Northumberland East Sleekburn Sites Local Development Order

February 2013 Contents

1 Introduction 3 2 East Sleekburn 5 3 Statement of reasons 9 4 The Local Development Order 14 5 LDO Conformity Process 24 6 Definitions 26

Appendices

1 (Schedule 1) LDO boundary plans 28 2 Enquiry Form, Submission Form and Commencement Notice 31 3 Appendix 3 - Other consents 32 4 LDO Monitoring 34 Contact details 36

Local Development Order: East Sleekburn Sites ADOPTED 1. Introduction

1. Introduction

Introduction

1.1 This document is a Local Development Order (hereinafter referred to as LDO) and has been prepared by County Council in partnership with Arch, the Northumberland Development Company.(1)

1.2 In developing the draft Order, site information has been collated; assessments have been undertaken; and advice has been sought from key consultees. Further information is available in the following associated documents which should be read alongside this LDO.

Local Development Order Guide – providing background and supplementary guidance Environmental Impact Assessment Screening Opinion – this relates to legislative requirements and serves to demonstrate that the development permitted by the LDO does not have significant effects on the environment. Nature Conservation and Ecological Assessment – this comprises a number of assessments and relates to various legislative requirements, including in respect of protected habitats and species. Sustainability Appraisal Report – this reports on the testing of environmental, social and economic impacts of the LDO.

1.3 The draft LDO and associated documents identified above were subject to extensive consultation. The consultation was undertaken in accordance with the values of the Statement of Community Involvement(2) and exceeded statutory requirements(3) It sought to involve stakeholders, including statutory consultees, early on in the process in advance of formal consultation and involved different methods of consultation adapted to different audiences. Specifically the consultation included: two consultation drop in events hosted in Blyth Town Centre and ; presentations to various committees including three Parish Councils; over 900 neighbour notification letters; around 600 letters and emails to various consultees; a press notice in the News Post Leader; site notices; and publicity via the Council's web site.

1.4 Responses to the consultation were recieved verbally, via email; by post and via the Council's on-line consultation portal. They informed revisions to the LDO including several minor amendments to development conditions(4), before being submitted to the Secretary of State for the Department of Communities and Local Government for approval. Subject to securing approval, the LDO will be adopted by the Local Planning Authority.

1 Arch has been established by Northumberland County Council as an asset backed, arms-length development company to drive capital economic and residential development, physical regeneration and business growth in Northumberland. 2 The Statement of Community Involvement (SCI) sets out how the Council will engage with local communities and others in the preparation of Local Development Framework / Local Plan documents. It also sets out how the Council will consult on planning applications and other development management matters. 3 As defined in the Town and Country Planning (Development Management Procedure) () Order 2010. 4 As recorded in the LDO Consultation Feedback Report, published on the Council's web site.

Local Development Order: East Sleekburn Sites ADOPTED 3 1. Introduction

Purpose

1.5 This LDO grants permission for the type of development specified by the Order (see Section 4) and by so doing, removes the need for a planning application to be made by the developer(5).

1.6 The LDO could be considered as an extension of ‘permitted development’ rights(6). It has been decided upon locally in response to local circumstances; in this case to proactively plan for sustainable economic growth(7).

1.7 The use of LDOs is supported by Central Government as an effective means of simplifying and streamlining the planning process for certain sites and certain developments. They are considered to be a ‘lean tool’ which are attractive to investors.

Scope

1.8 It is important to note that development proposals that do not fall within the prescribed criteria of an LDO may still be acceptable in planning terms. In other words the LDO does not imply that development not specified would be unacceptable. Proposals that do not conform with an LDO would need to secure planning permission through the normal planning process. Accordingly such proposals would be considered in the context of local and national planning policies.

1.9 The LDO does not alter or supersede forms of development already permitted by any existing planning consents within the LDO boundary or by the Town and Country Planning (General Permitted Development Order) 1995 (and its subsequent amendments). Any such permitted development can continue to be developed without being affected by any direction within the LDO.

Other consents

1.10 The LDO only relates to planning consent and does not obviate the need to obtain other statutory consents such as Building Regulation approval, consents under Highways legislation, Listed Building consent, Marine Licenses or Health and Safety Executive Consents. It remains the responsibility of the developers to ensure that all other statutory requirements beyond the scope of the planning system are adhered to(8)

5 LDOs were originally introduced as part of the Town and Country Planning Act 1990, although their roles and functions have been revised through subsequent legislation. 6 Permitted development is prescribed at a national level by the Town and Country Planning General Permitted Development Order 1995, and subsequent revisions / amendments. It grants a general permission for various types of normally un-contentious development without the need to make a planning application to the local planning authority 7 The LDO is part of a wider approach to economic development. Much of East Sleekburn site 2 has been granted Enterprise Zone status and the two sites fall within what is referred to as the Blyth Estuary Renewable Energy Zone (BEREZ) (See LDO Guide for further information on the initiatives and associated incentives 8 Further information on other consents is provided in Appendix 3.

4 Local Development Order: East Sleekburn Sites ADOPTED 2. East Sleekburn

2. East Sleekburn

The East Sleekburn Sites

2.1 This LDO covers two sites indicated on the attached Order Plans in Appendix 1. The sites are known as East Sleekburn Site 1(west) and East Sleekburn Site 2(quay).

Site Description

2.2 East Sleekburn Site 1 (west) is located immediately east of the A189 spine road and north of East Sleekburn Village and Sleekburn River. It extends from Brock Lane running along its southern boundary to the boundary of Fergusons Business Park in the north. To the east of the site is agricultural land and a small housing estate at Sanfield Road. Beyond is the former site which has been earmarked for future power station development.

2.3 The site is around 44ha in size. It is primarily greenfield and comprises irregular arable fields bounded by hedgerows and areas of tree planting, including a significant corridor of broadleaved plantation woodland, screening the site from the A189. There are no known records of built development on the site. The site continues to be used for agricultural purposes although the lease can be readily terminated.

2.4 The north part of the site is bare ground, which is currently being used as a temporary motor cross circuit.

2.5 East Sleekburn Site 2 (quay) is located more immediately north of the River Blyth Estuary. The site extends from its northern boundary of Brock Lane southwards to the large National Grid Substation with the River Blyth beyond. The west is bounded by fields. Beyond the eastern boundary, West Bridge Street and Cambois Beach separate the site from the .

2.6 The site is around 21 ha in size and benefits from Enterprise Zone status. It is a brownfield site forming part of the former Blyth Power Station site. The decommissioning and demolition of the power station was completed a number of years ago with all the main structures taken down. Since then the site has remained unused, awaiting redevelopment. The former use remains clearly evident and concrete slabs remain.

2.7 Within the eastern area of the site is the former Ash Barge Dock, developed as part of the power station. The dock has similarly been unused since the Power Station was decommissioned. The National Grid and NEDL substations, lie outwith the site boundary to the south and remain operational.

Development Opportunities

2.8 Market research and assessment of the sites’ location and facilities has demonstrated that the sites would be suited to a range of sectors, including off-shore industries. For example, the sites are in an ideal location to serve the Crown Estates Round 3 off-shore wind farm zones, including Dogger Bank.

Local Development Order: East Sleekburn Sites ADOPTED 5 2. East Sleekburn

2.9 The two sites have the potential to be developed separately or as part of joint operations. Brock Lane links the two sites. The road also provides direct access from the site to the heavy lift facilities at Battleship Wharf and access to the A189 spine road.

A Well Connected Infrastructure

2.10 The sites are well connected to the strategic road, rail and air network. Newcastle International Airport is around 14 miles away and offers connections to all destinations via major hubs including London, Amsterdam and Dubai. Newcastle Central Station is also within 15 miles. The East Coast Mainline offers frequent rail connections to London.

Development Considerations

2.11 The Council and its partners have worked to assemble comprehensive site information for the East Sleekburn sites in order to provide developers with a detailed understanding of the sites and to assist them in devising their proposals. The following highlights a number of relevant development considerations which have informed development requirements and conditions in Table 2. The LDO Guide should be referred to for further advice and guidance in respect of the development considerations.

2.12 The key considerations conveyed are believed to be reliable, nevertheless Northumberland County Council cannot guarantee the reliability of the information. The Council and Arch(9) will however endeavour to assist developers when assembling relevant site information and will be able to provide more detailed site investigation work and offer advice, which expands on some of the following:

Access

2.13 The main road to the East Sleekburn sites from the A189 (Spine Road) is Brock Lane.

2.14 Subject to minimal adjustments, the existing highway is potentially suitable for the transportation of very large components See Para 4.7 – Agreements and Contributions .

Flood Risk

2.15 Site 1 (west) is entirely located in Flood Zone 1 and is therefore considered to have a low risk of flooding from the rivers or sea (0.01% a year).

2.16 The majority of Site 2 (quay) is largely within flood risk zone 1 and therefore the risk of flooding is low. However there is an area in the eastern part of the site which lies in tidal flood zones 2 and 3. Preliminary flood risk assessment work has been undertaken for the site. The risk may require further assessment.

2.17 There are four stockpiles of processed demolition arisings on Site 2, potentially providing a valuable source of engineering fill for raising levels Demolition arisings would need to be tested for asbestos and if appropriate a materials management plan would be required. .

9 Arch - the Northumberland Development Company

6 Local Development Order: East Sleekburn Sites ADOPTED 2. East Sleekburn

Ground Conditions and Contamination

2.18 It is considered that the prevailing ground conditions at Site 1 (west) should not pose a significant constraint to site development.

2.19 Ground investigations and surveys of Site 2 (quay) generally indicate limited contaminants are present in elevated concentrations and are likely to be localised in extent, but this should be investigated further.

2.20 The power station formerly located on Site 2 (quay) presents specific development considerations with regard to geotechnical issues. Notably, the site comprises mass foundations, basements and culvert systems. The extent to which the geotechnical conditions pose constraints to development will depend on the nature of the end user. For example, mass foundations may provide suitable areas to accommodate heavy loads.

Coal

2.21 Part of site 1(west) falls within the Mining Development Referral Area. Site 1 has a band of probable shallow working and a coal outcrop which runs west to north east which covers approximately a third of the site. A Coal Mining Risk Assessment Report is required to assess ground conditions in this part of the site. Some work has already been done in this regard.

2.22 For both sites consideration should be given to the viability of extracting coal resources in line with the objectives of the National Planning Policy Framework (NPPF) for facilitating the sustainable use of materials.

Ecology

2.23 Neither Site 1(west) or Site 2(quay) have ecological designations, however Site 2 (quay) is in close proximity to sites of ecological significance, including the tidal mudflats in the Blyth Estuary, which are part of the Northumberland Shore Site of Special Scientific Interest (SSSI). This is designated for its value to overwintering wading birds.

2.24 Site 2 (quay) is also close to the Northumbrian Coast Special Protection Area (SPA) and Ramsar site (designated in this location for overwintering Turnstone and Purple Sandpiper).

2.25 Further designated sites exist in the wider area including Blyth Estuary Local Wildlife Site and Wansbeck Estuary Local Wildlife site.

2.26 Appropriate protection must be afforded to these habitats and species along with on-site ecological matters, therefore development conditions have been imposed accordingly. Further information is available in the LDO Guide and Nature Conservation and Ecological Assessment report.

Local Development Order: East Sleekburn Sites ADOPTED 7 2. East Sleekburn

Landscape and Visual Amenity

2.27 The Blyth Estuary is characterised by large scale industrial uses alongside recreational uses associated with the river. Pockets of small scale residential development such as North Blyth and East Sleekburn are interspersed between industrial development. The skyline is also characterised by wind turbines at the mouth of the harbour, and larger wind turbines off shore.

2.28 Constraints to development layout include overhead lines and pylons which run through the south of Site 1(west) and the periphery of Site 2(quay) and access requirements for utilities including the existing substation. At Site 2 (quay) it will also be essential to consult RWE to identify the company's requirements for future power station development, including safeguarding access to the Ash Barge dock.

2.29 A Public Right of Way footpath runs along the very edge of Site 1 (west) and Cow Gut, a minor watercourse also runs through the site.

Residential Amenity

2.30 The surrounding area is predominantly industrial, however has scattered residential areas including East Sleekburn. Protecting residential amenity during operation, construction and decommissioning phases at both sites is a key consideration. Relevant conditions, standard to such developments have been imposed accordingly.

Health and Safety Consultation Zones

2.31 Neither of the sites are within a Health and Safety Consultation Zone at the time of preparing this LDO. However developers are encouraged to consult the Health and Safety Executive ahead of development.

2.32 In respect of the development permitted, is not anticipated that hazardous substances will be involved. However, should a developer wish to bring forward a B1 or B2 use under the provisions of the Order, which did include the use of hazardous substances, the developer would need to apply for Hazardous Substance Consent in the usual manner (see Appendix 3).

Built Heritage

2.33 Immediately out-with the boundary of Site 2 (quay) are the ‘Coal Staithes at Blyth Power Station’. The staithes which stretch to around 500 metres long are Grade II* listed, dating from circa.1910-1923. The staithes and their setting must be protected.

8 Local Development Order: East Sleekburn Sites ADOPTED 3. Statement of reasons

3. Statement of reasons

Overall Objective

Northumberland County Council has prepared this Local Development Order to help streamline the planning process and enable development of land at the East Sleekburn sites as part of a wider initiative to create and support the conditions for economic growth.

The Sites

3.1 East Sleekburn Site 1(west) and East Sleekburn Site 2(quay) are located approximately 4km to the north west of Blyth Town Centre in south east Northumberland.

Figure 3.1 East Sleekburn Site Location Plan

Description of Development Permitted

3.2 The LDO grants planning permission exclusively for the erection of buildings and/or the use of land and associated development for Uses Classes B1 (a) B1 (b), B1(c); B2; and B8 (and ancillary Use Classes A1, A3)(10) subject to various criteria (including development being in the target sectors - see para 3.10) and development conditions (see Tables 1 and 2).

10 As defined in the Town and Country Planning (Use Classes) Order 1987 (and subsequent amendments)

Local Development Order: East Sleekburn Sites ADOPTED 9 3. Statement of reasons

Justification for Creating an LDO

3.3 Northumberland County Council is committed to creating the conditions for economic recovery and growth. The designation of sites at Blyth Estuary as part of the North Eastern Local Enterprise Partnership (NELEP) Enterprise Zone (EZ) gives Northumberland and the wider NELEP area, a competitive advantage which the NELEP partners are keen to exploit.

3.4 There has been a long-standing history of off-shore industries in the North East (11), and more recent successes in the low carbon and knowledge based sectors, including within south-east Northumberland. Amongst other significant developments, the National Renewable Energy Centre ()(12) has played an important role in supporting delivery of the government’s economic growth and green energy policy objectives, and in attracting and anchoring investment to the UK. The Centre hosts some of Europe’s largest translational research, development and testing facilities for offshore wind, wave, tidal and electrical network technologies. Clients range from large multi-national companies, to technology start-ups, local authorities and major investors in renewable energy projects.

3.5 The incentives offered through the EZ will build upon the existing BEREZ partnership initiative(13)Jointly they will serve to further stimulate the creation of new businesses and jobs, and contribute to the vision of the NELEP ‘… to rebalance the economy and create Europe’s premier location for low carbon, sustainable, knowledge-based private sector-led growth and jobs’.

3.6 Specifically the designation of some sites as EZ sites and the sectors being targeted by NELEP and Arch(14) will optimise the locational advantages of Blyth and its Port facilities, and help to create a cluster of businesses and supply chains which will help drive competitiveness, innovation and ultimately sustainable economic growth.

3.7 This LDO has been developed as it is considered to represent the most appropriate and effective tool for simplifying the planning process and contributing to boosting enterprise at the East Sleekburn sites.

Rational for Development Permitted

3.8 The type and form of development permitted by the LDO and the associated criteria and conditions have been identified on the basis of a comprehensive understanding of the sites and their context (including their proximity to NaREC); the aspirations to deliver

11 The region is responsible for constructing 70% of all North Sea oil and gas platforms. Many companies have expanded into the off-shore renewables sector 12 NaREC is the national centre for excellence for renewable energy, dedicated to the development, growth and commercialisation of new and renewable technologies. Narec has invested over £150 million of UK government, private sector and European Union funding to create a unique portfolio of independent facilities in Blyth. The new Blade Test Facility is the largest in the world and has been designed to test the longer blades being developed for larger offshore turbines. 13 Blyth Estuary Renewable Energy Zone initiative is a a partnership of public and private organisations working together to support further investment from the renewable and low carbon sectors, particularly in off-shore wind. The zone comprises extensive industrial and business park environments on the south and north banks of the River Blyth all within 2-4km of the Port of Blyth. 14 Arch - the Northumberland Development Company - an asset backed arms length development company, set up to drive capital economic and residential development, physical regeneration and business growth in Northumberland

10 Local Development Order: East Sleekburn Sites ADOPTED 3. Statement of reasons growth and the linked benefits such as skills development, wealth and job creation; the potential impacts of different forms of development; and a broad understanding of the types of development being sought by developers and businesses in the target sectors.

3.9 The development parameters are considered to be reasonable and practicable. The justification for each condition is identified in Table 1. In essence the criteria seek to ensure: development is sustainable and contributes to quality of place; negative impacts of development, including impacts on the environment and the amenity of neighbouring interests are minimised; high development standards, including energy efficiency are achieved; and development factors such as infrastructure are effectively addressed.

3.10 The other key criterion is for development to be within the target sectors of the manufacture, maintenance and servicing of plant, machinery, equipment and parts for off shore industries; advanced manufacturing and technology; port and logistics related businesses; and storage and distribution linked to off-shore industries. It is considered this description(15) effectively captures the aspirations to strengthen existing established sectors and supply chains whilst also allowing a degree of flexibility for appropriate new areas of private sector led growth.

3.11 The LDO seeks to attract new growth from inward investment or expansion of indigenous firms rather than resulting in ‘displacement’ of existing businesses onto the sites. This LDO specifically targets businesses not already located in Northumberland. However, businesses that are already located in the area may still be eligible for EZ incentives (in respect of East Sleekburn site 2) if they can make a case which demonstrates that they are actively seeking to increase their existing business in the target sectors.

Statement of Policies that the LDO will Implement

3.12 The LDO supports the implementation of existing strategies, plans and policies at a national level and certain policies at a local level. Relevant policies include:

National Planning Policies

National Planning Policy Framework

3.13 The NPPF cites the planning system as having a role in contributing to building a strong, responsive and competitive economy. Planning is to operate to encourage sustainable growth in order to create jobs and prosperity and to tackle the twin challenges of global competition and of a low carbon future.

3.14 Specifically the Framework encourages a proactive approach to meet the development needs of business and reduce the burden of planning requirements and suggests the consideration of LDOs to relax planning controls in some instances.

3.15 Existing business sectors are to be supported alongside planning for new or emerging sectors likely to locate in the area. Furthermore, the promotion and expansion of clusters or networks of knowledge driven, creative or high technology industries is to be positively planned for.

15 Further definition of ‘sectors’ in Section 5 of this LDO.

Local Development Order: East Sleekburn Sites ADOPTED 11 3. Statement of reasons

Marine and Coastal Access Act 2009 and Marine Policy Statement (MPS)

3.16 The Marine and Coastal Access Act is relevant to the LDO, given the estuary / coastal location of the site. The role of the marine environment is recognised as an asset including in respect of the social, economic and environmental well-being of coastal communities.

3.17 The Act introduced new systems of Marine planning, including the Marine Policy Statement (MPS). The MPS is the framework for progressing Marine Plans and taking decisions affecting the marine environment. At the time of preparing the LDO, a Marine Plan is not in place to cover the north east marine environment, however the MPS was taken into account.

3.18 The MPS recognises that marine based activities, as permitted by this LDO, can provide opportunities for employment in long established industries including marine transport, port related storage and processing, oil and gas production and new industries such as the renewable energy sector.

Regional Policy

3.19 Although the Government has stated its intention to abolish the Regional Spatial Strategy for the North East (RSS) this has not happened at the time of preparing this LDO. Within the RSS the regeneration of Blyth is promoted. More particularly, Policy 13 identifies Blyth Estuary as a brownfield mixed-use location for major mixed use development. The sustainable growth of Blyth Harbour is also supported.

Local Policies

3.20 The following local policies are of relevance:

Northumberland Consolidated Planning Framework

3.21 The Framework brings together relevant planning policy documents, both statutory and non-statutory(16). Whilst LDOs are not required to implement local plan policies(17), relevant policies that have been considered include:

Wansbeck Local Plan 2007

GP1 - Location of Development GP8 - The Coastal Zone EMP3 - Cambois Zone of Economic Opportunity EMP5 - Port related development

16 Northumberland Consolidated Planning Framework bring together planning policies from the former planning authorities which merged as a result of Local Government Reorganisation in 2009 17 The primary legislative provisions related to LDOs were intrdocuced by the Planning and Compulsory Purchase Act 2004 and amended by the commencement of section 188 of the Planning Act 2008. The effect was to remove the requirement that LDOs must implement local plan policies.

12 Local Development Order: East Sleekburn Sites ADOPTED 3. Statement of reasons

Emerging Northumberland Core Strategy

3.22 The Core Strategy Issues and Options document has been subject to consultation and is now being progressed through various drafting and approval stages before adoption. The Issues and Options document specifically identifies the Blyth Estuary Renewable Energy Zone (BEREZ) as a strategic employment area and specifically a location for the low carbon sector. It proposes minor revisions to the existing employment site designations, which includes the LDO sites.

Northumberland Sustainable Community Strategy - Northumberland: Resilient for the Future, May 2011

3.23 Re-balancing the economy is one of the big partnership issues identified in the Strategy. To be resilient, re-balancing is described as needing to be built from the expansion and diversification of the county’s niche industrial sectors, including renewables. Within this, greater intent is given to creating inter-dependencies between clusters of Northumberland-based firms.

Northumberland Economic Strategy

3.24 The Northumberland Economic Strategy is a framework for rebalancing the economy by reducing dependence on the public sector for employment and by strengthening the private sector's contribution to growth. A key objective of the strategy is to develop an exemplary low carbon economy, which includes seeking low carbon economic investment in the BEREZ.

Local Development Order: East Sleekburn Sites ADOPTED 13 4. The Local Development Order

4. The Local Development Order

Description of development permitted by the LDO

(Schedule 2)

Within the boundaries of the plans attached at Schedule 1, the Local Development Order will grant planning permission exclusively for land use, buildings and ancillary facilities; and associated development specifically linked to the following business sectors:

The manufacture, maintenance and servicing of plant, machinery, equipment, parts and vessels for off shore industries; Advanced manufacturing and technology; Port and logistics related businesses; Storage and distribution linked to off-shore industries.

in the following Use Classes

B1 (a) Offices (excluding those within A2 class); (b) Research and development, of parts and processes; and (c) Light Industry appropriate in a residential area; B2 General Industry (excluding incineration purposes, chemical treatment or landfill or any operation processing or storage or activity involving hazardous or inert waste); and B8 Storage and Distribution

Provided that the following criteria are met:

a. B1 (a) office use is not developed in isolation – i.e must be associated with B1(b), B1(c), B2 or B8 use; and b. the development permitted would not be considered to cause displacement from elsewhere within Northumberland; and c. the requirements and conditions identified in Tables 1 and 2 of Schedules 3 and 4 are satisfied.

There will also be a limited opportunity for amenity facilities to support the function of the wider area. The following uses will therefore be permitted:

A1 Shops A3 Restaurants and Cafes

Provided that the following criteria are met:

a. A1 uses are for the sale of predominantly convenience goods; and b. development occurs after the completion of a B1, B2, or B8 use; and c. development does not exceed gross floor space of 250m2 (including mezzanine floors), with an individual unit size of no greater than 200m²; and d. the requirements and conditions identified in Tables 1 and 2 of Schedules 3 and 4 are satisfied.

14 Local Development Order: East Sleekburn Sites ADOPTED 4. The Local Development Order

Lifetime of the LDO

4.1 The LDO will be in place for 6 years following the date of adoption. Upon expiry of the LDO, the permitted development rights will cease to apply to any development that has not commenced.

4.2 To comply with the Order it will be necessary for development to have commenced on site prior to the date of expiry of the Order. Development which has commenced by the end date will be permitted to be completed within a reasonable timescale. Any proposed development after the date will require the submission of a formal planning application to the Local Planning Authority (LPA).

4.3 From the date of the expiry of the Order no new uses or ‘changes of use’ will be allowed, without planning consent; unless it is a permitted ‘change of use’ as prescribed in the Town and Country Planning (General Permitted Development) Order 1995 (and its subsequent amendments)

4.4 Upon expiry of the LDO Northumberland County Council may either reintroduce the Order with or without revisions; or revoke the Order and return to the established planning system. The Council has the power to revoke the LDO at any time before its expiry or could be directed to do so by the Secretary of State. Revisions or revocation of the Order would be subject to notification via the Council's web site and a local press notice.

Monitoring of the LDO

4.5 The effectiveness of the Order will be monitored over the 6 year period to ensure development remains compliant with the Conditions and Developer Requirements.

4.6 Information will be collected as part of LPA’s wider approach to monitoring planning and will inform the Government’s, the Local Enterprise Partnership’s and the Council’s understanding of the success of the Order and wider economic initiatives.

4.7 Standard enforcement practises will apply to development brought forward under the provisions of the Order.

Limitations

4.8 Developers should satisfy themselves that all legislative requirements and consents have been fulfilled / obtained before proceeding with development. Key considerations/restrictions include:

Other Consents

4.9 The Order only relates to planning consent. It does not remove the need to obtain other statutory consents from the Council or other organisations.

Local Development Order: East Sleekburn Sites ADOPTED 15 4. The Local Development Order

Environmental Impact Assessment

4.10 An Order cannot permit development which is termed ‘Schedule 1’ development (under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011). The development permitted by this Order has been screened in respect of Schedule 2 development under the same regulations. Notwithstanding the Screening Opinion, further screening of individual developments will be required.

Habitat Regulations

4.11 An Order similarly cannot permit development which is likely to have a significant effect on a European site or a European Offshore marine site (either alone or in combination with other plans and projects) and which is not directly connected with or necessary for the management of the site (under Regulation 78 of the Conservation of Habitats and Species Regulations 2010 (SI no. 490)). The development permitted by this Order has been screened in respect of the regulations.

Agreements / Contributions

4.12 Depending upon the impacts of development, developers may be required to provide contributions towards off-site infrastructure or mitigation measures.

4.13 It is anticipated that a Community Infrastructure Levy will be adopted by Northumberland County Council within the lifespan of this Order.

Table 1 Prior Information Requirements (Schedule 3)

Requirement Reasons

A written statement demonstrating why the development proposed To ensure that the falls within the business sectors specified shall be submitted to and development complies with approved by the Local Planning Authority (LPA). Where the business this Order and does not is an existing business in Northumberland the statement should also represent displacement. demonstrate why the proposal does not represent displacement. The statement should include details of the level of projected employment growth, the provision of additional floor space and projected growth in output within 5 years from the beginning of operations

A request for a Screening Opinion under the Town and Country To ensure that the Planning (Environmental Impact Assessment) (England and Wales) development complies with Regulations 2011 (or any subsequent amended legislation shall be this Order in regard to EIA submitted to and assessed by the Local Planning Authority (LPA). development. The request must provide sufficient to identify the type, location, scale, height and operation.

Prior to the commencement of development a completed LDO - To ensure the proposed Submission Form shall be completed and submitted to the LPA development complies with along with: this Order and achieves A site plan with the site outlined in red and showing the high quality and inclusive proposed development layout in detail; design.

16 Local Development Order: East Sleekburn Sites ADOPTED 4. The Local Development Order

Requirement Reasons

Sufficient plans and elevations to determine the size and appearance of development (plans should be in a recognised metric scale);

Details of materials; and

A statement demonstrating how the development has had regard to achieving high quality and inclusive design. In particular, the statement should demonstrate how the development responds to local character and to heritage assets (including how any development at Site 2 responds to the setting of the Listed Coal Staithes); how the development optimises the potential of the site (including where possible using passive design principles to achieve energy savings); and how the development is adaptable and can respond to changing social, technological and economic conditions.

Not less than 14 days prior to the commencement of development To enable the monitoring of a completed 'Local Development Order - Commencement Notice development and effective form' shall be submitted to the LPA. implementation of the Order.

Development must commence on site prior to the date of the expiry To ensure that the proposed of the Order. development complies with this Order.

Table 2 Conditions (Schedule 4)

Conditions Reasons

Compliance with the Local Development Order (LDO)

The development permitted by this Order shall not be carried out other To ensure sustainable than in complete accordance with the criteria and conditions set out forms of development, in within this Order, with the exception of minor variations submitted to line with the aspirations and approved in writing with the Local Planning Authority (LPA). for the EZ and to prevent unauthorised In the event that the proposed development relates to only part of the development occurring LDO site, the development would be classed as a phase of without consent and to development. Any phase of development shall similarly not be carried accommodate phased out other than in complete accordance with the criteria and conditions development. set out within this LDO, with the exception of minor variations submitted to and approved in writing with the Local Planning Authority (LPA).

Site layout

Any development or phase of development shall be positioned in such To ensure efficient use of a way as to not prejudice future development of the wider LDO area land and that future with specific regard to: development is not The future development of a Power Station and its associated prejudiced access requirements to the Ash Barge Dock and cable corridors

Local Development Order: East Sleekburn Sites ADOPTED 17 4. The Local Development Order

Conditions Reasons

to the existing substation (NB. Early consultation with RWE nPower as a minimum is essential to identify layout constraints). Access onto the estate roads servicing the sites.

No buildings or areas of assembly, unloading, stacking or moving In the interests of health material or tall structures such as lighting shall be located underneath and safety and to allow or within a set easement of the overhead lines, to be agreed by for necessary and National Grid infrastructure works including maintenance. Development must not prevent access to infrastructure providers including Northern Powergrid, National Grid and Northern Gas Networks.

At Site 2 (quay) no development is permitted which encroaches on In the interests of the intertidal habitat. protecting protected habitats and species

Development Scale

The maximum height of buidlings must not exceed 35m above OD. In the interests of the satisfactory appearance of the development

Sustainable Design

All buildings will be designed to ensure energy consumption is To ensure development minimised and all buildings over 500sqm will be required to achieve: contributes to reducing carbon emissions and a. BREEAM ‘very good’ accreditation (or BREEAM Excellent supports the delivery of accreditation if it is completed after 2014) or low carbon and b. Achieve a minimum of 10% of its energy consumption from renewable energy in renewable resources. accordance with the NPPF. Unless it can be suitably demonstrated through assessment that the nature of the building / business prevents this.

Where it is not suitably demonstrated through assessment that the nature of the building prevents this, no building works for buildings over 500sqm shall commence until a completed design stage BREEAM assessment; or renewable / low carbon energy plan (including details of any physical works to accommodate renewable or low carbon generating equipment) shall first be submitted to and approved in writing by the LPA. The approved scheme shall be implemented before the development is first occupied and shall remain operational for the lifetime of the development.

If the building is to achieve a BREEAM rating, a post completion certificate will be required following completion of development.

Landscaping

A high quality landscaping scheme shall be implemented for the site In the interests of visual or area of the development phase during the first full planting season amenity, the satisfactory (November - March). The scheme shall be appropriate to the setting, appearance of the

18 Local Development Order: East Sleekburn Sites ADOPTED 4. The Local Development Order

Conditions Reasons including locally native trees and shrubs. Development or a phase of development upon development which is contiguous with the a site boundary, shall give completion and to ensure emphasis to retaining and filling gaps in boundary planting to screen the protection and where development,At the boundary of East Sleekburn Site 1 (west), a possible enhancement of minimum 50m wide strip of the existing tree planting shall be retained biodiversity. and at at the site's western boundary, whilst at the southern boundary with Brock Lane, where possible a minimum 10m wide strip of the existing tree planting shall be retained.

The landscaping should seek to achieve net gains in biodiversity including where possible introducing wetland habitats. The landscaped areas / boundaries shall be subsequently maintained to ensure establishment of the scheme, including watering, weeding and the replacement of any plants, or areas of seeding or turfing which fail within a period up to 5 years from the completion of the development.

Transport

Development proposals in excess of the gross floor space thresholds To determine the impact set out below shall be accompanied by a Transport Assessment and of development on draft Travel Plan to be submitted to and approved in writing by the transport and to improve LPA. accessibility and safety for all modes of travel. B1> 2500m²; B2> 4000m² ; B8> 5000m²

For smaller scale proposals, relating to any of the permitted uses a Transport Statement may be required. (Developers should refer to DfT Guidance on Transport Assessment and liaise with Northumberland County Council’s Highway Engineers at the earliest opportunity.)

Parking and Access

All new buildings and associated development will be required to be To ensure accessibility of fully accessible, having regard to the needs of disabled and less mobile the site and to minimise people, servicing requirements, manoeuvring, loading/unloading and danger, obstruction and highway safety and must provide adequate parking for commercial inconvenience to users of vehicles, employees and visitors and cycle parking facilities. adjoining highways.

Flood Risk

Any development or phase of development within flood zones 2 and To reduce the impact of 3 shall be accompanied by a Flood Risk Assessment (FRA) to be flooding on the proposed submitted to and approved in writing by the LPA. The FRA should development and future identify and assess the risks of all forms of flooding to and from the occupants. development and demonstrate how these flood risks will be managed, taking climate change into account. The development shall be completed in accordance with the agreed details.

(NB. Early consultation with Northumbrian Water Ltd, the Environment Agency and Northumberland County Council as a minimum, is essential to ensure flood risk is managed as part of any development.)

Local Development Order: East Sleekburn Sites ADOPTED 19 4. The Local Development Order

Conditions Reasons

Sustainable and Surface Water Drainage

No development or phase of development shall be commenced until To prevent the increased drainage works have been carried out for the site or area of the risk of flooding by development phase in accordance with details to be submitted and ensuring the provision of approved in writing by the LPA. Prior to the submission of those details a satisfactory and an assessment shall be carried out into the potential for disposing of sustainable means of surface water by means of a Sustainable Drainage System (SUDs) drainage. and the results of the assessment provided to the LPA. Where a SUDs scheme is to be implemented the submitted details shall:

a. Provide information about the design storm period and intensity, method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving waters b. Specify the responsibilities of each party for the implementation of the SUDs scheme together with a timetable for that implementation c. Provide a management and maintenance plan for the lifetime of the development which shall include the arrangement for adoption of any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

The scheme shall be implemented, maintained and managed in accordance with the approved details.

(NB. Early consultation with Northumbrian Water Ltd, the Environment Agency and Northumberland County Council, as a minimum us essential to ensure flood risk is managed as part of any development.)

Drainage from hardstanding areas that have the potential to be The Environmental contaminated by fuels, chemicals or other polluting material must be Permitting Regulations connected to the foul sewer. make it an offence to cause or knowingly permit any discharge that would result in the input of pollutants to ground or surface waters.

Land Contamination

No development or phase of development shall be commenced until: To protect the environment from a)The site or area within the development phase has been subjected contamination and to to a detailed desk study and site investigation walkover to determine ensure that the site will the level of ground contamination present and remediation objectives not qualify as have been determined through risk assessment, and using this contaminated land under information, a diagrammatical representation (Conceptual Model) for Part 2A of the the site of all potential contamination sources, pathways and receptors Environmental Protection produced; all of which shall be submitted to and approved in writing Act 1990. by the LPA;

20 Local Development Order: East Sleekburn Sites ADOPTED 4. The Local Development Order

Conditions Reasons b) a remediation statement which details proposals for the removal, containment or otherwise rendering harmless any contamination has been submitted to and approved in writing by the LPA; c) the works specified in the remediation statement have been completed in accordance with the approved scheme and a report validating the remediated site / area has been submitted to and approved in writing by the LPA. Post remediation sampling and monitoring results shall be included in the report to demonstrate that the required remediation has been fully met.

If during development contamination not previously considered is identified, then an additional method statement regarding this material shall be submitted to the LPA for approval.

(NB. The developer should follow the guidance and methodologies in ‘Model Procedures for the Management of Land Contamination’ DEFRA CLR11)

Ground conditions

Prior to the development or phase of development commencing a To demonstrate how the feasibility assessment of extracting the coal resources as part of ground developer will avoid the works to the site or area of the development phase shall be submitted unnecessary sterilisation to and approved in writing by the LPA. of nationally important mineral resources in accordance with the NPPF.

Where the development or phase of development proposed falls within To ensure compliance the Coal Mining Referral Area, a Coal Mining Risk Assessment Report with the NPPF in relation shall be submitted to and approved in writing by the LPA in consultation to development on with the Coal Authority. Prior to the commencement of development unstable ground. any necessary measures to address risks, including details of protective measures to prevent ingress of land gas shall be submitted and approved by the LPA.

Archaeology

A programme of archaeological work is required for the site or area In order to ensure within the development phase, in accordance with a brief provided by archaeological interests Northumberland County Council's Conservation team. The in sites are examined and archaeological scheme shall comprise three stages of work. Each to conserve any heritage stage of work must be completed and approved in writing by the LPA. assets identified. No development or archaeological mitigation shall be commenced on site until a written scheme of investigation in line with the brief has been submitted and approved in writing by the LPA.

Local Development Order: East Sleekburn Sites ADOPTED 21 4. The Local Development Order

Conditions Reasons

The archaeological recording scheme required by the brief must be completed in accordance with the approved written scheme of investigation unless otherwise agreed in writing by the LPA. The programme of analysis, reporting, publication and archiving if required by the brief must be completed in accordance with the approved written scheme of investigation.

Lighting

New external lighting shall be designed in accordance with Institute To retain control over of Lighting Engineers Guidance Notes For The Reduction Of Obtrusive floodlightling in the Light. Lighting shall be positioned/directed to prevent obtrusive light interests of amenity, and nuisance. Specifically lighting must minimise the upward and preventing nuisance and outward spread of light near to and above the horizontal and to the distraction, including to estuary. No floodlighting shall be installed unless details have first aircraft, and protecting been submitted to and approved in writing by the LPA. The floodlighting species and habitats. shall thereafter be installed and operated fully in accordance with the approved scheme.

Noise

Noise from construction, piling and operations on the site shall be To safeguard the amenity assessed using BS5228 and BS4142 respectively prior to the of occupiers of adjoining commencement of any development approved under this Order and noise sensitive properties a scheme for the effective control of noise and vibration from the premises shall be submitted to and approved in writing by the LPA.

No construction, operational or decommissioning noise shall exceed To limit disturbance and 55db(LAmax) at Blyth North Staithes or at any area designated as safeguard SPA/ Ramsar SSSI, SPA or Ramsar during the over wintering period October – and SSSI Bird March. This must be demonstrated through sound modelling to be populations submitted to and approved by the LPA.

Dust, Particulates, Odour and Ventilation

Where the development or phase of development involves processes To safeguard the which will result in the production of emissions of dust, particulates amenities of the occupiers (respirable PM10’s) fumes or odours from the construction or of adjoining properties operations of the site, prior to the commencement of any development approved under this Order, a scheme for the effective control of dust, particulates, fumes or odours from the premises shall be submitted to and approved in writing by the LPA. The scheme approved shall be implemented prior to the occupation of the approved development and thereafter retained at all times in the approved manner.

Where the development or phase of development involves processes To safeguard the which will result in the production of emissions of dust or particulates, amenities of the occupiers odour or noise, the cumulative effects of existing or already permitted of adjoining properties. developments within the zone of influence shall be factored in, prior to the commencement of any development approved under this Order a scheme for the effective control of cumulative effects from the

22 Local Development Order: East Sleekburn Sites ADOPTED 4. The Local Development Order

Conditions Reasons premises shall be submitted to and approved in writing by the LPA. The scheme approved shall be implemented prior to the occupation of the approved development and thereafter retained at all times in the approved manner.

Storage

No material that could become windborne shall be stored on the site In the interests of visual other than within buildings. amenity and the amenity of nearby occupiers.

Ecological Assessment and Mitigation

Prior to the commencement of a development or phase of development In the interests of details of the following shall be submitted to and approved in writing conservation of by the LPA. biodiversity / protected Provision for suitable undisturbed feeding and roosting habitat species. for wading birds; Provision for suitable habitats for Grayling Butterfly and Reptiles.

Bat accesses shall be created prior to any filling, sealing or other works to tunnels, or other voids.

Construction pits/trenches/foundations shall include escape ramps for otters.

Where the site or area of the development phase has developed a short perennial / ephemeral vegetation type of floristic interest the seed-bank will be trans-located to landscaping within or off-site or seed collection / hay strewing will vbe carried out if it is proven to be a more effective method of conserving the ecological interest of the site.

No vegetation/site clearance shall be undertaken on the site or area To protect nesting birds, of the development phase between the 1st March and 31st August all species of which are unless an ecologist has first confirmed that no birds nests are being protected by law. built or in use, eggs or dependent young will be damaged or destroyed.

Local Development Order: East Sleekburn Sites ADOPTED 23 5. LDO Conformity Process

5. LDO Conformity Process

5.1 The diagram below illustrates the process by which the Local Planning Authority (LPA) will determine conformity with the LDO.

Picture 5.1 LDO Conformity Process

Pre-submission Advice (see LDO Enquiry Form)

Submission of all relevant details

(see Submission Form and Tables 1 and 2) EIA Screening If not EIA

Further information required

Planning Application Required

Development determined in Development determined conformity with LDO NOT in conformity with LDO

Planning Application Required

Legend Notice of development commencement Standard process for development (see Commencement Notice form) under the LDO

Essential screening – if determined to be EIA development, cannot proceed Development on site under LDO.

Circumstances where LDO does not apply and a planning application is required

Pre submission advice

5.2 Developers are strongly urged to seek advice from the LPA at their earliest opportunity to consider conformity with this LDO and the implications of specific requirements and conditions. Discussions could also help to identify any existing information the Council may hold in respect of the sites. An LDO Enquiry Form is attached in Appendix 2 to aid such dialogue.

5.3 Developers are also encouraged to initiate early engagement of key stakeholders and to identify other consent requirements (see Appendix 3). Identified development considerations and conditions will influence which stakeholders are of particular relevance and the degree to which they need to be involved. Key consultees are likely to include Natural England, the Environment Agency and the Marine Management Organisation. A list of key contacts is in the LDO Guide.

24 Local Development Order: East Sleekburn Sites ADOPTED 5. LDO Conformity Process

Submission and Assessment

5.4 Subject to the outcome of the recommended pre-submission advice, the first stage of the process requires submission of an EIA screening request. Within 21 days of valid receipt of all necessary information, the LPA will either provide a response in writing or request further information or ask for additional time in which to make a response. The response will state whether the proposed development requires further assessment and therefore cannot proceed under the LDO or has been screened and determined not to require further assessment of the environmental effects/impacts.

5.5 The second stage requires submission of all necessary information (as specified in Tables 1 and 2). It is important to note that except where criteria/conditions require information to be submitted to and approved in writing by the LPA, the developer assumes the responsibility for ensuring that their development is compliant with the LDO. Within 28 days of valid receipt the LPA will provide a response in writing. The response will state whether:

the proposed development is in conformity with the LDO. further information is required to determine whether the proposed development is in conformity with the LDO. the proposed development is not in conformity with the LDO.

5.6 If further information is required to make an assessment and a decision cannot be reached within 28 days, the LPA will seek to agree a reasonable extension of time with the applicant. Should minor changes be required to ensure compliance with the LDO, where feasible, the LPA will endeavour to seek amendments with the applicant, rather than issue a response of non-conformity. Again this may require an extension of time which will be agreed with the applicant.

5.7 As illustrated, where development is determined not to be in conformity with the LDO, a planning application will be required if the development is to progress unchanged.

5.8 The first and second stages of the submission process could run concurrently thereby potentially reducing the overall time scales for the conformity process - i.e. the EIA screening request could be submitted alongside the submission of all other relevant information. However, a developer would accept the risk that if the development was determined to require an EIA it could not proceed under the provisions of the LDO.

Notification

5.9 The final stage is the submission of an LDO Notice of Commencement Form (see Appendix 2). This is a simple means of informing the LPA that development is due to start on site. The form must be submitted to the LPA at least 14 days prior to commencement and is required for monitoring purposes.

Local Development Order: East Sleekburn Sites ADOPTED 25 6. Definitions

6. Definitions

Sectors

6.1 The manufacture, maintenance and servicing of plant, machinery, equipment, parts and vessels relates to the off shore industries such as wind energy generation; tidal and wave technology; and oil and gas exploration and extraction. For example, an operations and maintenance facility for off-shore oil and gas platforms or manufacturers of off-shore wind turbines and component parts, or components such as off-shore cables, pipes and valves.

6.2 Advanced Manufacturing and Technology describes business which use a high level of design or scientific skills to provide technologically complex products and processes. Advanced Manufacturing is possible across the wide range of activities that encompass modern industry, from the likes of large aerospace companies down to small firms spun off from university research.

6.3 Port and logistics related businesses covers a range of businesses connected with or comprising the import or export of goods and materials via the port.

6.4 Storage and distribution linked to off-shore industries relates to indoor and outdoor storage and handling facilities where stock or parts can be held for companies using the Port Of Blyth for movements in and out by road as well as import / export by sea.

6.5 It will be at the discretion of Northumberland County Council in consultation with Arch to determine whether a proposal is deemed to fall within the appropriate sectors.

Displacement

6.6 Displacement will be a consideration when assessing proposals for development within the LDO area.

6.7 Displacement is the extent to which development and economic growth in the LDO sites will result in the relocation of existing businesses from within the local area into the LDO sites simply as a result of the incentives and interventions available. Displacement would not therefore result in net economic growth or increased employment targeted by the LDO and as such has wider negative impacts on the economy.

6.8 This criterion does not prevent a business, including a subsidiary business within a group of businesses proposes to relocate from within the Northumberland County Council area into the LDO sites if they are expanding into the target sectors.

6.9 Northumberland County Council in consultation with Arch will make an assessment based upon the statement provided (see Table1). Any development that is considered to be displacement will not be permitted under the LDO.

Associated development

6.10 For the purposes of this LDO ‘Associated development’ includes the following:

Ground works in advance of development of the site for the purposes of investigating geological ground conditions, identifying areas of contamination, or undertaking

26 Local Development Order: East Sleekburn Sites ADOPTED 6. Definitions

archaeological investigations; including the provision on land of buildings, moveable structures, works, plant or such works(18). Remediation works (provided that they are not EIA development). Construction of access roads, car parking areas, hard and soft landscaping works. Environmental mitigation measures (provided that they are not EIA development). The machinery required temporarily in connection with and for the duration of improvement of highway and access infrastructure associated with development; and construction of new highway infrastructure and accesses within the site. The installation, alteration or replacement of any closed circuit television camera to be used for security purposes, including any pole or supporting equipment required for such installation. The installation alteration or replacement of solar photovoltaic or solar thermal equipment on a building

Ancillary facilities

6.11 For the purposes of this LDO ancillary facilities include: canteens, staff rest areas, workplace medical facilities, facilities for fighting fire or other emergency services, smoking shelters, passenger shelters, bicycle shelters, motorcycle shelters, security buildings, barriers for the control of people and vehicles, traffic signals, waste recycling facilities, machinery and plant maintenance facilities, electricity substations and associated electric lines, electric vehicle charging points, bollards, lamp standards, telephone boxes, post boxes and refuse bins; that are required for purposes ancillary to activities permitted by this order. Ancillary facilities does not include facilities for members of the public (for example conference venues); hotels; a petrol filling station or residential accommodation, nor development to facilitate the landing of helicopters or other aircraft.

18 See Table 1 Conditions and LDO Guide – consent may be required to undertake such investigations.

Local Development Order: East Sleekburn Sites ADOPTED 27 Appendix 1: (Schedule 1) LDO boundary plans

Appendix 1: (Schedule 1) LDO boundary plans

28 Local Development Order: East Sleekburn Sites ADOPTED Appendix 1: (Schedule 1) LDO boundary plans

Local Development Order: East Sleekburn Sites ADOPTED 29 Appendix 1: (Schedule 1) LDO boundary plans

30 Local Development Order: East Sleekburn Sites ADOPTED Appendix 2: Enquiry Form, Submission Form and Commencement Notice

Appendix 2: Enquiry Form, Submission Form and Commencement Notice

2.1 The LDO Enquiry Form, LDO Submission Form and LDO Commencement Notice are provided as a separate attachment and are available to view at:

http://northumberland.limehouse.co.uk/portal/planning/ldo/eastsleekburn

Local Development Order: East Sleekburn Sites ADOPTED 31 Appendix 3: Appendix 3 - Other consents

Appendix 3: Appendix 3 - Other consents

3.1 The LDO only relates to planning consent. The following identifies other consents and considerations. It should not be relied upon as an exhaustive list but is intended to be an aid to help consider potential requirements. Developers should satisfy themselves that they have fulfilled / obtained all necessary requirements / consents.

Table 3

Consent Comments Building Required for most works of a structural nature to promote standards for most Regulations aspects of construction, energy efficiency in buildings, the needs of all people, including those with disabilities, in accessing and moving around buildings. Highways Various highway consents may be required and will need to be sought from the Local Highways Authority. Waste The Duty of Care regulations for dealing with waste are applicable for any off-site movements of wastes. The developer as waste producer has a duty of care to ensure all materials removed go to an appropriate licensed disposal site and all relevant documentation is completed and kept in line with regulations.

The CL:AIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste. Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed on site operations are clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.

Careful consideration needs to be given to the disposal of any dredgings arising. Further guidance is available on the Environment Agency website http://www.environment-agency.gov.uk/business/topics/waste/default.aspx.

EnvironmentalThe development permitted may require an Environmental Permit under the Permit Environmental Permitting Regulations 2010 from the Environment Agency, unless an exemption applies. Environmental Permits help control the activities of some facilities that may harm the environment or human health and are required in addition to planning permission. For example, a Permit may be required for any waste operations or any discharges to ground or surface water, and may regulate issues such as emissions to air, noise, and odour.

Developers are advised to contact the Environment Agency to discuss whether an Environmental Permit would be required and identify whether this will affect the nature of their proposed development (e.g. layout, discharge points, building construction).

Hazardous Relates to the storage or use of specified hazardous substances at or above Substances specified controlled quantities – see Schedule 1 of the Planning (Control of Consent Major-Accident Hazards) Regulations 1999.

32 Local Development Order: East Sleekburn Sites ADOPTED Appendix 3: Appendix 3 - Other consents

Marine For works below the mean high water springs mark, a marine license from License the Marine Management Organisation (MMO) will be required before the works can be carried out.

The following link includes information on the marine license process, associated fees and charges and contact details. http://www.marinemanagement.org.uk/licensing/marine.htm

The marine licensing guidance documents can be found at the following link: http://www.marinemanagement.org.uk/licensing/how/guidance.htm

Any works may also require consideration under The Marine Works (Environmental Impact Assessment) Regulations 2007 (as amended) and early consultation with the MMO is advised.

Coal Extraction of coal is not permitted by this LDO and would need to be subject Extraction to a planning application. Works within Under the terms of the Water Resources Act 1991, and the Northumbrian 5m of top of Byelaws, the prior written consent of the Environment Agency is required the bank of for any proposed works or structures, in, under, over or within 5 metres of the River the top of the bank of the River Blyth, designated a ‘main river’. Blyth Culverting of Culverting ordinary watercourses requires the consent of the Lead Local ordinary Flood Authority - in this case - Northumberland County Council. watercourses Wildlife A wildlife license may be required from Natural England. A license can give License a person permission to carry out an activity affecting an animal or plant that would otherwise be illegal – potentially including survey work. AdvertisementDisplaying advertisements for businesses may require additional Consent advertisement consent.

Local Development Order: East Sleekburn Sites ADOPTED 33 Appendix 4: LDO Monitoring

Appendix 4: LDO Monitoring

Northumberland County Council has a duty to monitor its activities and to report on those activities to its residents and other interested parties. To this end the authority will report each year on the extent to which LDOs are achieving their purpose.

Various conditions identified in the LDOs will be monitored in accordance with the authority’s standard enforcement practises as would be the case for any normal planning approval. Additional monitoring will specifically measure the performance of the LDOs against the justification for the LDOs, as set out in the respective Statements of Reasons. Where necessary, in response to monitoring, the County Council may make revisions to the LDOs such as revisions to development requirements and conditions.

The following table illustrates the monitoring indicators and key considerations which may trigger review of the LDO:

Table 4

Indicator Action / Review

Timescales for determining To be assessed against target determination / verification development to be in process of 21 days + 28 days. If found to exceed target conformity with LDO the LPA will consider reasons and potentially review the LDO(s) e.g. to provide further guidance on what information is required or further design guidance, or look to improve processes.

No. of developments If the number of developments requiring planning permitted through LDO(s) vs approval exceeds the number being progress under the No. of developments requiring provisions of the LDO(s), the LPA will investigate the a planning application. contributing factors and may look to make revisions to the LDO(s).

No.of proposals within the If most developments come forward requiring EIA the LDO sites determined to need LPA will consider the viability of assembling further EIA. environmental information to determine the impacts of a wider scope of development and potentially extend the EIA / Habitat Regulation work.

Floor space(sqm)/Area of land Floor space created will be considered in context of wider (ha) within LDO sites understanding of employment land demand. The LPA developed by Use Class may consider reviewing elements of the LDO(s).

Net additional businesses by Net additional businesses created on the site and also sector in other locations within Northumberland will be measured to consider economic growth being achieved. If demand emerges for sectors not identified in the LDO(s) the LPA and Arch will consider potential revisions to allow for other sectors within the LDO(s).

34 Local Development Order: East Sleekburn Sites ADOPTED Appendix 4: LDO Monitoring

Indicator Action / Review

Approximate net additional Approximate net additional jobs in the LDO sites will jobs in LDO sites measure jobs created once developments are operational.

No. of enforcement actions If enforcement actions are taken for development under due to non-compliance with the provisions of the LDO(s) the LPA will consider the LDO(s) context of the breaches and may consider review and amendment of the LDO(s) e.g. in respect of conditions.

Local Development Order: East Sleekburn Sites ADOPTED 35 Contact details

Contact details

Below are the contact details for Northumberland County Council and Arch (The Northumberland Development Company). Further key contacts are detailed in the LDO Guide document.

Northumberland County Council

John Dowsett - Principal Planning Officer County Hall Morpeth NE61 2EF Telephone: 01670 622 639 Email: [email protected]

Arch – The Northumberland Development Company

Graham Adams – Business Development Manager Arch Centre for Enterprise Lintonville Parkway Northumberland NE63 9JZ Telephone: 01670 528 490 Email: [email protected]

36 Local Development Order: East Sleekburn Sites ADOPTED

If you would like this document in a different format, language or font size, please contact: Spatial Policy and Delivery Team Local Services Group Northumberland County Council County Hall Morpeth NE61 2EF Telephone: 0845 600 6400 Email: [email protected] Website: www.northumberland.gov.uk