity Conservation (July 2006)  SPG 3: Archaeology in Historic Towns (July 2006)  SPG 4: Kent Vehicle Parking Standards (July 2006)  The Kent Design Guide

EDC Implementation Framework

8.3 EDC has published its Implementation Framework dated 2017 which sets out the area wide spatial framework, vision for Ebbsfleet alongside strategic development areas and associated design guidance.

9.0 PLANNING APPRAISAL

9.1 This application is made under s.73 of the Town and Country Planning Act 1990 that allows applications to be made for permission to vary or remove conditions associated with a planning permission. The local planning authority can grant such permission unconditionally or subject to different conditions, or they can refuse the application if they decide that the original conditions should continue. Where an application under s.73 is granted, the effect is the issue of a new planning permission, sitting alongside the original permission which remains intact and un- amended. The original planning permission will continue to exist whatever the outcome of this application.

9.2 The proposed changes were not considered by the Local Planning Authority to be non-material amendments to the approved development, but are relatively modest in their scope. The changes relate to the maximum building height and location of a pedestrian central refuge and are discussed below in turn.

Building Height

9.3 The proposed change is to allow the proposed building(s) within part of the Northern Parcel to increase in height from 12 metres to 13.5 metres. This change is sought following acquisition of the land by Berkeley Modular who is seeking permission to build a manufacturing facility for the production of modular housing on the Northern Parcel. Due to the span of the proposed factory building, even when designed with a roof form as low pitched as possible, it is advised by the applicant that a 12 metre maximum height would not allow for the operational requirement for a clear internal ceiling height of 10 metres to be achieved. The applicant has advised that the roof ridge would need to increase by 1.5 metres (taking the maximum to 13.5 metres) to achieve this operational requirement.

9.4 The applicant is of the position that this increase in height would have no demonstrable effect on the scale of the building itself nor on short or long distance

views of the site. This position is accepted by the EDC as it is considered that the change in building height would not affect the extent of visibility of the proposed development.

9.5 Noting that the acceptability of a detailed scheme in terms of the final siting, scale and appearance of any building proposed is a matter for consideration as part of a Reserved Matters submission, the principle of allowing a modestly higher building than previously approved is considered to be acceptable.

Pedestrian Crossing Relocation

9.6 The proposal to relocate the approved pedestrian crossing island by approximately 7 metres eastwards on Crete Hall Road is to better align it with the pedestrian entrance plaza to serve the proposed Reserved Matters scheme for a modular housebuilding factory on the Northern Parcel.

9.7 The original location was arbitrary and informed by the indicative masterplan submitted with the outline planning application. The principle of modestly re-siting it along this same section of Crete Hall Road is therefore not objected to in principle as it would fulfil the same function in broadly the same location. KCC Highways has confirmed that the new position would not introduce any conflicts in respect of vehicle movements, notably as it would move it further away from the junction with Rosherville Way. It is also relevant to note that this position would not affect the ability of vehicles entering or leaving the Northern Parcel via the staff car park vehicular access proposed under a separate application.

9.8 The proposed relocation of the approved pedestrian crossing island is therefore acceptable.

EIA Compliance

9.9 A s.73 application is considered to be a new application for planning permission under the Environmental Impact Assessment Regulations. Accordingly, the original Environmental Statement has been re-submitted along with an addendum (which the applicant had called an Environmental Compliance Report (ECR)) to assess the impact of the proposed changes.

9.10 The purpose of the ECR is to demonstrate that the proposed changes to the outline permission do not introduce new or different environmental effects. It was also prepared as a verification exercise to demonstrate that the proposed RM application is consistent with the outline planning permission.

9.11 Aecom were commissioned by EDC to review the ECR to assess if it satisfactorily addresses the proposed changes to the approved scheme and the implications of the proposed changes on the conclusions of the original ES, which formed the basis for identifying mitigation required to address the environmental effects identified. Following additional clarifications provided by the applicant, Aecom have advised that the changes proposed would not affect the conclusions of the original ES and therefore that the mitigation secured through the original outline permission remains appropriate.

10.0 FINANCIAL CONSIDERATIONS

10.1 Whilst this is not material to the decision, financial benefits will accrue to the area if permission is granted. The Government wishes to ensure that the decision making

process for major applications is as transparent as possible, so that local communities are more aware of the financial benefits that development can bring to their area. In this area the following benefits to the public purse accrue from development - Business Rates from the commercial floorspace.

11.0 HUMAN RIGHTS

11.1 The application has been considered in the light of the Human Rights Act 1998 and it is considered that the analysis of the issues in this case, as set out in this report and recommendation below, is compatible with the Act.

12.0 PUBLIC SECTOR DUTY

12.1 In determining this application, regard has been had to the Public Sector Equality Duty (PSED) as set down in section 149 of the Equality Act 2010, in particular with regard to the need to –

- Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act; - Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and - Foster good relations between persons who share a relevant protected characteristic and persons who do not share it. It is considered that the application proposals would not undermine objectives of the Duty.

12.2 It is considered that the application proposals would not conflict with objectives of the Duty.

13.0 RECOMMENDATIONS AND CONCLUSIONS

13.1 The proposed changes are considered to be acceptable. In procedural terms, the s.73 process for varying the original outline consent is appropriate as the changes proposed would not result in development that is fundamentally inconsistent with the one originally approved.

13.2 In light of the assessment that the proposed changes are acceptable, it is recommended that a fresh outline planning be granted that re-imposes the original planning conditions, save for changes to list the amended plans in conditions 4, 5 and 19. As a s.73 application cannot be used to extend the timescale for implementing a consent, the time limit conditions (conditions 2 and 3) should be amended to align with the original outline consent. No further conditions or amendments are considered necessary.

13.3 As the original permission was subject to planning obligations, the applicant would need to enter into a Deed of Variation to amend the original s.106 Agreement to bind those obligations to this varied outline planning permission prior to approval being issued.