APP 03

Application Number: 15/01695/FUL

Hybrid application - Full planning application for 34 residential units and 1,724 sqm of retail (7 units) with associated access, landscaping and car parking. Outline planning permission for - Care Home, (Use Class C2), Public House (Use Class A4), Day Nursery (Use Class D1) with all matters reserved aside from access.

AT Land To The North of, Arran Way, Newton Leys

FOR HDD Newton Leys Ltd And Taylor Wimpey South Midlands

Target: 19th October 2015 (extension of time agreed)

Ward: Bletchley East Parish: Bletchley & Fenny Stratford Town Council

Report Author/Case Officer: Katy Lycett Contact Details: 01908 252313 [email protected]

Team Leader: Sarah Evans Development Management Strategic Business Unit Manager Contact Details: [email protected]

1.0 INTRODUCTION (A brief explanation of what the application is about)

1.1 The main section of the report set out below draws together the core issues in relation to the application including policy and other key material considerations. This is supplemented by an appendix which brings together planning history, additional matters and summaries of consultees’ responses and public representations. Full details of the application including plans, supplementary documents, consultee responses and public representations are available on the Council’s Public Access System www.milton- keynes.gov.uk/publicaccess . All matters have been taken into account in writing this report and recommendation.

1.2 The Site

The application site is a parcel of land located within the Newton Leys development site. Newton Leys has been under construction for many years since initial outline permission was granted in 2005 on the former Jubilee brick works site. During this time there have periods of inactivity due to the economic climate however; following the recent upturn there is now a strong impetus to complete the development and to provide much needed services for existing and future residents. Currently Newton Leys has no services beyond a temporary community centre although the Primary School is now under construction.

1.3 The parcel of land which forms this application is a site which under the Newton Leys Design Code was allocated for employment use plus a small additional area for a Travellers site beyond Jersey Drive leading towards Drayton Road. The main part of the application site is currently undeveloped grassland which stretches North towards Sark Drive adjacent to the recently constructed Taylor Wimpey Headquarters. The site area is 2.6 hectares with dwellings already present along the western boundary on Arran Way with some of these facing towards Jersey Drive.

1.4 The Proposal

This application forms a hybrid application – part full planning permission and part outline consent comprising the following:

- Full Planning Permission 1. Food Store (Use A1) with a 1068 square metre gross internal area. 2. 6 x Retail Units (Use A1/A2/A3/A5) 3. 34 x Residential Units (Use C3 comprising 15 x 2 bedroom units, 8 x 3 bedroom units, 3 x 4+ bedroom units and 8 x 2 bedroom flats.

- Outline Planning Permission 1. Care Home (Use C2) 2. Public House (Use A4) 3. Day Nursery (Use D1)

The design of the local centre has been designed with a central public area surrounded by the retail parade with flats above and the main retail unit to the north which faces onto this shared area. In addition, six townhouses are proposed to the South of the parade forming a cluster layout (shared rear elevations). Beyond these townhouses is the proposed nursery which is located in the Southern corner of the plot. At the very northern point on the site is the proposed care home. Jersey Drive intersects the site with the proposed Public House to be located on the corner connecting Drayton Road.

1.5 A multi-use area has been proposed in front of the retail units to encourage linked trips between the retail units and the proposed food store to the east. The retail parade schedules eight two bedroom units at first floor with parking for these apartments to the south of the parade in designated areas. A further twenty dwellings are proposed to the north east with a variety of 2, 3 and 4 bedroom properties.

1.6 The outline elements of the scheme relate to the care home, public house and day nursery. Reserved matters include appearance, landscaping, layout and scale and these issues would be dealt with in detail via the later applications. The report will make reference to both the full and outline elements as many issues relating to the later phases will not be dealt with at this stage.

1.8 The phasing of the development has been set out in the following way: Phase 1 (full elements) - Large Retail Store - Six retail units forming the ‘parade’ - Fourteen residential units - Two access points onto the site, infrastructure and landscaping

Phase 2 (full elements) - Twenty residential units with associated parking, infrastructure and landscaping.

Phase 3 (outline) - Care Home with associated parking, infrastructure and landscaping.

Phase 4 (outline) - Day Nursery with associated parking, infrastructure and landscaping.

Phase 5 (outline_ - Public House with associated parking, infrastructure and landscaping.

1.9 The proposed uses on the site will generate a total potential of approximately 180 job opportunities when completed in a variety of sectors and skillsets over the various proposed uses.

2.0 RELEVANT POLICIES (The most important policy considerations relating to this application)

2.1 National Policy National Planning Policy Framework paragraph 22

2.2 Local Policy

Core Strategy CS1 – Urban Area CS3 – Employment Land CS4 – Retail and Leisure CS10 – Housing

Adopted Milton Keynes Local Plan 2001-2011 D1 – Impact of Development Proposals on Locality D2 – Design of Buildings D2A – Urban Design Aspects T15 – Parking Provision T10 – Traffic E1 – Protection of Existing Employment Land TC19 – Housing in Town, District and Local Centres C1 – Location of Community Facilities H – Affordable Housing H4 – Affordable Housing: Target and Site Threshold H5 – Affordable Housing: Site and Market Conditions H7 – Housing on Unidentified Sites H12 – Sites for Travellers

Supplementary Planning Guidance Newton Leys Design Code 2007 Affordable Housing SPD (2013) Education Facilities SPG (2004) Leisure Recreation and Sports Facilities SPG (2005) Social Infrastructure SPD (2005) Sustainable Construction SPD (2007)

3.0 MAIN ISSUES (The issues which have the greatest bearing on the decision)

3.1 Principle of Development Newton Leys Design Code 2007 Loss of Employment Land Highway Safety, Access Parking Travel Plan Co-Ordinator Design Impact on the Local Area Impact on Nearby Properties Travellers Site Provision Ecology Viability Affordable Housing Provision

4.0 RECOMMENDATION (The decision that officers recommend to the Committee)

4.1 It is recommended that planning permission be granted subject to the completion of a s106 agreement and to the conditions as set out at the end of this report.

5.0 CONSIDERATIONS (An explanation of the main issues that have lead to the officer Recommendation)

5.1 Background Information

Members will note that the application comprises various components under the submission of one application essentially forming a hybrid application of both full out and outline principles. The considerations will cover the general issues initially focusing on the broader issues followed by more detailed considerations of the first two phases of the scheme. Any decision notice would also reflect this.

Principle of Development

In 2005, an outline planning application was approved for the redevelopment of the former Jubilee brick works South of Bletchley. This approval included provision of 1,650 dwellings, a primary school, employment area and local centre. The Local Centre was originally indicated as being located more centrally within the site with the proposed restaurant/public house being sited adjacent to Jubilee Lake. This current scheme has combined these elements alongside additional services and further residential units. The principle of a Local Centre was established at the infancy of the development however the issue to consider under this application is the principle of creating a much larger centre, with additional uses in a different location to that originally proposed. It is however imperative that there is a priority to provide services to the existing and proposed residents of Newton Leys whom currently have no local provision.

5.2 Within the Milton Keynes Local Plan 2001-2011 the designation of KS1 Newton Leys (Site MK4) identifies Newton Leys as an area for comprehensive development including housing, employment, local shopping, and recreation and community facilities. The smaller eastern site measuring 0.33 ha proposed for a pub is identified as site MK18 on the Proposals/Policies map and is identified for a traveller’s site (Local Plan policy H12) and it is in a wildlife corridor where Local Plan Policy NE1 applies. The development of this site as a departure from the Local Plan has been address in Section 5.25 of the report.

5.3 Newton Leys Design Code 2007

This application would lead to the local centre site being relocated from its previous position. Within the Newton Leys Design Code 2007, the local centre is referred to under Paragraphs 3.11 and 3.12 and it is stated that: ‘The local centre must be at the heart of the development and focused on a ‘market square’ bounded on three sides by active ground floor commercial uses. The critical mass in terms of activity levels and building volumes of this area will be bolstered by residential uses at first floor level. The square should be a shared surface space where customer parking will be located alongside street trees and spaces for informal activities such as markets and events.’

The proposed local centre has evolved significantly since the Design Code and the current proposal has changed not only the location but also the details of the development. This application includes scope for a care home, day nursery and public house in addition to 34 residential units. The scale and scope of the local centre is much more significant than was set out at outline stage in 2005 by adding many more uses and creating a much larger scheme. The justification of this however is partly as a result of the changes in the economy which have affected both the rate of development and the financial viability of developing this scheme. The issue of viability is discussed within this report under section 5.8 onwards.

5.4 The Local Centre was originally scheduled to be located more centrally within Newton Leys and the principle of the change in location has been assessed in terms of impact on residents and traffic movements. The relocation of the local centre to the edge of the site is more likely to generate positive activity in terms of passing trade and the additional uses proposed will also increase the footfall by offering further services and facilities. An internal connectivity plan has been submitted as part of the application which demonstrates routes into the site from the residential areas surrounding the proposed development and is considered to be acceptable. The site also has a bus stop adjacent to the food store which will offer the wider area access to the local centre services. This site is more accessible in terms of vehicle routes via Hebrides Gate and Jersey Drive which is seen as being beneficial to the wider area. The Newton Leys Residents’ Association have strongly supported the application on the basis that there are currently no local facilities for existing or future residents. The change in location is not expected to be detrimental to the vitality or viability of the local centre.

5.5 Loss of Employment Land

In accordance with the Newton Leys Design Code 2007 and the Milton Keynes Local Plan 2001-2011 the main application site has been previously allocated for an employment function and therefore any loss would need to be assessed in terms of the actual reduction in the capacity for future job opportunities in the context of Milton Keynes as a whole. The implication of this is discussed below.

5.6 The supporting information which has been provided as part of this application states that the actual loss would be approximately 1% of the local employment land supply for Milton Keynes. On this basis the reduction in available supply of employment capacity would be minimal and there would remain sufficient capacity for B1 and B8 uses within Milton Keynes. As a result there would not be a substantial negative impact in terms of the provision of employment land as a whole.

5.7 Whilst the relocation of the Local Centre will alter the original layout of retail, employment and to some extent a small area of residential functions the overall application is considered acceptable in terms of Policy E1 of the Milton Keynes Local Plan 2001-2011.

5.8 Highway Safety and Access

This application proposed a number of different elements including residential, retail, education and leisure uses. For Phase 1 and 2 of the scheme parking has been provided to serve the relevant users. Access will be via existing crossovers from Jersey Drive which will require upgrading in order to accommodate the proposed traffic movements. The proposed site layout is deemed to be acceptable in terms of entrance/exit arrangements and parking provision for each use and as phasing is secured to ensure that delivery is chronological Phases 1 and 2 will ensure that the main highway works are completed early in the development.

5.9 During the course of the application additional/revised information was provided covering the various issues such as cycle parking, vehicle spaces, access arrangements and junction improvements. This submitted information was deemed to be acceptable and as a result the scheme submitted has been assessed and is considered to be in-line with Policy T10 and T15 of the Milton Keynes Local Plan 2001-2011.

5.10 Parking

Under Phases 1 and 2 of the submitted scheme the detailed plans have been assessed as follows. The main shared parking area in the current layout has a shortfall of 21 spaces out a total requirement of 126 spaces for the retail element. A condition has been attached however to remove a drop-off area which is considered to be a lesser priority than adding an additional three parking spaces. Under consideration of the recent changes to the Parking Standards there has been no change in the requirement for the retail area.

5.11 There has however been an increase in the number of spaces demanded for the residential properties. For the dwellings, where tandem parking has been designed into the scheme under the new standards, a further 4 spaces would be required for to provide the 0.50 spaces per dwelling. In addition, 4 further spaces would be needed to accommodate the flats above the smaller retail units. Whilst it is accepted that the total number of parking spaces on plot is not sufficient to meet the new parking standards the mixed-use nature of the local centre proposed will create a varied pattern of traffic movements and the benefit of allowing some journeys to be made on foot.

5.12 Travel Plan Co-Ordinator

This application will have a requirement for a Travel Plan. Local Centres themselves generally provide positive support in terms of travel planning. The local centre should support residents in reducing the need to travel further distances to access services. Trips of shorter distances are more likely to be made by active travel than residents travelling further afield. It is positive to note that the Travel Plan considers all end users and that benefit for all have been outlined in the travel plan. The Framework Travel Plan sets out proposals for full and outline planning permission, of which 2 of the proposals meet criteria for an individual travel plan. Therefore these 2 sites will require an individual Travel Plan: Retail (food store), 80 bed care home. There are some very good proposals being made which should positively help to reduce car use and encourage more sustainable forms of travel to and from the development as well as reducing the need to travel altogether. The comments above should be taken into account in the development of the Travel Plan. A suitably worded condition has been attached to secure this requirement.

5.13 Change in Location – Windfall Site

Due to the change in location of the proposed local centre there is potential for an additional parcel of land to come forward in the site which was originally allocated. Any proposals for this location would be subject to further applications which would be considered on their own merits in accordance with the relevant local and national policy framework. 5.14 Design

This application contains both outline and detailed elements however proposed 3D views have been provided showing the indicative site as a whole. The plans provided show the food store to have a simple modern appearance which is compatible for this location adjacent to Jersey Drive and is not considered to be out of character or scale with this part of Newton Leys. The original intended use for employment could have resulted in large industrial and commercial sized units and there is a case that this development will result in a less intensive scheme than might have been submitted. If this application is approved subsequent Reserved Matters applications would be submitted to the Local Planning Authority which would contain more details relating to finishes, materials and design features. It is concluded that the details submitted are acceptable in terms of appearance and form – the scheme also includes significant landscaping throughout which will create a high quality public realm.

5.15 The layout of the proposed Local Centre includes a large shared main parking area with vehicle access via an existing crossover from Jersey Drive with the day Nursery and Public House forming the two prominent corner buildings. These two feature buildings are seen as positive landmark structures at this key entrance into Newton Leys from the main junction connecting Drayton Road and Hebrides Gate. Although this application is a departure from the main employment function the proposal the layout is broadly similar in terms of the design as set out in the Newton Leys Design Code 2007 and will create a strong community hub for existing and future residents. The layout would enable residents to access the main shopping services from a central parking area which connects to nearby road networks.

5.16 The design of the buildings on site includes a variety of dwelling types with a mixture of styles and designs. These however are compatible with existing dwellings which have already been constructed and will create a mixed-use layout which will provide visual interest and an active relationship with Jersey Drive. The proposed care home forms a larger scale building at the northern most point of the site leading to Sark Drive which acts as a ‘bookend’ to the layout. The overall appearance of the centre would have a more domestic feel towards the north incorporating the main residential area with larger more substantial buildings to the South. Each piece of the development has associated landscaping which forms a comprehensive scheme to add amenity value to the local area. In design terms the scheme as a whole is considered to be acceptable with regards to Policy D2 and D2A of the Milton Keynes Local Plan 2001-2011.

5.17 Impact on the Local Area

The application site is currently undeveloped and has no formal landscaping or boundary treatment. The site has been left as scrubland and as result has not been formally managed. The creation of a local centre in this location will materially alter the appearance of the site not only from the wider public realm but also from the closest dwellings in Arran Way. The site however has from infancy stage of the proposal been allocated for development so the principle of change is long standing. The impact on the local area is seen as a positive step in providing a positive public facing vernacular to this entrance into Newton Leys. The outline elements of the scheme (Phases 3 to 5) would require subsequent reserved matters applications therefore the issues at this stage are focused mainly around Phase 1 and 2 whereby detailed plans have been submitted.

5.18 As part of the original application this site was to be developed for employment use and the change to a larger more complex local centre proposal has been established in principle. The anticipation is that the local centre will create a positive contribution to the residents of Newton Leys in terms of providing access to shops, services, further residential options and leisure opportunities. Alongside this however are the wider benefits for those who do not live within Newton Leys to utilise these facilities. The access to the local centre is close to a main road junction which connects the A4146 to Leighton Buzzard with Drayton Road leading into Bletchley and the rural connecting roads which join up with the A421 via Newton Longville. As a result there is expected to be a wider benefit of this development which should create stronger links with Newton Leys and the local area.

5.19 Visually the development of the local centre would impact upon the local area in terms of construction on a site which is currently vacant. The design however is considered to be acceptable in terms of the detailed part of the scheme at this stage and further details will be submitted for consideration under reserved matters applications in the future. This will allow the Local Planning Authority to continue to control the details, materials, landscaping and finishes of the development to ensure that the overall impact is consistent and of a high quality as the proceeding phases of the development are submitted for consideration.

5.20 The proposed local centre would be visible from the wider public realm, however impact is considered to be acceptable as none of the buildings proposed are deemed to be excessive in size or scale and the designs are appropriate. The creation of a mixed-use scheme in this location is considered to be a positive phase in the development of Newton Leys. On the basis of the above, it is considered that subject to the attached conditions, the application is compliant with Policy D2 and D2A of the Milton Keynes Local Plan.

5.21 Impact on Nearby Properties

The application site falls on the very eastern edge of Newton Leys which limits the relationship with residential dwellings – both proposed and existing. Arran Way is the closest part of the development and is the dwellings which face onto the application site which are likely to be most affected by the proposed works. This distance is considered to be acceptable in terms of Policy D1 and D2 of the Milton Keynes Local Plan 2001-2011. The elements which have been provided in detailed form have been assessed and the further phases would be considered under subsequent reserved matters applications which would enable the Local Planning Authority to secure more detailed information relating to the relevant proposals.

5.22 The Public House under Phase 5 has been located at the furthermost point to the residential units both existing and proposed. This is considered to be a sensible choice to limit noise from any patrons who are frequenting the venue by focusing the activity away from dwellings on Arran Way and Hebrides Gate. All dwellings are over 75 meters away from the proposed Public House and attached conditions have been requested by Environmental Health to ensure that noise levels are within acceptable limits. The Public House is submitted only at outline stage as part of this application so all details would be secured under a subsequent reserved matters application.

5.23 The block of six town houses are located within the main part of the local centre with three fronting onto the shared parking area and three with rear elevations facing onto Arran Way. The room layout of these town houses is such that accommodation is over three floors with small private gardens. There will be a distance of approximately 15 metres between the closest properties on Arran Way and the town houses however due to the layout these will only affect three dwellings. Whilst it is accepted that the town houses will create a three storey structure the properties themselves are relatively narrow and properties along Arran Way have their main habitable rooms to the rear therefore loss of amenity should be limited. There is also a small change in levels from Arran Way declining into the site which should further limit the impact.

5.24 Further along Arran Way the proposed smaller retail units with flats above will provide additional variety with regards to tenure creating a more varied pattern of occupancy. These six properties are separated by dwellings on Arran Way by a retaining gabion wall and provide accommodation only at first floor level. Whilst it is accepted that these units will alter the outlook from these dwellings the layout has been considered with amenity as a major consideration and the overall impact is deemed to be acceptable in accordance with Policy D1 of the Milton Keynes Local Plan 2001-2011.

5.25 Traveller Site Provision

The site proposed for the Public House has been previously secured for a site for Travellers’ Site under Outline Planning Permission 02/01337/OUT. This issue was raised early on the considerations process and a response was duly provided. An alternative provision has been scheduled further North along Jersey Drive and a like-for-like provision of 8 pitches has been in agreed in writing and it was confirmed that the exact location, design, and layout of the travellers site will be finalised when a detailed planning application is submitted by Taylor Wimpey South Midlands for this development parcel. Following this, the transfer of the travellers’ site to Milton Keynes Council for £1 can take place in accordance with clause 23 of the Section 106 agreement. As the development of Phase 5 would constitute a departure from the allocated use of the Travellers’ Site the application has been advertised accordingly.

5.26 Ecology

The Countryside Officer has assessed the submitted scheme and provided comments which include recommendations for relevant conditions to be attached to any permission. It is concluded that the site will have experienced significant disturbance, removal of habitat and features that may have provided biodiversity opportunities during earlier phases of this multi-phase development. As a result, biodiversity opportunities on the site have been reduced so that in its current condition, there are few, if any opportunities remaining. However, the developer is obliged to provide net gains for wildlife in order to discharge their obligations required by national and local policies. These requirements have been secured by conditions and the application would be compliant with Policy NE2 of the Milton Keynes Local Plan 2001- 2011.

5.27 Viability

Paragraph 22 of the NPPF 2012 states that sites allocated for employment use should avoid being protected in the long term where there is no reasonable prospect of a site being used for that purpose. Land allocations should be regularly reviewed. Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities.

5.28 Core Strategy Policy CS21 ‘Delivering Infrastructure’ states that New Development that generates a demand for infrastructure will only be permitted if the necessary on and off-site infrastructure required to support and mitigate the impact of that development is either: 1. already in place, or 2. there is a reliable mechanism in place to ensure that it will be delivered in the right place at the right time, to the required minimum high standards demanded by this Council and its partners.

The contributions sought have been assessed against the Community Infrastructure Levy Regulations and are considered to be in accordance with Regulations 122 and 123.

5.29 The Growth and Infrastructure Act 2013 (Section 7) inserts new clauses into s106 of the 1990 Town and Country Planning Act that introduces a new application and appeal procedure for the review of planning obligations on planning permissions which relate to the provision of affordable housing. The changes require a council to assess the viability arguments, to renegotiate previously agreed affordable housing levels in a S106, and change the affordable housing requirement to facilitate the continuation of the development.

5.30 The National Planning Policy Framework (NPPF) has a presumption in favour of sustainable development and emphasises the duty of the local planning authority to ensure development viability is not threatened.

“173. Pursuing sustainable development requires careful attention to viability and costs in plan-making and decision-taking. Plans should be deliverable. Therefore, the sites and the scale of development identified in the plan should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened. To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable.” "205. Where obligations are being sought or revised, local planning authorities should take account of changes in market conditions over time and, wherever appropriate, be sufficiently flexible to prevent planned development being stalled."

5.31 Planning Practice Guidance (PPG) Paragraph: 019 Reference ID: 10-019- 20140306 states that;

“In making decisions, the local planning authority will need to understand the impact of planning obligations on the proposal. Where an applicant is able to demonstrate to the satisfaction of the local planning authority that the planning obligation would cause the development to be unviable, the local planning authority should be flexible in seeking planning obligations. This is particularly relevant for affordable housing contributions which are often the largest single item sought on housing developments. These contributions should not be sought without regard to individual scheme viability. The financial viability of the individual scheme should be carefully considered in line with the principles in this guidance.”

5.32 The applicant has submitted a viability appraisal (See Annex B) and this has been independently assessed by a viability consultant appointed by the Council at the developers’ expense. The appraisal was submitted on the basis that the scheme could not afford to deliver the full s106 and affordable housing requirements. After several months of assessment and negotiations, we have secured what is considered to be an acceptable level of s106 and affordable housing following reaching agreement that the scheme could not afford the full level of contributions and remain viable. This includes a reduced developer’s profit level to accommodate the s106 and affordable housing offer. Appendix 1 contains the detailed contributions. The contributions from this development have been assessed against the wider Newton Leys development and relevant contributions sought accordingly. Certain contributions, such as those towards allotments, playing fields, local & district parks and sports hall will be provided by the developer under the Newton Leys Outline permission so have not been requested.

5.33 The contributions sought would be applied in accordance with Annex A and the below, which provides more information on how the contributions are to be allocated. Health Facilities: Towards the provision of a new health facility to be constructed on Newton Leys by NHS England (to be combined with the s106 funding from the Newton Leys Outline), or an alternative location serving the development as deemed appropriate by NHS England. Local Play and Neighbourhood Play: Towards the provision of new or improvement of existing play facilities serving the development, which may include facilities located within Newton Leys. Education Contributions: These are sought in accordance with the Education Facilities SPG, however a flexible approach has been agreed to enable all this contribution to be applied to the Newton Leys Primary school, which is under construction at present and therefore this development can contribute towards ensuring adequate school places are provided within the development. Community Hall: Towards improvements to the temporary community facility or permanent community facility to be provided under the Newton Leys Outline Permission to improve and enhance the community facilities serving the development.

5.34 The s106 contribution has been reduced by 12.36% / circa £82k to accommodate the viability position and the provision of Affordable Housing as set out in paragraph 5.37. Bletchley and Fenny Stratford Town Council have confirmed their unanimous support for the contributions and the affordable housing sought as set out in this report.

5.35 Affordable Housing

The Affordable Housing SPD 2013 states at paragraph 2.17 “As part of a residential development, the provision of affordable housing should be balanced with the need to deliver other services and infrastructure through planning obligations. These developer contributions will be negotiated by the Council on a case-by-case basis. Nevertheless, it is expected that subject to considerations of viability, all eligible residential development should meet the affordable housing requirements set out in this SPD plus any other developer contributions, in accordance with Local Plan Policy H6.”

5.36 Further, the SPD states (Paragraph 2.22) “Where the level of affordable housing provisions is considered to adversely affect viability, the Council will firstly seek a testing of using alternative tenure mixes. If viability is still adversely affected with a change from the preferred usual tenure mix, then the Council will work with the developer to assess any proposed reduction in the level of affordable dwellings provided.”

5.37 Based on this scheme of 34 residential units, the Affordable Housing SPD and Local Plan Policy H4 set out that the target is 30% Affordable Housing which would equate to 10 units, of which 9 should be Affordable Rent and 1 should be Shared Ownership. Following the completion of the viability assessment and balancing the need for other s106 contributions, it is considered that scheme can support 23.5% Affordable Housing which results in 8 affordable units. This will provide 5 Affordable Rented units and 3 Shared Ownership units.

5.38 It is accepted that there is a viability issue with this development, and whilst assessing the contributions careful consideration has been given to the requirements to ensure that the vital facilities which are currently lacking within Newton Leys are secured under this application, whilst working in conjunction with the wider Newton Leys permission for the delivery of the up to 1650 residential units along with the onsite infrastructure required to support the development including the primary school, community facility, playing fields and play facilities.

5.39 On balance, it is considered that the impacts of the development can be sufficiently mitigated with the application of the Section 106 requirements as set out in the table above and the provision of 23.5% (8 no.) Affordable Housing.

5.40 It is concluded that the need for local services for the existing and future residents of Newton Leys would be the priority in this instance to ensure that occupiers have access to nearby shops and amenities. The financial contribution sought cover the essential requirements related to this development and although the affordable housing provision would not reach 30% the scheme overall is supported at Officer Level.

6.0 CONDITIONS (The conditions that need to be imposed on any planning permission for this development to ensure that the development is satisfactory. To meet legal requirements all conditions must be Necessary, Relevant, Enforceable, Precise and Reasonable )

Full Elements – Phases 1 and 2

1. The development hereby permitted shall be wholly carried out in accordance with the submitted Phasing Plan P002 Rev S.

Reason: To ensure that the development is completed with regard to the phases of development and the associated works.

2. The development hereby permitted must be begun on or before whichever is the later of the following dates:

(i) Five years from the date of this permission or (ii) The expiration of two years from the date of the approval of the last matters to be approved

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

3. Notwithstanding the submitted details, delivery vehicles are permitted between 06:30 and 22:30 hours, Monday to Saturday; and 09:00 and 18:00 hours on a Sunday and Public Holiday. Refuse vehicles are to be restricted as per originally stated, i.e., 07:00 to 22:00 hours Monday to Saturday and 10:00 to 18:00 hours on a Sunday and Bank Holiday.

The operation of the supermarket is subject to the following noise criterion:-

The noise level due to on-site activities at the supermarket should not exceed the following levels in the proposed dwellings of any habitable room under suitable ventilation conditions:- i. LAr,1hr 35 dB in Living Rooms and Bedrooms during the daytime ii. LAr,15min 30 dB in Bedrooms at night (with LAmax 45 dB in Bedrooms at night)

And the noise levels at the façade of any existing dwellings shall not exceed:- i. LAr,1hr 45 dB during daytime ii. LAr,15min 40 dB at night-time (with a LAmax façade level of 54 dB)

Reason: To prevent any noise and disturbance to nearby properties and occupiers in accordance with Policy D1 (iv) of the Milton Keynes Local Plan 2001-2011.

4. All recommendations contained within Chapter 5: Ecological Enhancements and the Nature Conservation and Mitigation Strategy of the Land off Jersey Drive, Newton Leys: Ecological Assessment, RPS, May 2015 shall be implemented prior to the occupation of any unit/premises for each phase (1 – 5) as set out in the submitted Phasing Plan P002 Rev S.

Reason: In order to ensure that the local landscape and biodiversity.

5. Prior to any vibro-impact works on site, a risk assessment and method statement shall be submitted to for approval the Local Planning Authority and Network Rail for Phase 1 and 2 as set out in the submitted Phasing Plan P002 Rev S. All subsequent phases shall be carried out in accordance with those approved details and remain wholly compliant unless otherwise agreed in writing.

Reason: To prevent any piling works and vibration from de-stabilising or impacting the railway.

6. Prior to the commencement of any development on Phase 1 and 2 a lighting plan shall be submitted to the Local Planning Authority for approval. If any lighting is required within the vicinity of existing or newly created bat features, it shall be low level, with baffles to direct the light away from the features, thus preventing severance of bat commuting and foraging routes. The lighting shall be implemented in accordance with these details.

Reason: To ensure the European Protected Species is adequately protected in accordance with Circular 06/2005 and is in compliance with saved policy NE2 of Milton Keynes Local Plan2001-2011.

7. No part of the development for Phase 1 and 2 shall be occupied prior to the implementation of the approved Travel Plan dated January 2016. Those parts of the approved Travel Plan that are identified therein as being capable of implementation after occupation shall be actioned in accordance with the timetable contained within and shall continue to be implemented as long as any part of the development is occupied with a minimum of annual reporting for the first five years, biennially thereafter.

Reason: To ensure that sustainable transport options are available.

8. No clearance, building or other works shall commence for each development parcel (phases 1 to 5) until vehicle wheel cleansing facilities have been provided on the site to the satisfaction of the Local Planning Authority. Such facilities shall be used by all vehicles leaving the site for that development parcel and shall be permanently maintained in working order throughout the construction period.

Reason: To ensure that construction works do not prejudice conditions of safety and cleanliness along the neighbouring highway.

9. No site works for each development parcel shall commence until the whole site for that development parcel has been enclosed by a continuous solid fence or a heras fence in accordance with details to be agreed in writing by the Local Planning Authority. Such fencing shall remain until clearance and building works have been completed for that development parcel of development.

Reason: To protect the amenities of the locality.

10. Approval of the details of the remaining reserved matters pertaining to the development of the site (hereinafter called ''the reserved matters'') shall be obtained in writing from the Local Planning Authority before any development is commenced.

Reason: Outline Planning Permission only is granted in accordance with the application submitted and to comply with section 51 of the Planning and Compulsory Purchase Act 2004.

11. Prior to the commencement of the development details of the altered access shall be submitted to and be approved in writing by the Local Planning Authority. No part of the development shall be occupied until the access has been laid out and constructed in accordance with the approved details. The access so laid out shall be retained thereafter.

Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the development.

12. Prior to the occupation of the development hereby permitted the car parking area shown on the approved drawings shall be constructed, surfaced and permanently marked out. The car parking area so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose thereafter.

Reason: To ensure adequate parking provision at all times so that the development does not prejudice the free flow of traffic or the safety on the neighbouring highway.

13. No development shall take place until a scheme detailing access provision to and from the site for construction traffic has been submitted to and approved in writing by the Local Planning Authority. The details of the scheme shall show what arrangements will be made for controlling and restricting such vehicles to the approved points of access and egress and the scheme shall be operated throughout the period of construction work.

Reason: To ensure the safe operation of the surrounding road network in the interests of road safety.

14. Designated Footpath Bletchley / 026 which is close to the application site shall at no time be obstructed or blocked. The right of way shall remain open at all times during and post construction.

Reason: To ensure that the public footpaths are not adversely affected as part of the development.

15. Prior to work commencing on site relating to Phases 1 and 2, details of the locations and dimensions of all proposed bus stops shall be submitted to and approved in writing by the Local Planning Authority and the bus stops shall be implemented in accordance with the approved details.

Reason: To ensure that appropriate facilities are provided to accord with Policy T5 of the Milton Keynes Local Plan Saved Policies and Policy CS11 of the Core Strategy 2013.

16. No development shall commence until details of the covered and secure cycle stores for the development for each phase (1 – 2) as set out in the submitted Phasing Plan P002 Rev S 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.

Reason: In the interests of the appearance of the development and sustainable transport options.

17. The external materials to be used in the development shall be in accordance with samples to be submitted to and approved in writing by the Local Planning Authority before any work is commenced for each phase (1 – 2) as set out in the submitted Phasing Plan P002 Rev S.

Reason: To ensure that the development does not detract from the appearance of the locality.

18. Prior to the first occupation of any of the units/premises under Phases 1 and 2, full details shall be submitted demonstrating that this development is built to the Secured by Design standards. This requires the applicant to submit written details as to how they intend to achieve Secured by Design accreditation, prior to commencing on site and it should also ensure that the agreed details are implemented and accreditation certification obtained. Reason: To ensure that the Local Centre is constructed in-line with Secured by Design guidelines. 19. For the avoidance of doubt, the parking spaces provided for the residential properties not located within residential curtilages shall not at any times be identified either through markings or signage. Reason: To ensure that shared spaces are not allocated in individual properties and remain available for communal use at all times. 20. No site clearance or building operations for each phase (1 to 5 inclusive) shall commence until details have been submitted and approved by the Local Planning Authority showing protective fencing of a height of not less than 1.5 metres to be erected around each existing tree on or adjoining the site, in accordance with the root protection areas specified in BS 5837 2005 Trees in Relation to Construction, and alongside each hedgerow at 1.5 metres from the extremity of the hedge. The agreed fencing shall be erected and the area thus enclosed shall be kept clear of all excavated material, building materials, plant and rubbish throughout the construction period.

Reason: To adequately safeguard the trees and hedges on and around the site.

21. Prior to the commencement of development for each phase (1 – 5 inclusive) as set out in the submitted Phasing Plan P002 Rev S, a soft landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall show all existing landscaping features to be retained or removed and the numbers, types and sizes of new trees and shrubs to be planted including the planting and their location in relation to proposed roads, footpaths and drains. The soft landscaping scheme shall be fully provided in accordance with the approved details within twelve months of the commencement of development. Any trees or shrubs removed, dying, severely damaged or diseased within two years of planting shall be replaced in the next planting season with trees or shrubs of such size and species as may be approved in writing by the Local Planning Authority.

Reason: In the interests of the visual amenities in the locality in accordance with saved Policy D2 of the Milton Keynes Local Plan.

22. Prior the commencement of development for each phase (1 – 5 inclusive) as set out in the submitted Phasing Plan P002 Rev S, details of the hard landscaping including the proposed surface treatments to all adoptable and non-adoptable roads, footways, parking courts and private driveways shall be submitted to and approved in writing by the Local Planning Authority. The proposed hard landscaping shall be provided in accordance with the approved details prior to the occupation of any dwelling served by that road, footway, parking court, or private driveway and maintained thereafter.

Reason: In the interests of the visual amenities of the locality in accordance with saved Policy D2 of the Milton Keynes Local Plan.

23. Prior to the commencement of development of the apartments, details of the proposed storage of refuse and materials for recycling for the apartments shall be submitted to and approved in writing by the Local Planning Authority. The approved storage facilities shall be provided for each apartment prior to the first occupation of that apartment and shall thereafter be maintained for the purpose of refuse and recycling storage and used for no other purpose.

Reason: In the interests of amenity and to secure a satisfactory standard of development in accordance with saved Policy D4 of the Milton Keynes Local Plan.

24. Prior to any development above slab level and notwithstanding the details shown on drawing 11277 – SP017 revision D, full details of vehicle tracking in respect of the 16.5, HGV reversing into Loading Bay shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be brought into use until such time that the vehicle manoeuvring area associated with this movement has been laid out and constructed in accordance with the approved details.

Reason: To enable vehicles to draw off, park and turn clear of the highway to minimise danger, obstruction and inconvenience to users of the adjoining highway.

25. Prior to the commencement of any development, a revised plan shall be submitted in writing to the Local Planning Authority for approval showing the drop-off area removed and additional vehicle parking spaces as a substitute. The development shall be carried out in accordance with the approved information.

Reason: To limit the shortfall of parking spaces to serve the local centre.

26. Prior to any development taking place for each phase (1 and 2 inclusive), the developer shall carry out an assessment of ground conditions to determine the likelihood of any ground, groundwater or gas contamination of the site in accordance with BS 10175:2001 Investigation of Potentially Contaminated Sites - Code of Practice. The results of this survey, together with any remedial action deemed necessary, shall be submitted to and approved by the Local Planning Authority before works commence. Any remedial works shall be carried out in accordance with the approved strategy and validated by submission of an appropriate verification report prior to the first occupation of the development. Should any unforeseen contamination be encountered during site works, the Local Planning Authority shall be informed immediately.

Reason: To ensure that the site is safe and suitable for its proposed use.

27. Prior to the commencement of the development hereby permitted (phases 1 to 5 inclusive) a detailed design, and associated management and maintenance plan, for a surface water drainage scheme, based on sustainable drainage principles for the site shall be submitted to and be approved in writing by the local planning authority. The management and maintenance plan shall include a detailed time table for the implementation of the surface water drainage scheme. The approved drainage scheme shall subsequently be implemented in accordance with the approved detailed design and in accordance with the approved time table for implementation and be retained thereafter.

Reason: To ensure satisfactory and sustainable surface water drainage to prevent the increased risk of flooding on or off site.

28. Prior to the commencement of any development within Phase 1, revised details shall be submitted showing a widened service bay to the rear of the food store. These plans shall show the hard surfacing increased in order to avoid vehicles tracking over the landscape verge. The development shall be carried out in accordance with the approved information.

Reason: To ensure that vehicles can manoeuvre around the site safely.

Outline Elements – Phases 3 to 5

1. The development hereby permitted must be begun on or before whichever is the later of the following dates:

(i) Five years from the date of this permission or (ii) The expiration of two years from the date of the approval of the last matters to be approved

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004

2. Notwithstanding the submitted details, delivery vehicles are permitted between 06:30 and 22:30 hours, Monday to Saturday; and 09:00 and 18:00 hours on a Sunday and Public Holiday. Refuse vehicles are to be restricted as per originally stated, i.e., 07:00 to 22:00 hours Monday to Saturday and 10:00 to 18:00 hours on a Sunday and Bank Holiday.

The operation of the supermarket is subject to the following noise criterion:-

The noise level due to on-site activities at the supermarket should not exceed the following levels in the proposed dwellings of any habitable room under suitable ventilation conditions:- i. LAr,1hr 35 dB in Living Rooms and Bedrooms during the daytime ii. LAr,15min 30 dB in Bedrooms at night (with LAmax 45 dB in Bedrooms at night)

And the noise levels at the façade of any existing dwellings shall not exceed:- i. LAr,1hr 45 dB during daytime ii. LAr,15min 40 dB at night-time (with a LAmax façade level of 54 dB)

Reason: To prevent any noise and disturbance to nearby properties and occupiers in accordance with Policy D1 (iv) of the Milton Keynes Local Plan 2001-2011.

3. All recommendations contained within Chapter 5: Ecological Enhancements and the Nature Conservation and Mitigation Strategy of the Land off Jersey Drive, Newton Leys: Ecological Assessment, RPS, May 2015 shall be implemented prior to the occupation of any unit/premises for each phase (1 – 5 inclusive) as set out in the submitted Phasing Plan P002 Rev S.

Reason: In order to ensure that the local landscape and biodiversity.

4. A Biodiversity Enhancement Scheme detailing specifications and locations of biodiversity enhancements shall be submitted to the Local Planning Authority for approval prior to commencement of any development above slab level for each phase (1 – 5 inclusive) as set out in the submitted Phasing Plan P002 Rev S. The development shall be carried out in accordance with the approved information.

Reason: In order to ensure that the local landscape and biodiversity are protected and enhanced.

5. A lighting plan shall be submitted to the Local Planning Authority for approval prior to the commencement of the development for each phase (3 – 5 inclusive) as set out in the submitted Phasing Plan P002 Rev S. If any lighting is required within the vicinity of existing or newly created bat features, it shall be low level, with baffles to direct the light away from the features, thus preventing severance of bat commuting and foraging routes. The development shall be carried out in accordance with the approved information.

Reason: To ensure the European Protected Species is adequately protected in accordance with Circular 06/2005 and is in compliance with saved policy NE2 of Milton Keynes Local Plan2001-2011.

6. No part of the development for Phases 3 to 5 inclusive shall be occupied prior to the implementation of the approved Travel Plan dated January 2016. Those parts of the approved Travel Plan that are identified therein as being capable of implementation after occupation shall be actioned in accordance with the timetable contained within and shall continue to be implemented as long as any part of the development is occupied with a minimum of annual reporting for the first five years, biennially thereafter.

Reason: To ensure that sustainable transport options are available.

7. No clearance, building or other works shall commence for each development parcel (phases 1 to 5 inclusive) until vehicle wheel cleansing facilities have been provided on the site to the satisfaction of the Local Planning Authority. Such facilities shall be used by all vehicles leaving the site for that development parcel and shall be permanently maintained in working order throughout the construction period.

Reason: To ensure that construction works do not prejudice conditions of safety and cleanliness along the neighbouring highway.

8. No site works for each development parcel shall commence until the whole site for that development parcel has been enclosed by a continuous solid fence or a heras fence in accordance with details to be agreed in writing by the Local Planning Authority. Such fencing shall remain until clearance and building works have been completed for that development parcel of development.

Reason: To protect the amenities of the locality.

9. Approval of the details of the remaining reserved matters pertaining to the development of the site (hereinafter called ''the reserved matters'') shall be obtained in writing from the Local Planning Authority before any development is commenced.

Reason: Outline Planning Permission only is granted in accordance with the application submitted and to comply with section 51 of the Planning and Compulsory Purchase Act 2004.

10. Designated Footpath Bletchley / 026 which is close to the application site shall at no time be obstructed or blocked. The right of way shall remain open at all times during and post construction.

Reason: To ensure that the public footpaths are not adversely affected as part of the development.

11. Prior to the first occupation of any of the units/premises under Phases 3 to 5 inclusive, full details shall be submitted demonstrating that this development is built to the Secured by Design standards. This requires the applicant to submit written details as to how they intend to achieve Secured by Design accreditation, prior to commencing on site and it should also ensure that the agreed details are implemented and accreditation certification obtained. No changes shall be made to the development unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the Local Centre is constructed in-line with Secured by Design guidelines. 12. No site clearance or building operations for each phase (1 to 5 inclusive) shall commence until details have been submitted and approved by the Local Planning Authority showing protective fencing of a height of not less than 1.5 metres to be erected around each existing tree on or adjoining the site, in accordance with the root protection areas specified in BS 5837 2005 Trees in Relation to Construction, and alongside each hedgerow at 1.5 metres from the extremity of the hedge. The agreed fencing shall be erected and the area thus enclosed shall be kept clear of all excavated material, building materials, plant and rubbish throughout the construction period. Reason: To adequately safeguard the trees and hedges on and around the site

13. Prior to the commencement of development for each phase (1 – 5 inclusive) as set out in the submitted Phasing Plan P002 Rev S, a soft landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall show all existing landscaping features to be retained or removed and the numbers, types and sizes of new trees and shrubs to be planted including the planting and their location in relation to proposed roads, footpaths and drains. The soft landscaping scheme shall be fully provided in accordance with the approved details within twelve months of the commencement of development. Any trees or shrubs removed, dying, severely damaged or diseased within two years of planting shall be replaced in the next planting season with trees or shrubs of such size and species as may be approved in writing by the Local Planning Authority.

Reason: In the interests of the visual amenities in the locality in accordance with saved Policy D2 of the Milton Keynes Local Plan.

14. Prior the commencement of development for each phase (1 – 5) as set out in the submitted Phasing Plan P002 Rev S, details of the hard landscaping including the proposed surface treatments to all adoptable and non-adoptable roads, footways, parking courts and private driveways shall be submitted to and approved in writing by the Local Planning Authority. The proposed hard landscaping shall be provided in accordance with the approved details prior to the occupation of any dwelling served by that road, footway, parking court, or private driveway and maintained thereafter.

Reason: In the interests of the visual amenities of the locality in accordance with saved Policy D2 of the Milton Keynes Local Plan.

15. Prior to any development taking place for each phase (3-5 inclusive), the developer shall carry out an assessment of ground conditions to determine the likelihood of any ground, groundwater or gas contamination of the site in accordance with BS 10175:2001 Investigation of Potentially Contaminated Sites – Code of Practice. The results of this survey, together with any remedial action deemed necessary, shall be submitted to and approved by the Local Planning Authority before works commence. Any remedial works shall be carried out in accordance with the approved strategy and validated by submission of an appropriate verification report prior to the first occupation of the development. Should any unforeseen contamination be encountered during site works, the Local Planning Authority shall be informed immediately.

Reason: To ensure that the site is safe and suitable for its proposed use.

16. Prior to the commencement of the development hereby permitted a detailed design, and associated management and maintenance plan, for a surface water drainage scheme, based on sustainable drainage principles for the site shall be submitted to and be approved in writing by the local planning authority. The management and maintenance plan shall include a detailed time table for the implementation of the surface water drainage scheme. The approved drainage scheme shall subsequently be implemented in accordance with the approved detailed design and in accordance with the approved time table for implementation and be retained thereafter.

Reason To ensure satisfactory and sustainable surface water drainage to prevent the increased risk of flooding on or off site.

Appendix to 15/01695/FUL

A1.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site – this may not include every planning application relating to this site, only those that have a bearing on this particular case)

A1.1 15/00753/EIASCR Screening opinion request for proposed local centre at Newton Leys EIANRQ 13.05.2015

A2.0 ADDITIONAL MATTERS

(Matters which were also considered in producing the Recommendation)

A2.1 An application under reference 15/01820/FUL was submitted and approved under delegated powers for the creation of a 66 bed care home on the site of the care home which forms part of Phase 3 of this application under an outline component.

A3.0 CONSULTATIONS AND REPRESENTATIONS (Who has been consulted on the application and the responses received. The following are a brief description of the comments made. The full comments can be read via the Council’s web site)

Comments Officer Response

A3.1 Newton Leys Residents’ Association Noted.

‘At our meeting this evening the local residents’ association for Newton Leys discussed the application by Asda at the proposed local centre. A unanimous decision was taken at the meeting to support the development on the centre. Currently our residents are travelling to Central Milton Keynes, Bletchley, Stoke Hammond, Newton Longville and even Leighton Buzzard to complete their shopping requirements. Henry Davidson have met with us on a number of occasions to provide information in relation to their plans, and have been very receptive to feedback that they have been given. We would like to thank them for the level of community engagement that they have undertaken.

A3.2 We would ask that any concerns of residents living in Arran Noted. Way are taken into account, and perhaps issues reconsidered by the Crime Prevention Design Advisor, and/or resolved by way of conditions. We confirm that we have also written to the Milton Keynes Licensing Authority in support of the premises license application for the food store operator Asda Stores Limited.

A3.3 Henry Davidson have met with us on a number of Noted. occasions to provide information in relation to their plans, and have been very receptive to feedback that they have been given. We would like to thank them for the level of community engagement that they have undertaken. There is a strong demand for this much needed local centre to be developed as soon as possible. We would encourage Milton Keynes Council to ensure that this application is determined as soon as possible ensuring this much-needed community facility is developed as soon as possible.

A3.4 Bletchley and Fenny Stratford Town Council Noted.

‘I am emailing to confirm that I attended the Regeneration Committee Meeting last night and can confirm unanimous support from Bletchley and Fenny Stratford Town Councillors in regard of the Newton Leys Local Centre 15/01695/FUL.’

A3.5 Cllr Alan Webb Noted.

On this occasion I support the comment of Mr Perrie and his due concern's please put the issue into due consideration we all want this site as welcome as it is to be completely user friendly and want no regrets should the site as a whole be recommended, to which I also support the Newton Leys Resident Association in the decisions that are made and closely watch resident concerns and issue's that may arise.

A3.6 Footpath Officer Noted and see Condition in Section 6.

The proposal includes the diversion of footpath Bletchley/026. I do not object to the diversion in principle, but currently the footpath is effectively unusable because of the building work. I suggest that one of the conditions for approval is that the footpath should remain open at all times and the route be adequately signposted.

A3.7 Natural England Noted.

Based upon the information provided Natural England advises the Council that the proposal is unlikely to affect any statutorily protected sites or landscapes.

A3.8 Countryside Officer Noted.

The proposed application site is part of an ongoing phased development that has been under construction for several years. The site has experienced significant disturbance, removal of habitat and features that may have provided biodiversity opportunities during earlier phases of this multi- phase development. As a result, biodiversity opportunities on the site have been reduced so that in its current condition, there are few, if any opportunities remaining. However, the developer is obliged to provide net gains for wildlife in order to discharge their obligations required by national and local policies.

A3.9 A Great Crested Newt translocation exercise has already Noted. been undertaken of the wider development site and permanent newt fencing has been erected, preventing amphibians or reptiles re-colonising the proposed construction zone. The Ecological Assessment submitted in support of the application includes recommendations for biodiversity enhancements for a variety of species, including bat and bird boxes. Any nesting or roosting features for birds or bats that are offered as biodiversity enhancements should be permanently built into buildings or structures. Built-in features require virtually no maintenance and are likely to last with minimal attention for as long as the buildings exist. Boxes mounted on trees or the exterior of buildings would not be acceptable as they are not sustainable and could not be considered a permanent benefit for wildlife. All bird and bat features should be constructed from “woodcrete” or a similar, robust material and built into dwellings in appropriate locations. Care should be taken to avoid building in wildlife features above opening windows or doors.

A3.10 An Ecology Management Plan which covers the ecological Noted. features of the development should be produced and submitted to the LPA for approval prior to commencement of the development. It is important to ensure that a wide diversity of native species is included in the final landscape plans. Landscape planting should comprise of native species, particularly those that provide shelter or food sources such as seeds, fruit, berries, nuts, nectar and should include winter-flowering species.

A3.11 A “bat friendly” lighting scheme should be developed for the Noted and see Conditions in Section 6. site. In line with paragraph 125 of the National Planning Policy Framework, the development should aim to limit the impact of light pollution on wildlife through the careful use of lighting in critical areas only, at a low level with minimum spillage. Any lighting, either temporary or permanent, along the site boundaries, particularly adjacent to the Jubilee Brook or close to bat features built into any structure should be kept to a minimum and directed away from the boundary or features to ensure there is no increase in light levels.

A3.12 Environmental Health

Further to my comments of the 23rd September 2015, I have been advised by the Applicants appointed Acoustic Consultant, that my suggested condition “Refuse collections, deliveries and auxiliary activities in the external service yard areas shall be restricted to 07:00 to 22:00 hours Monday to Saturday and 10:00 to 18:00 hours on a Sunday and Bank Holiday” would present difficulties to the operation of the store.

A3.13 I have therefore agreed the following :- Noted and see Condition in paragraph 6.

Delivery Vehicles are permitted between 06:30 and 22:30 hours, Monday to Saturday; and 09:00 and 18:00 hours on a Sunday and Public Holiday. Refuse vehicles are to be restricted as per originally stated, i.e., 07:00 to 22:00 hours Monday to Saturday and 10:00 to 18:00 hours on a Sunday and Bank Holiday.

The operation of the supermarket is subject to the following noise criterion:-

The noise level due to on-site activities at the supermarket should not exceed the following levels in the proposed dwellings of any habitable room under suitable ventilation conditions:- i. LAr,1hr 35 dB in Living Rooms and Bedrooms during the daytime ii. LAr,15min 30 dB in Bedrooms at night (with LA max 45 dB in Bedrooms at night)

And the noise levels at the façade of any existing dwellings shall not exceed:- i. LAr,1hr 45 dB during daytime ii. LAr,15min 40 dB at night-time (with a LA max façade level of 54 dB)

A.14 Development Plans – Planning Policy Noted.

The local centre site is being relocated from its previous position in phase 5; see planning reference 14/02035/FUL, because in its new position, it is much more visible from Jersey Drive and accessible by a variety of means of transport. A3.15 No retail impact or sequential assessment has been Noted. requested for this scheme as it is in a local centre the provision of which is encouraged on Newton Leys by LP policies KS1 and LC1. No objection is raised in principle to community facilities and residential units being developed in a local centre (LP policies C1 and TC19). As there will be a supermarket in the local centre no objection in principal is raised to A1-A3 and A5 units being in this location (LP policy LC2 ) The scale and nature of the retail and other facilities proposed within the Local Centres is considered to be consistent with its role and function as a local Centre (LP policy LC3). A3.16 The two key policy issues to address are: Noted. 1) Is the loss of employment land to other uses acceptable and 2) Is the loss of the travellers’ site proposed at Newton Leys acceptable? On the one hand planning permission will normally be refused for the change of use or redevelopment of any land identified for employment use on the Proposals Map to other purposes, LP policy E1, but as the applicants agent Rapleys points out in their planning statement (para 6.67, p.38) the loss of employment is small at 2.17 ha, this equates to about 1% of the Employment land supply within the Borough identified in the Milton Keynes Council Core Strategy (2013) at 216.3 ha. Given the quantity of land available within the Borough for B1 and B8 purposes, this proposal will not significantly reduce the provision of local employment opportunities. A3.17 Among the factors in support of this application provided all Noted. site specific factors are acceptable are the Council does not have a 5 year housing land supply and the presumption in favour of sustainable development in both the NPPF and policy CSA. The one major uncertainty about this proposal is will accommodation for travellers which LP policy H12 identifies as being provided at Newton Leys be provided? A3.18 Policy LC1 (New Local Centres) identifies that Newton Leys Noted. is one of the areas where a site is allocated for the provision of a local centre. Policy LC2 (Non-retail uses in local centres) states that “Planning permission will be granted for non-retail uses in Local Centres if: (i) At least one general convenience store will remain in the centre (ii) The proposed use would not adversely affect the amenity of neighbouring properties or the surrounding area.” Policy LC3 (New development in Local Centres) states “Planning permission will be granted for new retail and other facilities in Local Centres provided the scale and nature of the proposal is consistent with their role and function as Local Centres. A3.19 Policy E1 (Protection of Employment land) Noted. Within the City of Milton Keynes and the three Key Settlements, planning permission will be refused for the change of use or redevelopment of any land identified for employment use on the Proposals Map to other purposes, unless there would be no conflict with existing or potential neighbouring uses and: (i) The proposal would result in a significant reduction in the detrimental environmental impact of an existing use; or (ii) The proposed use is one that cannot be satisfactorily accommodated other than in an employment area; or (iii) The proposed use will not significantly reduce the provision of local employment opportunities.

A3.20 Policy TC19 (Housing in Town District and Local Centres) Noted. Planning permission will be granted for residential use within CMK, Town, District and Local centres in the following circumstances…. (iii) As part of larger mixed use development schemes LP Policy C1 (Location of Community facilities) Planning permission will be granted for: non-residential community facilities within, or adjacent to local centres and residential community facilities within housing areas preferably in locations well related to local centres Housing policies H1, H2.H4 H5, H7, H8, and H9. H12 Sites for travellers identifies the former Jubilee Brickworks at Newton Leys as a Travellers site A3.21 Environment Agency Noted.

The site is located above a Secondary Aquifer. However, we do not consider this proposal to be High Risk. Therefore, we will not be providing detailed site-specific advice or comments with regards to land contamination issues for this site. The developer should address risks to controlled waters from contamination at the site, following the requirements of the National Planning Policy Framework and the Environment Agency Guiding Principles for Land Contamination.

A3.22 Network Rail Noted and see Condition in Section 6

If vibro-compaction machinery / piling machinery or piling and ground treatment works are to be undertaken as part of the development, details of the use of such machinery and a method statement should be submitted to the Network Rail Asset Protection Engineer. All works shall only be carried out in accordance with the method statement and the works will be reviewed by Network Rail. The Network Rail Asset Protection Engineer will need to review such works in order to determine the type of soil (e.g. sand, rock) that the works are being carried out upon and also to determine the level of vibration that will occur as a result of the piling. The impact upon the railway is dependent upon the distance from the railway boundary of the piling equipment, the type of soil the development is being constructed upon and the level of vibration. Each proposal is therefore different and thence the need for Network Rail to review the piling details / method statement. If vibro-impact equipment is to be used we would request a condition is added to the planning consent as follows: “Prior to any vibro-impact works on site, a risk assessment and method statement shall be submitted to the LPA and Network Rail.” Reason – to prevent any piling works and vibration from de-stabilising or impacting the railway.

A3.23 Travel Plan Co-Ordinator Noted.

Local Centres themselves generally provide positive support in terms of travel planning. The local centre should support residents in reducing the need to travel further distances to access services. Trips of shorter distances are more likely to be made by active travel than residents travelling further afield. It is positive to note that the Travel Plan considers all end users and that benefit for all have been outlined in the travel plan. It is positive that there is commitment for a Travel plan co-ordinator to be in place prior to occupation. As the Travel Plan suggests the Travel Plan co-ordinator details should be sent to Milton Keynes Council. Once available the Travel Plan co-ordinator details must be sent to [email protected] The overall aim ‘to develop a package of measures which promote safe and sustainable travel to and from the site, where possible encouraging alternatives to the private car’ is sensible.

A3.24 In the full Travel Plan the action plan will need to be Noted and see attached condition in Section 6. expanded to include when all the measures will be carried out and have a budget associated with the measures to ensure they can be carried out. The full Travel Plan (encompassing this action plan) must be approved by Milton Keynes Council. The action plan must encompass all travel planning measures outlined in the body of the Travel Plan. The Travel Plan must be monitoring annually for the first 5 years following occupation and biennially thereafter, with surveys and updates to the Travel Plan being reported to Milton Keynes Council for approval. The Travel Plan currently states that it is intended that monitoring will be ongoing for at least 5 years. The timescales will therefore need to be updated. The Framework Travel Plan sets out proposals for full and outline planning permission, of which 2 of the proposals meet criteria for an individual travel plan. Therefore these 2 sites will require an individual Travel Plan: Retail (food store), 80 bed care home. There are some very good proposals being made which should positively help to reduce car use and encourage more sustainable forms of travel to and from the development as well as reducing the need to travel altogether. The comments above should be taken into account in the development of the Travel Plan.

A3.25 Highways Engineer

Since the previous comments dated 11th November a number of matters have been re-assessed and the following comments deal with those issues. The applicant has now submitted revised arrangements that show a verge separating the redway from the carriageway at the junctions and this is now acceptable. The new arrangement has though, resulted in the loss of two car parking spaces from the main car park to avoid parked vehicles encroaching over the redway.

A3.26 With the loss of these two car parking spaces the overall Noted and see condition attached. shortfall against the previous standards is 21 spaces. I recommend that the applicant do everything they can to reduce the shortfall. One obvious area where spaces could be accommodated is the ‘drop off’ area. I honestly don’t see this being used for drop off as taxis will drop customers off as near to the food store as possible. This area could potentially accommodate 3 car parking spaces.

A3.27 The new parking standards (adopted 11th January 2016) Noted. show the need for an additional 8 unallocated (visitor) spaces in respect of the residential element of the planning application.

A3.28 The applicant has submitted vehicle tracking details for a Noted and see condition attached. delivery wagon to the proposed store. These have been examined by highway engineers and this has found that the reversing manoeuvre into the service bay cannot be undertaken without the vehicle tracking over landscape verge.

A3.29 This can be rectified by widening the hard surface area and this will be conditioned as part of any planning consent.

A3.30 Local Flood Authority Noted and see condition.

Just to confirm, I am still awaiting clarification from the applicants on a minor point of the above application. Once this has been received I am happy to remove our initial objection subject to the following condition being added to any planning approval.

A3.31 Condition to read: Noted.

‘Prior to the commencement of the development hereby permitted a detailed design, and associated management and maintenance plan, for a surface water drainage scheme, based on sustainable drainage principles for the site shall be submitted to and be approved in writing by the local planning authority. The management and maintenance plan shall include a detailed time table for the implementation of the surface water drainage scheme. The approved drainage scheme shall subsequently be implemented in accordance with the approved detailed design and in accordance with the approved time table for implementation and be retained thereafter.

Reason To ensure satisfactory and sustainable surface water drainage to prevent the increased risk of flooding on or off site.’

A3.32 Crime Prevention Design Advisor Noted.

Having gone through the submitted revised plans I am happy with what I have received. Relevant condition attached.

A3.33 Local Residents The occupiers of 72 properties were notified of the application within the following address points:

St Helena Avenue Arran Way Hebrides Gate Antigua Way San Andres Drive Grenada Crescent Sark Drive Lundy Walk Drayton Road

A3.34 A total of 3 public representations were received from the Noted. occupiers of two properties in Arran Way and one letter on behalf of the Newton Leys Residents’ Association. The following issues were raised:

A3.35 - Access footpath from Arran Way. Noted and this access has now been removed from the scheme. A3.36 - Townhouse design and impact. Noted. A3.37 - Boundary treatment. Noted and more detailed plans of the proposed boundary treatment have been provided in accordance with Crime Prevention Design Advisor advice. A3.38 - Nursery bin store location. Noted. This part of the application is outline only so all detailed matters will be assessed during the reserved matters stage. However waste management details have been submitted and assessed. A3.39 - Mixed use unit balconies. Noted and these have now been removed from the scheme. A3.40 - Development rendering colour. Noted. An attached condition will ensure that all external material details are submitted for consideration. A3.41 - Support for the application from local residents. Noted and the scheme is recommended for approval subject to conditions and the completion of a s106 agreement.

Annex A

The section 106 requirements for this matter have been assessed based on the anticipated impacts of the scheme. The table below sets out the s106 contributions sought from this development.

Contribution Heading Amount Allocation Library £15,207.10 Towards improvements at Bletchley Library Health Facilities £105,220.84 Newton Leys Health Facility Waste Receptacles £3,248.32 Provision of waste receptacles such as sacks, bins and recycling facilities Towards either an onsite Public Art project, or to be combined with the wider Public Art £26,177.59 Newton Leys project. Local Play £24,310.48 Towards either new facilities or enhancing existing facilities within Newton Leys Neighbourhood Play £23,152.83 Towards either new facilities or enhancing existing facilities within Newton Leys Community Hall £7,167.50 Newton Leys temporary or permanent community facility Onsite POS Maintenance (to be combined with Newton Leys Outline POS POS Maintenance £74,243.43 maintenance) Education Early Years £23,012.84 Newton Leys Primary Education Primary pupils £113,710.46 Newton Leys Primary Education Secondary pupils £122,385.95 Either Leon, or flexibility to allocate to Newton Leys Primary Education Post 16 pupils £26,546.01 Either Leon, or flexibility to allocate to Newton Leys Primary Carbon Offsetting £16,516.64 Carbon Offset Fund Overall Total £580,900.00