Committee Report

COMMITTEE REPORT

Application Ref. DISCN/00123/19

Redditch Gateway, Land Adjacent To The A4023 Coventry Highway, Site Address East Of Ravensbank And Winyates Green, Redditch

Description of Discharge of Condition 19 HGV Routing Strategy and 20 HGV Development Surveys of planning permission 18/03746/VARY

Applicant Stoford Gorcott Limited

Reason for Referral In accordance with resolutions to grant 17/01847/OUT and S73 to Committee 18/03746/VARY

Case Officer Alice Cosnett

Presenting Officer Alice Cosnett

Ward Member(s) Councillor P Hencher-Serafin

Town/Parish Mappleborough Green Parish Council Council . Southern development parcel allocated under REDD.1: Winyates Green Triangle, Mappleborough Green . Northern development parcel allocated under REDD.2: Description of Site Winyates Green Triangle, Mappleborough Green Constraints . Application site falls within the jurisdictions of Stratford on Avon District Council, Bromsgrove District Council and Redditch Borough Council

Summary of . APPROVE Condition 19 – HGV Routing Strategy Recommendation . PART-APPROVE Condition 20 – HGV Surveys

DESCRIPTION OF PROPOSAL

Planning Committee resolved to grant planning permission for the development of Redditch Gateway under 17/01847/OUT, and a S73 variation to this permission under 18/03746/VARY.

Both consents were subject to a number of conditions, including:

Condition 19 – HGV Routing Strategy Prior to first use of the development hereby approved, a Heavy Goods Vehicle (HGV) Routing Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Strategy shall include a clear diagram identifying the routes, with measures and monitoring procedures demonstrated. The Strategy shall be implemented and monitored in accordance with the approved details. In the event of failing to meet the requirements of the Strategy, a revised Strategy shall be submitted to and approved in writing by the Local Planning Authority to address any shortfalls and, where necessary, make provision for and identify mitigation for the impacted communities. The Strategy thereafter shall be implemented and may be updated in accordance with schemes to be submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of the safe and efficient operation of the highway network, particularly along the A435 through Studley and Mappleborough Green, and through Tanworth in Arden and Henley in Arden, and to protect the amenity of residential properties in accordance with the provisions of Policies CS. 9 and CS.26 of the adopted Stratford-on-Avon Core Strategy (2011-2031).

Condition 20 – HGV Surveys HGV Surveys shall be submitted to and approved in writing by the Local Planning Authority to demonstrate the implementation and operation of the HGV Routing Strategy (Condition 19). The methodology for undertaking the HGV Surveys shall be submitted to and approved in writing by the Local Planning Authority prior to the undertaking of the HGV Surveys. The first HGV Surveys shall be undertaken and the results submitted to the Local Planning Authority within the first month of the first use of any part of any phase of the development hereby approved and thereafter on an annual basis for the lifetime of the development.

This discharge of condition application seeks the approval of the HGV Routing Strategy which has been submitted under condition 19 of 18/03746/VARY, and part-approval of condition 20 (the methodology for undertaking the HGV Surveys).

In resolving to grant planning permission for the development, Committee removed delegated authority to determine any condition submissions against conditions 19 (HGV Routing Strategy) and 20 (HGV Surveys). Therefore, whilst the determination of discharge of condition applications is generally delegated to officers, this discharge of condition submission is triggered to Planning Committee as a result of the resolution to grant 17/01847/OUT and 18/03746/VARY.

Development Plan

Stratford-on-Avon District Core Strategy (2011-2031)

Other Material Considerations Central Government guidance  NPPF 2019 & PPG  Circular 06/05: Biodiversity and Geological Conservation

Other Planning Documents and Guidance  Redditch Borough Local Plan 2011-2031  Bromsgrove District Plan 2011-2030  Stratford on Avon District Design Guide (information guidance)  Development Requirements SPD – the Council has formally adopted the following parts of the Development Requirements SPD: o Part A, B,C, D, E, F, G, J, L, M, N, P, Q, S, T and U o Parts H, I, K, O and R due for adoption Summer 2019 The adopted parts have full weight in the determination of applications  Air Quality Action Plan for Alcester Road, Studley  Warwickshire Local Transport Plan 2011-2023

SUMMARY OF RELEVANT HISTORY

Reference Proposal Decision and date Number

18/03746/VARY Variation of conditions 2 and 8 to amend the Granted parameters of development for the northern 10.04.2019 development parcel, and Phase 1 Ground Engineering works (and changes to conditions 12, 16, 18, 21, 29, 31, 32, 36 and 37 to allow hedgerow and tree removal prior to the coming into effect of the relevant condition, and conditions 28 and 29 to relate to updated flood risk assessment) in respect of hybrid planning permissions 17/01847/OUT (Stratford reference number), 17/00700/OUT (Redditch reference number), and 17/00701/OUT (Bromsgrove reference number) dated 11 June 2018. Original description of development (for 17/01847/OUT, 17/00700/OUT, 17/00701/OUT): 'Hybrid application comprising: Outline planning application (with matters of appearance, landscaping, layout, scale and details of internal circulation routes reserved) for the development on a phased basis of 32ha of employment land for business/industrial uses (Use Classes B1, B2, B8). The development shall include: landscaping, parking, associated infrastructure, utilities, drainage (including SUDS) and ground engineering works; And Full planning application for Phase 1 Ground Engineering works, and details of means of access to the site from the A4023' 17/01847/OUT Hybrid application comprising: Outline planning Granted application (with matters of appearance, 11.06.2018 landscaping, layout, scale and details of internal circulation routes reserved) for the development on a phased basis of 32ha of employment land for business/industrial uses (Use Classes B1, B2, B8). The development shall include: landscaping, parking, associated infrastructure, utilities, drainage (including SUDS) and ground engineering works; And Full planning application for Phase 1 Ground Engineering works, and details of means of access to the site from the A4023

REPRESENTATIONS

Applicant’s Supporting Documents

List of documents: . Discharge of condition application form . Redditch Gateway HGV Routing Strategy ‘Final Version’ (Rev 2) . Site Plan drawing no. 5372 – 201

CONSULTATIONS The full responses are available in the application file.

Warwickshire County Council Highways No objection to the approval of condition 19, and part-approval of condition 20 (10.07.2019)

Worcestershire County Council Highways No objection to the approval of condition 19, and part-approval of condition 20 (05.07.2019)

Highways England No objection (12.04.2019)

STEERING GROUP

In resolving to grant 18/03746/VARY, Planning Committee requested the attachment of the following note:

“The District Council will expect to see full pre-application engagement with local stakeholders and consultees as part of the drawing up of the final reserved matters schemes. The process will be controlled by a Steering Group, and will have particular regard to the relationship between the development site and its residential neighbours particularly where it adjoins the southwest and southern boundaries of the southern development parcel. The District Planning Authority will also expect high quality and an innovative design. The Steering Group will also look at the details to be drawn up for the eventual approval by the relevant Committee in terms of condition 19 (HGV Routing Strategy) and condition 20 (Annual HGV Surveys).

The District Council will expect careful consideration to be given to lighting schemes to be submitted through discharge of condition and/or reserved matters submissions, as well as proposed levels to ensure the protection of the woodland adjacent to the northern boundary of the site. Careful consideration should be given to the design of buildings with particular regard to the proposed colour, roof design, lighting and materials. The District Council will also expect creative solutions to mark the historic County boundary through subsequent reserved matters submissions.”

A Steering Group (SG) was set up to facilitate the engagement required by this note. The SG is made up of relevant elected Councillors, parish councils, local residents, applicant and officers. The full membership and Terms of Reference for this SG is appended to this report. The Terms of Reference were drafted in consultation with the then Chair of West Planning Committee, and were formally agreed through a unanimous vote by West Planning Committee at the 9 January 2019 Committee meeting.

The Terms of Reference make it clear that the SG does not have a right of veto for emerging proposals, but is instead an advisory body.

Four SG meetings have taken place on the following dates:

 31 July 2018  8 November 2018  18 December 2018  9 July 2019

The minutes of these meetings are available to view on the SDC website under application reference DISCN/00123/19.

Upon receipt of the discharge of condition application, members of the SG were sent a copy of the submission which included the application form, site plan and HGV Routing Strategy (Rev 1). The SG members were given 21 days to provide any comments that they had to the submission.

A second revision (Rev 2) version of the document has also been circulated to members of the SG, and comments invited. The amendment is to paragraph 5.14 of the document and covers data protection matters which were picked up following discussions with the SDC’s Information Governance Manager.

A total of 8 responses from SG members have been received.

Of the 8 responses received, 7 raise concern with the HGV Routing Strategy submitted. One of these responses is a joint response on behalf of the Winyates Green Residents Association, Mappleborough Green School and Mappleborough Green Parish Council; and 4 of the 7 are from Studley Parish Council. The responses raise the following concerns with the HGV Routing Strategy submitted:

 Diverting HGVs via the unsuitable Crabbs Cross island and via The Slough and Bromsgrove Road past residential properties  Traffic re-joining the A435 at the Spernall junction would lead to heavy traffic through Coughton and Kings Coughton  Any increase in HGV traffic will negatively impact on those living along the route  Strategy fails to consider the impact of HGV traffic on other stretches of affected roads  Traffic modelling has proved ineffective in other cases, for example, Birmingham Road, Stratford upon Avon  Permission should not be given until the SG has approved the HGV Routing Strategy  SG has not been fully informed

A number of objections have been raised which do not relate to the pending discharge of condition application, but instead reiterate objections which relate to the principle of development and need to remodel highways impacts. These matters were fully considered in granting the original hybrid application (17/01847/OUT) and subsequent S73 application (18/03746/VARY).

One response is in favour of the discharge of the conditions.

At the SG meeting held on the 9 July 2019 the SG agreed the following statements as representative of its collective view:  Subject to the provision of one additional ANPR camera at the Washford junction, where the B4497 meets the A435, the SG agrees to the locations of the cameras (4 in total); and  The SG agrees the nature of the HGV Routing Strategy but its reservations about the existence of development at the Redditch Gateway site remain; and  The SG is prepared to accept the HGV Routing Strategy, but recognises that there are other stress points which need to be kept under review.

ASSESSMENT OF THE KEY ISSUES

Condition 19 requires the submission and approval of a HGV Routing Strategy prior to first use of any part of the development.

The proposed HGV Routing Strategy is available to view on the SDC website under application reference DISCN/00123/19. The key points of the Strategy are:

 The designation of certain highway routes as ‘Advisory HGV Routes’ and ‘Prohibited HGV Routes’; the Prohibited HGV Routes are the A435 from the north of Mappleborough Green to the south of Studley (Spernall junction), as well as the A4189 east of the Dog Island toward Henley-in-Arden;  Details of the Automatic Number Plate Recognition (ANPR) and Vehicle Classification System that would be used to ascertain when HGVs have travelled along a Prohibited HGV Route, and the locations for the 3 ANPR cameras;  The process that would be followed if the ANPR cameras detect that an HGV has travelled along a Prohibited HGV Route; an automatic email notification, which would include photographic evidence of the vehicle, along with the time and location of the breach, would be sent via 3G or 4G to the Site-Wide Travel Plan Coordinator who would investigate the breach;  Where no acceptable explanation is provided by the tenant responsible for the breach (for example, that the HGV was delivering to a premises in Studley, thereby unable to avoid routing along the A435 Prohibited HGV Route), notification of the breach, to include the tenant responsible, date and time of the breach, details of the vehicle and redacted photographic evidence, would be sent via email to Warwickshire County Council, Worcestershire County Council and Stratford on Avon District Council.

Condition 20 requires the submission and approval of HGV Surveys to demonstrate the implementation and operation of the HGV Routing Strategy. The condition requires the first HGV Surveys to be undertaken and results submitted to the LPA within the first month of the first use of any part of the development, and thereafter on an annual basis for the lifetime of the development. As the site has not yet been occupied, this condition cannot be fully discharged at this stage.

Condition 20 also requires the methodology for undertaking the HGV Surveys to be submitted to the LPA and approved in writing prior to the undertaking of the HGV Surveys.

The submitted HGV Routing Strategy outlines the technology that would be used to establish where HGVs are using Prohibited HGV Routes with no justified explanation. Paragraph 6.1 states that the Travel Plan Co-ordinator would report details of all breach notifications to the developer, site management company, Stratford on Avon District Council and both Warwickshire and Worcestershire County Council Highway Authorities every 3 months from first occupation unless additional requests are made by the local planning and highway authorities.

At paragraph 6.3, the HGV Routing Strategy states that a Strategy Review Panel would be held between the developer, Travel Plan Co-ordinator, Stratford on Avon District Council and both Warwickshire and Worcestershire County Council Highway Authorities within one year of first occupation, unless requested sooner by one of the parties. The Review Panel would:

 review the breach patterns and potential amenity implications to establish the effectiveness of the HGV Routing Strategy and recommend required changes;  discuss the effectiveness and changes required to the enforcement measures;  identify the need for measures requiring funding from the £200,000 highway bond;  agree future service charge costs and allocations;  agree the frequency and content of future reporting.

Agreeing future service charge costs and allocations is not a planning/highways matter to which the local planning or highway authorities would be involved with. However the other matters would be relevant for inclusion/discussion at the Review Panel.

Both Warwickshire and Worcestershire County Council highway authorities have been consulted on the application. The highway authorities have raised no objection to the approval of condition 19 (HGV Routing Strategy), and no objection to the part-approval of condition 20 (HGV Surveys), in respect of the methodology for undertaking the HGV Surveys.

Warwickshire County Council confirms that it has been an active member of the Steering Group and that the applicants have accommodated the highway authority’s requirements into the HGV Routing Strategy.

Highways England has also been consulted, and no objection has been raised.

SDC Enforcement has been involved through the establishment of the HGV Routing Strategy to ensure that it would not prejudice the LPA’s ability to pursue enforcement action, if appropriate, in accordance with SDC’s Local Enforcement Plan. The applicant has added/amended to the HGV Routing Strategy where requested by SDC Enforcement. The decision on whether to take enforcement action will rest with SDC Enforcement, and would be based on the planning harm caused by any breach of condition 19.

I acknowledge that some members of the SG remain concerned with the HGV Routing Strategy (précised under the ‘Steering Group’ heading above). In terms of highway impact, the concern relates to the impact of HGV traffic routing along other roads which, in their view, are unsuitable for HGV traffic, and increased traffic levels along these routes. As detailed in paragraph 2.1 of the HGV Routing Strategy, the applicant’s transport consultant liaised with both highway authorities to identify the most appropriate HGV routes for vehicles associated with the development. This informed the ‘Advisory HGV Routes’ and ‘Prohibited HGV Routes’ identified in the HGV Routing Strategy. Neither highway authority has raised objection on the basis of the highway impact of HGVs routing along alternative routes, and as such I do not consider that the impact would be so severe so as to justify a refusal of this discharge of condition application.

Members of the SG have also raised concern with respect to the increase in HGV traffic negatively impacting upon the amenity of those properties along the route (the route presumably being the Prohibited HGV Routes). The purpose of the HGV Routing Strategy is to prevent HGVs routing along the Prohibited HGV Routes. Notwithstanding this, the impact of the development on residential amenity was fully considered under the original application (17/01847/OUT) and subsequent S73 application (18/03746/VARY). The impact of any development related traffic on residential amenity was, and remains to be, acceptable.

Concern has also been raised more generally with the SG process with members stipulating that the conditions should not be approved unless the SG has ‘approved’ them. The SG Terms of Reference, which were unanimously approved by Planning Committee, make it clear that the SG does not have a right of veto for emerging proposals, but is instead an advisory body. The applicant has fully engaged with the SG, being in attendance at all diarised meetings and responding to concerns at the SG meetings, or subsequently in follow up meetings where appropriate.

The SG has agreed to a number of statements (detailed in the ‘Steering Group’ section above) which represent its collective view.

Conclusions

In the assessment of the original hybrid application (17/01847/OUT) and subsequent S73 application (18/03746/VARY), the traffic analysis which was undertaken to inform the Transport Assessment demonstrated that the development would not have an adverse impact on the Studley area highway network. Notwithstanding this, a HGV Routing Strategy was secured via condition as a preventative measure.

A comprehensive HGV Routing Strategy has been submitted which details how HGV traffic would be managed so as to avoid the Prohibited HGV Routes identified, and how future surveys required by condition 20 (HGV Surveys) would be undertaken.

Both Warwickshire and Worcestershire County Council’s highway authorities are satisfied with the submitted HGV Routing Strategy in respect of approving condition 19, and part-approving condition 20, and no objection has been raised by Highways England.

I am therefore satisfied that the HGV Routing Strategy (Rev 2) is sufficient to enable to full approval of condition 19 and part-approval of condition 20.

RECOMMENDATION

Whilst officers have made a recommendation on the basis of the Development Plan and other material considerations it is for the Committee to weigh and balance these in coming to a decision, based on their judgement of the available evidence.

The Planning Manager be authorised to:

i. APPROVE condition 19 (HGV Routing Strategy); and ii. PART-APPROVE condition 20 (HGV Surveys) of hybrid permission 18/03746/VARY which is proposed under the pending discharge of condition application DISCN/00123/19.

Robert Weeks HEAD OF PLANNING AND HOUSING

APPENDIX 1:

REDDITCH GATEWAY TERMS OF REFERENCE

Steering Group Membership

1. Chair (current chair Ken Pollock of REG Project Board or similar)

Applicant and their technical advisors

2. Daniel Gallagher or David Brown or Alex Morgan 3. Tech advisor 4. Tech advisor 5. Tech advisor

Ward Members – District

6. Councillor Peter Hencher-Serafin (Studley with Mappleborough Green Ward) 7. Councillor Neil Edden (Studley with Sambourne Ward) 8. Councillor Anthony Lovell (Winyates Ward)

Ward Members – County

9. Councillor Jeff Clarke (Warwickshire County Council Portfolio Holder – Transport and Planning) 10. Councillor Alan Amos (Worcestershire County Council Cabinet Member – Highways) 11. Councillor Clive Rickhards (Warwickshire County Council – Studley) 12. Councillor Tom Baker-Price (Worcestershire County Council – Arrow Valley East)

Adjoining Local Authorities

13. Ruth Bamford – Head of Planning (Redditch and Bromsgrove) 14. 1 x RBC/BDC Planning Officer

Other Local representatives

15. Mappleborough Green - Parish Councillor 16. Studley – Parish Councillor 17. Mappleborough Green Primary School - Governor or other representative 18. Chris Eden (local resident from Winyates Ward) 19. Len Quartly (local resident from Winyates Ward)

Highway Officers

20. Ben Simm (Warwickshire County Council) 21. Stephen Hawley (Worcestershire County Council)

Planning Officers

22. Richard Gardner (SDC) 23. Alice Cosnett (SDC)

Terms of Reference of the Steering Group

The role of the Steering Group is to facilitate full engagement with local stakeholders and consultees as part of the pre-application work in drawing up the reserved matters schemes.

The Steering Group will have particular regard to the relationship between the development site and its residential neighbours particularly where it adjoins the southwest and southern boundaries of the southern development parcel.

The Steering Group will help review emerging development proposals with particular regard to scale and appearance in relation to nearby properties and in achieving high quality design. The Steering Group will review details to be submitted with regard to Condition 19 (HGV Routing Strategy) and Condition 20 (Annual HGV Surveys) prior to consideration by the relevant Planning Committee(s).

The Steering Group will meet to consider proposals as and when they are revised by the applicants, in order to make an effective contribution to the working up of the reserved matters proposals and routing strategy/surveys.

The Steering Group will not have a right of veto for emerging application proposal but will be an advisory body. The view of the Steering Group will be reported to the Planning Committee(s)

Each meeting of the Steering Group will be considered quorate provided that, as a minimum, at least the following are in attendance:

Chair 1 x planning officer 1 x applicant 1 x applicant technical advisor 1 x SADC District Councillor 1 x Parish Councillor 1 x Highway Officer 1 x local resident 1 x officer representative of RBC/BDC

Steering Group meetings, unless otherwise agreed, will be held at Stratford-on- Avon Council offices.

Responsibility for convening meetings of the Steering Group will rest with the Stratford Council Planning Case Officer