Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Reference: Site: 13/00880/OUT Intu Lakeside West Thurrock Way West Thurrock Essex RM20 2ZP

Ward: Proposal: West Thurrock And Part demolition/reconfiguration of existing western entrance to South Stifford shopping centre (adjacent to Marks and Spencer unit), external entrances to Marks and Spencer unit and associated structures, and cinema. Demolition of bridge link between car parks 10 and 12 and associated external lift and stair cores. Erection of new buildings within use classes A1, A3, A4, A5, C1 and D2 together with ancillary facilities and alterations to existing cinema and Marks and Spencer unit including replacement entrances. Formation of replacement western entrance to shopping centre at ground and first floor levels including change of use of retail floorspace at first floor level (use class A1) to mall space (sui generis). Provision of new public realm and landscaped areas, including a new town square, new external pedestrian walkway at first floor level, and alteration of existing and creation of new boardwalk areas adjacent to the lake. Alterations to existing and creation of new vehicular, pedestrian and cycle access and egress arrangements and other ancillary works and operations.

Plan Number(s): Reference Name Received Parameters Plan 1 – Outline application site 120066-D-101 A 02.09.2013 boundary Parameters Plan 2 – Demolition and existing 120066-D-102 A 02.09.2013 levels Parameters Plan 3 – Block plan and uses 120066-D-103 B 02.09.2013 Parameters Plan 4 – Minimum / Maximum 120066-D-104 B 02.09.2013 siting Parameters Plan 5 – Proposed heights 120066-D-105 B 02.09.2013 Parameters Plan 6 – Proposed public realm 120066-D-106 B 02.09.2013 and vehicular access works

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

The application is also accompanied by:  Planning Summary (September 2013)  Planning Statement (September 2013)  Air Quality Assessment (September 2013)  Design and Access Statement (including Landscape Strategy, Town and Visual Impact, Lighting Strategy, Construction Methodology) (September 2013)  Ecological Assessment (September 2013)  Energy Statement (September 2013)  Flood Risk Assessment (September 2013)  Environmental Ground Condition Assessment (September 2013)  Acoustic Report (September 2013)  Transport Assessment (September 2013)  Supplementary information  Supplementary letter, Royal Haskoning 4.11.13  Supplementary report, Royal Haskoning 4.12.13  Travel Plan Clarification Note, Royal Haskoning 15.11.13  Tree Report (September 2013)  Arboricultural Impact Assessment (September 2013)  Arboricultural Method Statement (September 2013)  Utilities Report (September 2013)

Applicant: Validated: INTU Lakeside Limited 2 September 2013 Date of expiry: 2 December 2013 Recommendation: Approve, Subject to conditions and s.106 agreement

1.0 DESCRIPTION OF PROPOSAL

1.1 This outline application with all matters reserved relates to land within the eastern part of Intu Lakeside (Lakeside Shopping Centre). The formal description of development is detailed below;

1 Part demolition / reconfiguration of existing western entrance to shopping centre (adjacent existing Marks & Spencers unit), external entrances to Marks & Spencer unit and associated structures, and cinema. 2 Demolition of bridge link between car parks 10 and 12 and associated lift and stair cores. 3 Erection of new buildings within Use Classes A1 (Shops), A3 (Restaurants & Cafes), A4 (Drinking Establishments), A5 (Hot Food Takeaway), C1 (Hotels) and D2 (Assembly and Leisure) together with ancillary facilities and alterations to existing cinema and Marks and Spencers (M&S) unit including replacement entrances.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

4 Formation of replacement western entrance to shopping centre at ground and first floor levels including change of use of retail floorspace at first floor level (Use Class A1) to Mall Space (Sui Generis Use). 5 Provision of new public realm and landscaped areas, including new town square, new external pedestrian walkway at first floor level, and alteration of existing and creation of new boardwalk areas adjacent to the lake. 6 Alterations to existing and creation of new vehicular, pedestrian and cycle access and egress arrangements and other ancillary works and operations.

1.2 The development site principally comprises the currently public realm and surface car park adjacent to M&S and the cinema. The following describes the development and provides references for the various elements of the proposal that will be used within this report:

New buildings

1.3 For the purpose of description, the new buildings are defined as five blocks ‘A’ through to ‘E’;

 Block A – This two storey building would be located immediately west of the Mall. The building’s southern flank would define the northern part of the proposed Street which is proposed to extend westwards from the remodelled Mall entrance. The western flank of the building would define the eastern boundary of the proposed Family and Town Squares. Subject to the parameters described below, Block ‘A’ would measure approximately 113m (north / south) and 85m (east / west) with a maximum height of 17m. Subject to the overall development floorspace limitations set out within Table 2 below, this building is proposed to be put to uses falling within Use Class A1 (Shops), A3 (Restaurants & Cafes), A4 (Drinking Establishments), A5 (Hot Food Takeaway) and D2 (Assembly and Leisure).

 Block B – This two storey building would be located immediately south of MSCP 12. The building’s southern flank would, in part, define the northern part of the proposed Town Square located at the centre of the development. The western flank of the building would front onto Lake Alexandra and the proposed Waterfront area. Subject to the parameters described below, Block B would measure up to 60m (north / south) and 83m (east / west) with a maximum height of 17m. Subject to the overall development floorspace limitations set out within Table 2 below, this building is proposed to be put to uses falling within Use Class A3 (Restaurants & Cafes), A4 (Drinking Establishments), A5 (Hot Food Takeaway) and D2 (Assembly and Leisure).

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

 Hotel above Blocks A & B – The application proposes the erection of a hotel (Use Class C1). The applicant advises that the hotel is likely to be a mid-range (3-4 star) operator, and the number of beds is anticipated to be up to 150. A zone for the location of a hotel has been identified on the Parameters Plans. It is the intention for the hotel to be situated to the north side of the Town Square within or overlapping Blocks A and B. Subject to the siting parameters described below, the hotel would measures up to 15.5m (north / south) and 64.5m (east / west) with a maximum height of 35m. The indicative sections (p56 D&A Statement) detail the hotel being 5 storeys (in addition to the two-storey building it sits above).

 Block C – This comprises alterations to, extension and remodelling of the existing cinema. The parameter plans detail additions to the north, east and west of the existing building. Subject to the parameters described below, the main extension would project 33m from the current flank wall of the cinema building (north / south) and measure 93m (east / west) with a maximum height of 17m. The applicant advises that the works would see the extension of the existing building to provide three new screens, together with the relocation of the existing cinema foyer to front the new Town Square located to the north of the reconfigured. In addition, it would see the introduction of new uses falling within Use Class A3 (Restaurants & Cafes), A4 (Drinking Establishments), A5 (Hot Food Takeaway) and D2 (Assembly and Leisure). The applicant advises that the resultant building would have active street frontages to the main public spaces. The indicative sketches detail the comprehensive recladding and remodelling of the building.

Block C also incorporates a modest extension wrapping around the northern end of the Boardwalk. Subject to the parameters described below, this extension would measure 10m (north / south) and measure 23.5m (east / west) with a maximum height of 9m.

 Block D – This detached two storey building would be located at the western head of the Town Square, located between Blocks B and C. The western flank of the building would front onto Lake Alexandra and the proposed Waterfront area. Subject to the parameters described below, Block D would measure up to 23m (north / south) and 20m (east / west) with a maximum height of 15m. The parameter plans detail a pedestrian route measuring a minimum of 6m either side of block D, affording a pedestrian link from the Town Square to the Waterfront area. Subject to the overall development floorspace limitations set out

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

within Table 2 below, this building is proposed to be put to uses falling within Use Class A3 (Restaurants & Cafes), A4 (Drinking Establishments), A5 (Hot Food Takeaway).

 Block E – This two storey extension to the front of the current M&S building would be located immediately west of the Mall. The building’s northern flank would define the southern part of the proposed Street which is proposed to extend westwards from the remodelled Mall entrance. Subject to the parameters described below, Block E would measure approximately 6m (north / south) and 64m (east / west) with a maximum height of 14m. Subject to the overall development floorspace limitations set out within Table 2 below, this building is proposed to be put to uses falling within Use Class A1 (Shops), A3 (Restaurants & Cafes), A4 (Drinking Establishments) and A5 (Hot Food Takeaway).

1.4 The development proposes a series of linked walkways created at first floor level within the building frontages, the façade of the commercial units being recessed behind this walkway. The walkways would, via a series of bridge links, connect Blocks A, B, C and D at first floor level and provide a link to MSCP10 and to the reconfigured entrance to the existing Mall. The walkway would circle the Town Square and extend along it’s the frontage with the Waterfront. The first floor walkway would be incorporated within the buildings fronting the proposed Family Square and The Street and in doing so afford views of the activity therein. The applicant advises that the balconies could be used to provide external seating areas for bar / restaurants. In addition to access via the Mall and MSCP10, access to the first floor walkway is proposed to be gained via steps by the Waterfront and by two lift / stair cores located at opposite ends of the Town Square.

Alteration and change of use of an existing mall entrance

1.5 Access from the existing mall entrance adjacent to M&S is currently only achievable at the lower mall level. The application proposes to remodel the entrance. In part, this involves the removal of a single retail unit (currently Ann Summers) located above the existing ground floor entrance in order to create a new double-height entrance.

1.6 There is an existing Mall entrance by Debenhams, located on the north-west flank of the Mall. This is a convenient entrance to and from the mall from the MSCPs 10 and 12. The new development proposes to upgrade this route by removing the ramps and high level walkways which currently compromise the route, and also to improve the quality of the public realm immediately outside of the mall entrance.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

New public realm and landscaped areas

1.7 The application proposes new public realm and landscaping. The key spaces are described below. The ground floor of the development is set at the level of the lower mall. The public realm provides two connections to remodelled mall entrances.

(1) The Street – The Street is proposed to be formed between the proposed new buildings (Blocks A and E) and would lead to and from a remodelled western entrance to the mall. The street leads to the Family Square, which leads to both the proposed new Town Square and the existing Boardwalk. The section of the Street from the Mall entrance to the Family Square is proposed to be enclosed by a roof and fronted by commercial units, including some retail. The Street is proposed to be a minimum of 12m wide.

(2) Family Square - The Family Square is the smallest of the proposed main public spaces and is situated at the head of The Street. It would be enclosed by Blocks A, C and E. The applicant advises that ‘It is the meeting point of four routes and by its nature will be a place where visitors dwell. The potential leisure, food and drink operators off this square will provide a wide range of activity and engagement at street level, and whilst a route through the square will need to be made available for emergency vehicles, a wide range of family based events and interventions can take place here’. The Family Square is proposed to be a minimum of 26m by 18m.

(3) Town Square – The Town Square is at the centre of the proposed development. It is proposed to measure a minimum of 34m (north / south) and 60m (east / west). The square would be fronted by the proposed leisure, restaurant, bar and the remodelled cinema (within Blocks A, B, C and D), all of which are proposed to have active frontage onto this space. The Town Square has views to the lake, but is partially enclosed by a central block (D). The applicant advises that space has been designed to facilitate hosting a number of events. The town square is entirely pedestrianised (only emergency and some service vehicles are proposed to pass through the square).

(4) The Waterfront - The Waterfront comprises the area between the Town Square and the Alexandra Lake. The applicant advises ‘Steps down to the water’s edge provide the opportunity for recreational water sports, and provide a staging area for waterfront events such as firework displays and shows’. The parameter plans detail large units with aspects towards the Lake.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

(5) The Boardwalk Route – This is proposed to be created between the façade of the extended cinema (Block C) and the existing Boardwalk. This route is proposed to be a minimum of 8m is width and connect onto the Family Square.

Creation of two new arrival points and upgrading of link along the western edge of the lake

1.8 An internal access road currently runs through the western part of the Intu site. This road runs parallel with the lake, passes through the under croft beneath Brompton Walk before passing the rear of The Boardwalk and continuing between MSCPs 10 & 12. Whilst the existing vehicular entry routes from the surrounding area into Intu Lakeside will remain, the application proposes the closure of the western perimeter road to through traffic (for all but emergency vehicles) at the southern boundary of car parks 10 and 12. This would facilitate the remodelling of the road to create two arrival points and the enhancement of the pedestrian footway along the lake edge.

 Arrival Point 1 – This is located north of the Town Square. This area will provide both a drop off area. A vehicular turnaround facility is proposed together with a new location for the Taxi Rank. The design of the turnaround area is also sufficient to allow a double decker bus to perform a u turn so that it can depart the area.

 Arrival Point 2 – This is located south of the Town Family Squares and the rear of the Boardwalk. It is proposed to form a drop off/turnaround area. This is intended as a secondary facility to Arrival Point 1 due to the presence of loading areas and the bridge from the Centre to the Boardwalk.

 Enhancements to the Western edge of Lake Alexandra - The closure of the western perimeter road to through traffic provides the opportunity to undertake works to improve pedestrian and cycle access through widening a 250m length of existing footway adjacent to Alexandra Lake to create a footway / cycleway. This is proposed to be achieved through reduction of vehicular carriageway space along the western perimeter road. The indicative scheme retains 2 inbound lanes along the western perimeter road, but reduces the outbound lanes down from two lanes to one. For those visitors arriving at Car Parks B, C and D, crossing of the perimeter road would be taken by way of the existing crossings between the Dive Centre and a new crossing.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Alterations of the existing Multi-Storey Car Parks (MSCPs)

1.9 The scheme is predominantly developed on the existing surface car parks 9 and 11. These car parks contain 434 spaces which will be lost as a result. These spaces will not be replaced elsewhere given the remaining level of parking provision which for the most part is not fully utilised and the desire to promote more sustainable methods of transport and linked trips. The applicant is proposing that MSCP 12, which is currently only used during peak periods, would be first brought into permanent use. This car park contains 1,965 spaces.

1.10 In relation to MSCPs 10 and 12 located within the northern section of the site, ingress is currently obtained via the northern perimeter road. Egress from car parks 10 and 12 is currently taken by way of the existing 4 arm roundabout located along the western perimeter road. It is proposed that this roundabout is altered in order to provide a turnaround area. Traffic would no longer be able to exit the car parks at this point. It is proposed to provide egress from MSCPs 10 and 12 via a remodelled roundabout junction that would be formed between the northern and western perimeter roads.

Outline nature of the proposal and parameter plans

1.11 This is an outline application with the layout, scale, access, appearance and landscaping reserved for subsequent consideration. Whilst all matters are reserved, the application is accompanied by six Parameters Plans described below. The purpose of these plans is to provide a degree of certainty regarding the proposals and establish parameters to which the reserved matters will have to adhere;

- Parameters Plan 1 – Outline application site boundary– this details the extent of the application site and the applicant’s ownership. The red line site boundary extends 5.85 ha and includes existing surface car parks 9 and 11, the western perimeter road and surrounding environs.

- Parameters Plan 2 – Demolition and existing levels– this details the existing site and areas existing buildings to be demolished, refurbished or altered. The areas of demolition include the raised walkways to MSCP’s 10 and 12, a limited part of the Vue cinema and frontage to M&S. The areas of reconfiguration relate to part of the Vue Cinema and the western entrance to the Mall.

- Parameters Plan 3 – Block plan and uses – this details the extent of development and plot identification numbers (as detailed above);

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

- Parameters Plan 4 – Minimum / Maximum siting– this fixes certain building lines and out with those details the minimum and maximum limits on the deviation of the siting of buildings and the width of the public realm.

- Parameters Plan 5 – Proposed heights - details the minimum and maximum building height Above Ordinance Datum (AOD) as referred to in the description above.

- Parameters Plan 6 – Proposed public realm and vehicular access works – this plan clarifies the extent of proposed access works within the site.

1.12 Use – The floorspace of the various elements and uses are detailed in Table 2 below. The Net Additional Gross Floorspace (NAGFS) for the total development is 31,055sq.m of which;  725sq.m is A1 (Shops)  9,267sq.m is A3 (Restaurants & Cafes), A4 (Drinking Establishments), A5 (Hot Food Takeaway)  5,340sq.m is C1 (Hotel)  11,447sq.m is D2 (Assembly and Leisure)

1.13 Layout - comprises the way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development. Whilst layout is reserved Parameters Plan 4 fixes certain building lines and out with those details the minimum and maximum limits on the deviation of building siting.

1.14 Access - covers accessibility to and within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network. No changes are proposed to the points of vehicular access to LSC from the public highway. All the proposed changes are to sections of internal roads. Parameter Plan 6 details the extent of proposed access works within the site.

1.15 Scale - relates to the height, width and length of each building proposed in relation to its surroundings. Whilst scale is a reserve matter, Parameter Plan 5 details the maximum building height. Parameters Plan 4 fixes certain building lines and out with those details the minimum and maximum limits on the deviation of building siting.

1.16 Appearance - comprises the aspects of a building or place within the development which determine the visual impression it makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture. Whilst appearance is reserved, the details

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

accompanying the application provide indicative details of appearance of the buildings and public realm.

Planning obligations - Below is the applicants proposed Heads of Terms;

1 Production, implementation and funding of a Travel Plan.

This will include; (a) Prior to occupation of development Intu will submit a Travel Plan for approval by the Council and thereafter implement it in accordance with the approved Travel Plan. The Travel Plan shall follow the overall principles set out in the Travel Plan for the northern extension, albeit with measures reflecting the nature of this proposal. No floorspace hereby permitted shall be occupied until the Travel Plan is agreed. (b) Within one year of the implementation of the planning permission the Council and Intu will set up and participate in a Travel Plan Monitoring Group to monitor and review the implementation of the Travel Plan. (c) Intu to appoint a Travel Plan Manager (d) To undertake travel surveys for five years from occupation to measure the effectiveness of the travel plan and to inform future actions pursuant to the Travel Plan (e) Intu to pay a financial contribution of £150,000 towards the implementation of measures within the Travel Plan. Such measures to be agreed by the Travel Plan Monitoring Group would include either; - Provision of a subsidy to improve / enhance late night bus services serving Lakeside; and/or - Infrastructure enhancements necessary to achieve the modal shift targets

Such monies shall be; (i) for additional measures, i.e. measures out with what the applicant has committed to and or undertake as part of the retail or leisure development, (ii) in addition to the £325,000 ‘Public Transport Contribution’ payable as part of the Retail permission.

2 Variable Messaging System (VMS) 1. Prior to commencement of development Intu will submit a ‘VMS Strategy’ for approval by the Council and thereafter implement it in accordance with the approved VMS Strategy. The VMS Strategy shall;

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

(a) Contain a strategy for the creation of four parking zones within Intu Lakeside.

(b) Detail the VMS signage and associated infrastructure which shall include the following;

(i) VMS signage and associated infrastructure at each access and associated barrier into Intu car parks (Car park access signs). Such signage shall detail the current parking levels within the relevant car park / parking zone (as relevant). (herein referred to as the ‘VMS Car Parking Signs’)

(II) VMS signage and associated infrastructure at the 3 principle points of vehicle access to Intu Lakeside from the Public Highway, namely;

- Northern access – spiral access road to and from the A1306 (Arterial Road West Thurrock).

- Central access – The central access point is a grade separated junction providing access from the A126. There are two accesses into Intu Lakeside from the roundabout.

- Southern access – from the roundabout known as Lancaster Roundabout connecting Intu Lakeside with the A126, West Thurrock Way (B186) and Heron Way.

And, in addition;

- VMS signage and associated infrastructure for traffic coming from Junction 31 of the M25 to the MSA roundabout on the A1306.

Such signage shall detail the current parking levels within the relevant parking zone (as relevant). In addition, they shall be designed to display information following integration into a Lakeside Basin area wide VMS.

(herein referred collectively as the ‘VMS Parking Zone Signs’)

(III) VMS detection loop and associated infrastructure

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

on Fenner Road together with an advanced VMS warning signs on the A1306 Arterial Road and Pilgrims Lane, West Thurrock. (herein referred to as the ‘VMS Fenner Road Signs’)

(c) Detail how the VMS system will operate and be managed and maintained

(d) Assess how the system would assist in the route management and the management of traffic.

(e) Details of how the proposed VMS can form part of and be integrated within a Basin Wide VMS signage system, including methods for sharing live data from the system.

(f) Detail the Capital Costs of the VMS system

Capital costs include expenses for tangible goods and shall exclude costs associated with land, operation, management and maintenance.

2. Prior to the occupation of any new floorspace within the development Intu will install the VMS scheme as per the approved VMS strategy and thereafter operate, manage and maintain the system in accordance with the approved VMS Strategy (or any approved amendment to that strategy)

3. Intu's obligation toward the VMS scheme (excluding ongoing operation, maintenance and management) shall be limited to £500,000. 4. Operation, Management and Maintenance;

I. Intu shall be responsible for the operation, management and maintenance of the VMS system. This shall strictly accord with the agreed VMS Strategy (or any amendment agreed).

II. Following written notification to Intu, the Local Highways Authority can assume responsibility for the operation, management and maintenance of the VMS system comprising those elements located within the public highway or those elements of the VMS comprising ‘VMS Parking Zones Signs’ and ‘VMS Fenner Road Signs. This shall be at no cost to the Local Highway Authority.

III. In the event of the transfer of responsibility to the Local Highway Authority, Intu shall;

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

- continue to operate those retained parts of the VMS system in accordance with the agreed VMS Strategy and provide the Local Highway Authority with real-time information from their VMS system on parking capacity.

- Intu to pay the Council a proportionate management fee on an annual basis to take this on. The sum to be agreed prior to the transfer of responsibility.

3 Create a footpath and cycle link from the south eastern corner of Western Distributor Road to West Thurrock Way and to afford pedestrian / cycle access along this link (on a permissive basis). 4 Creation of the northern link (i) Subject to securing all necessary consents, Intu to procure the construction of the link road in a location as per the proposals in planning application reference 12/50446/TTGFUL or other similar route to be agreed with the Local Planning Authority to an interim specification to be agreed and sufficient to fulfil the requirement to be the Dedicated Bus Link under the Tesco Agreement within 3 months of grant of planning permission.

(ii) No floorspace hereby permitted shall be occupied unless the link road has been constructed as per 4(i) above by 22nd December 2014 or later date as may be agreed with the Local Planning Authority.

(iii) Following construction of the link road Intu shall be obliged to grant bus operators and their passengers a right of way over that part of the road that falls within the intu site and access/egress to the public highway network via the bus station.

(iv) Following construction of the footpath/cycleway to permit public access on foot and cycle over the permissive footpath/cycleway.

(v) Intu will maintain a dedicated link road, permissive footpath and cycleway.

(vi) The sum of the Tesco contribution is repayable to Thurrock Council in full in the event that the link road is not completed in accordance with clause 1 (i) or (ii) above on or before 22nd December 2014

Obligation on Thurrock Council (i) Upon request to pay Intu the £270,000 contribution paid by Tesco under the terms of the Tesco Agreement to fund the link road /

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

footway / cycleway.

5 Local Labour and Education/Training Initiatives

A. Education and Training Facilities

(i) Intu, through its contractor, will make available facilities (details to be agreed) for the purpose of educating and training from the commencement of development until the development ceases (or any such period first agreed). Details to be agreed prior to the commencement of development.

B. Apprenticeships

(i) Intu will use reasonable endeavours to ensure that its contractor enables a minimum of 5% of total personnel employed in the construction of the development directly or indirectly, to work on an apprenticeship which may be on or off-site.

(ii) A workplace coordinator will liaise with the Council’s nominated contact and the National Apprenticeship Service regarding the provision of each apprenticeship and providing monitoring reports to the Councils nominated contact.

(iii) Intu will use reasonable endeavours to ensure that its contractor enables a minimum of 5% of personnel employed in the construction of the development directly or indirectly, to work towards a National Vocational Qualification which may be on or offsite, for a period of 3 years.

(iv) Intu will use reasonable endeavours to ensure that its contractor undertakes an annual skills analysis of directly employed personnel to enable 75% of employees to work towards nationally recognised courses as continuous development.

C. Local Employment

(i) Intu will use reasonable endeavours to ensure that its contractor considers people from the local area for employment and apprentice opportunities. Take proactive steps to ensure that employment and apprentice opportunities are brought to the attention of and taken up by people from the Local Area.

D. Local Procurement

(i) Intu will use reasonable endeavours to ensure the contractor sources goods from local suppliers and to consider all applications

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

to tender received from small and medium sized enterprises located in the local area for the provision of goods and services (on the same basis as applications to tender received from elsewhere). This shall include

1. Companies in Thurrock shall be actively informed of opportunities to tender for business in supplying materials and services to the construction phase of the development

2 The developer and its contractors and sub-contractors to use reasonable endeavours to; (a) source goods and services from local suppliers for the construction of the development. (b) advertise and offer tendering opportunities to SME’s whose primary address is in Thurrock through local business networks/associations, business lists approved by the Council and local newspapers (c) deliver seminars on procurement policy and phasing not later than 3 months prior to the programmed commencement of development. Seminars to be advertised through local newspapers circulating throughout Thurrock and through business networks. 6 Access through Intu Lakeside (I) Prior to the occupation of any floor area hereby permitted, a route through Intu Lakeside to the Chafford Hundred Bridge Link will be submitted to and approved in writing by the local planning authority. Thereafter the defined route will be kept available for use by the general public at all times that trains are operating at Chafford Hundred railway station. 7 Monitoring Fee - £5,000 payable prior to commencement

1.17 Environmental Impact Assessment (EIA) - The development was subject to an EIA Screening Opinion (ref: 13/00491/SCR). The Council confirmed in June 2013 that the proposal is not EIA development.

Table 1: Summary of the proposal

1.18 The table below summarises some of the main points of detail contained within the development proposal.

Land Use Allocation: LDF Core Strategy Inset Map (West): Shopping Centre

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Site Area: 5.85 ha

Parking Loss of 434 spaces in surface car parks 9 and 11. MSCP 12, which is currently only used during peak periods, would be first brought into permanent use. This car park contains 1,965 spaces.

Employment Creating up to 1020 permanent new jobs, 330 construction jobs (over two years) and a further 1,060 spin-off jobs elsewhere in the region.

Total Capital Circa £100 million over approximately two years. Investment

Current Lakeside Circa 133,000 sq.m Gross Retail Space – Shopping Centre comprising 260 shops, 3 Anchor Stores, 1,100 seat food court plus 30 cafes and restaurants, banks, building societies, travel agents, leisure uses including a 7-screen cinema)*. (*excludes existing unimplemented permissions – see relevant planning history) Based on an employment survey of the LSC in August/September 2011, there are an estimated 6,000 people permanently employed in the LSC and 1,250 seasonal jobs. In terms of direct employment, LSC therefore currently employs 7,250 people, or 4,880 Full Time Equivalent (FTE) jobs.

Table 2: Development Floorspace Summary Use Class / type Existing Total Gross Gross Internal Net Additional Gross Internal Floorspace Gross Internal Floorspace proposed Floorspace Floorspace to be lost (including following (sq.m) by change reconfiguration development of use / / rebuild / (sq.m) demolition change of use) (sq.m) (sq.m) A1 (Shops) 282 282 1007 725 A3 (Restaurants 0 0 8546 8546 & Cafes), A4

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

(Drinking Establishments), A5 (Hot Food Takeaway) A3 (Restaurants 0 0 721 721 & Cafes), A4 (Drinking Establishments), A5 (Hot Food Takeaway) (Block E) C1 (Hotels) 0 0 5340 5340 D2 (Assembly 3615 454 11,901 11,447 and Leisure)* Other** 442 172 2,123 1,951 Other - walkway 0 0 2,325 2,325 TOTAL 4,339 908 31,963 31,055

*The 454 sq.m figure consists of 100sq.m to be demolished and 354 sq.m change of use to A3, A4 and A5 ** The 172 sq.m figure consists of 112sq.m to be demolished and 60sq.m change of use to A1, A3, A4 and A5

Figures quotes are Gross Internal Floorspace (GIF) – this is the area of a building measured to the internal face of the perimeter walls at each floor level and as such include communal areas such as the Mall, service corridors, lift & stair cores, service accommodation, and demise partitions.

2.0 SITE DESCRIPTION

2.1 LSC is located in the north-eastern part of the Lakeside basin. At the heart of the LSC is a shopping mall whose principal internal orientation is along a north-south axis. The main retail offer is located over two floors, with a food court on a smaller and centrally located third floor. The Mall contains a limited convenience provision, with a Marks & Spencer Food Hall providing the main grocery offer. The LSC also contains a number of small bakers, confectioners and health food shops. LSC contains a comprehensive range of national multiple comparison retailers and a considerable number of cafés and fast- food restaurants. The Lakeside Boardwalk contains a range of restaurants orientated towards Lake Alexandra and accessed externally to the mall. LSC also contains a 7 screen cinema located north of the Lakeside Boardwalk. 2.2 In design terms, the principal frontage of the shopping centre is orientated eastwards and contains three principle pedestrian accesses at grade. The

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

surface level car parks to the east and multi-storey car parks to the south, west and north east of the mall provide circa 13,000 parking spaces. LSC has its own bus station, located externally at the northern end of the mall. This currently serves 13 principal bus routes. 2.3 The application site comprises the current cinema, adjacent surface car park for approximately 465 cars together, associated public realm and internal roads. The site is located to the west of the main Mall and is defined to the north by Multi-storey car park 12 (aka the Christmas Car Park) and MSCP 10. A four lane access road runs through the middle of the site, and is used by cars, buses, service and emergency vehicles. Lake Alexandra itself runs along the western boundary of the site, fronted by a grass bank lined with mature trees.

2.4 To the west of LSC and Alexandra Lake are the Lakeside Retail Park and a Tesco Foodstore, both of which are under separate ownership. To the south of LSC, beyond West Thurrock Way, are a car dealership and three large detached retail warehouses (Ikea, B&Q and Costco). The northern boundary of the site is defined by a steep cliff edge to the north of which is the A1306 (Arterial Road West Thurrock) and Arena Essex.

2.5 The LSC can be accessed from the public highway network via three access points described below;  Northern access – The northern access point provides access to and from the A1306 (Arterial Road West Thurrock) which runs east-west, connecting to the M25 / A282 to the west at Junction 31 of the M25.

 Central access – The central access point is a grade separated junction. It provides access from the A126 which runs north-south connecting with the A13 to the north. The junction with the A13 and A126 is provided with west facing slip road only i.e. traffic can only leave and join the A126 to the west. Access from the east of the central access point is gained by vehicles, pedestrians and cyclists from Fenner Road that passes on the north-west side of Chafford Hundred. There are two accesses into the LSC from the roundabout.

 Southern access – The southern access point is from the roundabout known as Lancaster Roundabout connecting the LSC with the A126, West Thurrock Way (B186) and Heron Way. The A126 continues south to the junction of London Road and Stoneness Road and incorporates a footway along its eastern edge. Heron Way provides access to further retail areas south of the LSC such as the Mercedes Benz car showroom, Ikea and B&Q. West Thurrock Way provides access to the large retail areas located to the west of the LSC including the Lakeside and Junction Retail Parks. West Thurrock Way connects to the A1306 providing access east-west and

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

to the M25/A282. It is a dual carriageway, separated by a central verge. Footways and cycleways are located along either side of the carriageway and the road has a number of signalised crossing points.

2.6 Chafford Hundred train station is located approximately 150m from the nearest entrance point to LSC. Access from LSC is gained by way of an enclosed footbridge link over the A126. Chafford Hundred Train Station is located upon the Fenchurch Street, London to Grays line which is operated by C2C. Services operate at approximately 30 minute frequency.

3.0 RELEVANT HISTORY

3.1 The Lakeside Basin is a former chalk quarry, which was excavated in the mid- twentieth century. By the late 1970’s the site had been excavated. The completion of the M25 and the new A13 prompted major changes to the local economy making the area more attractive to distribution and logistics companies and to the retail sector. Distribution and logistics uses remain to the south of the Lakeside Basin. Major retail development took place in the mid-1980s with the completion of a Tesco superstore. This was followed by retail warehousing and the opening of the Lakeside Regional Shopping Centre in 1990. When completed, Lakeside Shopping Centre had a gross retail floor area of circa 106,000sq.m. 3.2 In the last few years there have been applications to create additional retail floorspace within LSC;

 10/50209/TTGFUL - Permission was granted in April 2011 for the ‘Erection of a roof extension to accommodate 2,040sqm (gross internal area) Class A1 (retail) floorspace’. The permission has yet to be implemented and remains extant. It permits the creation of additional retail floorspace at roof level located on the western side of the shopping centre. At the time of applying, this was to accommodate ‘Forever 21’.

 08/00781/TTGFUL – Permission was granted in June 2009 for the ‘Erection of an extension to the existing retail store to be used for additional class (A1) retail floorspace and associated works’. This permission allowed the creation of circa 2,200sqm gross internal area as an extension to the Marks & Spencer store. This permission has been implemented.

3.3 Permission was granted in March 2012 for the ‘Provision of a new bus, cycle and pedestrian link road / path between Lakeside Shopping Centre and the Tesco Store, across the northern end of Lake Alexandra’ ref: 12/50446/TTGFUL. The road would adjoin the Tesco service road in order to facilitate the passage of buses. The legal agreement associated with

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

permission for the expansion of the Tesco Store ref: 01/00231/FUL facilitates the passage for buses along a service road to the rear of the Tesco store and made available funding towards the provision of the remainder of the link between Tesco’s service yard and an existing road within LSC.

3.4 Outline permission was granted in March 2013 for the following (ref: 11/50433/TTGOUT); ‘Part demolition of existing Debenhams store and demolition of existing bus station. Alteration and extension of the Northern end of the shopping centre including erection of new buildings for uses within use classes A1-A5 and a new multi-storey car park. Erection of a new bus station and the alteration and extension of the shopping centre on its Eastern side including the erection of new buildings for uses within use classes A1-A5. Provision of new public realm and landscaping area. Provision of temporary bus station comprising works to existing surface car parking area, alterations of existing and construction of new vehicular, pedestrian and cycle access and egress arrangements and car parking and other ancillary works and operations’.

3.5 In summary, the permission allows for the partial demolition of the existing Debenhams store together with extensions to the northern and north-eastern part of the existing LSC mall together with the provision of a new multi storey car park. This element of the development would extend the mall to the north and provide a new externalised street flanked by the new extensions. The development includes the provision of a new bus station on the south-eastern side of the shopping centre together with an extension to the shopping centre.

3.6 The Net Additional Gross Internal Area (NAGIA) for the permitted retail floorspace is 40,704m2 of which between 3,053m2 to 4,884m2 is for A3 (Restaurants and Cafes), A4 (Drinking Establishments) and A5 (Hot Food Take Away). The amount of shop (Use Class A1) floorspace permitted is 35,820m2 to 37,651m2 NAGIA of which up to a maximum of 1,991m2 NAGIA would be convenience goods retail (i.e. Food and alcoholic and non-alcoholic beverage, tobacco, news papers and non-durable household goods) with the remainder (33,829 to 35,700m2 NAGIA) comparison goods retail (i.e. clothing, shoes, Furniture & furnishings , household appliances etc).

3.7 The retail expansion secured a number of obligations summarised below;

 Pontoon bridge crossing Lake Alexandra - within 1 year of commencement submit a bridge specification and construct by 12 months after Trigger Date (First occupation of any Net Additional Retail Space) and not to occupy 7,500 sq m of Net Additional Retail Space (additional retail floor space by formula) until constructed.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

 Bus Station Extension – when the use of the bus station exceeds a specified level of use to make part of the site available at nil cost for the expansion of the bus station.

 Basin Wide Car Park Management Regime (BWCPMR) – to participate in the formation of the BWCPMR, provide information to assist in its implementation, produce a car park naming and signing strategy and allow for the installation of Variable Message Signage on the entrances to the site.

 Complementary Planning Strategies Contribution - £185,000 payable prior to commencement for the formulation and implementation of complementary planning and regeneration strategies in Grays town centre or within the Thurrock area. Repay 7 years on request.

 VMS / Fenner Road Works – Variable message signage and detection loop scheme to be submitted and implemented prior to an agreed Trigger.

 Footpath Link – to West Thurrock Way to be constructed prior to the Trigger Date and not to occupy any Net Additional Retail Space until constructed.

 Highway Works – Prior to first occupation of net additional retail space undertake the Highway Works comprising improvements to M25 Junction 30 comprising re-alignment of M25 southbound slips to include two lanes plus 13m lane 1 flare and 160m lane 4 flare. Modifications to A13 eastbound on-slip road or amended scheme as agreed.

 Local Employment and Education/Training Initiatives

 Monitoring Fee - £5,000 payable prior to commencement.

 Northern Link Contribution – £270,000 paid under the Tesco Agreement to be paid by the Council to the Landowner on request after works commenced and if works not completed by the First Deadline (6 months prior to Tesco Agreement repayment (22/12/2014) or an extension date agreed to by Tesco’s) or Second Deadline (22/12/2014) to repay to the Council.

 Northern Link Road – New Bus, cycle and pedestrian link road. If the work on the northern link road has not been commenced and been substantially completed by the First Deadline of the 22.6.13 (i.e. six months prior to the

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

repayment date for the contribution secured from Tesco’s) then the landowner shall complete the road by the second deadline of 22.12.2014.

 Public Realm Contribution - £100,000 payable prior to commencement for funding public realm or other infrastructure improvements in the Lakeside Basin.

 Public Transport Contribution - £325,000 payable on or before the date 6 months prior to the Anticipated Occupation Date (Trigger Date) for Public Transport Purposes i.e. measures to move from private cars to (as determined by the Travel Plan Monitoring Group.

 Rights of Access – rights of access for SERT. If the Council proceed with the creation of a link to the land at Arena Essex the owner shall make available access to the link for construction and to grant access rights for public transport, pedestrians and cyclists. In the event the Arena Essex Site is developed for housing, retail or leisure, to allow the construction of a footpath from the A1306 to the LSC. Pedestrian link through LSC to the new bus station and Chafford Rail Station.

 Safeguarded Area/Route for Pedestrian / Green Bridge over West Thurrock Way

 Travel Plan with a Travel Plan Manager – By the Landowner for staff and customers, prior to the Trigger Date

4.0 CONSULTATIONS AND REPRESENTATIONS

PUBLICITY

4.1 The application was advertised by way of press advertisement and site notices. In addition, neighbours were notified by letter. At the time of drafting this report no letters of representation had been received. Members will be updated should additional letters of representation be received before the meeting. Copies of any additional letters will also be made available to view in the Member’s Letters Book.

4.2 HIGHWAYS AGENCY:

The HA is an executive agency of the Department for Transport (OfT). We are responsible for safeguarding the safe and efficient operation of the motorway and trunk road network (strategic road network -SRN) in England on behalf of the Secretary of State for Transport. We will be concerned at development that

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

impacts adversely on the SRN. In the case of Thurrock and in relation to this specific application, our main interest is M25 Junctions 30 and 31.

Further to our initial response of 30 September 2013, we have now received further information from the developer's consultant addressing our concerns on trip linking assumptions. We are now able to lift our holding direction.

While the traffic evidence suggest that the development may have minimal impact on the SRN, the HA requires that all reasonable measures are taken to manage down the traffic generation of development such as through travel plans. The TA notes that Intu Lakeside has an existing Travel Plan and that this was enhanced through the NEPP.

The developer is committed to bringing the NEPP Travel Plan enhancements forward as part of the current proposals (TA Paragraph 6.2.8).

The HA advises that planning permission should either be refused, or granted only subject to the enhanced aforementioned Travel Plan being brought forward as pledged in the TA. We therefore attach with this letter a TR110 to this effect.

4.3 THURROCK COUNCIL HIGHWAYS:

Recommendation: No Objection with Section 106 and Conditions.

Summary - There are no objections in principle to the development proposal. An assessment has been undertaken of the traffic impact, which shows increases to traffic queues along Fenner Road and on West Thurrock Way during the Saturday afternoon peak. The latter will primarily be caused by secondary vehicle trips as visitors to the Retail Parks drive to the proposed Leisure site and vice versa. However these will to some extent be mitigated by measures proposed by the applicant. In particular, the applicant proposes a variable message system on the A1306 approach to Burghley Road, which would advise traffic to divert to the A1306 Spiral Roundabout access to Lakeside, when there are long traffic queues on Fenner Road. In respect of the West Thurrock Way queues, the applicant proposes completing the bus link to Tesco’s, providing a northern footway link around the Lake and a footway on the eastern bank of the Lake. These would make it more attractive for visitors to pass between the Retail Parks and the Leisure site on foot or by bus and would contribute towards reducing car linked trips for the whole of INTU.

The applicant does not propose implementing the footbridge across the Lake, as they cite it is not affordable as part of this leisure expansion proposal. This

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

footbridge is already committed through the existing Lakeside retail expansion proposals. However if those plans do not come to fruition, there is the prospect of the Leisure development being implemented and the retail not coming forward and thus the opportunity to secure this bridge being lost. Given this footbridge is absolutely fundamental to the transformation of the Lakeside area, is it possible for the applicant to include in their Section 106 agreement an arrangement that would allow the Council and other partners in the basin to deliver the footbridge at some point in the future ?

Some details have been provided concerning a proposed variable message system (VMS) that advises visitors of the quantum of parking in respective car parks. The western distributor road will be closed as part of these proposals and therefore this VMS system is fundamental to managing traffic in the area. It is recommended that any consent requires full details to be submitted and approved before commencement. If the exact details of the VMS system are to be included in the Section 106 agreement, then further discussions will be needed with the applicant to refine the number, location, size and means of maintenance of the signs.

There are insufficient details of the Travel Plan for the leisure use. It is recommended that either a Section 106 obligation or planning condition is included, that requires submission of a Travel Plan that is aligned with the Travel Plan for the recent retail expansion consent, but tailored to the specific users of the leisure site. It may be that a survey after opening is necessary to help inform this Travel Plan, so it may be appropriate to defer it till 6 months after opening. If the exact details of the new measures and targets are to be included in the Section 106 agreement, then further discussions will be needed with the applicant to refine these details.

Car Parking - Policy CSTP 14 and PMD 8 Parking Standards - The TA indicates there are currently 12,500 car parking spaces are available. This differs from other historic figures, however it is assumed to be correct as a detailed schedule of parking space numbers is included on Drg. No. 9Y1400/RHDHV2. The TA goes on to say that the 1,965 space multi-storey car park in the northwest corner (Car Park 12) is only open at Christmas; therefore the total number of car parking spaces utilized for most of the year is approximately 10,600 spaces. Two days of car parking occupancy survey results are provided in the TA, this identified the maximum parking accumulation on a Friday of 45% and a Saturday of 70%. Therefore the development of the Cinema and M&S car parks for this development and the loss of 434 spaces is unlikely to have any significant impact on visitor's ability to find a parking space.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

In respect of car parking charging and management, which is referenced in LDF-CS Policy CSTP 14 Part 2 (iv); one of the objective of this policy is to promote more sustainable patterns of travel and reduce reliance on the car. On the positive side, this development proposal reduces the overall level of car parking,. Notwithstanding this, if the Policy requirement for parking charging is not going to be pursued as part of this development, it will need to be demonstrated that adequate non-car measures are secured and will be introduced to enhance access to the rest of the basin and promote non-car travel / modal shift. In any event, the development will need to take part in any basin wide Variable Message System and this is considered in more detail below.

The applicant has clarified that they do not support car parking charging and that they have made representations on this through the northern extension planning permission (NEPP) and at various times in connection with the LDF process. The applicant’s agent goes on to assert that it has been demonstrated within the TA and in their further information, that it is not necessary to introduce car park charging and appropriate non car travel improvements are being provided to achieve modal shift. It is their position that the underlying objective of policy is therefore met. These measures to achieve modal shift are considered in more detail below.

Means of Travel/Linked Trips - PMD 10 Transport Assessment and Travel Plans - The TA includes the results of a survey of visitors to existing leisure uses and the results were used to underpin some of the assumptions in the TA.

The surveys were undertaken at the Boardwalk and Cinema. The bus and train travel modes accounted for 23% (9% Bus and 14% rail) of leisure visitor's means of travel on a Friday, but significantly lower on a Saturday with only 16% (6% bus and 10% rail) of visitor using bus and train. This certainly suggests a much improved non-car travel mode when compared with historic figures.

The surveys also provide details some of the visitors "linked trips". It indicates that on a Friday as a whole, 87% of customers surveyed in the leisure area had also visited the Shopping Centre. On a Saturday this was 91%.

Linked trips between the Retail Park and the existing leisure offer were also recorded; this provided some very interesting results. It shows that on a Friday 37% of trips to the leisure uses had also visited another outlet within the wider Basin. The figure was 27% on a Saturday. This reinforces the need to improve pedestrian links to the rest of the basin to reduce the number of visitors that make linked trips by car and as a result drive along West Thurrock Way

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

between the shopping centre and retail park car parks. This is referred to below as secondary car trips. In particular it is conceivable that enhanced pedestrian links across and around the Lake could significantly increase linked trips by foot and in doing so assist in reducing traffic queues and delays on West Thurrock Way.

The TA only included a summary of the results and the full survey results were requested in order to determine whether the results are statistically significant and in particular whether there were enough respondents per hour to provide a large enough sample. The applicant’s agent has supplied this information, which indicates that 590 surveys were undertaken over a two day period. The applicant’s agent has advised that in the opinion of their surveyor’s, the sample size is satisfactory to be relied upon to make predictions. We are in agreement that the confidence level and interval for a sample size such of this is probably adequate. However, the applicant’s agent has then gone on to make predications based on peak hour surveys alone, which have a much smaller group of respondents, being 56 respondents in the Friday peak hour and 33 in the Saturday peak hour. The applicant’s agent highlights that the percentage of link trips between Land Securities and the Leisure area was 16.5% during Friday peak hour and 4% on Saturday peak hour. This variance highlights the lack of reliability using small peak hour sample groups which are not going to provide a representative assessment of linked trip percentages and this is considered in more detail below.

The range of data is actually much larger, as Sunday surveys are available, but have not been used as they do not coincide with the traffic assessment period. If Sunday surveys are included, there would be 941 surveys available. Of these for the whole of the day period 150 (16%) of the respondents had visited either Land Securities or Tesco’s prior to the Leisure area. So for the purposes of assessing the saving in trips arising from building a footbridge, it may be just as well to use the full daily linked trip results.

Nevertheless it does paint a positive picture that a large proportion of the visitors to the planned development may be as a result of linked trips arising from the existing (predominantly) retail activities. Therefore it would be reasonable to have more conservative traffic generation for the new leisure uses, though clearly in the later evening a higher proportion of leisure trips will be "new trips".

New Traffic Generation - The TA assesses the potential traffic generation using two approaches. The first approach uses the Trip Rate Information Computer System (TRICS) for the Cinema, Restaurants and Hotel uses. It then relies on a consultants report concerning Barton Square Shopping Centre at the Trafford Centre to determine the likely traffic generation from the

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

remaining leisure use. Lastly it relies on a past research paper to determine the level of traffic increase from the retail expansion. There were inadequate details of the Barton Square consultants report in the TA; these have subsequently been provided. The Barton Square report relates to the proposed legoland Discovery Centre at Barton Square, Trafford. The report relies on data from a site in Berlin. Whilst in the absence of any other data, this may be the default option for assessing this type of Leisure use, it would be preferable to use empirical data from an actual site in the UK, however none are available. The applicant’s agent indicates that this approach was taken as it reflects a leisure operator with a wider regional draw, than is the case with more common leisure operators and one which is located within proximity to the Strategic Route Network. Furthermore they indicate that the resultant trips are not dissimilar to those associated with other leisure uses and that this information was used in order to provide comfort in respect of the trip attraction of a range of different leisure operators

The research paper used to determine the retail expansion traffic generation was not appended to the TA and was subsequently supplied by the applicant’s agent. This research is from the early 1990’s and relies on data from the 1980’s. Whilst it is very interesting, it is now outdated and should not be relied upon for assessing contemporary retail traffic generation. The applicant’s agent says that this approach was accepted on the NEPP and Bluewater applications, but this in itself is no reason to continue to use this older research data. This approach to retail growth suggests the increase in traffic associated with the retail expansion would be 0.6%.

The second methodology is similar to above; however it combines the restaurant floorspace with the retail floor space and then uses a different methodology to assess the impact from those uses. This relies on the Highways Agency's proposals arising from the NEPP assessment; this suggests an increase in trips of 0.25% for every 1% increase in floorspace. This approach cast as much doubt as the dated research paper referred to above. The Council’s initial consultation response recommended that the Shopping Centre rely on their own historic data, however no response has been received to this suggestion.

In the TA the traffic generation results from both scenarios are aggregated into Table 7.1 and Table 7.2 respectively. The applicant’s agent has subsequently provided the traffic generation figures disaggregated by land use, along with reduced trips for assumed linkages with existing attractions. For example, Methodology 1 suggests the weekday total daily traffic generation would be 5585 daily movements, but following the discounting for links with existing CSC visitors, the predicted daily trips would reduce to 1311 movements. The critical times are the Friday afternoon peak and the Saturday lunch time; under

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Methodology 1 these peak hours traffic would generate 447 and 475 movements respectively, reducing to 86 and 175 following the linked trips discounting. So the importance of accurately assessing the discounting approach in determining traffic impact is paramount.

This discounting may well be valid for trips on the strategic road network; however in respect of the local road impact, it is not appropriate to discount the projected traffic levels for linkages with the retail park. Indeed the opposite may be true, as a high proportion of the surveyed 37% of people who visited the retail park and the leisure area, would have resulted in an additional secondary car trips on West Thurrock Way. Therefore the leisure expansion could result in an increase in these secondary car trips on West Thurrock Way. The initial consultation response recommended that this part of the TA methodology is reviewed and the impact at the Fenner Road and Lancaster Garage roundabouts are reviewed accordingly.

The applicant’s consultant has provided an assessment of these secondary trips which is reproduced below.

Friday Peak Saturday Peak In Out In Out Scenario 1 +23 +19 +24 +24 Scenario 2 +15 +12 +23 +23 Secondary Trips (Net Change in Traffic Movements)

It is understood this has been determined by applying the percentage surveyed linkage between the leisure and the retail park to the already discounted trips mentioned above. This does not provide a robust assessment of the potential secondary linked trips along West Thurrock and certainly does not allow for any increase linkage between Retail Parks and Leisure arising from the more attractive leisure use. It was recommended that the linked trips discount be reviewed and some sensitivity test be allowed for this potential increase in linkage.

The applicant’s agent subsequently provided a very robust assessment of these anticipated secondary trips, which is shown in the Table below. The implications of these trips will be considered later, but not surprisingly, the impact is primarily a significant increase in traffic travelling along West Thurrock Way to Lancaster Garage roundabout and vice versa, between the Retail Parks and INTU.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Primary Trips (New Secondary Trips Trips for Trips to the Basin) (linked to other uses Assessment in the Basin) Purposes In Out In Out In Out Friday 39 32 83 74 122 106 Peak Saturday 82 85 57 29 139 114 Peak Trip Types for Assessment

New Traffic Generation – Impacts - Section 8.3 of the TA deals with the external distribution of this new traffic; given the discounting mentioned above, the level of projected traffic in the Friday evening peak appears absurdly low, for example it projects 1 new west bound development traffic movement on Fenner Road between 17.00 and 18.00 pm. Conversely it shows no west bound development related traffic movements on Fenner Road between 12.00 - 13.00 hrs on Saturday, when it should be expected the traffic levels would be significantly higher. The initial consultation response advised that the developer should review Figures 3 and 4 of the TA, no further information has been received.

It should be noted that the queues and delays along Fenner Road and Burghley Road are getting extremely long, with traffic exiting Lakeside in the Friday evening peak and traffic entering in the Saturday lunchtime peak. Therefore the assessment in this area needs to be very precise to determine if mitigation is needed. It is unclear from the Figure 3 and 4 distribution figures what the actual impact is, for example the A126 south bound approach seems to show new traffic turning to Fenner Road without even visiting Lakeside. Similarly the A126 north bound shows new development trips that u-turn south bound without evening attending Lakeside. The initial consultation response asked the developer to review the traffic distribution in Figures 3 and 4 of the TA, although no further information has been received.

Para. 8.3.5 - 8.3.19 deals with internal redistribution of traffic arising from the closure of the western distributor road and this is shown in Fig 5 and Fig 6. As mentioned above, this does not take account of the potential increase in secondary trips on West Thurrock Way arising from linking between the Retail Parks and the leisure site. Given the most direct route for these secondary car trips will be into and out of car parks B, C and D, the internal distribution should be revisited to allow for an increase in secondary car trips.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Section 8.5 - 8.73 deals with the traffic impact on a Friday evening peak and Saturday lunch time peak. The initial consultation response indicated that this should be updated to allow for any new assumptions concerning the potential increase in secondary trips on West Thurrock Way arising from car trips between the Retail Parks and the leisure site. It is the applicants agents position that any impact will not be significant, however this has not been agreed as the methodology for calculating secondary trips has not been agreed.

The modelled outputs for Lancaster Garage and Fenner Road roundabouts does not reflect reality, it was previously recommended that model output should be validated using observed queues, particularly those east bound on West Thurrock Way and west bound on Fenner/Burghley Road. The applicants agent was of the opinion that given the models utilise traffic flows recorded in 2011 and no queue length data was obtained at this time. To use queue length values obtained from follow up surveys, is not in their view pragmatic, given that traffic conditions vary from day to day and will not reflect traffic flows previously identified.

Nevertheless in the supplemental transport assessment the applicant’s agent addresses this issue. In respect of Fenner Road the traffic model has been adjusted by artificially reducing the modelled Fenner Road entry width to create the observed queue. It is noted that this is not an ideal way of achieving the required output, however it is likely to given a good indication of increased queue lengths arising from the leisure proposals. Once the new trips and secondary trips are added to this revised model, it can be seen that the queue length will increase by 3 vehicles on a Friday and 2 vehicles on a Saturday. This level of impact will easily be mitigated by the applicant’s proposed variable message system on the A1306 approach to Burghley Road, which would advise traffic to divert to A1306 Spiral Roundabout access to Lakeside when traffic queues on Fenner Road.

In respect on Lancaster Road the traffic model was revised to highlight the existing Saturday afternoon queue that is present along West Thurrock Way. Once the new trips and secondary trips are added to this model, there is a significant increase in the queue length from 50 vehicles to 78 vehicles. This is clearly a significant impact and the applicant’s agent suggests that this will be mitigated by their proposed VMS. The VMS may reduce some of the new trips in this area, however it will not help mitigate the secondary trips on West Thurrock Way. There are options to increase capacity at this roundabout, however that would be contrary to the transport objectives in Lakeside, which are to make it easier to walk between retail areas, rather than drive. There is stronger case that the proposed bus link to Tesco’s, the northern footway link and the footway on the eastern bank of the Lake would contribute towards

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

reducing car linked trips for the whole of INTU and hence mitigate this impact. Whilst this approach would be acceptable, it would clearly be desirable to also secure the opportunity for the Council to build the footbridge across the Lake, if INTU’s NEPP proposals do not come forward and this approach is considered in more detail below.

Travel by Bus - The existing consent for the NEPP provides for the relocation of the bus station and construction of the bus link to Tesco's. The latter provides for a shuttle bus service and extension of existing registered services around the basin. The approach to determining mitigating transport measure is considered in more detail below, however it is recommended that the requirement for the provision of the Tesco bus link is included as a planning condition / obligation. This would enable the registered services to pass the Leisure site and pick up/drop-off directly from the northern roundabout, thus helping to reduce the secondary car trips.

The TA identifies that there are 13 bus services visiting the shopping centre and that 7 of the services operate a frequency of 20 minutes or better. However the level of service on a Sunday is significantly lower with only 8 services. Of these only 3 bus services run until after 23.00 hrs on a week day, on a Saturday this increases to 4 bus services and on Sunday this reduces to 2 bus services. There is clearly scope to improve late night bus services and Sunday services. It is recommended that this is pump primed directly through Section 106 contributions. However, consideration would need to be given to the benefits in-kind arising from the Tesco's bus link, as this is likely to encourage further services to evolve on a commercial basis. The applicant’s agent has advised that they are willing to provide further contributions to the late night bus service and discussions are ongoing concerning delivery of Tesco’s bus link.

Access for pedestrians between the existing Bus Station and the Leisure site can be achieved using the footway link around the periphery of Debenhams.

Travel by Rail - The surveys indicate that Rail travel is used by 14% of visitors on a weekday and 10% of visitors at the weekend. The Section 106 agreement should include provision for pedestrian access to be provided through the shopping centre, to enable visitors to the Leisure site to access the Rail Station until the last schedule train departure. This has been agreed in principle with the applicant’s agent.

Walking and Cycling - The NEPP included a range of initiatives to improve pedestrian access links to the rest of the basin. That included: - A bridge across the Lake - A footway to the north of the Lake.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

- Footways around the periphery of the store to the relocated Bus Station. - An agreement to "land" a future footway bridge link across West Thurrock Way to the south of the store. - An agreement to allow a future link to Arena Essex to the north of the Lake. - An agreement to permit construction of a footway on the spiral access road to the A1306. - Improvements to the Lake eastern footway.

Whereas all of these have merit, it may not be necessary to replicate all of these obligations as part of this proposed leisure use. However given the results of the linked trips surveys above, which indicates 37% of trips to the leisure area had visited another outlet in the basin, there will clearly be a need to ensure the delivery of suitable infrastructure with this development. This should include the erection of the bridge across the Lake linked to the opening of part of the proposed development . Similarly the improvement to the Lake eastern footway is essential for getting pedestrians safely between the leisure area and retailers to the south. If these links are not provided then opportunities to transform the basin will be lost. Furthermore the extended leisure proposal may increase the number of vehicle trips on West Thurrock Way by attracting existing visitors to the surrounding retail parks to travel by car to the leisure site. The initial consultation response pointed out that the local road impact of this potential increase has not been assessed in the TA, however it is likely that it could be mitigated by provision of the footbridge, the Lakeside footway improvements, provision for bus access between Tesco’s and Intu Lakeside and associated hopper bus service.

The applicant’s agent has indicated that the footbridge across the Lake is not viable as part of the Leisure proposals and is in any event not needed to mitigate the impact of the development, though they have not expressed any opinion as to whether it is necessary to deliver the transformation of the Lakeside basin. The applicant’s agent are somewhat dismissive of the benefit of the footbridge and their own assessment concludes that the provision of the footbridge would reduce traffic on West Thurrock Way by 1 vehicle movement in the Saturday afternoon peak hour. This is definitely not agreed, as the methodology for determining secondary car trips has not yet been agreed.

If the footbridge is not deliverable due to the financial viability of the project, then there is some concern that if the Leisure site is developed and the NEPP does not come forward, then the bridge will not be delivered and a major element in the transformation of the basin will be lost. It is recommended that consideration should be given to securing the ability for the Council to deliver the bridge over the applicant’s Lake, either using future S.106 payments, CIL

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

or LEP funding. For example if after 5 years the bridge has not come forward through the NEPP development the Council would have the rights to deliver the bridge themselves. This would need a licence to construct the bridge, (In a form similar to that consent in the NEPP), a right of access within the applicant control and some mechanism for ongoing maintenance and liability. It may also be contingent upon a partnership arrangement with Land Securities on the western bank; once their development proposals have triggered the need for this link.

Travel Planning - PMD 10 Travel Plans - Para 8.8.3 of the TA says that the leisure proposal will also bring forward the Travel Plan linked to the NEPP. This should be included as a planning obligation and build upon the measures secured as part of the NEPP. The applicant’s agent has confirmed a commitment has been made to bring the Travel Plan, agreed in respect of the NEPP, forward as part of this application, should it precede the already consented scheme. Further details were requested of this Travel Plan, as the nature of the late night travel demand will clearly be different to those in the NEPP Travel Plan. The supplemental transport assessment included some further information which is reproduced below:

“It is important to stress again that the Leisure scheme does not have the same impact as the NEPP, not is it shown to habe the same level of travel demand. Therefore the Leisure Scheme will not be providing the specific transport improvements of the Bus Interchange or the Bridge across Alexandra Lake.

It will however be providing further infrastructure connections, these being connection to West Thurrock Way, footway improvements to the east of Alexandra Lake together with the public realm improvements. It is also now proposed that the introduction of the Northern Link Road could be bought forward so that it is delivered through the Leisure application.

As agreed in respect of the NEPP, the Centre will remain open until such time as the last train of the day has left Chafford Hundred Station. This is particularly important given that the leisure travel demand can occur during the late evening/very early morning.

Monitoring and Review With regard to travel behaviour, the same monitoring and review process as that set out in the NEPP would be adopted should the Leisure scheme come forward.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Given that the leisure scheme will not deliver the Bus Interchange, it will not be necessary to monitor the operation of this element of the site, as set out in the NEPP Travel Plan.

Annual Monitoring reports will be submitted to the Council.”

The infrastructure provision and monitoring are noted, however that does not address any targets that may be appropriate for this type of leisure use or what tools may be employed if targets are not met. For example the proposed D2 use is likely to be a primary destination in itself, perhaps with School coach travel, so clearly a more tailored Travel Plan approach is required in this instance. If no further details are forthcoming at this time, it is recommended that either a Section 106 obligation or planning condition is included, that requires submission of a Travel Plan that is aligned with the NEPP Travel Plan, but tailored to the specific users of the site. It may be that a survey after opening is necessary to help inform this Travel Plan, so it may be appropriate to defer it till 6 months after opening. If the exact details of the new measures and targets are to be included in the Section 106 agreement, then further discussions will be needed with the applicant to refine these details.

Site Layout Issues - Closing the Western Distributor Road - The development proposal will close the western distributor road to through traffic; this gives rise to a number of issues concerning the redistribution of traffic and services/delivery pick-up/drop-off arrangements. The closure of the western distributor road to through traffic creates two cul-de sacs and two pick-up/drop- off areas to the north and the south; these are referred to as Arrival Point 1 and Arrival Point 2.

Arrival Point 1 necessitates the closure of car park 10 and 12 egress and relocation of these egresses to the south, including a slightly unorthodox reconfiguration of the roundabout junction at the intersection of the western and northern distributor road. This is a private road, nevertheless it is reasonable that the developer has due regard to DfT standards for geometric design and weighs them against the local design constraints. It is recommended that the alterations to this roundabout are subject of a detailed design submission that is required as part of a planning condition. The applicant’s agent has agreed to the principle of a planning condition dealing with this issue.The TA includes a swept path analysis that shows a double decker bus can turn in Arrival Point 1.

Arrival Point 2 shows a much smaller turning area that enables a light van to turn. This smaller facility is contingent upon removal of the western footway from the service road. The initial consultation response recommended that the design is reviewed as part of this application to include a western footway. The

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

applicant’s agent has indicated that the public will be directed onto the boardwalk and have agreed this approach can be physically closed off to the public, details of this need to be secured by planning condition. The swept path analysis shows articulated vehicles in the M&S servicing area, but it does not provide a swept path analysis of those articulated vehicle turning movements. This was requested but has not been provided, however this may be addressed by a Servicing Strategy mentioned below.

The information in the TA Arrival Point 1 or 2 did not demonstrate how larger service vehicles would operate in Arrival Points 1 or 2. Para 5.6.3 of the TA seems to suggest that service vehicles will be allowed to enter the Town Square to load and unload. The applicant has subsequently clarified how a large rigid vehicle would deliver to Block B. It is recommended that a Servicing Strategy is devised that shows how service vehicles will deliver to the commercial uses, in particular whether any articulated vehicles are going to be used for anyone other than M&S. This may be dealt with by planning condition.

The closure of the western perimeter road will enable the improvement to the Lake eastern footway. The TA includes a plan at Drg No. 01 D1 "Street Works to Western Perimeter Road". The TA indicates the road will be reduced from four lanes to three lanes, with two inbound lanes and one outbound lane. The single lane out-bound will require the left-out radius from the car parks to be improved to prevent exiting vehicles swinging into the path of oncoming vehicles using the centre lane; the initial consultation response recommended the plan should be amended. The applicant’s agent has supplied a swept path analysis to demonstrate how vehicles can make this manoeuvre without conflicting with oncoming traffic. This requires exiting traffic to be offset from the radii and accordingly the junctions should be configured in such a way as to guide drivers to follow this alignment.

Can you include a planning condition requiring full details of works alongside the Lake, including road narrowing, multi-storey access and how errant vehicle protection measures can be successfully achieved whilst creating a high quality public realm.

Section 106 Obligations – LDF-CS Policy CSTP14 - The section of the TA that deals with Section 106 contributions refers to potential contributions towards introduction of a Variable Message System (VMS) within the basin and the potential to enhance late night bus services. Given the severance of the western perimeter road, the use of VMS will be much more important in advising drivers of the availability of parking spaces in the respective car parks and this approach is fully supported, as is the proposal to improve late night bus services. The appraisal above suggests a list of other essential

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

infrastructure that should be committed through either Section 106 or negative planning condition. These would either mitigate the local traffic impact of the development or help to meet the non-car transport needs of the proposal, these are listed below:

- Ability to build a footbridge across the lake - Eastern lake footway improvement - Variable Message System - Sunday/Late night bus services - Tesco's bus link

Additionally in conjunction with LDF-CS CSTP 14, the draft Lakeside Masterplan and Transport Strategy are soon to be published and these proposals include a range of off-site infrastructure improvements that will help to facilitate the growth of this area as a Town Centre. A mechanism needs to be agreed so that the proposed leisure development makes a proportionate contribution to that strategy, of course taking into account any embedded commitments. Given the draft document is now available, it is recommended that further negotiations are undertaken prior to finalising the Section 106 package.

Some details have been received concerning the extent of the VMS system. However further details are needed, particularly concerning future maintenance of the system and how it will be compatible for use by other retailers in the area. It is recommended that details of the system are secured through a planning obligation. If the exact details of the VMS system are to be included in the Section 106 agreement, then further discussions will be needed with the applicant to refine the number, location, size and means of maintenance of the signs.

As mentioned above, a combined and enhanced Travel Plan should apply to any leisure consent and be secured either by planning condition or Section 106.

4.4 TRAVEL PLAN CO-ORDINATOR:

I would expect to see a Travel Plan associated with this development taking into account all aspects of increased transport.

4.5 ESSEX AND SUFFOLK WATER:

Essex and Suffolk Water’s letter of the 21.10.13 advised that there is a 3 metre clearance zone required by Essex & Suffolk Water between their mains and any proposed building.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

[Note: The applicant has clarified that the development would require the diversion of part of Essex and Suffolk’s network to achieve the necessary clearances. The applicant has forwarded a copy of email correspondence with Essex and Suffolk Water in which they advise that the information supplied in correspondence setting out the applicants approach fully addresses the issues raised in their letter to the LPA of the 21.10.13].

4.6 ENVIRONMENTAL HEALTH:

Air quality

Having reviewed the Air Quality Assessment, I can confirm that there will not be a significant impact on surrounding Air Quality from the proposed development. The ADM’S modelling has used a conservative approach in both the baseline and future predictions for 2018 for and without the development. The overall impact in terms of Air Quality for NO2 & PM10 will be negligible. On this basis I have no objection to the proposed development for Air Quality.

Ground conditions

I am in agreement with the Conclusions and recommendations in the intu Lakeside Leisure Environmental Ground Conditions Assessment September 2013 (Hilson Moran) document reference 16067) as listed below:  A detailed investigation of ground conditions and groundwater should be undertaken prior to development commencing. Assessment must consider foundation design and the risk that piling activities may drive contamination, where present, downwards into the chalk aquifies. It is a advised that the Environment Agency and Local Authority is consulted on the design of these site investigations.  Detailed gas monitoring should be undertaken for a minimum of six months conducted at approximate fortnightly intervals in accordance with CIRIA guidance. The foundation design would need to ensure appropriate mitigation of users and service against ground gas risk entry and accumulation within building voids.  Overall the site is considered to present a low to medium risk for the proposed development assuming appropriate design mitigation is completed.

Subject to the implementation of these measures more detailed comment can be made at the design stage if required.

Acoustics

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

I have reviewed the submitted Acoustics report (reference 16067/AR Hilson Moran September 2013 rev 1.2). I concur with the conclusions in the report (section 10);

 Plant noise emissions associated with the development have been mitigated by the setting of noise emissions limits in accordance with Local Authority requirements. Given the use of appropriate fixed mechanical plant, suitable situation and mitigation it is considered that plant can comply with the Local Authority requirements, and therefore represent a negligible noise impact.  An assessment of the predicted changes in traffic flows on the surrounding road network has been undertaken. The results demonstrate the increase in noise levels on the surrounding road network due to the introduction of the development represents no more than a neutral/negligible noise impact.  Preliminary demolition and construction noise and vibration mitigation measures have been described, to reduce the temporary impact.  The overall findings of this report are that any potential construction and operational noise impacts associated with the proposed development can be mitigated through the use of standard planning conditions.

Subject to the proposed mitigation measures and the final design, there will be no significant impact from noise at the operational phase. With regards to construction mitigation measures the report refers to the provision of a Construction Environmental Management Plan (CEMP) which will detail mitigation measures to be adopted. Reference is also made in the air quality assessment to the CEMP for mitigation measures for air quality during construction I recommend that a condition requiring the submission of a CEMP for approval prior to the commencement of construction activities be submitted for approval to the LPA. The CEMP should also include the provision of a watching brief for any unforeseen contamination not previously identified and method statement on dealing with such contamination should it be encountered during ground works. The proposed working and deliver hours as quoted in the acoustics report (section 9 .2) are acceptable.

4.7 ENVIRONMENT AGENCY:

No objection provided the conditions set out below, relating to surface water and contaminated land, are appended to any planning permission granted.

Surface Water Management

A Flood Risk Assessment (FRA) by Hilson Moran, referenced 16067 and dated September 2013, has been submitted in support of this application. We

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

have no objections to the planning application and consider that outline planning permission could be granted to the proposed development if the following planning condition is included as set out below:

Condition - No development shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 1 in 100 year inclusive of climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme should be based on the indicative drainage plan 16124/Study/1001, which includes SuDS devices such as geocellular storage. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

REASON: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

Although we are satisfied at this stage that the proposed development could be allowed in principle, the applicant will need to provide further information to ensure that the proposed development can go ahead without posing an unacceptable flood risk to provide information on the scale and magnitude of risk wherever possible.

Further Explanation We can confirm based on the submitted rough surface water calculations that the new lake will have enough capacity to attenuate and manage flows up to and including the 1 in 100 year rainfall event inclusive of climate change (860 cubic metres). The analysis has highlighted that the discharge rates off site will be managed for all rainfall events between the 1 in 1 year to the 1 in 100 year rainfall event inclusive of climate change. It is noted that the Alexandra lake pumps off site to smaller ponds at maximum of 100 l/sec, through a system managed by Anglian Water Services. We recommend that the final drainage scheme should, where possible, apply the central design concept of the SuDS “management train” as part of the overall surface water drainage design. The current scheme appears to rely on the single device of the Alexandra lake and some underground tank storage on site, which can, over time, become polluted and promote a reduction in environmental and ecological value. We expect the SuDS "management train" is fully considered for the surface water drainage, as it uses a variety of drainage techniques in series to incrementally reduce pollution, flow rates, volumes and frequency of runoff. Run-off

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

prevention and source control ensures that flows are managed and silt is removed at the beginning of the drainage system. As water moves through the site, dividing drainage areas into small sub-catchments makes it easier to intercept pollution and manage storm volumes at source. A hierarchy of storage and flow management provides opportunities for day-to-day rainfall to be controlled at source, with larger infrequent volumes stored elsewhere in the development or in the lake where necessary or convenient. An important and early part of the drainage strategy for a site will be flow routes at times of extreme events.

We can confirm, in principle, having inspected the drainage figures and considering the slight encroachment of development into the lake which corresponds to a 0.9% loss of lake area with an increase in the lake level of 18mm, will not unacceptably increase flood risk both on and off site. We recommend that the 18mm rise in lake level is fully considered by Anglian Water to ensure they are satisfied that it can be tolerated by their surface water pump regime.

SuDS Approval Board

We suggest that if your authority grants planning permission for the above application, then prior to the final drainage scheme being submitted it is fully assessed by the SuDS Approval Board (SAB). The Flood & Water Management Act 2010 places a duty on Lead Local Flood Authorities (LLFA) to approve, adopt and maintain Sustainable Drainage Systems. The LLFA is required to establish a SuDS Approval Board to approve all developments that have drainage implications. If the drainage is sustainable, serves more than one property and is approved, the SuDS Approval Board must adopt it. The approval process will run parallel with any planning application that may also be required for the development and development may not commence without drainage approval from the SuDS Approval Board.

Advice to Applicant - Any culverting or works affecting the flow of a watercourse requires the prior written Consent of the Lead Local Flood Authority (LLFA) under the terms of the Land Drainage Act 1991/Water Resources Act 1991. The Lead Local Flood Authority (LLFA) should seek to avoid culverting and its Consent for such works will not normally be granted except as a means of access.

Contaminated land

We refer to the “Environmental Ground Conditions Assessment” report, referenced 16067 and dated 23 August 2013, prepared by Hilson Moran for the above site. It is indicated that historically the site was a chalk quarry,

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

subsequently used as a landfill for the disposal of mixed commercial and industrial wastes and, although most of the waste deposited was removed at the time of the shopping centre’s development in the early 1990s, remnant waste remains in some locations. Particular areas where landfilled waste was left in place were to the north of Alexandra Lake (northwest area of Intu Lakeside) and to the far southeast corner of the site (adjacent to intu Lakeside).

It is further indicated that imported construction soils used at the time of Lakeside’s development to infill part of the lake, which previously encompassed the application site, were sourced from the London Docklands development and, although most of these soils were inert London Clay, some degradable wastes are known to have been included. The report therefore recommends a detailed investigation is undertaken of the ground conditions and groundwater, to allow determination & implementation of appropriate mitigation measures for any potential risks to receptors at the site associated with the presence of contamination.

The site is located on Chalk Bedrock, designated as Principal Aquifer, is generally situated within a Groundwater Source Protection Zone 3 (SPZ3), extending into a SPZ2 towards the north east, and is adjacent to a surface water feature which is groundwater fed. We therefore consider the water environment at the site to be of high environmental sensitivity. Therefore, to ensure the site is subject to adequate investigation, assessment and any remediation/mitigation measures as may necessary for the protection of controlled waters, and sufficient information is provided in that regard, the following conditions should be appended to any planning permission granted:

Condition - Prior to each phase of development approved by this planning permission no development / No development approved by this planning permission> (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

1) A preliminary risk assessment which has identified: • all previous uses • potential contaminants associated with those uses • a conceptual model of the site indicating sources, pathways and receptors • potentially unacceptable risks arising from contamination at the site.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer- term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

Advice to LPA

This condition has been recommended as we are satisfied that there are generic remedial options available to deal with the risks to controlled waters posed by contamination at this site. However, further details will be required in order to ensure that risks are appropriately addressed prior to development commencing.

The Local Planning Authority must decide whether to obtain such information prior to determining the application or as a condition of the permission. Should the local planning authority decide to obtain the necessary information under condition we would request that this condition is applied.

Condition - No occupation of any part of the permitted development / of each phase of development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer- term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

Condition - No development should take place until a long-term monitoring and maintenance plan in respect of contamination including a timetable of

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

monitoring and submission of reports to the Local Planning Authority, shall be submitted to and approved in writing by the Local Planning Authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to and approved in writing by the Local Planning Authority. Any necessary contingency measures shall be carried out in accordance with the details in the approved reports. On completion of the monitoring specified in the plan a final report demonstrating that all long-term remediation works have been carried out and confirming that remedial targets have been achieved shall be submitted to and approved in writing by the Local Planning Authority.

Condition- If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

Reason for Conditions: To protect and prevent the pollution of the water environment (particularly groundwater associated with the Principal Aquifer underlying the site and adjacent surface water from potential pollutants associated with current and previous land uses) in line with National Planning Policy Framework (NPPF; paragraphs 109 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater protection: Principles and practice (GP3) 2012 position statements. The NPPF paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should also ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 121).

Informative/ advice to applicant

For development involving piling or other penetrative ground improvement methods on a site potentially affected by contamination, a suitable Foundation Works Risk Assessment based on the results of the site investigation and any remediation, should be undertaken. This assessment should underpin the choice of founding technique and any mitigation measures employed, to ensure the process does not cause, or create preferential pathways for, the movement of contamination into the underlying aquifer, or impact to surface water quality.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Waste (Demolition and Construction)

We anticipate that the majority of the waste shall be either re-used on site, recycled or disposed of appropriately and the Environmental Protection Act 1990 generally prohibits the keeping, treating and disposing of any controlled waste, unless a Waste Management Licence is in force. Under Section 34 of the Environment Protection Act 1990 the applicant has a ‘Duty of Care’ to ensure that waste is stored safely and securely and must prevent it causing pollution or harming anyone:

. Waste should only be transferred to an authorised person. This could be a registered waste carrier (ask to see their waste carriers certificate) or to a suitably permitted or exempt waste management facility.

. The waste must be described, in writing, by filling in and signing a waste transfer note for the waste. Copies of waste transfer notes must be retained for two years.

Waste management facilities in your area can be found at http://www.wastedirectory.org.uk. Waste should not be burnt on site unless the activity is covered by a suitable Environmental Permit or waste exemption. Further information about Environmental Permitting and Waste Exemptions can be found at: http://www.environment-agency.gov.uk/epr. As with all exemptions, this activity must comply with the Relevant Objectives. These state that: “For the purposes of this, the following objectives are relevant objectives in relation to the disposal or recovery of waste— (a) ensuring that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm he environment and in particular without— (i) risk to water, air, soil, plants or animals; or (ii) causing nuisance through noise or odours; or (iii) adversely affecting the countryside or places of special interest;”

Additionally, the demolition of buildings can uncover waste items that may be classed as Hazardous in character and these must be handled in accordance with the Hazardous Waste (England and Wales ) (Amendment) Regulations 2007, and segregated from all other wastes once analysed, as part of the Waste Acceptance Criteria rules and procedures regarding disposal of hazardous wastes. In England, it is a legal requirement to have a site waste management plan (SWMP) for all new construction projects worth more than £300,000.The level of detail that your SWMP should contain depends on the estimated build cost, excluding VAT. You must still comply with the duty of care for waste. As all waste movements will need to be recorded in one document, having a SWMP will help to ensure the applicant complies with the

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

duty of care. Further information can be found at http://aggregain.wrap.org.uk/terminology/site_waste.html

Duty of Care

The developer, as waste producer, has a duty of care to ensure all materials removed from site go to an appropriate licensed disposal site and all relevant documentation is completed and kept in line with regulations. If any controlled waste is to be removed off site, then site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. If the operator wishes more specific advice they will need to contact the Environment Management Team at our Kelvedon Offices on 01473 706377 or look at available guidance on our website www.environmentagency.gov.uk/subjects/waste/. Should this proposal be granted planning permission, then in accordance with the waste hierarchy, we wish the applicant to consider reduction, reuse and recovery of waste in preference to off site incineration and disposal to landfill during site construction.

Informatives

Pollution Prevention Guidelines – (PPG)6 Please refer to Pollution Prevention Guidelines (PPG) 6- Working at Construction and Demolition Sites for information on pollution prevention. The site should have an incident response plan in place, details of this are in the PPG. Pollution Prevention Guidelines – (PPG)3; Surface water may be contaminated by oil at a number of different sites, including those proposed in the planning application, such as car parks typically with 50 or more car parking spaces. These sites need to have measures in place to prevent this oil from polluting the environment, such as an oil separator in the surface water drainage system. Please refer to Pollution Prevention Guidelines (PPG) 3 Use and design of oil separators in surface water drainage systems. Pollution Prevention Guidelines – (PPG)1; This document will help you with understanding your environmental responsibilities and give examples of good practice. Pollution Prevention Guidelines – (PPG)5; Please refer to Pollution Prevention Guidelines (PPG) 5 – works or maintenance in or near water. If you are planning works near, in or over water, this guidance provides advice on how to make sure your work protects the environment and meets legal requirements, including waste management.

4.8 THURROCK COUNCIL FLOOD RISK MANAGER:

No objection with the following condition and informative;

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Condition - Surface Water Drainage development shall not begin until a surface water drainage scheme for the site, based on the agreed Flood Risk Assessment by Hilson Moran, dated 30 August 2013 has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented in full, in accordance with the approved details, before the development is completed. The details shall include finished floor levels and levels of roadways. The following also needs to be submitted as part of any approved works/scheme:

Clear details of the ownership and responsibility for maintenance of all drainage elements for the lifetime of the development. If appropriate, details of adoption of any drainage elements of the drainage system should be included.

Details of all surface water drainage infrastructure for inclusion on the Lead Local Flood Authority’s s21 Asset Register.

REASON: To prevent the increased risk of flooding in accordance with paragraph 103 of National Planning Policy Framework and in accordance with CSTP27 Management and Reduction of Flood Risk.

Informative:

The development proposal requires an extension into Alexandra Lake, and whilst we agree with the Environment Agency’s position (pre-app response ref: AE/2013/116378/01L02, 16 August 2013) ‘we have no major concerns about the slight encroachment of development into the lake’; this does not infer a precedent for future extension into the lake. All future proposals will be assessed on flood risk grounds with a presumption of no resultant increase in flood risk elsewhere

4.9 THURROCK COUNCIL CIVIC PROTECTION SERVICE:

Based upon the Flood Risk Assessment provided by Hilson Moran dated September 2013 (referenced 16067) and the detailed Conditions set down by the Environment Agency in respect of this application, we have no concerns from an emergency planning perspective at this stage.

4.10 ANGLIAN WATER:

Assets Affected - Our records show that there are no assets owned by Anglian Water or those subject to an adoption agreement within the development site boundary.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Wastewater Treatment - The foul drainage from this development is in the catchment of Tilbury STW that at present has available capacity for these flows.

Foul Sewerage Network - The sewerage system at present has available capacity for these flows. If the developer wishes to connect to our sewerage network they should serve notice under Section 106 of the Water Industry Act 1991. We will then advise them of the most suitable point of connection.

Surface Water Disposal - The flood risk assessment submitted with the planning application is not relevant to Anglian Water and therefore this is outside our jurisdiction

Trade Effluent - The planning application includes employment/commercial use. To discharge trade effluent from trade premises to a public sewer vested in Anglian Water requires our consent. It is an offence under section 118 of the Water Industry Act 1991 to discharge trade effluent to sewer without consent. Anglian Water would ask that the following text be included within your Notice should permission be granted.

“An application to discharge trade effluent must be made to Anglian Water and must have been obtained before any discharge of trade effluent can be made to the public sewer. Anglian Water recommends that petrol / oil interceptors be fitted in all car parking/washing/repair facilities. Failure to enforce the effective use of such facilities could result in pollution of the local watercourse and may constitute an offence. Anglian Water also recommends the installation of a properly maintained fat traps on all catering establishments. Failure to do so may result in this and other properties suffering blocked drains, sewage flooding and consequential environmental and amenity impact and may also constitute an offence under section 111 of the Water Industry Act 1991.”

4.11 LANDSCAPE AND ECOLOGY ADVISOR:

The Ecology Assessment concludes that the site currently has limited ecological value and this is considered appropriate.

A detailed Tree Assessment has been supplied with the application. This concluded that while there is a large number of trees that would be affected by the redevelopment of the area, many of these are not in good condition and have suffered from the lack of appropriate management in the past. The assessment also categorises a large number of the trees as Category B. This would make their removal a material consideration in planning; however these trees have been given that category based solely on their location in the

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

current car park and other very visible locations. Many of the trees are not good quality specimens therefore it is agreed that, while normally Category B trees should be retained, the individual trees are not of sufficient merit to warrant their retention. The landscape proposals do not currently address the area between the lake and multi-storey car park to the north of the proposed redeveloped area. The trees and shrubs here have not been maintained adequately and so the area requires management and enhancement works to ensure that it makes a positive contribution to the enhancement of this area. This should be addressed as part of a detailed landscape scheme for the redevelopment.

If the types of public realm measures highlighted in the DAS can be delivered on site they should make a significant contribution to enhancing the quality of the Lakeside and help to make the lake a positive feature. Measures such as closing the road through the site will help make it a more people focussed setting. The reduction in the width of the road beside the lake provides an opportunity to improve the pedestrian access and the amenity of the lakeside setting. Much of the existing bankside vegetation provides little amenity or ecological value. Careful species choice and design of the banks should achieve benefits for both. The planting between the road and the footway should be dense to help enhance the experience for those visiting the lake by making a clear divide between pedestrians and cars.

Measures to improve the water quality and wildlife value of the lake should be included as part of a full application. Essex Wildlife Trust is investigating the use of Biohaven floating islands, and such a system might be appropriate for Alexandra Lake to help improve the water quality and to provide safe roosting for water birds to mitigate the greater public access to the water’s edge proposed as part of this scheme.

The lack of regular tree management in the past highlights the need for a thorough landscape management plan to be produced for the public realm areas to ensure that this situation does not persist. It results in a poor quality setting for the centre. No detailed landscape proposals have been supplied with this outline application however the principles set out in this application are considered broadly appropriate if the points identified above are taken on board.

4.12 NATURAL ENGLAND:

Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Statutory nature conservation sites

No objection - This application is in close proximity to Purleet Chalk Pits Site of Special Scientific Interest and Lion Pit Site of Special Scientific Interest (SSSI). Natural England is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest features for which these sites have been notified. We therefore advise your authority that this sites does not represent a constraint in determining this application. Should the details of this application change, Natural England draws your attention to Section 28(I) of the Wildlife and Countryside Act 1981 (as amended), requiring your authority to re-consult Natural England.

Protected species

It is noted that a survey for European Protected Species has been undertaken in support of this proposal. Natural England does not object to the proposed development. On the basis of the information available to us, our advice is that the proposed development would be unlikely to affect bats. For clarity, this advice is based on the information currently available to us and is subject to any material changes in circumstances, including changes to the proposals or further information on the impacts to protected species. We have not assessed the survey for badgers, barn owls and breeding birds1, water voles, white- clawed crayfish or widespread reptiles. These are all species protected by domestic legislation and you should use our protected species standing advice to assess the adequacy of any surveys, the impacts that may results and the appropriateness of any mitigation measures.

The advice we are giving at the present time relates only to whether, in view of the consultation materials presently before us (including with reference to any proposed mitigation measures), the proposal is likely to be detrimental to the maintenance of the species concerned at a favourable conservation status in their natural range (i.e. the ‘Favourable Conservation Status’ test). We have not considered whether the proposal satisfies the three licensing tests or whether a licence would be issued for this proposal. This advice is based on the information currently available to us and is subject to any material changes in circumstances, including changes to the proposals or further information on the protected species.

Local wildlife sites

If the proposal site is on or adjacent to a local wildlife site, e.g. Site of Nature Conservation Importance (SNCI) or Local Nature Reserve (LNR) the authority

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

should ensure it has sufficient information to fully understand the impact of the proposal on the local wildlife site, and the importance of this in relation to development plan policies, before it determines the application.

Biodiversity enhancements

This application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes. The authority should consider securing measures to enhance the biodiversity of the site from the applicant, if it is minded to grant permission for this application. This is in accordance with Paragraph 118 of the National Planning Policy Framework. Additionally, we would draw your attention to Section 40 of the Natural Environment and Rural Communities Act (2006) which states that ‘Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’. Section 40(3) of the same Act also states that ‘conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat’.

Landscape enhancements

This application may provide opportunities to enhance the character and local distinctiveness of the surrounding natural and built environment; use natural resources more sustainably; and bring benefits for the local community, for example through green space provision and access to and contact with nature. Landscape characterisation and townscape assessments, and associated sensitivity and capacity assessments provide tools for planners and developers to consider new development and ensure that it makes a positive contribution in terms of design, form and location, to the character and functions of the landscape and avoids any unacceptable impacts.

4.13 BRENTWOOD BOROUGH COUNCIL:

No comment.

4.14 CASTLE POINT BOROUGH COUNCIL

No comment.

4.15 CHELMSFORD CITY COUNCIL

No objection

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

4.16 DARTFORD BOROUGH COUNCIL

No objection

4.17 GRAVESHAM BOROUGH COUNCIL

‘The Borough Council would raise no objection to the development proposed subject to your Council being satisfied that the development does not conflict with current Local Plan or the National Planning Policy Framework. In particular it should ensure that the development will not result in harm to the vitality and viability of nearby town centres or is likely to have any significant adverse impacts and that it will promote sustainable transport’.

[Note: A number of other Local Authorities were consulted but have not responded]

5.0 POLICY CONTEXT

5.1 NATIONAL POLICY : NATIONAL PLANNING POLICY FRAMEWORK (NPPF) The NPPF was published on the 27 March 2012. The policies in the Framework apply from the day of publication. The NPPF largely carries forward many planning policies and protections, albeit in a significantly more streamlined form and makes adjustments to some specific policies. The policy documents listed at Annex 3 of the Framework including many existing Planning Policy Guidance notes (PPG’s) and Planning Policy Statements (PPS’s) are cancelled.

5.2 Paragraph 13 of the Framework sets out the presumption in favour of sustainable development. Paragraph 196 of the Framework confirms the tests in s.8(6) of the Planning and Compulsory Purchase Act 2004 and s70 of the Town and Country Planning Act 1990 and that the Framework is a material consideration in planning decisions. Paragraph 197 states that in assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development.

5.3 Annex 1 makes clear that Development Plan policies should not be considered out-of-date simply because they were adopted prior to publication of the Framework. It also sets out how decision-takers should precede taking account of the date of adoption of the relevant policy and the consistency of the policy with the Framework. For 12 months from the day of publication of the NPPF, decision-takers may continue to give full weight to relevant policies in development plan documents adopted in accordance with the Planning and Compulsory Purchase Act 2004, even if there is a limited degree of conflict with the Framework (Annex ‘A’ paragraph 4 for further advice). In other cases

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

and following this 12-month period, due weight should be given to relevant policies in existing plans according to their degree of consistency with the Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).

5.4 With regards to this proposal the following sections are particularly relevant 1. Building a strong, competitive economy 2. Ensuring the vitality of town centres 4. Promoting sustainable transport 7. Requiring good design 8. Promoting healthy communities 10. Meeting the challenge of climate change, flooding and coastal change 11. Conserving and enhancing the natural environment

LOCAL POLICY: THURROCK LOCAL DEVELOPMENT FRAMEWORK CORE STRATEGY AND POLICIES FOR MANAGEMENT OF DEVELOPMENT (2011)

5.5 The LDF Core Strategy (LDF-CS) was adopted at Full Council on the 21st December 2011. Part of the Spatial Vision for 2026 is that;

‘Lakeside will be transformed into a Regional Centre (town centre) providing a range of retail, leisure, employment, housing and new transport facilities’ (Para 3.10, p27). Para 3.11 goes on to state; ‘The Council and its regeneration partners will prioritise efforts to bring about the transformation of Lakeside into a Regional Centre and in doing so, will create an image, re-shape perceptions and consequently encourage and drive forward inward investment. The level of investment in Lakeside by both private and public sectors will create confidence throughout the Borough’.

5.6 The LDF-CS identifies ‘Lakeside and West Thurrock’ as a ‘Key Areas of Regeneration and Growth’ (para 3.19, p28). Para 3.24-26 go onto describe the Spatial Vision for this area in more detail;

‘3.24 The great majority of new housing, employment and associated development in the Borough will be located in the Lakeside/West Thurrock Regeneration Area. A mix of 3,300 new dwellings will be located to the south and east of Lakeside; new Neighbourhood Areas will be developed at West Thurrock and South Stifford including community and health facilities, primary schools and shopping facilities.

3.25 The Lakeside Basin will be transformed into a Regional Centre (town centre), and, together with the wider area, will provide between 7,000

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

and 9,000 jobs. Development will include a substantial expansion of retail floorspace (50,000 sqm net of comparison floorspace) to serve sub-regional needs and additional convenience and service retail, office and leisure floorspace to broaden the mix of uses. There will be an additional 3,000 dwellings, improved open space, and more community and health facilities.

3.26 The transport network will be redesigned and improved including East facing slip roads to Lakeside Shopping Centre from the A13, a relocated bus station and environmental improvements surrounding the Shopping Centre, including road and parking alterations.

3.27 The Plan proposes the provision of a new railway station at West Thurrock, introduces the South Essex Rapid Transit and will ensure pedestrian access will be improved, including north-south access from the river through Lakeside and West Thurrock to the Green Belt and beyond to Ockendon.

3.28 There will be improved public access to and along the riverfront at Wouldham Works and West Thurrock. New urban open spaces will be incorporated, as part of the Greengrid network’.

5.7 Regarding the relevant Core Strategic Spatial Policies;  CSSP2 ‘Sustainable Employment Growth’ - Identifies Lakeside Basin / West Thurrock as one of five key economic clusters and provides an indicate job growth target of 7,000 to 9,000 of the 26,000 new jobs target for Thurrock over the period 2001 to 2026 (p46). Policy CSTP2 states; ‘Other Local Development Documents will identify proposals to bring forward the diversification and redevelopment of the Lakeside Basin. This will include the assessment of new sites and the intensification of existing sites to provide increased employment from industry and commercial, mixed use and retail and leisure sites’ (p41).

5.8 Table 15 (p243) provides the details of the Implementation Framework for all the Core Strategy Policies. With regards Policy CSSP2 it states ‘To be delivered by the determination of planning applications and the Site Specific Allocations DPD. Intervention by delivery agencies and partner organisations’.

 CSSP3 ‘Sustainable Infrastructure’ - Identifies a number of ‘Key Strategic Infrastructure Projects’ it judges as essential to the delivery of the Core Strategy. Under the Heading ‘Transport and Access’ subheading ‘road’ it identifies two projects namely;

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

o ‘Lakeside Expansion and Diversification Transport Package’ and

o ‘South East Rapid Transit extending into Thurrock to Lakeside’ (p49).

 CSSP5 ‘Sustainable Greengrid’ - seeks to deliver the Green Grid Strategy. Part 2 of the Policy states that ‘The Greengrid will be delivered at a spatial level through a series of 8 Greengrid Improvement Zones’ one of which is ‘(iii) West Thurrock/Lakeside/Chafford’.

5.9 Regarding the relevant draft thematic policies;  CSTP6 ‘Strategic Employment Provision’ - Seeks to focus employment provision on the Key Strategic Economic Hubs, identified in Policy CSSP2 which includes ‘Lakeside Basin / West Thurrock’. Section 7 of the policy relates to ‘Knowledge and Cultural Based Regeneration’ and adopts a similar approach for ‘knowledge based, cultural, retail, leisure and office developments’ in Lakeside (p94). Table 15 provides the details of the Implementation Framework for all the Core Strategy Policies. With regards CSTP6 it states ‘To be delivered through the determination of planning applications, Lakeside Implementation and Delivery SPD and the Site Specific Allocation DPD’ (p244).

 CSTP7 ‘Network of Centres’ - The forward states; ‘The transformation of Lakeside into a new regional (town) centre and the enhancement of existing centres are vital for sustainable development ensuring the provision of local accessible services and employment opportunities for the borough’s residents’ (p91). Part one of the Policy States;

‘New Lakeside Regional Centre: The Council supports the transformation of the Lakeside Basin into a new regional centre. This will be achieved in policy through the Local Development Documents. Expansion at the new Lakeside regional centre will include the following: (i) Up to 50,000 sqm of net comparison floorspace (by 2019); (ii) At least 4,000 sqm of net convenience floorspace; (iii) Up to 3,000 new dwellings; subject to review and the Site Specific Allocations DPD. (iv) Employment and other services floorspace to broaden the employment base; (v) Commercial leisure floorspace, including food and drink uses, consistent with the function of a regional centre’ (p97).

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

5.10 Table 15 provides the details of the Implementation Framework for all the Core Strategy Policies. With regards CSTP7 it states ‘To be set out in the Local Development Document’ (p245).

 CSTP9 – Well being: Leisure and Sports - seeks the ‘provision of high quality sports and leisure facilities and appropriate spaces for those that live, work, and visit the borough’. With regards new and existing facilities, part 1 (iii) states ‘Promote smaller-scale sports and leisure facilities in town centres, local centres and Lakeside Regional centre’ (p98). Part 2 relates to ‘key sites’ and identifies that flagship sites for leisure and sports facilities for Lakeside will be identified and set out in the relevant Development Plan Documents. Table 15 provides the details of the Implementation Framework for all the Core Strategy Policies. With regards ‘Leisure within the Lakeside Regional Centre’ it states ‘To be set out in the Local Development Document’ (p246).

 CTSP10 – Community facilities – The stated aim of this Policy is to provide community facilities. Part 3 of the Policy relates to ‘key projects’ and states that ‘The Council will work with relevant partners to deliver the following projects’ which includes ‘(vii) Community facilities identified for Lakeside and set out in the relevant Development Plan Documents’.

 CSTP14 ‘Transport in the Thurrock Urban Area: Purfleet to Tilbury’ - This policy seeks to deliver at least a 10% reduction in car traffic from the 2026 levels that have been forecast. Part 1 of this Policy sets out a number of measures to achieve this. Criteria (i), (iv), (vi) and (vii) make specific reference to Lakeside; ‘(i) Phase the delivery of a network of walking and cycling core routes, with priority in growth areas. These will be supported by widespread provision of good quality cycle parking facilities. The core routes will improve access to education, healthcare, transport interchanges, employment, sports facilities, the riverside, Grays town centre, and Lakeside Regional Shopping Centre. (IV). Improve public transport infrastructure in the Thurrock Urban Area through the phased delivery of the South Essex Rapid Transit (SERT) and other inter-urban public transport and bus priority, allowing fast and reliable services to the new Community Hospital and Learning Campus at Grays, Lakeside Regional Shopping Centre, and employment opportunities. (VI). Employ Smarter Choices* measures to change travel behaviour to achieve a reduction in forecast traffic and help to

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

deliver better air quality and a better environment for job creation. Priority areas for Smarter Choices programmes include Grays and Lakeside. (VII).Identify priority areas such as Grays town centre and Lakeside Basin, for network efficiency improvement measures to address congestion and air quality issues. Other Air Quality Management Areas as well as growth / regeneration areas will undergo transport network improvements, including where improved access is required (p118).

*Note: According to the Implementation Plan these comprise ‘Techniques to influence people’s travel behaviour towards more sustainable options, including Travel Plans and marketing services, such as travel awareness campaigns websites for car share schemes, car clubs and encouraging teleworking’ (p251).

5.11 Part 2 of this Policy relates specifically to ‘New Lakeside Regional Centre’ and states;

‘The Council supports the transformation of the northern part of the Lakeside Basin into a new regional centre. This will be achieved in policy through other Local Development Documents. Regeneration and remodelling of the wider Lakeside Basin and West Thurrock areas will be taken forward with the following guiding principles: i. Securing more sustainable movement patterns, reduced private motor vehicle-dependence and complementary travel demand management measures including an area-wide travel plan. ii. Improving local accessibility and connectivity by public transport and pedestrian and cyclist permeability throughout the area including consideration of ways to reconnect the north and the south of the area, a high frequency service rail station in the south, and a personal rapid transit system. iii. Providing the necessary improvements to the local and strategic road network. iv. Introduction of a car parking charging and management regime’ (p118).

.5.12 Table 15 provides the details of the Implementation Framework for all the Core Strategy Policies. With regards ‘Lakeside Transport Package’ it states ‘To be set out in the Local Development Document’ (p252).  CSTP15 ‘Transport in Greater Thurrock’ – seeks to improve accessibility, especially to work, education and healthcare and sets out a number of measures to be undertaken by the Council and partners.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

 CSTP16 ‘National And Regional Transport Networks’ - This Policy seeks to deliver improvements to national and regional transport networks to ensure growth does not result in routes being above capacity. It advises that public transport improvements will be prioritised in order to achieve a modal shift. To achieve this Part 1 of the Policy identifies a number of measures including; ‘(III) Provide a route linking Thurrock Urban Area to Basildon through SERT by 2016 followed by additional routes to other Regional Transport Nodes. (V). Improve capacity and connections between modes of transport at key transport interchanges such as rail stations. Priority will be given to: i. Improvements of inter-urban public transport routes and connections, and especially access to Strategic Employment Sites. ii. Improvements at Grays, Stanford le Hope, Chafford Hundred / Lakeside, Tilbury, and Purfleet, and a new rail station at West Thurrock’.

5.13 Part 2 of this Policy states that ‘Thurrock Council will, with the Highways Agency and relevant stakeholders where appropriate, identify cost effective interim measures to deliver sustainable and efficient national and regional transportation infrastructure within Thurrock’.  CSTP18 ‘Green Infrastructure’ - This policy seeks a net gain in green infrastructure. Part 4 relates to programmes and section (iii) states ‘Allocations for new Green Infrastructure for Lakeside will be identified in other relevant Development Plan Documents’. Other relevant thematic policies include;  CSTP10 Community Facilities  CSTP13 Emergency Services and utilities  CSTP19 Biodiversity  CSTP20 Open Space  CSTP22 Thurrock Design  CSTP23 Thurrock Character and Distinctiveness  CSTP25 Addressing Climate Change  CSTP27 Management and reduction of Flood Risk  CSTP29 Waste Strategy

5.14 The draft Core Strategy contains a series of detailed ‘Management of Development Policies’ of which the following are the most relevant;  PMD1 Minimising pollution and impacts on amenity  PMD2 Design and layout

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

 PMD5 Open spaces, Outdoor Sports and recreation facilities  PMD7 Biodiversity and development  PMD8 Parking standards  PMD9 Road network hierarchy  PMD10 Transport Assessments and Travel Plan  PMD12 Sustainable buildings  PMD13 Decentralised, renewable and low carbon energy generation  PMD14 Carbon Neutral Development  PMD15 Flood Risk Assessment  PMD16 Developer Contributions

5.15 A Focused Review of the LDF-CS was commenced in late 2012 and early 2013. The review was to ensure that the LDF-CS and the process by which it was arrived at are not fundamentally at odds with the NPPF. There are instances where policies and supporting text are recommended for revision to ensure consistency with the NPPF. This focused review was submitted to the Planning Inspectorate for independent examination on 1 August 2013.

5.16 A ‘Broad Locations & Strategic Sites’ focused review of the LDF-CS was subject to consultation between January to March 2013. This review includes reference to land at Lakeside (Arena Essex Site).

5.17 Draft Site Specific Allocations and Policies DPD – The Consultation Draft “Issues and Options” SSADPD was subject to 12 weeks of consultation commencing on the 16th March 2012 and concluding on the 8th June 2012. The SSADPD covers all types of development site across the Borough. The Lakeside Regional Town Centre Plan forms Chapter 9 of this document.

5.18 The draft SSADPD ‘Further Issues and Options’ was the subject to a further round of consultation commencing on the 19th January 2013. Pre-submission was expected in October 2013 although this has been subject to delay. The further development of the Council’s vision for the Lakeside Regional Town Centre is being undertaken through a Master Planning process which is being prepared by David Lock Associates on behalf of Thurrock Council. The Masterplan will be supported by an Investment and Delivery Strategy (IDS).

5.19 The January 2013 document was written in the light of the summer 2012 public consultation. The document provides an indicator of the direction of travel of future policy but its current status means that it can only be afforded limited weight in the determination of the planning application. The Lakeside Regional Town Centre Plan sets out the Preferred Strategic Framework Option for the Lakeside Basin and a Preferred Option for Zone A of the Basin (the

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

area which includes the application site) including an Indicative Scale of Development.

5.20 Thurrock Council has commissioned a suite of technical studies to provide supporting evidence for the development and policy options. These include;  Interim Sustainability Appraisal, Strategic Environmental Assessment and Appropriate Assessment Report

 Interim Strategic Flood Risk Assessment Report

 Thurrock Strategic Housing Land Availability Assessment Update (SHLAA)

 Thurrock Retail Study Update (Roger Tym, Feb 2012)

 Thurrock Employment Land Review Update (ELR)

 Thurrock Lakeside Basin Preliminary Infrastructure Assessment - Baseline (2011)

 Thurrock Lakeside Basin Infrastructure Assessment (March 2012) – this includes a preliminary assessment of infrastructure requirements and costs for the ‘Strategic Framework Options’ presented in the draft SSADPD

 Thurrock Lakeside Soft Market Testing of Housing Development Options Report (Feb 2012)

 Lakeside Transport Modelling Assessment (SKM, 2012)

FORMER REGIONAL PLANNING POLICY

5.21 The former RSS has been Revoked. Prior to its revocation, the RSS went through a Single Issue Review looking at the future of the Lakeside Basin. The Secretary of State’s agreed the revision to ETG2 and E5 on the 29th January 2010. The revised former RSS Policy E5 detailed below made the northern part of the Lakeside Basin a Regional Centre and forms part of the ‘regional structure of town centres’ defined in Policy E5. The accompanying text (para 4.21) stated ‘Policy ETG2 provides the strategic policy framework governing the approach to the areas future development as a town centre’.

‘POLICY E5 – Regional Structure of Town Centres

The cities and towns of strategic importance for retail and other town centre purposes are:

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

• Regional centres: Basildon, Cambridge, Chelmsford, Colchester, Ipswich, Norwich, Peterborough, Southend, Thurrock Lakeside, Watford; and • Major town centres: Bedford, Bury St Edmunds, Great Yarmouth, Harlow, Hemel Hempstead, King’s Lynn, Lowestoft, Luton, St Albans, Stevenage, Welwyn Garden City.

Major new retail development and complementary town centre uses should primarily be located in the above centres and be consistent in scale with the size and character of the centre and its role in the regional structure. Development plan documents should only propose higher order provision where need is clearly established and the development would: •result in a more sustainable pattern of development and movement, including a reduction in the need to travel; and • have no significant harmful impact on other centres or the transport network. Any new regional centres are subject to similar considerations and should only be brought forward through a review of this RSS.

Below the level of the centres of regional strategic importance local development documents will identify a network of more local town centres, district centres, neighbourhood centres and village centres.

5.22 Former RSS Policy ETG2 (Thurrock Key Area for Development and Change) detailed below made a regional decision that the northern part of the Lakeside Basin will be transformed into a town centre, subject to the attainment of a series of pre-conditions. Part 2 of the former Policy required the preparation of an appropriate Local Development Document (LDD) to guide regeneration and remodelling of the wider Lakeside Basin and states eight points that it should addressed. Part 3 of the former Policy stated that the attainment of ‘Regional Centre Status’ is conditional upon the LDD providing the seven points specified. Part 4 of the former Policy limited expansion of the new Regional Centre to 50,000m2 of net comparison floorspace to reflect the Boroughs population growth. Part 4 of the former Policy states ‘No retail expansion should be approved until the adoption of the appropriate Local Development Documents and the imposition of appropriate conditions and obligations to secure the objectives of paragraphs (2) and (3)’.

ETG2 – Thurrock Key Area for Development and Change

(1) The Thurrock Urban Area (from Purfleet in the west to Tilbury/Chadwell St. Mary in the east) is a Key Centre for Development and Change, with the northern part of Lakeside Basin

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

defined as a Regional Centre in terms of Policy E5. Local Development Documents should: • promote an urban renaissance, re-using previously developed land and making the best use of the Thames riverside to bring about substantial improvement in the quality of the urban environment; • upgrade the image of the area as a leading centre for logistics, and enhance the scale and sustainability of its role in that respect, while also seeking to diversify the employment base; • safeguard wharves and quays necessary for the strategic functioning of the Port of London; • secure the transformation of the northern part of Lakeside Basin as a town centre conditional upon the measures set out in (2), (3) and (4) below; and • develop complementary policies for the regeneration of Grays town centre and other urban centres in the Borough.

(2) Local Development Documents should guide the regeneration and remodelling of the wider Lakeside Basin and West Thurrock area on sustainable mixed use lines by: i) defining the boundary of the area; ii) providing for a broader employment base through the identification of key strategic employment sites; iii) promoting a high quality built environment and public realm that is more coherent, legible and integrated; iv) protecting and enhancing green infrastructure including the provision of further accessible natural green space to meet local standards; v) promoting a greater mix of uses, including additional residential, office, hotel, and assembly and leisure activities; vi) improving the range of services and facilities; vii) securing more sustainable movement patterns, reduced private motor vehicle dependence and complementary travel demand management measures including an area-wide travel plan; viii)improving local accessibility and connectivity by public transport and pedestrian and cyclist permeability throughout the area including consideration of ways to reconnect the north and the south of the area, a new high frequency service rail station in the south, and a personal rapid transport system; and ix) providing the necessary improvements to the local and strategic road network.

(3) The attainment of Regional Centre status for the northern part of Lakeside Basin is conditional upon the adoption of Local Development Documents providing for:

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

i) a town centre boundary, with a designated primary shopping area; ii) a greater mix of uses and services including a significant increase in housing and office accommodation and the provision of convenience retail floorspace; iii) an indicative scale of floorspace for each major town centre use; iv) indicative thresholds for new retail floorspace, phased with required infrastructure; v) design and public realm enhancements; vi) improved accessibility for pedestrians and by non-car modes, including the introduction of a car parking charging and management regime; and vii) an implementation plan.

(4) Retail expansion at the new Regional Centre should be limited to 50,000 m2 of net comparison floorspace by 2019 together with an appropriate amount of convenience floorspace to reflect the Borough’s population growth. No retail expansion should be approved until the adoption of the appropriate Local Development Documents and the imposition of appropriate conditions and obligations to secure the objectives of paragraphs (2) and (3). Any further strategic retail development beyond the initial 50,000 m2 net of comparison retail floorspace at the new Lakeside Regional Centre should be considered through future RSS reviews.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.0 ASSESSMENT

6.1 There are essentially 7 main issues relating to the consideration and determination of this application:

I. Development Plan context, retail / leisure impacts and conformity with Policies for the Lakeside Basin. Part 1 of the report also includes consideration of; (a) traffic impact, access, car parking and other transport issues and (b) Urban design, townscape, visual impacts and public realm (c) sustainable design.

II. Flood risk, drainage, water quality and water resources;

III. Ground conditions, contamination and remediation;

IV. Noise and air quality;

V. Effects upon ecology and nature conservation;

VI. Phasing and impact of construction;

VII. Socio-economic effects.

I. DEVELOPMENT PLAN CONTEXT, RETAIL / LEISURE IMPACTS AND CONFORMITY WITH POLICIES FOR THE LAKESIDE BASIN.

6.2 The transformation of Lakeside into a ‘Regional Centre (town centre)’ forms part of the LDF-CS Spatial Vision for 2026 (para 3.10, p24 & 3.25 p26). The LDF-CS identifies ‘Lakeside and West Thurrock’ as a ‘Key Areas of Regeneration and Growth’ (para 3.19, p28). As detailed in the policy section, there are a number of Policies in the LDF-CS which specifically refer to the Lakeside Basin. LDF-CS Policy CSSP2 (Sustainable Employment Growth) identifies Lakeside Basin / West Thurrock as one of five key economic clusters. It envisages Local Development Documents (LDD’s) identifying proposals to bring forward the diversification and redevelopment of the Lakeside Basin (p42). LDF-CS Policy CSSP3 (Sustainable Infrastructure) identifies a number of ‘Key Strategic Infrastructure Projects’ it judges as essential to the delivery of the Core Strategy including a ‘Lakeside Expansion and Diversification Transport Package’ the details of which will form part of the LDD for Lakeside. Given the stage at which the SSADPD has reached the ‘Lakeside Expansion and Diversification Transport Package’ has yet to be produced.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.3 The key LDF-CS policy which defines the scope of new built development at Lakeside is CSTP7: Network of Centres. It states; ‘Expansion at the new Lakeside regional centre will include the following: (i) Up to 50,000 sqm of net comparison floorspace (by 2019); (ii) At least 4,000 sqm of net convenience floorspace; (iii) Up to 3,000 new dwellings; subject to review and the Site Specific Allocations and Policies DPD. (iv) Employment and other services floorspace to broaden the employment base; (v) Commercial leisure floorspace, including food and drink uses, consistent with the function of a regional centre’.

6.4 Policy CSTP7 supports the transformation of the Lakeside Basin into a ‘new regional centre’ and, consistent with the former RSS Policy ETG2, seeks to achieve this by way of an LDD. A number of other thematic policies in the Core Strategy relevant to proposed development at Lakeside identify that specific detail and achievement of policy objectives rely upon the production of a Local Development Document, namely;  CSTP6 ‘Strategic Employment Provision’

 CSTP9 ‘Well being: Leisure and Sports’

 CTSP10 ‘Community facilities’

 CSTP14 ‘Transport in the Thurrock Urban Area: Purfleet to Tilbury’

 CSTP18 ‘Green Infrastructure’

6.5 With regard to the principle of additional town centre uses at Lakeside, it is clear that LDF Policies afford a significant quantum of additional retail and leisure development to Lakeside but specify a plan-led approach to its provision. The LDD will detail how the spatial objectives LDF-CS are to be achieved including; i) defining a town centre boundary, with a designated primary shopping area; ii) provide for a greater mix of uses and services; iii) provide an indicative scale of floorspace for each major town centre use; iv) provide indicative thresholds for new retail floorspace, phased with required infrastructure; v) design and public realm enhancements;

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

vi) improved accessibility for pedestrians and by non-car modes, including the introduction of a car parking charging and management regime;

6.6 All of which will be guided by a Masterplan and ‘Investment and Delivery Strategy’ (IDS) that will seek to ensure the transformation is supported by the necessary infrastructure to allow the Lakeside Basin to transform in the manner envisaged in the LDD. Furthermore, the IDS will need to determine what infrastructure is required, where and at what time to support the transformation and the extent to which development will contribute to the provision of infrastructure in that context together with the role of Thurrock Council as a deliver agent.

6.7 The LDF SSADPD reached ‘Further Issues and Options’ stage (Jan 2013) and as such a range of options for the Lakeside basin have been consulted upon. The further development of the Council’s vision for the Lakeside Regional Town Centre is being undertaken through a Master Planning process which is being prepared by David Lock Associates on behalf of Thurrock Council. This work is now significantly advanced, albeit it has yet to be consulted upon. Given the current stage of the SSADPD and Masterplan, no preferred option for the transformation of the Lakeside Basin into a new regional centre has been finalised nor is there a published Investment and Delivery Strategy (IDS) sitting alongside.

6.8 With regards to the current application and the above current policy position, three questions arise;

Q1. The extent to which the proposal would achieve or sufficiently assist in achieving the objectives for the Lakeside Basin detailed within statutory policies so far as they can be interpreted at this stage.

Q2. Is there prejudice caused to the achievement of the objectives for the Lakeside Basin detailed within statutory policies?

Q3. Is there a sound justification to depart from a plan-led approach embodied in the LDF to have in place an appropriate LDD to deliver the economic, environmental and transport objectives for the Lakeside Basin and Regional Centre?

6.9 The following considers Q1 and Q2 referred to above. Q3 above is considered within the conclusions of this report. This section of the report considers the proposal against the options for how the 8 objective for the Lakeside Basin

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

expressed in the draft SSADPD (Jan 2013, para 9.4.21, p137) are currently proposed to be met. The eight objectives are detailed in boxes below for ease of reference. This part of the report also considers urban design, townscape, visual impacts and public realm issues against the 13 Development and Design Principles set out at paragraph 9.5.1 of the draft LDF-SSADPD (Jan 2013) (p138) together with relevant development plan policies.

6.10 When considering this report it need to be borne in mind that given the stage which the draft SSADPD, Masterplan and associated Investment and Delivery Strategy have reached, the limited weight it can currently be afforded and that in some instances it is either difficult or impossible to judge with certainty at this stage;  what will be specified within the final LDD including how it will address the requirements of the LDF-CS to bring about the transformation of the Lakeside Basin,

 how and by whom it will be delivered,

 whether the development proposed within this application goes sufficient far as to make a proportionate contribution to achieving the objectives of LDF-CS Policy CSTP7.

Draft LDF-SSA DPD - Objectives [Quantum and nature of uses] 1. To increase the level of economic activity and inward investment within the new town centre by ensuring the availability of land to accommodate new retail, leisure, entertainment, housing, employment and community facilities; 2. To develop Lakeside’s role as a Regional Town Centre providing a competitive range of high quality shopping opportunities. This will be achieved by strengthening the existing offer and providing for larger high street retailers as well as more creative shopping formats in order to meet future shopping needs and facilitate the retail-led regeneration and transformation of the northern part of the Lakeside Basin. 3. To promote Lakeside’s development as a leisure and tourism destination providing a wide range of attractions which will appeal to a diverse audience. This will be achieved by encouraging the creation of a vibrant centre and offering a range of quality leisure attractions and facilities including large scale commercial leisure attractions and niche leisure uses; café bars, restaurants, drinking establishments; a new leisure and tourism offer, including hotels and conferencing facilities; and building upon the opportunities for formal and informal outdoor activities provided by Alexandra Lake, and the provision of links to

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Northern Lake and the Mardyke Valley;

6.11 Paragraphs 26 of the NPPF state; ‘when assessing applications for retail, leisure and office development outside of town centres, which are not in accordance with an up-to-date Local Plan, local planning authorities should require an impact assessment if the development is over a proportionate, locally set floorspace threshold (if there is no locally set threshold, the default threshold is 2,500 sq m)’.

6.12 The LDF-CS seeks to use the additional planned development within the northern part of the Lakeside Basin as a driver to bring about a Regional Town Centre. Significant element of this both in terms of quantum and investment is; (i) Up to 50,000 sqm of net comparison floorspace (by 2019); (v) Commercial leisure floorspace, including food and drink uses, consistent with the function of a regional centre’.

6.13 The provision of additional retail and commercial leisure floorspace within the centre of the Lakeside Basin is therefore in accordance with an up to date development plan.

6.14 The Draft LDF-SSADPD sets out ‘Spatial Options’ for the Regional Town Centre. The application site together with the rest of the Intu Lakeside centre falls within Zone ‘A’. The preferred option, the Expanded Core, is primarily concerned with the location and development of the primary shopping area and specifically its transformation into a regional town centre.

6.15 Table 2 in this report details the proposed floorspace by Use Class. The proposal includes 11,447 sq.m of D2 (Assembly and Leisure) floorspace and 9,267 sq.m of floorspace within A3, A4 and A5 uses. These uses have a combined total 20,714sq.m. The emerging work on the Lakeside Masterplan includes the Draft Sub-Regional Retail Study (PBA, Sept 2013). Whilst this study is in draft, it does contain an up to date assessment of non-food identifying;  The scope for an additional 4,043 sq.m A3, A4 and A5 floorspace at Lakeside in the short term (up to 2016) and scope for an additional 18,281 sq.m in the longer term, up to 2026  Due to the limited provision of gym and leisure facilities in the Lakeside Basin, there is scope to improve this offer.  There is also potential to expand the cinema facilities at Lakeside in order to claw back expenditure that is currently lost to destinations outside of the Borough.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

 There are no family entertainment facilities in Lakeside or Thurrock district as a whole, therefore there is an opportunity to provide such uses at Lakeside to improve the leisure offer of the Borough as a whole.

6.16 The table on page 167 of the LDF SSAPLP (Jan 2013) provides an indicative scale of development for Zone ‘A’, including up to 26,000 sqm of leisure including a possible flagship leisure scheme. The proposed development subject of this application provides a good proportion of the Leisure floor area but is comfortably within the indicative scale of development detailed within the Draft SSADPD (Jan 2013). The scale of the leisure proposals would provide a key leisure core and significantly enhance the offer within the Lakeside Basin which is at present under represented for a centre of this scale.

6.17 The table on page 167 of the draft SSADPD provides an indicative scale of development for Zone ‘A’, including up to 10,000 sq m gross additional A3-A5 floorspace. The 9,267 sq.m of additional A3, A4 and A5 floorspace is within the range of quantified need for additional floorspace of this type within the Lakeside Basin and within the Zone identified to accommodate these types of uses.

6.18 The proposed retail (A1 use) is a small element of this proposal, comprising a maximum of 1,446 sqm GIFA (circa 1,157 sq.m NFA). The 2012 permission for Intu Lakeside allowed c. 30,121sq.m NANSA and as such represents 60.2% of the total comparison retail floor area permissible under LDF-CS. The proposal would increase the amount of permitted NANSA at Intu Lakeside to circa 31,278sq.m, or 62.55% of the total comparison retail floor area permissible under LDF-CS.

6.19 In describing the preferred option, paragraph 9.9.4 of the LDF SSADPD (Jan 2013) refers to the desirability of an extended retail and leisure offer focussing towards the west as per the proposed development. Paragraph 9.9.6 goes on to confirm that a high quality externalised street environment could be development on the western side of the shopping centre, something that is proposed in this planning application through the creation of new high quality public realm, a new improved western entrance to the existing mall and the improvements to legibility and permeability arising out of the proposals.

Draft LDF-SSA Objective [Design, density and town centre] 4. The design and density of new development will be appropriate for a new town centre in order to create buildings and spaces of an appropriate form, scale and density to support the transformation of Lakeside into a safe, attractive and vibrant town centre.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.20 This part of the report considers urban design, townscape, visual impacts and public realm. The encouragement of good design is included in NPPF including Section 7 ‘Requiring good design’. As detailed above, this report considers the proposal against the relevant development plan policies CSTP22 (Thurrock Design) and PMD2 (Design and Layout) and the 13 ‘Development and Design Principles’ set out at paragraph 9.5.1 of the draft LDF-SSADPD (p138) and detailed below (in the grey boxes);

6.21 Whilst outline planning permission is sought with all matters reserved, the application is accompanied by a number of parameter plans, supporting documents including a Design and Access Statement. Therefore, an assessment of the site layout and urban design issues raised by the development is possible.

Development and Design Principles; 1. The creation of a hierarchy of interconnected public realm spaces within a network of streets including urban squares and neighbourhood parks within which the movement of pedestrians, cyclists and public transport is prioritised;

6.22 At the core of the existing Intu Lakeside is the mall which runs north to south between the main anchor stores. Off this central spine are several branches which form the main entrances to the LSC upon meeting the external facade. The proposal focuses development to the west of the mall and around one of these main entrances located on the western eastern facade of the Mall.

6.23 In describing the preferred option, paragraph 9.9.4 of the draft LDF SSADPD (Jan 2013) refers to the desirability of an extended retail and leisure offer focussing towards the west as per the proposed development. Paragraph 9.9.6 goes on to confirm that a high quality externalised street environment could be development on the western side of the shopping centre.

6.24 The application proposes a series of buildings and extensions set around an externalised street environment and a series of ‘public’ pedestrianised spaces linking the lake edge and boardwalk environments to a remodelled western entrance to the Mall. These spaces are described in part 1 of this report by reference to The Street, Family Square, Town Square and The Waterfront. The application includes the enhancement of the pedestrian link along the western lake edge which would afford better pedestrian and cycle access from West Thurrock Way. The applicant has also committed to the delivery of the pedestrian, cycle and bus link along the northern edge of the lake. This would enhance the pedestrian and cycle link between Intu Lakeside, Tesco’s and the wider basin. It would also provide a dedicated bus link. It is considered that the

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

proposal makes a significant contribution to this design principle, through providing an externalised leisure offer set within an enhanced public realm, improving the relationship with Alexandra lake, improving pedestrian and cycling connections and transferring road space from the private car to pedestrian and cyclists.

Development and Design Principles; 2. The integration of the existing shopping malls and surrounding retail and leisure development into the emerging network of routes and public spaces;

6.25 The proposal contributes to this through externalising the environment in this location and providing new and improved connections to the existing mall. It is considered that the proposal conforms to this development and design principle.

Development and Design Principles; 3. The importance of enhancing legibility and navigation around the town centre by cultivating distinctiveness at the macro and micro level and the need to provide a clear distinction between public and private spaces to help improve public safety and personal security and privacy;

6.26 Whilst this application is in outline form, the parameters plans show the proposed layout, the minimum effective width of the various areas of public realm and how the building blocks sit within the public realm. The proposal shows how there will be a clear distinction between public and private spaces, the vast majority being public and external to the mall. The proposed series of external spaces are logical and would enhance legibility and assist navigation through the space. The development would assist in providing greater externalisation of the retail and leisure offer at Lakeside and in doing so assist in connecting visitors to the lake environment and wider pedestrian / cycle connections within the basin. Arrival points are clearly identified and pedestrian and cycling routes follow clear desire lines. It is considered that the proposal conforms to this development and design principle.

Development and Design Principles; 4. Promoting perimeter block development creating and reinstating interesting and vibrant street frontages and ensuring that urban

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

spaces are overlooked by active ground floor uses which create activity and interest;

6.27 The proposal is for perimeter block development which creates active street frontages onto the main streets and squares. This will ensure that the urban spaces are overlooked by active ground and first floor uses. It is considered that the proposal conforms to this development and design principle.

Development and Design Principles; 5. Ensuring that careful consideration is given to the layout and massing of buildings to take into account local climatic considerations; 6.28 Whilst this application is in outline form, Parameters Plan 5 details the minimum and maximum building height Above Ordinance Datum (AOD) as referred to in the description in section 1 of this report.

6.29 The majority of the extensions (Blocks A, B, C and D) are proposed to be two- storey and have a maximum height of 17m AOD. This is marginally above the height of the main roof of the existing mall which is at circa 16.6m and below the existing tower feature at the mall entrance (at 24.45m AOD) and the spire on the central dome (at 45.33m AOD). This would not cause any significant disjuncture of scale between the proposed and existing. The minimum dimensions and orientation of the squares should ensure an acceptable micro- climate. In addition, it is not considered that this element of the proposal would not give rise to adverse landscape, townscape or visual effects and as such is not contrary to LDF-CS Policy CSTP23 (Thurrock Character and Distinctiveness).

6.30 The application proposes the erection of a hotel above Blocks A & B to the north side of the Town Square. The indicative sections (p56 D&A Statement) detail the hotel being 5 storeys (in addition to the two-storey building it sits above) and having a maximum height of 35m AOD, some 10m higher than the tower on the entrance mall. LDF-CS Policy PMD3 relates to Tall Buildings, and part 1 of the policy defines these as buildings of 6 or more storeys or more than 2 storeys above the prevalent form of development in a primarily residential area, or more than 6 storeys in other locations including recently developed, predominantly residential neighbourhoods. The proposed hotel has the potential to be a tall building, according to this definition. Part 2 of Policy PMD3 states; Thurrock will assess applications for tall buildings against the Criteria for Evaluation set out in Section 4 of the CABE/English Heritage publication ‘Guidance on Tall Buildings’ (2007). The Council will only support those applications, which respond positively to all the relevant criteria.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.31 In light of the above, the hotel element falls to be considered against CABE’s guidance on tall buildings. Detailed below is an assessment of the tower against the 10 criteria outlined in the Policy for evaluating tall building proposals;

i. The relationship to context

The hotel is proposed as part of a proposed mixed use, leisure-led scheme focussed around new areas of public realm and integrating with the existing built environment. It will frame the Town Square, and may overlook the lake (depending on final siting), and in either scenario will be set in space, rather than competing with or dominating the building blocks around it.

ii. The effect on historic assets A building of the proposed scale in this location would not have an adverse impact on historic assets.

iii. The relationship to transport infrastructure

This report considers issues around sustainable transport and modal shift elsewhere. In principle, the proposed hotel is an appropriate use in this location where additional mixed use development is envisaged in the LDF- CS as part of the transformation to a regional town centre. The Lakeside basin is served by public transport links, including a bus and rail station, and has significant proximity and connections to the strategic road network.

iv. The architectural quality of the proposal

v. The credibility of the design, both technically and financially

The application is submitted in outline form. Advice published by CABE and English Heritage, suggest that outline planning applications are not appropriate when considering the impact of tall buildings. Part 7 of LDF- CS Policy PMD3 also requires a full application to be submitted for tall buildings. However, CABE and English Heritage guidance accepts that, in exceptional circumstances, the principle of a tall building may be acceptable at outline planning consent as part of a robust and credible long term Masterplan, provided it is subject to Environmental Impact Assessment.

The applicants Planning Statement advises; ‘The proposed hotel forms part of a larger, mixed use development the like of which are commonly

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

brought forward through planning in outline form in this way. It is vitally important that the principle of development is established in order to allow intu to enter into discussions with potential hotel operators, given this is not an established location for hotel uses. The chosen operator will then formulate the detailed design of the building in accordance with their specific requirements but reflecting the parameters that are set within this planning application submission’(para 3.26).

Part 5 of LDF-CS Policy PMD3 specifies that tall buildings will only be appropriate in certain locations which will be specified in the Site Specific Allocations and Policies DPD. Draft SSADPD (Jan 2013) Policy SAP28 states that Lakeside Regional Centre is an appropriate location for tall buildings. The Council are currently in the process of producing a Masterplan for the Lakeside Basin.

The applicant’s Design and Access Statement includes a section on Appearance. In addition to the parameters detailed in Section 1, the Design and Access statement includes a series of precedent images and states; ‘These precedent images offer a vision of typical elevation designs which the team feels is appropriate at this outline stage. Hotels by their nature allow limited design flexibility in their form due to the standard internal room layouts. However this can be used to create elevations with either simple, elegant designs or more playful, colourful yet repetitive patterns. The flexibility and design quality ultimately depends on the requirements of the tenants, and further details of this will be provided at reserved matters when more details are known’. It is considered that the illustrative material provides a vision for a coherent architectural treatment for this element. Whilst it is not possible to be certain that the illustrative material would be used as the basis for designing the details of the development, it would be possible to reject poor design at reserve matters stage.

The LDF-CS provides in principle support for tall buildings within the Lakeside Basin. This is in part due to the location within a former chalk quarry, the impact of existing large scale development and associated infrastructure and the relatively low sensitivity of the landscape in this location. Whilst the design of the building will be important, particularly for localised and long distance views that will be afforded, in this instance given the policy support for a tall building, the context of the site, the relatively low sensitivity of the location and the commercial realities of bringing this scheme forward, it is considered it is appropriate in this instance to allow the outline application to establish the parameters and for appearance to be dealt with via reserve matters.

vi. The sustainable design and construction of the proposal

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

CABE guidance advocates that tall buildings set exemplary standards in sustainable design and construction. The guidance calls for proposals to exceed the latest regulations for minimising energy and reducing carbon emissions over the lifetime of the development.

Having regards to Part 2 of this report, in terms of specific policy targets, the scheme targets BREEAM very good, in response to the requirement in PMD12 (Sustainable Buildings). In response to the requirements of policies PMD13 and CSTP26 (Renewable or low-carbon energy generation), over 10% of the energy is from low carbon sources (page 6 of the Energy Statement). In terms of PMD14, the Energy Strategy details how the development will incorporate a range of viable Energy Hierarchy measures, in order to reduce the regulated C02 emissions by 11.5% over Building Regulations Part L. The proposal meets and, in part, would exceed the requirements of policy. vii. The contribution to public space and facilities viii. The provision of a well designed environment As detailed above, it is considered that the proposal conforms with development and design principles in these regards.

ix. The effect on the local environment

The development is on the northern part of the public square. Issues such as microclimatic effects and overshadowing will be dealt with in further detail at reserved matters stage.

x. The contribution made to permeability

As detailed above, the proposal conforms with development and design principles in this regard.

6.32 In light of the above, it is considered that the proposal demonstrates general conformity with the majority of the CABE / EH guidance on tall buildings and criteria of LDF-CS Policy PMD3. With regards criteria (v) detailed above, the LDF-CS provides in principle support for tall buildings within the Lakeside Basin. This is in part due to the location within a former chalk quarry, the impact of existing large scale development and associated infrastructure and the relatively low sensitivity of the landscape in this location. As this proposal is in outline it does not provide details of the architectural quality of the proposal or the credibility of the design. Whilst the design of the building will be important, particularly for localised and long distance views that will be

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

afforded, in this instance given the policy support for a tall building, the context of the site, the relatively low sensitivity of the location and the commercial realities of bringing this scheme forward, it is considered it is appropriate to allow the outline application to establish the parameters and for appearance to be dealt with via reserve matters. It is considered that the proposal conforms to the development and design principle set out in the Draft LDF-SSADPD.

Development and Design Principles; 6. Creating of new focal points including urban squares to interconnect the primary activity areas and to provide a focus for public events and community activity;

6.33 The Town Square is a focal part of the scheme and is linked by a series of spaces, including the principle arrival points. Movement and activity will be created as people move between the leisure offer, car parking, riverside environment and mall. The applicant recognises the potential of this space to hold events, community activities and function as a town square. It is considered that it is suitably commodious to enable this to function effectively. It is considered that the proposal conforms to this development and design principle.

Development and Design Principles; 7. Realising an intense pattern of development making effective use of previously developed land and achieving a concentration of diverse town centre uses and activities; 8. Condensing car parking into multi-deck forms, freeing land to restructure the urban environment and accommodate new uses wherever possible;

6.34 The proposed development is on existing surface car parking thus reducing car parking ratios overall and intensifying the built form. Additional car parking to replace the surface car park is not considered necessary. It is considered that the proposal conforms with these development and design principles.

Development and Design Principles; 9. Creating a network of attractive, functional and purposely designed green infrastructure, with wildlife and recreation in mind; 10. Integrating and celebrating Alexandra Lake and Northern Lake as

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

an attractive setting for development and formal/informal outdoor recreation and leisure;

6.35 The proposal does much to improve the relationship between the existing and proposed built environment with the lake and includes new boardwalk and a waterside park. It is considered that the proposal conforms with these development and design principles.

Development and Design Principles; 11. Encouraging the use of high quality sustainable building materials and energy conscious design;

6.36 Given the outline nature of the proposal, building materials are not fixed at this stage. The indicative images contained in the Design and Access Statement show how the buildings and public spaces could have high quality finishes. Having regards to Part 2 of this report, in terms of specific policy targets, the scheme targets BREEAM very good, in response to the requirement in PMD12 (Sustainable Buildings). In response to the requirements of policies PMD13 and CSTP26 (Renewable or low-carbon energy generation), over 10% of the energy is from low carbon sources (page 6 of the Energy Statement). In terms of PMD14, the Energy Strategy details how the development will incorporate a range of viable Energy Hierarchy measures, in order to reduce the regulated C02 emissions by 11.5% over Building Regulations Part L. The proposal meets and, in part, would exceed the requirements of policy. It is considered that the proposal conforms with this development and design principle.

Development and Design Principles; 12. Establishing a common and holistic approach to signage and the delivery of a unifying approach to public realm design to assist in creating an attractive and distinct character for the new town centre;

6.37 The applicant advises that they are happy to discuss these matters with the Council as part of a holistic approach to the new town centre.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Development and Design Principles;

13. Promoting the development of a comprehensive management and maintenance regime to look after all public areas

6.38 The applicant advises that they are happy to discuss these matters with the Council as part of a holistic approach to the new town centre.

Draft LDF-SSA Objective [Housing]

5 To deliver a range of housing types and tenures of new homes which will appeal and cater for a diverse range of people including young professionals and families looking for an urban and contemporary housing offer. This will be achieved through the creation of new neighbourhoods which will transform the housing market within Thurrock, change perceptions and attract newcomers. Each neighbourhood will be designed to provide a high quality and distinctive living space with more spacious accommodation, private space, good quality open green space and community infrastructure, together with the benefits of being in close proximity to employment, shopping and leisure opportunities;

6.39 Whilst the draft SSADPD (Jan 2013) indicated a spatial distribution of housing within the Lakeside Basin, including 300 within Zone ‘A’, it did not specify how this could be accommodated within each zone. Such matters are to be considered by the emerging Masterplan. Notwithstanding this, the draft SSADPD (Jan 2013) refers to the desirability of an extended retail and leisure offer focussing towards the west as per the proposed development. In light of the above, the proposal does not prejudice the delivery of housing within the zone should this form part of the Masterplan and / or further iteration of the SSADPD.

Draft LDF-SSA Objectives [Transport]

6 To create a compact, dynamic and vibrant regional town centre where residents and visitors can enjoy and access a wide range of services and activities served by an integrated transport network which reduces the need to travel by car; 7 To create a fully integrated, accessible and connected town centre served by a wide range of sustainable travel modes. This will be achieved by ensuring that the network of roads, footpaths and spaces will be focused on improving pedestrian connectivity and legibility to create a safe, attractive and walkable urban centre. The development of

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

a new and improved Lakeside Transport Interchange will contribute to meeting this objective by creating an attractive gateway to the town centre, whilst enhancing the existing good accessibility to Lakeside by both bus and rail. A strong network of bus service provision will also be strengthened through the development of a new ‘hopper ‘bus system to both serve and connect the town centre. A phased approach towards the management and provision of car parking provision will need to be developed to respond to changing levels of demand and public transport improvements.

6.40 The application is accompanied by a Transport Assessment (TA) and associated supplementary information.

6.41 Section 9 of the NPPF relates to promoting sustainable transport. Paragraph 32 states; Plans and decisions should take account of whether:

● the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure; ● safe and suitable access to the site can be achieved for all people; and ● improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.

6.42 As detailed in Section 7 of this report there are a number of relevant Core Strategy Policies including;  CSSP3 (Sustainable Infrastructure)  CSTP14 (Transport in the Thurrock Urban Area: Purfleet to Tilbury) CSTP15 (Transport in Greater Thurrock)  CSTP16 (National and Regional Transport Networks)  CSTP18 (Green Infrastructure)  PMD8 (Parking Standards),  PMD9 (Road Network Hierarchy)  PMD10 (Transport Assessments and Travel Plans)

6.43 Whilst the Lakeside Basin can be accessed by public transport from the Chafford Hundred rail station and by both the regional and local bus services the vast majority of people access the Lakeside Basin by car (currently around 85% for Intu Lakeside and 95% for Zone 2). There is a lack of integration between each of the three main centres or the network of footways and cycling facilities within Lakeside Basin due to the intimidating nature of the highways, poor pedestrian environment and the distances involved in walking between

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

areas. At present, considerable traffic build-up on both the strategic road network and the local road network within and surrounding the Lakeside Area can often be observed, particularly during retail and commuter peaks.

6.44 Evidence given to the RSS Single Issue Review drew attention to the unsustainable nature of the current movement patterns within the Lakeside Basin and the conflict with Government policy on climate change and transport. The RSS Panel Report states; ‘We conclude that unrestricted traffic growth would be contrary to Government policy and that there is a need for actions to generate a more sustainable pattern of movement’ (para 4.11).

6.45 Both the RSS Single Issue Review and the LDF Core Strategy (Policy CSTP14) identify the need for growth at Lakeside to bring about more sustainable travel patterns and the use of more sustainable modes of transport, including public transport, cycling and walking. In addition to new transport infrastructure to allow more effective transport links and access into and across the area.

6.46 The Draft SSADPD (Jan 2013) contains an assessment of the required infrastructure, including a breakdown by Zone (p168 relates to Zone A). Since the publication of the Draft SSADPD, the Council has undertaken further transport modelling and has commissioned further work assessing infrastructure requirements and refining options as part of the production of a Masterplan.

6.47 The current proposal amounts to a proportion of the planned development for the Lakeside Basin and that current envisaged in the draft SSADPD (Jan 2013) for Zone ‘A’. As detailed in Section 3 of this report, the planning permission for the retail expansion at Intu Lakeside contained a number of items of embedded infrastructure (such as the relocation of the bus station and provision of additional footway and cycleways) together with a number of obligations requiring the delivery of various infrastructure (including a new bridge across Lake Alexandra, a Variable Message Signage system on Fenner Road and works to the south bound slip road off Junction 30 of the M25), the delivery of which is based on certain triggers set out in the permission. In assessing the contribution this current proposal makes to the transformation of the Lakeside Basin and the achievement of stated objectives, regard needs to be had to the infrastructure committed, the extent to which this development forms a proportion of the planned development within the Lakeside Basin and that this development may be undertaken either in advance of or without the implementation of the retail permission.

6,49 Strategic Road Access

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.50 LDF Policy CSTP16 (National and Regional Transport Networks) seeks to deliver improvements to national and regional transport networks to ensure growth does not result in routes being over capacity. LDF CS Policy CSTP14 Part 2 (iii) states that one of the guiding principles of the LDS for Lakeside will be ‘providing the necessary improvements to the local and strategic road network’. The ‘Thurrock Lakeside Basin Preliminary Infrastructure Assessment - Baseline’ (2011) identifies current highway capacity issues. The Draft SSADPD (Jan 2013) states that ‘A critical issue at Lakeside is the need to manage traffic flows at Junction 30 (J30) of the M25. This would be a requirement even if Lakeside were not to be developed as a Regional Town centre’ (9.11.3). Given the stage the draft SSADPD has reached, no favoured option or strategy has been developed for addressing highway capacity issues arising from the totality of the planned development at Lakeside.

6.51 In addition to considering the impact on the strategic road network arising from the development it is relevant to consider the implications of approving a development ahead of the LDD and an appropriate strategy to deal with infrastructure including the impact of the totality of development planned at Lakeside upon the Strategic Road network.

6.52 Para 8.7 of the TA assesses traffic impact at Junction 30 of the M25. The TA concludes that the anticipated 15 vehicles an hour (two-way) in the critical Friday evening peak at Junction 30 would not constitute a material increase in traffic. NPPF para 32 states; ‘improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe’. The Highways Agency raised no objection to the proposal subject to the implementation of a Travel Plan.

6.53 LDF Policy CST16 (Part 1) seeks to ensure growth does not result in routes being over capacity. In this instance, many of the strategic route (i.e. M25 / A13) are regularly over capacity. The Department for Transport (DfT) has recognised that major improvements to Junction 30 of the M25 are required and this is an identified infrastructure priority for the Highways Agency. However, whilst the level of capacity improvements and cost has not yet to be finalised, the cost of such works is likely to exceed £100m and not be completed within the timescale for the planned development at the Lakeside Basin. This situation is recognised in LDF-CS Policy CST16 (Part 2) which states ‘Thurrock Council will, with the Highways Agency and relevant stakeholders where appropriate, identify cost effective interim measures to deliver sustainable and efficient national and regional transportation infrastructure within Thurrock’. Given the scale, cost and timescale of the long

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

term improvements needed to J30, it is considered that the proposed measures to bring about mode shift is an appropriate response in this instance that would facilitate development in accordance with the approach advanced in LDF Policy CSTP16 (Part 2). The Highways Agency is not objecting to the proposal subject to conditions.

6.54 Site layout and local road network

6.55 The Draft SSADPD (Jan 2013) contains an assessment of the required infrastructure, including a breakdown by Zone (p168 relates to Zone A). In relation to ‘additional contributions’ it identifies; ‘re-organised local road network outside of the zone’.

6.56 At present car parks B, C and D (located to the south-west) and car parks 10 and 12 (in the north-west) are served by the western distributor road. This offers the opportunity to arrive and depart these car parks from either the north or the south and utilise all three principle points of access to the public highway (north, east and south). The development proposes to close the western distributor road to through traffic and create two pick-up/drop-off areas to the north (Arrival Point 1) and the south (Arrival Point 2). The three principle points of access to Intu Lakeside would remain. Car parks B, C and D would be accessed / egressed via the southern spur of the western perimeter road. Car parks 10 and 12 are proposed to have reconfigured egresses and be accessed from the northern spur of the western perimeter road.

6.57 The closure of the western perimeter road enables the reduction in the number of lanes from four lanes to three lanes (two inbound and one outbound lane) which facilitates the proposed works to widen and enhance the footway / cycleway along the western edge of Lake Alexandra. These works would enhance an important pedestrian route between Intu and the principle arterial route along West Thurrock Way.

6.58 Highways advise that given the severance of western perimeter road, the use of Variable Message Signage (VMS) will be much more important in advising drivers of the availability of parking spaces in the respective car parks. The applicant is advancing the provision of a VMS system as part of the Heads of Terms.

6.59 Arrival Point 1 has been designed to facilitate a bus stop and taxi rank. Arrival point 2 (to the rear of the Boardwalk) has been designed to provide a customer drop off / turnaround area. In terms of the amended road layout, Highways recommend that a condition requiring the submission and

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

agreement of the detailed design of the roundabout proposed at the intersection between the northern and western distributor road.

6.60 As changes are planned to the infrastructure serving the Centre, specifically the closure of the Western perimeter Road to through traffic, the TA includes traffic surveys to establish the impact on traffic movements within the Basin.

6.61 In respect of Fenner Road, the revised transport model, details that without mitigation queue length will increase by 3 vehicles on a Friday and 2 vehicles on a Saturday. Thurrock Council Highways are content that this level of impact will easily be mitigated by the applicant’s proposed VMS on the A1306 approach to Burghley Road, which would advise traffic to divert to A1306 Spiral Roundabout access to Lakeside when traffic queues on Fenner Road.

6.62 In respect on Lancaster Roundabout, the revised traffic model indicates that unmitigated, the development would significant increase in the queue length. Highways advise that the VMS may reduce some trips in the area however this alone would not help mitigate the secondary trips by car along West Thurrock Way. The applicant proposes to enhance the footway, cycle and bus links to the existing retail parks to the west, such measures comprise;

- Enhancing the footway link along the western edge of Lake Alexandra enhancing the connection to the footway and cycleway along West Thurrock Way - The provision of the ‘northern link’ which comprises a dedicated bus link between Intu and Tesco’s together with improvements to the pedestrian access along the northern part of Lake Alexandra.

6.63 Highways advise that such measures ‘would contribute towards reducing car linked trips for the whole of INTU and hence mitigate this impact’. Overall, it is considered that the localised impacts would, for the most part, be mitigated. The proposal would enhance accessability by means other than the private car and any residual cumulative impacts would not be severe and warrant the refusal of planning permission.

6.64 Travel demand management measures (TDM), improving local accessibility and connectivity by public transport and pedestrian and cyclist permeability throughout the area

6.65 The Lakeside Basin has a strong concentration of successful retail developments; specifically Intu Lakeside, Lakeside Retail Park and The Junction. They are to a degree segregated due to the dominance of road infrastructure, the lack of high quality footway and cycle connections throughout the area, lack of ‘joining’ developments. This acts to discourage sustainable movement patterns and encourages cross-site and inter-basin vehicular journeys, contributing to high traffic flows and congestion.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.66 LDF Policy CSTP14 (Part 2 (i)) (Transport in the Thurrock Urban Area) seeks to secure more sustainable movement patterns through complementary travel demand management measures (TDM). Part (ii) seeks ‘improving local accessibility and connectivity by public transport and pedestrian and cyclist permeability throughout the area’.

6.67 TDM is a general term for measures aimed at influencing travel decisions towards stated objectives. The Lakeside Basin Preliminary Infrastructure Assessment (2012) identifies the following measures as being required to support the traffic demand reductions for new traffic generated by the new land uses; (a) A car park charging and management regime in accordance with Policy ETG2 and Thurrock Core Strategy Policy CSTP14, (b) A hopper bus to link the zones in the Lakeside Regional Town Centre, (c) South Essex Rapid Transit (SERT) scheme. If SERT does not proceed in its current form, then Bus Priority measures will be implemented along the same corridor to deliver an improved public transport link to Gray’s Town Centre and to Basildon. (d) All new development within the Lakeside Basin will require travel planning to reduce the number of car trips. (e) An area wide travel planning approach will be adopted by Thurrock Council to reduce the overall traffic demand on the local network. The following considers the measures being advanced and the contribution they would make to affecting modal shift.

6.68 Public Transport - The Draft SSA DPD (Jan 2013) contains an assessment of the required infrastructure, including a breakdown by Zone (p168 relates to Zone A). In relation to ‘provision of public transport’, ‘local road network improvements’ and ‘local road improvements’ it identifies the following;  Provision of Intermodal Transport Hub (located in this zone).

 An enhanced Bus Priority System would connect to the Transport Hub.

 Link to the north of Alexandra Lake (to Zone B) to enable hopper bus to operate’

 Hopper bus

6.69 The permission for the retail expansion at Intu Lakeside included the provision of a new bus station, commitment to facilitate the provision of a dedicated bus priority link to the new bus station should it be required and funding towards the operation of a hopper bus service. Access for pedestrians between the existing Bus Station and the proposed Leisure site can be achieved using the

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

footway link around the periphery of Debenhams. It is not considered that the scale and nature proposed development justifies replicating these requirements.

6.70 Currently there is a footway from Tesco’s along the northern part of Alexandra Lake. This links onto the footway which runs to the boardwalk and further along the eastern part of Alexandra Lake. Permission has been granted for a northern link road for a bus together with a footway / cycleway from the roundabout located in the north-western part of Intu Lakeside to Tesco’s (ref: 12/50446/TTGFUL). As part of the permission for the retail expansion, Intu are obligated to provide this northern link. As part of this current application the applicant is also proposing to create this link. The works would improve the existing pedestrian link through to Tesco’s and the wider basin and would also create a dedicated cycle link. It would also facilitate the creation of a dedicated bus link between Intu and Tesco’s to be used by existing services as appropriate and by a dedicated hopper bus proposed to be established and funded as part of the retail permission.

6.71 The TA identifies that there are 13 bus services visiting the shopping centre and that 7 of the services operate a frequency of 20 minutes or better. However the level of service on a Sunday is significantly lower with only 8 services. Only 3 bus services run until after 23.00hrs on a week day, on a Saturday this increases to 4 bus services and on Sunday this reduces to 2 bus services. There is scope to improve late night bus services and Sunday services, particularly as the proposed enhanced leisure offer and associated increase in the night time economy is likely to increase demand for such services. The applicant is proposing to make a financial contribution of £150,000 towards the implementation of measures within the Travel Plan, such measures could include funding to subsidise and / or pump prime the running of additional late night bus services should the Travel Plan monitoring conclude that this is necessary and provide a cost effective way of delivering modal shift compared to other measures.

6.72 The proposed Heads of Terms include provision for pedestrian access to be provided through the shopping centre, to enable visitors to the Leisure site to access the Rail Station until the last schedule train departure.

6.73 The development includes a range of measures to promote of greater use of sustainable transport that accord with the relevant criteria of LDF-CS Policy T4 (Urban Transport) and T13 (Public Transport Accessibility).

6.74 Pedestrian and cyclist permeability

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.75 The current arrangement of buildings, road infrastructure and site levels on Intu Lakeside site can hinder convenient pedestrian movement across the site and to the wider Lakeside Basin. The results of the applicant’s linked trips survey indicate 37% of trips to the existing leisure area had visited another outlet in the Lakeside basin. With the proposed increased offer, it is considered imperative that there are good pedestrian and cycle links to promote this means of travelling and reduce linked trips by car.

6.76 The Draft SSA DPD (Jan 2013) contains an assessment of the required infrastructure, including a breakdown by Zone (p168 relates to Zone A). In relation to ‘provision of links infrastructure’ and ‘additional contributions’ it identifies the following;

 ‘The Bridges across Alexandra Lake to link to Zone B (at least one covered bridge);

 Green Bridge over West Thurrock Way to Zone C1/C2;

 improved pedestrian and cycling links within and through site’.

 Re-organised local road network outside of the zone;

6.77 Figures 9 and 32 contained within the draft SSADPD (Jan 2013, p160) detail Green Links, public realm and non-vehicular links as they relate to the preferred Strategic Spatial Framework Option. The application proposes to create and enhance a number of routes;

6.78 Route 4 - Adjacent to the Alexandra Lake and west of the Mall is an existing footway alongside a four lane internal access road separated from the carriageway by an Armco barrier. The proposed severance and narrowing of the western perimeter road allows for the widening of approximately 250m of footway along the Lake edge together with measures to improve the public realm in this location.

6.79 Thurrock Council Highways recommend that the current development; (i) makes a proportionate contribution to works within the Lakeside Transport Strategy and, (ii) consideration should be given to securing the ability for the Council to deliver the erection of a footbridge over Lake Alexandra, potentially using funding derived from future S.106 payments, CIL or LEP funding.

6.80 In terms of (i) above, the applicant has advised that the current offer, both in terms of those elements comprising the s106 and ‘embedded infrastructure’, is the maximum level of investment that can be supported by the leisure development and is therefore deliverable. Whilst this has not been indipendantly tested, it is recongnised that the revenue generated from lesure development is markedly different from that of retail. The infrastructure sought

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

by this proposal has been identified within the draft SSADPD. Whilst it would be advantageous to have additional resource to fund off-site highway works, it is considered that this could significantly lengthen the period for determining the application and deter the applicant investing.

6.81 In terms of (ii) above, the applicant committed to the provision of a footbridge over Alexandra Lake as part of the retail development. Notwithstanding the practicalities of a third party building and maintaining a bridge, in the event that funding should become available, there is scope for the parties to co-operate to deliver infrastructure.

6.82 In light of the above, the proposal would make a significant contribution to improving pedestrian and cyclist permeability throughout LSC and connections with Zone 2, all of which are identified as Green Grid, public realm and non- vehicular links in the draft SSADPD and would be in accordance with LDF-CS Policy CSTP14 (Part1 (i) and Part 2(ii).

6.83 Travel Planning

6.84 LDF Policy CSTP14 (Part 2 (i)) (Transport in the Thurrock Urban Area) seek to secure more sustainable movement patterns through complementary travel demand management measures (TDM) including an area-wide travel plan. An area wide travel plan is likely to cover sites within the basin that can be linked in order to increase the effectiveness of individual travel plans secured as part of new developments. Area wide travel plans are wider in scope and fulfil a higher level role than site specific travel plans. An area wide travel plan can be seen as a framework document containing overarching targets / objectives and assisting in the coordination of individual travel plans and actions towards achieving the stated targets / objectives. In light of this an area wide travel plan seeks to achieve strategic aims and does not replace the need for site specific travel plans.

6.85 Given the stage at which the LDD has reached at present there is no Lakeside wide travel plan. The draft SSADPD does not outline how this would be achieved or identify finalised strategies and targets for the Lakeside area. It is envisaged that such detail would form part of the final SSADPD and or SPD and as such has yet to be formulated. LDF Policy CSTP14 does not preclude development coming forward ahead of the LDD and complementary Lakeside wide travel plan. LDF Policy PMD10 (Transport Assessment and Travel Plans) seeks to secure a Travel Plan for development of this scale.

6.86 The permission for the retail expansion at Intu Lakeside included a commitment to implement a Travel Plan. The aim of the Travel Plan (Royal Haskoning, 23rd May 2012) submitted with the Retail development is to; ‘seek

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

an overall reduction in the number of people travelling to LSC using their private car in favour of sustainable transport modes. In doing so it seeks to raise awareness of sustainable travel modes and their uptake’ (TA, p13). The draft Travel Plan for the permitted retail development identified interim mode share targets, the final targets to be identified after Baseline modal share targets have been identified (p17). The interim targets detail that the infrastructure improvements and managerial measures are anticipated to bring about a 2.9% modal shift from car travel and a 1.1% reduction in Single Occupancy Vehicle Trips for LSC five years after the extensions opening. In the event that the Travel Plan monitoring identifies that LSC is failing to meet its set targets then the LSC Travel Plan requires remedial measures. The targets would be reviewed periodically. The applicant seeks to establish a Travel Plan Monitoring Group (TPMG) to monitor the implementation of the LSC Travel Plan and review its implementation and effectiveness. The TPMG is intended to include the applicant, Thurrock Council, Highways Agency, bus operators and retailers. The applicant also envisages establishing a ‘Travel Plan Steering Group’ comprising stakeholders within the basin in order to discuss basin wide issues.

6.87 In relation to the current proposals, the applicant is offering to agree and implement a Travel Plan that would; (a) cover all customers and visitors to LSC in addition to employees. (b) contains the same modal shift targets as that advanced for the retail development, (c) contains measures to manage and monitor the Travel Plan, (d) set out a range of measures to be implemented by the Travel Plan.

6.88 In terms of (d), the applicant is proposing to make a financial contribution of £150,000 towards the implementation of measures within the Travel Plan. Such monies would need to; (i) be for additional measures, i.e. measures out with what the applicant has committed to and or undertake as part of the retail or leisure proposal, (ii) in addition to the £325,000 ‘Public Transport Contribution’ payable as part of the Retail permission.

6.89 As detailed in the consultation section of this report Thurrock Council’s Travel Plan Co-ordinator and Thurrock Council Highways raise no objections subject to the Travel Plan. Whilst the final option for the Lakeside Basin and specific targets for mode shift have yet to be determined, it is considered that the Travel Plan and associated measures have a clear relationship with the delivery of the emerging measures to promote public transport and reduce car trips. Securing a travel plan for the development accords with LDF Policy PMD10 (Transport Assessments and Travel Plans) and point (e) of The Lakeside Basin Preliminary Infrastructure Assessment (2012).

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.90 Car Parking, charging and management

6.91 The TA indicates there are currently 12,500 car parking spaces are available. The TA goes on to state that the 1,965 space multi-storey car park in the northwest corner (Car Park 12) are only open at Christmas; therefore the total number of car parking spaces utilized for most of the year is approximately 10,600 spaces. Car parking occupancy survey results identified the maximum parking accumulation on a Friday of 45% and a Saturday of 70%. Thurrock Council Highways conclude that the loss of 434 spaces (car parks 9 and 11) as a result of the development is unlikely to have any significant impact on visitor's ability to find a parking space.

6.92 Part 2 of LDF CS Policy CSTP14 (Transport in the Thurrock Urban Area) states that ‘Regeneration and remodelling of the wider Lakeside Basin and West Thurrock areas will be taken forward with the following guiding principles…(iv) iv. Introduction of a car parking charging and management regime’.

6.93 The draft LDF-SSADPD (Jan 2013) states; ‘The Lakeside Single Issue Review Panel Report made clear, as does the wording of [now former RSS] policy ETG2, that the intention of a car parking charging and management regime is to encourage visitors to Lakeside to utilise more sustainable modes of transport than the private car. First, the regime would encourage visitors to arrive by alternative means, utilising the existing Chafford Railway Station or an enhanced bus priority system. Second, the regime would encourage those who did arrive by car, to leave their vehicle in one car park location and access other areas in the new town centre using alternative means such as the proposed Hopper Bus or the improved pedestrian/cyclist links, including the proposed bridges across Alexandra Lake and West Thurrock Way’ (p202).

6.94 Thurrock Council’s ‘Thurrock Lakeside Basin Preliminary Infrastructure Assessment – Baseline’ Report (2012) states; ‘A car parking strategy is needed to change the attitude to car parking charges at Lakeside. It is essential pre-requisite for consideration as a town centre. The strategy would address a park and ride scheme for staff, shared car parking hubs and a phased approach to car parking charges’ (p21).

6.95 In light of the above, the purpose of car park management and charging is to restrict traffic growth on the strategic and local road networks and to encourage changes in travel behaviour towards more sustainable forms of transport. It is not to create a ‘level playing field’ between Lakeside and other retail locations.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.96 The draft LDF-SSADPD (Jan 2013) advises; ‘The Car Parking Charging and Management Regime for Lakeside will be developed in more detail through the Lakeside Implementation & Delivery Supplementary Planning Document (SPD). This SPD will be supported by an evidence base informing the spatial distribution and locations of shared car-parking hubs. The SPD will respond to any difficulties arising on private estate matters owing to the car parking strategy’ (para 9.11.24, p203). The draft SSADPD contains no detail of what is envisaged, deferring such matters to the Lakeside Implementation & Delivery SPD which has yet to be produced.

6.97 The applicant is not offering to introduce parking charges as part of the proposed development. The TA cites the applicants concerns over the introduction of parking charging, the reduction in parking supply brought about by the proposal, the mode shift proposed and the retail permission (p28).

6.98 In relation to the retail permission, the Committee report concluded that the development without the inclusion of parking charging would making a proportionate contribution towards achieving the level of modal shift envisaged by the RSS Single Issue Review, concluding; ‘On balance the risk of losing the package of transport incentive measures to the wider basin, outweigh the benefits of the potential parking charging scheme. Nevertheless it is recommended that there is phased approach to a future parking charging/management regime. The basic requirement at this time would be for the applicant to agree to a future parking management regime, which could, at some point, provide data for a joined up Variable Message Systems advising drivers of parking availability in respective areas and for congestion management…’.

6.99 In terms of the current proposal, in addition to a reduction in car parking, the applicant is proposing a range of measures that will encourage walking, cycling and travel by public transport. In addition, the applicant is offering to deliver a more enhanced VMS system, which will offer positive benefits in terms of congestion management. The Draft SSADPD (Jan 2013) contains an assessment of the required infrastructure, including a breakdown by Zone (p168 relates to Zone A). In relation to ‘additional contributions’ it identifies; ‘Variable Message Signing’. The severance of the western link road and the introduction of VMS could also aid in the creation of ‘parking hubs’. The draft SSADPD (Jan 2013, p202) identifies an opportunity to develop a strategy for parking at Lakeside Basin which includes consolidating car parking facilities at particular locations into shared ‘hubs’. These would be seen as car parks serving the overall Regional Town Centre rather than as individual car parks serving individual developments. The draft SSADPD envisages that people travelling by car would be encouraged to use the car park that is most

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

conveniently located to their entry point to the Lakeside Basin and then to make onward trips using the hopper bus or on-foot. Such an approach may include the use a basin wide Variable Message Signage (VMS) system to advising travellers of route congestion and car park capacity at the various parking hubs.

6.100 Notwithstanding these benefits, the applicant’s continued refusal to introduce parking charging reduces the potential to affect a greater degree of modal shift. Not securing parking charging as part of this development would make it difficult to secure it comprehensively, reducing the scope for parking charging to be used as a measure to affect modal shift. Notwithstanding this, in light of the above analysis, it is considered that the development without the inclusion of parking charging is making a proportionate contribution towards achieving the level of modal shift envisaged by consultants advising EERA as part of the single issue review.

Draft LDF-SSA Objective [Sustainability] 8 Lakeside will be developed as a sustainable regional town centre with new building design and technologies, including the use of renewable materials, informing its spatial planning and urban design. Residential and commercial development will be collocated to enable the transfer and recycling of heat and energy. New technology in energy, waste, building and transport will also be promoted, including a new energy centre providing local district heating and cooling, recycling points for waste management and solar panels on buildings. Greenspaces will be maximised to enhance biodiversity, reduce flood risk and providing space for outdoor activities and urban living. Water consumption will be minimised by careful design both within the public realm and built environments.

6.101 NPPF set out that the purpose of the planning system is to contribute to the achievement of sustainable development. Part 10 relates to ‘Meeting the challenge of climate change’.

6.102 LDF-CS Policy PMD12 (Sustainable Buildings) states; ‘Proposals for non-residential development must achieve, as a minimum, the following BREEAM standards (or equivalent), where appropriate:  BREEAM Very Good up to 2016;

 BREEAM Excellent from 2016;

 BREEAM Outstanding from 2019 (in addition to national standards for zero carbon).

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

These requirements may be relaxed where the developer is able to prove that these requirements will be economically unviable, rendering development of the site undeliverable’.

6.103 LDF-CS Policy PMD13 (Decentralised, renewable and Low-carbon energy generation) is also relevant. Part 1 states that‘ new development of 1,000 sq metres or more of non-residential floorspace, must secure, as a minimum, the following proportions of their predicted energy from decentralised and renewable or low-carbon sources, unless it can be demonstrated to the Council’s satisfaction, by way of a full viability assessment, that this is not feasible or viable:  10% from 2010;

 15% from 2015; and

 20% from 2020.

6.104 LDF-CS Policy PMD14 (carbon neutral development) states that ‘The Council will require developers to demonstrate that all viable energy efficiency measures and renewable or low-carbon technology opportunities have been utilised to minimise emissions, in accordance with PMD12 and PMD 13. Thereafter: i. Any development (whether new build, conversion or renovation) that would lead to a net increase in carbon dioxide emissions, over and above existing emissions for the development site, will be required to make contributions to the Thurrock Carbon Offset Fund. The net greenhouse gas emissions from the new development will be measured as tonnes per year. Financial contributions to the Thurrock Carbon Offset Fund will be based on the methodology set out in the forthcoming Developer Contributions SPD and the Design and Sustainability SPD’.

6.105 LDF-CS Policy CSTP25 (Addressing Climate Change) requires new development to adhere to local, regional and national targets for reducing carbon emissions. Part (ii) sets targets for CO2 emissions as an average across all sectors. CSTP26 (Renewable or low-carbon energy generation) encourages opportunities to generate energy from non-fossil fuel and low- carbon sources.

6.106 The application is accompanied by an Energy Strategy (September 2013). This details a number of measures to be employed to reduce energy usage. It details a number of low carbon technologies that are considered viable which includes CHP (for the hotel), heat pumps and connection to a district heating system should this be available. It also assesses the potential use of

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

renewable technologies and concludes that roof mounted Photovoltaics could be utilised.

6.107 LDF-CS Policy CSTP26 (Renewable or low-carbon energy generation) Part (iii) states ‘The Council will promote the delivery of district energy networks in priority locations, in order to increase the proportion of energy delivered from renewable and low-carbon sources in the Borough. Priority locations will be included in the Adopted Sites Specific Allocations and Policies DPD and identified on the Proposals Map’. The draft SSADPD identifies Lakeside as a ‘Priority Locations for District Energy Networks (Ref Policy SAP27)’(p300). Page 26 of the draft SSADPD contains key messages from the appraisal of policies including; ‘The appraisal finds the preferred approach to the ‘Priority Locations for District Heating Energy’ spatial policy (Site Allocation Policy SAP27) to perform well in terms of climate change mitigation objectives; however, it is recommended that the alternative approach that is presented may perform better in terms of this objectives, whilst at the same time not being overly stringent (give financial viability considerations)’.

6.108 Given the stage of production of the SADPD, it is not clear what measures will be sought within the final document and the extent to which they would be 2 feasible, viable and add to the CO savings identified in the current proposal. The applicant has given a commitment to providing the opportunity to connect to a future district heating system.

6.109 In terms of specific policy targets, the scheme targets BREEAM very good, in response to the requirement in PMD12 (Sustainable Buildings). In response to the requirements of policies PMD13 and CSTP26 (Renewable or low-carbon energy generation), over 10% of the energy is from low carbon sources (page 6 of the Energy Statement).

6.110 In terms of PMD14, the Energy Strategy details how the development will incorporate a range of viable Energy Hierarchy measures, in order to reduce the regulated C02 emissions by 11.5% over Building Regulations Part L. In terms of criteria (i), presently there is no Thurrock Carbon Offset Fund and as such no contribution has been sought in that regard.

6.111 Conclusions for part ‘(I) Development Plan context, retail / leisure impacts and conformity with Policies for the Lakeside Basin’

6.112`This section of the report has considered the proposal against the options for how the 8 objective for the Lakeside Basin expressed in the draft SSADPD (Jan 2013, para 9.4.21, p137) are currently proposed to be met and relevant development plan policies. In conclusion;

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Draft LDF-SSA DPD - Objectives 1, 2 and 3 [Quantum and nature of uses]  The provision of additional retail and commercial leisure floorspace within the Lakeside Basin is in accordance with the LDF Core Strategy. The development is within the area identified as part of the Primary Shopping Area in the draft LDF-SSADPD (Jan 2013). The proposed development is comfortably within the indicative scale of development for this zone detailed within the Draft SSADPD (Jan 2013). The proposed development is in the location and follows the form envisaged in the draft LDF-SSADPD (Jan 2013). The proposal would assist in meeting objectives 1 to 3 detailed above and as expressed in the draft SSADPD (Jan 2013, Paragraph 9.4.21, p137).

Draft LDF-SSA Objective 4 [Design, density and town centre]  The scale and form of the proposed extensions are considered acceptable. Furthermore, the proposal would not give rise to adverse landscape, townscape or visual effects and as such accord with LDF-CS Policy CSTP23 (Thurrock Character and Distinctiveness).  With regards design, it is considered that the illustrative approach is sufficiently robust and reserved matters would need to build upon the details illustrated. It is considered that subject to conditions, the development is capable of delivering a high quality design for the extensions in accordance with NPPF and the relevant criteria of LDF-CS Policies CSTP22 (Thurrock Design) and PMD2 (Design and Layout).  The proposal shows strong conformity to the 13 ‘Development and Design Principles’ set out at paragraph 9.5.1 of the draft LDF-SSADPD (p138).  It is considered that the density and indicative design of new development will be appropriate for a new town centre in order to create buildings and spaces of an appropriate form, scale and density to support the transformation of Lakeside into a safe, attractive and vibrant town centre and as such accords with the Draft LDF-SSA Objective 4.

Draft LDF-SSA Objective 5 [Housing]  The proposal does not prejudice the delivery of housing within the zone should this form part of the Masterplan and / or further iteration of the SSADPD

Draft LDF-SSA Objectives 6 and 7 [Transport]  Strategic road access - The Highways Agency is not objecting to the proposal subject to conditions. Given the scale, cost and timescale of the long term improvements needed to J30, it is considered that the proposed measures to bring about mode shift is an appropriate response in this

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

instance that would facilitate development in accordance with the approach advanced in LDF Policy CSTP16 (Part 2).  Site layout and local road network – Overall, it is considered that the localised impacts would, for the most part, be mitigated. The proposal would enhance accessability by means other than the private car and any residual cumulative impacts would not be severe and warrant the refusal of planning permission.  Public transport – The development includes a range of measures to promote of greater use of sustainable transport that accord with the relevant criteria of LDF-CS Policy T4 (Urban Transport) and T13 (Public Transport Accessibility).  Pedestrian and cyclist permeability - The proposal would make a significant contribution to improving pedestrian and cyclist permeability throughout LSC and connections with Zone 2, all of which are identified as Green Grid, public realm and non-vehicular links in the draft SSADPD and would be in accordance with LDF-CS Policy CSTP14 (Part1 (i) and Part 2(ii).  Travel Planning - The Travel Plan and associated measures have a clear relationship with the delivery of the emerging measures to promote public transport and reduce car trips. Securing a travel plan for the development accords with LDF Policy PMD10 (Transport Assessments and Travel Plans) and point (e) of The Lakeside Basin Preliminary Infrastructure Assessment (2012).  Car parking, charging and Management - the loss of car parking as a result of the development is unlikely to have any significant impact on visitor's ability to find a parking space. The applicant is offering to deliver a more enhanced VMS system, which will offer positive benefits in terms of congestion management and could also aid in the creation of ‘parking hubs’. The applicant’s continued refusal to introduce parking charging reduces the potential to affect a greater degree of modal shift and would make it difficult to secure it comprehensively. Notwithstanding this, it is considered that the development without the inclusion of parking charging is making a proportionate contribution towards achieving the level of modal shift envisaged by consultants advising EERA as part of the single issue review. Draft LDF-SSA Objective 8 [Sustainability]  The scheme should achieve BREEAM very good, in response to the requirement in LDF-CS Policy PMD12 (Sustainable Buildings). In response to the requirements of policies PMD13 and CSTP26 (Renewable or low- carbon energy generation), over 10% of the energy is from low carbon sources.  In terms of LDF-CS Policy PMD14, the Energy Strategy details how the development will incorporate a range of viable Energy Hierarchy measures.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

II. FLOOD RISK, DRAINAGE AND WATER RESOURCES

6.113 With regard to flood risk, NPPF Part 10 and LDF-CS Policies CSTP25 (Addressing climate change), CSTP27 (Management and Reduction of Floor Risk), CSTP28 (River Thames), PMD2 (Design and layout) and PMD15 (Flood Risk Assessment) are relevant. With regards utilities, LDF-CS Policy CSTP13 is relevant.

6.114 The application is accompanied by a Flood Risk Assessment (September 2013). The application site is situated within EA mapped Flood Zone 3A area, being defined as ‘a zone comprises land assessed as having a 1 in 100 or greater annual probability of river flooding’. The whole of the LSC is afforded protection against the 1 in 1000 year fluvial / tidal flood event by the existing Thames flood defences whose condition is considered by the EA to be ‘fair’ to ‘good’. Therefore the residual risk of fluvial / tidal flooding is assessed as ‘low’ (para 4.4.3).

6.115 NPPF para 100 states; ‘Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere’ i.e. a Sequential Test. The LDF-CS Policy CSTP7 (Network of centres) supports the transformation of the northern part of the Lakeside basin into a new regional centre. Whilst the policy envisages achieving this through a detailed chapter and inset plan within the Site Specific Allocations and Policies DPD and the Lakeside Implementation and Delivery SPD, the vast majority of the northern part of the Lakeside basin falls within flood zone 3a. In light of the above, it is considered that the Sequential Test has been applied at a strategic level for this development and as such need not be re-applied.

6.116 With regard the sequential approach, within each Flood Zone new development should be directed to sites at the lowest probability of flooding from all sources as indicated by the SFRA. Given the extent and condition of the defences, the Thurrock SFRA (Level 2, 2010) makes no distinction for the flood zone within the northern lakeside basin. Having regard to NPPF, and Table D3 ‘Flood Risk Vulnerability and Flood Zone Compatibility, the development is ‘less vulnerable’ and as such is appropriate within Flood Zone 3a. In light of this, the Exceptions Test is not required.

6.117 The site is located on a Principal (Major) Aquifer with high leaching potential and the site has a moderately high susceptibility to groundwater emergence (FRA, para 4.5). As a consequence of cessation of dewatering in chalk quarries, groundwater levels in the area have risen. Alexandra Lake is fed by emergent groundwater with water levels maintained by gravity outfall in

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

conjunction with a pumping station. The FRA assesses that ‘the residual risk from groundwater emergence is of ‘minor adverse significance’ (Para 9).

6.118 The development gives rise to a slight encroachment into the lake which corresponds to a 0.9% loss of lake area with an increase in the lake level of 18mm. The EA consider that this will not unacceptably increase flood risk both on and off site. Anglian Water have not commented upon the effect upon their surface pump regime.

6.119 The Environment Agency raises no objection with regard to fluvial / tidal flood risk and the applicant’s assessment. In light of the above, it is considered that the proposal complies with the sequential test as and as such complies with the relevant parts of NPPF and LDF-CS Policies PMD15 (Flood Risk Assessment), CSTP25 (Addressing climate change) and CSTP27 (Management and Reduction of Floor Risk).

6.120 With regards to Surface Water drainage, Alexandra Lake already serves as the primary SuDS for LSC, receiving runoff via a complex drainage network. The lake is also groundwater fed. Levels in the lake are maintained using a gravity outfall in conjunction with a pumping station. It is intended that surface water runoff from the proposed development will be discharged, under control, to Alexandra Lake. The FRA details how the former uses of the site have left a legacy of contaminated and potentially contaminated soils in areas across the site and that the use of infiltration SuDS devices is not deemed appropriate in order to safeguard the underlying Principal Aquifer. The application proposed sub-surface attenuation storage sufficient to off-set any potential increase in hard surface and climate change. The FRA assesses that ‘the volume and rate of surface runoff generated is deemed to be of minor beneficial significance’ (Para 9). The Environment Agency confirm that the measures will have enough capacity to attenuate and manage flows up to and including the 1 in 100 year rainfall event inclusive of climate change (860 cubic metres) and raise no objection subject to conditions. Thurrock Council Flood Risk Manager raises no objections subject to condition. It is considered that this approach accords with LDF-CS Policies CSTP25 (Addressing climate change) and PMD15 (Flood Risk Assessment)

6.121 With regards to Foul drainage the application is accompanied by a Utilities Report. This details how the development would seek to discharge to Anglian Waters foul sewer routed beneath West Thurrock Way. Anglian Water’s consultation response confirms that the sewerage system at present has available capacity for these flows as does the waste water treatment plant at Tilbury.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.122 With regards water resources, Essex & Suffolk Water raised no objections. In light of the above, it is considered that the proposal conforms with the relevant criteria of LDF Policy CSTP13.

III. GROUND CONDITIONS, CONTAMINATION AND REMEDIATION

6.123 LDF-CS Policy PMD1 (Minimising pollution and impacts on amenity) is relevant. The site is located on Chalk Bedrock designated as Principal Aquifer. It is part situated within a Groundwater Source Protection Zone 2 (SPZ 2) and part within a SPZ 3. There is also surface water in close proximity.

6.124 The application is accompanied by an ‘Environmental Ground Condition Assessment’ (September 2013). The Assessment identifies that after quarrying activities ceased the quarry was used as a landfill and substantial volumes of mixed and commercial waste were deposited across the site notably used as a batter against the quarry cliff faces to the immediate north and east of the site. It goes onto state that with some exceptions, during the construction of the shopping centre much of the landfilled material was removed and ground levels were raised using ‘clean’ imported material. The Assessment reviews previous site investigations including the results of ongoing monitoring of water quality in Alexandra Lake and ground gas concentrations in a series of boreholes around Intu Lakeside. In summary, the Assessment recommends;

 A detailed investigation of ground conditions and groundwater should be undertaken prior to development commencing. Assessment must consider foundation design and the risk that pilling activities may drive contamination, where present, downward into the chalk aquifer.  Detailed gas monitoring should be undertaken for a minimum of six months in accordance with CIRIA guidance. The foundation design would need to ensure appropriate mitigation of users and service against ground gas risk entry and accumulation within building voids.  Overall the site is considered to present a low to medium risk for the proposed development assuming appropriate design mitigation is completed.

6.125 With regards contaminated land, Thurrock Council EHO’s consultation response advises that they are in agreement with the conclusions and recommendations of the Environmental Ground Conditions Assessment and recommends securing the mitigation measures outlined. The Environment Agency raises no objection subject to a number of conditions. In light of the above, it is considered that the proposal accords with the relevant criteria of LDF-CS Policy PMD1.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.126 Demolition and construction phase will need to employ a series of measures to mitigate the potential impacts of the development including a Site Waste Management Plan (SWMP). A SWMP would include measures to reduce, reuse, recycle and appropriate disposal of waste and securing via condition would accord with LDF Policy CSTP29. The development should employ a Construction Environmental Management Plan (CEMP) that would be need to be drafted having regards to the findings of further intrusive site investigation and geotechnical work.

IV. NOISE AND AIR QUALITY

6.127 LDF-CS Policy PMD1 (Minimising pollution and impacts on amenity) is relevant and starts that developments will not be permitted where they would cause unacceptable effects on the amenities of the area, the amenity of neighbouring occupants or the amenity of future occupiers of the site. LDF-CS Policy PMD9 (Road Network Hierarchy) indicates that developments will only be permitted where measures have been taken to mitigate all adverse air quality impacts in or adjacent to AQMAs and where the development will minimise the impacts on the quality of life of local residents, such as noise, air pollution, and the general street environment.

6.128 The application is accompanied by an ‘Air Quality Assessment’ (September 2013). The applicants modelling shows predicted concentrations at sensitive receptors (that are most likely to be affected by the development) are within the air quality limits for both NO2 and PM10 for the scenario “2018 with the development”. These locations include four locations within the Lakeside Basin and three within Chafford Hundred. The overall effect on air quality as a result of the development is considered to be “negligible” at worst. The applicants air quality modelling of operational traffic-derived pollutants demonstrated that the proposed development will not: (i) Result in the introduction of new sensitive receptors into an Air Quality Management Area (AQMA); or (ii) Lead to a breach of an EU Limit Value at a sensitive receptor; or (iii) Require a new AQMA to be declared; or (iv) Interfere significantly with or prevent the implementation of actions within the Thurrock Council (TC) Air Quality Action Plan. With regards the construction phase, the Assessment advises that a CEMP will be produced to minimise the impact of dust and particulates.

6.129 LDF Policy PMD9 states that ‘The development will minimise adverse impacts on the quality of life of local residents, such as noise, air pollution, and the general street environment’. Thurrock Council EHO confirms that there will not

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

be a significant impact on surrounding Air Quality from the proposed development with the overall impact considered negligible. Having regard to the above and the findings of the Assessment it is considered that subject to conditions, the demolition and construction phase should not unduly impact upon air quality. Furthermore, the emissions from the operational aspects of the development will result in negligible impacts on local air quality and as such comply with LDF Policy PMD9

6.130 With regards to noise the application is accompanied by an Acoustic Report (September 2013). The proposed development will include external building services plant which has the potential to affect noise sensitive properties located near to the site. In addition, the site will have the potential to affect traffic movements on the surrounding roads which may affect noise levels in the wider vicinity. The applicant’s consultant has undertaken an environmental noise surveys around the proposed development site, in order to determine prevailing noise levels affecting the site and its surroundings. The report assesses external plant noise and the effect of changes in traffic noise.

6.131 External plant noise emission limits at the nearest noise sensitive properties have been proposed together with measures to ensure they can be achieved. Preliminary demolition and construction noise and vibration mitigation measures have been described, to reduce the temporary impact. The overall findings of the report are that any potential construction and operational noise impacts associated with the proposed development can be mitigated through the use of planning conditions.

6.132 An assessment of the predicted changes in traffic flows on the surrounding road network has been undertaken. The results demonstrate the increase in noise levels on the surrounding road network due to the introduction of the development represents no more than a neutral/negligible noise impact.

6.133 Thurrock Council’s EHO is in agreement with the conclusions and recommends securing the mitigation proposed. In light of the above and subject to conditions, it is not considered that the proposal would have an unacceptable impact on the noise environment and sensitive receptors and as such complies with the relevant criteria of LDF-CS Policies PMD1 and PMD9.

V. EFFECTS UPON ECOLOGY AND NATURE CONSERVATION

6.134 Part 11 of the NPPF relates to ‘Conserving and enhancing the natural environment’. LDF-CS Policies CSTP19 (Biodiversity) and PMD7 (Biodiversity and development) are relevant. The contribution of the proposal to the creation of green Infrastructure and linkages are considered elsewhere in this report.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.135 The application is accompanied by an Ecological Assessment (September 2013). The Assessment draws the following conclusions;  The habitats on the site are considered to be of relatively low ecological value. Other than bat species, the species noted on site are not notable or rare.  The site contains bird nesting habitat suitable for a wide range of common bird species in trees and shrubs within areas of landscaping that will be removed to accommodate the development.  It is considered that the poor value of habitat is unlikely to be a constraint to development.  Bats species were recorded foraging along vegetation boundaries and over the lake surface. Potential roost sites were not recorded and trees within the site appear unsuitable.  Existing modern buildings and structures within the site may contain suitable niches for roosting bats although none were observed during site surveys.  Existing lighting from the Intu Lakeside and open car park areas had an observable negative effect on bat activity.  Although 17 statutory and non statutory designated sites have been highlighted within 2 km of the site, it is considered that their respective distances and isolation from the site by barriers such as infrastructure and urban development would rule out any detrimental effects on the habitats and associated fauna present on site.

6.136 With regards statutory nature conservation sites, whilst the application is in close proximity to Purleet Chalk Pits Site of Special Scientific Interest and Lion Pit Site of Special Scientific Interest (SSSI) the development will not impact upon these sites and Natural England raises no objection in this regard.

6.137 With regards protected species, the applicant has undertaken a survey for Protected Species. Natural England considers that the proposed development is unlikely to affect bats and does not object to the proposed development.

6.138 Having regards to the Assessment and the comments of the Landscape and Ecology Advisor, it is considered that the site has limited ecological value and no habitats of significant ecological value will be directly affected by the proposals.

6.139 A detailed Tree Assessment has been supplied with the application. This concluded that while there is a large number of trees that would be affected by the redevelopment of the area, many of these are not in good condition and have suffered from the lack of appropriate management in the past. The

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

assessment also categorises a large number of the trees as Category B. This would make their removal a material consideration in planning; however these trees have been given that category based solely on their location in the current car park and other very visible locations. Many of the trees are not good quality specimens therefore it is agreed that, while normally Category B trees should be retained, the individual trees are not of sufficient merit to warrant their retention. The landscape proposals do not currently address the area between the lake and multi-storey car park to the north of the proposed redeveloped area. The trees and shrubs here have not been maintained adequately and so the area requires management and enhancement works to ensure that it makes a positive contribution to the enhancement of this area. This should be addressed as part of a detailed landscape scheme for the redevelopment.

6.140 A detailed Tree Assessment has been supplied with the application. A number of trees will be removed during the construction of the proposed development. These include trees present within the existing car parking areas, an area of marginal vegetation, semi-mature trees and scrub to the west of the car park areas and a narrow corridor of vegetation and trees between the north eastern margin of the lake and the Multi Storey Car Park (MSCP) to permit the construction of a service road. The car park trees are considered to be of low ecological value given their location, age and setting.

6.141 The Tree Assessment categorises a large number of the trees as Category B. The Landscape and Ecology Advisor state that these trees have been given that category based solely on their location in the current car park and other very visible locations. In addition, many of the trees are not good quality specimens therefore, while normally Category B trees should be retained, the individual trees are not of sufficient merit to warrant their retention.

6.142 There will also be some loss of existing soft landscaping to the west of the car parking areas to facilitate the construction of the lakeside promenade and stepped access to the lake. The features to be removed are considered to have very limited ecological value. The vegetation and trees that will be lost to permit the construction of the service road adjacent to the lake comprise amenity grassland verges with beds of ornamental shrubs and mixed native and non-native tree species. The impacts of removing this vegetation and trees are considered to have a minor adverse effect.

6.143 The detailed planting scheme, to include native tree, shrub and wildflower species, together with formal planting areas is to be agreed at the detailed design stage. Although there will be a net loss of trees as result of the development (with 186 lost and 103 planted), over 70 of the trees being

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

removed are of small stature or poor health and will be replaced by trees planted at semi-mature size.

6.144 The bat activity survey indicated that bankside trees are used as commuting routes for foraging bats. Although trees will be lost between the lake and the MSCP, a line of bankside trees will be retained which will serve to maintain this commuting route and screen the lake from Intu Lakeside light. Given the extensive undisturbed margins of the lake on the western banks, the impacts of removing the small area of lakeside vegetation and trees are considered to have a minor adverse effect.

6.145 The Assessment proposes a range of measures to reduce and or mitigate the impact of development including;  New landscaping  Phasing the construction of the boardwalk, stepped lake access and water jet into the construction programme will be phased, where possible, during the late autumn and winter months when fish will be quiescent and bird populations lower, and therefore less susceptible to disturbance.  Installation of a variety of bird, bat and invertebrate roosting and nesting boxes in trees around the site; the exact details, composition and location of boxes to be agreed at the detailed design stage.  Lighting being designed to minimise disturbance to bat activity and foraging behaviour.  Development of an ecological management plan for the habitats on site to ensure they are managed to promote and maintain their biodiversity value.

6.146 The Landscape and Ecology advisor considers that the reduction in the width of the road beside the lake provides an opportunity to improve the pedestrian access and the amenity of the lakeside setting. Much of the existing bankside vegetation provides little amenity or ecological value. Careful species choice and design of the banks should achieve benefits for both. The planting between the road and the footway should be dense to help enhance the experience for those visiting the lake by making a clear divide between pedestrians and cars. In addition to the measures set out above, the Landscape and Ecology advisor recommends;  Securing Biohaven floating islands within Alexandra Lake to help improve the water quality and to provide safe roosting for water birds to mitigate the greater public access to the water’s edge proposed as part of this scheme.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

6.147 Having regard to the above, it is considered that subject to suitable controls the construction would seek to prevent harm and have a negligible effect on ecology. The site is for the most part already developed. The site has limited ecological value and no habitats of significant ecological value will be directly affected by the proposals. Whilst there is a large number of trees that would be affected by the redevelopment of the area, many of these are not in good condition and have suffered from the lack of appropriate management in the past. The proposal would introduce areas of habitat which would make a positive, albeit limited, contribution to local wildlife habitat. With regards ecology and nature conservation it is considered that the proposal conforms with Part 11 of the NPPF, the overall objective of LDF-CS Policy CSTP19 (Biodiversity) to ‘contribute positively to the overall biodiversity of the Borough’ (p133) and Policy PMD7 (Biodiversity and development).

VI. PHASING AND IMPACT OF CONSTRUCTION

6.148 LDF-CS Policy PMD1 (Minimising pollution and impacts on amenity) are relevant. The application is accompanied by an ‘Air Quality Assessment’ (September 2013). With regards the construction phase, the Assessment advises that a CEMP will be produced to minimise the impact of dust and particulates. The Acoustic Report identifies a range of measures to reduce the temporary impact of the works to be of negligible to minor adverse significance. Thurrock Council’s EHO raises no objections subject to conditions. The Ecological Assessment also recommends the use of a CEMP to include appropriate mitigation measures such as siltration drains, wheel washing, sheeting of stockpiles of materials, storage of fuel and other chemicals in suitable bunded containers, the provision of spill kits at vehicle refuelling points and the provision of a dedicated concrete wash-out point. The Ecology advisor raises no objection subject to conditions. In light of the above, subject to conditions securing the mitigation measures contained within the various reports, it is considered that the proposal complies with LDF-CS Policy PMD1.

VII. SOCIO-ECONOMIC EFFECTS

6.149 The NPPF advises that here are three dimensions to sustainable development: economic, social and environmental (para 7). Para 8 advises that ‘to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system’.

6.150 The LDF-CS contains a number of relevant policies including;  CSSP2 – Sustainable employment growth;

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

 CSTP6 – Strategic employment provision;

 CSTP7 – Network of centres;

 CSTP8 – Vitality and viability of existing centres

6.151 The applicant advises; ‘The most significant impacts and benefits of the proposed development on the local economy are summarised in Figure 3.1 and will include: 1 An estimated 660 temporary construction jobs supported during the construction phase, equivalent to approximately 330 jobs per year across a range of skill levels; 2 Once completed, this proposal will provide an estimated 1,400 new jobs across the retail, hospitality and leisure sectors. These jobs will generate £30 million in Gross Value Added (GVA) each year for the local economy. (Gross Value Added (GVA) is a measure of economic output and productivity. It measures the contribution to the economy of each individual producer, industry or sector in the United Kingdom); 3 The scheme will have a significant positive impact on the local labour market and local recruitment measures will be put in place; 4 A further 1,060 “spin-off” jobs will be indirectly supported elsewhere in the region through wage and supplier spending; 5 Total capital investment of circa £100 million over approximately two years, reinforcing Intu Lakeside’s role as a regional retail and leisure destination’ (Planning Statement, para 3.11).

6.152 The proposal would generate employment and local opportunities. The jobs would require a range of skill levels, many of which would be suited to the skill levels of unemployed workers in the area. Part 10 of LDF-CS Policy CSTP6 (Strategic Employment Provision) relates to ‘Skills and Local Employment Opportunities’. It states ‘The Council will work with partners and developers to enhance the knowledge and skills and local employment opportunities for residents including the promotion of local labour and training agreements on major construction projects. The Council will utilise Section 106 obligations to further the objectives of this policy’. As set out in part 1 of this report, the applicant has agreed a Head of Term to secure local labour and education/training initiatives. The proposed development therefore responds directly and positively to policies CSSP2, CSTP6 and CSTP7, supporting economic growth and generating employment in a Key Regeneration Area. Weight should be attached to the economic benefits arising from this proposal.

6.153 Whilst there are clear benefits in terms of investment and job creation, this report will need to weigh these positive factors against the any harm arising,

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

including any harm from not adhering to the plan led approach to the regeneration of the northern part of the Lakeside Basin.

6.154 The applicant’s Planning Statement details the Councillor and Community Consultation exercises undertaken prior to the submission of the planning application. In terms of the public consultation event held in June 2012, 646 people completed the applicant’s survey. The applicant advises;

‘In total, 78% of respondents indicated that the Lakeside Basin would benefit from more leisure. Only 6% advised that they did not feel that further leisure uses were required. Around 82% confirmed that the introduction of additional leisure uses within the Basin would make then spend more time at intu Lakeside. This supports the applicant’s view that leisure facilities will increase customer dwell time within the centre, especially in terms of supporting the evening economy. Customers were asked what type of leisure facilities they would like to see at intu Lakeside. Bowling was the most popular with 377 responses, followed by bars and restaurants (307 responses), health facilities i.e. gyms (199 responses), comedy clubs (178 responses) and a casino (104 responses).

Whilst the application is being submitted in outline, with all matters reserved, a range of leisure uses is being sought with Class A3-A5, C1 and D2 uses proposed. The exact form of the development to meet operator requirements will be dealt with at reserved matters sage but all the suggested leisure facilities are being embraced by intu as a direct result of this feedback.

Respondents were also asked about how they would like to see the proposed public square being used. The most popular responses included seasonal events i.e. ice-skating rinks and Christmas markets (386 responses), shows and theatre performances (353 responses), big screens for sporting events (232 responses) and a farmers’ market (217 responses). In direct response to this, a comprehensive events programme will be prepared for the areas of public realm to provide activity and animation throughout the year. Activities could include markets, concerts, ice skating, sports and games, exhibitions and community events.

In conclusion, issues, concerns and recommendations arising from the consultation exercise have been addressed by intu and its project team, as set out in this Planning Statement and other technical reports accompanying this planning application. The high levels of support given by the local community for the proposed development should be

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

afforded weight in the determination of the planning application’. [Planning Statement, Para 5.17-21]

6.155 As detailed within this report, the provision of additional retail and commercial leisure floorspace within the Lakeside Basin is in accordance with the LDF Core Strategy. The proposed development is comfortably within the scale, location and follows the form envisaged in the draft LDF-SSADPD (Jan 2013).

7.0 CONCLUSIONS AND REASON(S) FOR APPROVAL

7.1 Having regard to the above analysis;

Flood risk, drainage and water resources

7.2 With regards flood risk, the proposal complies with the sequential test as and as such complies with the relevant parts of NPPF and LDF-CS Policies PMD15 (Flood Risk Assessment), CSTP25 (Addressing climate change), CSTP27 (Management and Reduction of Floor Risk).

7.3 It is considered that the approach to surface water drainage accords with LDF- CS Policies CSTP25 (Addressing climate change) and PMD15 (Flood Risk Assessment). With regards water resources, the proposal conforms with the relevant criteria of LDF Policy CSTP13.

Ground conditions, contamination and remediation;

7.4 With regards contaminated land, subject to conditions, it is considered that the proposal accords with the relevant criteria of LDF-CS Policy PMD1. Subject to the demolition and construction phase employing a series of measures to mitigate the potential impacts of the development, including a SWMP and CEMP, the development accords with LDF Policy CSTP29.

Noise and air quality;

7.5 The overall impact on air quality is negligible. Subject to conditions, it is not considered that the proposal would have an unacceptable impact on the noise environment and sensitive receptors. The proposal complies with the relevant criteria of LDF-CS Policies PMD1 and PMD9.

Effects upon ecology and nature conservation

7.6 The proposal conforms with Part 11 of the NPPF, the overall objective of LDF- CS Policy CSTP19 (Biodiversity) and Policy PMD7 (Biodiversity and development).

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Phasing and impact of construction

7.7 Subject to conditions securing the mitigation measures contained within the various reports, it is considered that the proposal complies with LDF-CS Policy PMD1.

Socio-economic effects

7.8 The proposed development responds directly and positively to LDF-CS policies CSSP2, CSTP6 and CSTP7, supporting economic growth and generating employment in a Key Regeneration Area.

Development Plan context, retail / leisure impacts and conformity with Policies for the Lakeside Basin;

7.9 The proposed development does not breach the floorspace thresholds or go beyond the uses considered appropriate for the Lakeside Regional Town Centre as set by the LDF-CS. Notwithstanding this the LDF-CS, including Policy CSTP7 (Network of Centres), supports the plan-led transformation of the Lakeside Basin into a new regional centre and seeks to achieve this through the SSADPD. The draft SSADPD reached further issues and options stage and as such a range of options for the Lakeside basin have been consulted upon. Given the current stage of the draft SSADPD, no preferred option for the transformation of the Lakeside Basin into a new regional centre has been produced nor is there the ‘Lakeside Expansion and Diversification Transport Package’ or a ‘Lakeside Implementation and Delivery’ SPD.

7.10 Prematurity is the argument that planning permission should be refused not because a proposal is unacceptable in itself but because to grant approval would prejudice emerging policy. It can sometimes be justifiable to refuse planning permission on grounds of prematurity, but only where development is so substantial that it would predetermine the outcome of the DPD by predetermining decisions about scale, location or phasing of development. However, where a DPD is at the consultation stage, with no early prospect of Examination then refusal on prematurity grounds will seldom be justified because of the delay which this would impose in determining the future used of the land in question. Notwithstanding this, at the heart of the NPPF is a presumption in favour of sustainable development. The NPPF goes onto state; ‘For a decision-taking this means: ● approving development proposals that accord with the development plan without delay; and

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

● where the development plan is absent, silent or relevant policies are out‑ of‑ date, granting permission unless: – any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or – specific policies in this Framework indicate development should be restricted’.

7.11 In considering the issue of prematurity, a 3-stage process can be identified: (a) Initially, consider whether the development is so substantial that granting permission could predetermine decisions about the scale, location or phasing of new development that are being considered as part of the emerging DPD. If not, prematurity will not usually be a justifiable ground for refusal.

(b) If in response to (a) above, it is considered that the size of the development could predetermine decisions being considered in the DPD, consideration should be given to the stage of preparation or review reached by the DPD (in accordance with paragraph 18 of the aforementioned ODPM Guidance).

(c) At the third stage, the decision maker should effectively balance any prejudice to the emerging DPD caused by the predetermination of decisions against the delay in determining the future use of the land in question.

7.12 With regards to (a) above, whilst the development is within the area identified as part of the ‘Primary Shopping Area’ in the draft LDF-SSADPD (Jan 2013) and comfortably within the indicative scale of development for this zone, it is considered that the development is of a substantial scale and granting permission would predetermine decisions about the scale and location of new leisure and associated development that are being considered as part of the emerging SSADPD.

7.13 Having regards to the findings in relation to part (a), part (b) falls to be considered. There have been delays in the production of the LDF SSADPD and the finalisation of this document may be some time away. In light of this refusal on prematurity grounds would seldom be justified because of the delay which this would impose in determining the future use of the land in question. Furthermore, as detailed above, the NPPF’s contains a presumption in favour of sustainable development. However, it is considered that this must be tempered by the plan-led approach to Lakeside specified in LDF Core Strategy Policies.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

7.14 This report has sought to assess whether the development would deliver transformational benefits as envisaged in the draft LDF-SSADPD (Jan 2013) and accord with existing development plan policies. The following conclusions are drawn having regard to the assessment contained in this report;

Draft LDF-SSA DPD - Objectives 1, 2 and 3 [Quantum and nature of uses]  The provision of additional retail and commercial leisure floorspace within the Lakeside Basin is in accordance with the LDF Core Strategy. The development is within the area identified as part of the Primary Shopping Area in the draft LDF-SSADPD (Jan 2013). The proposed development is comfortably within the indicative scale of development for this zone detailed within the Draft SSADPD (Jan 2013). The proposed development is in the location and follows the form envisaged in the draft LDF-SSADPD (Jan 2013). The proposal would assist in meeting objectives 1 to 3 detailed above and as expressed in the draft SSADPD (Jan 2013, Paragraph 9.4.21, p137).

Draft LDF-SSA Objective 4 [Design, density and town centre]  The scale and form of the proposed extensions are considered acceptable. Furthermore, the proposal would not give rise to adverse landscape, townscape or visual effects and as such accord with LDF-CS Policy CSTP23 (Thurrock Character and Distinctiveness).  With regards design, it is considered that the illustrative approach is sufficiently robust and reserved matters would need to build upon the details illustrated. It is considered that subject to conditions, the development is capable of delivering a high quality design for the extensions in accordance with NPPF and the relevant criteria of LDF-CS Policies CSTP22 (Thurrock Design) and PMD2 (Design and Layout).  The proposal shows strong conformity to the 13 ‘Development and Design Principles’ set out at paragraph 9.5.1 of the draft LDF-SSADPD (p138).  It is considered that the density and indicative design of new development will be appropriate for a new town centre in order to create buildings and spaces of an appropriate form, scale and density to support the transformation of Lakeside into a safe, attractive and vibrant town centre and as such accords with the Draft LDF-SSA Objective 4.

Draft LDF-SSA Objective 5 [Housing]  The proposal does not prejudice the delivery of housing within the zone should this form part of the Masterplan and / or further iteration of the SSADPD

Draft LDF-SSA Objectives 6 and 7 [Transport]

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

 Strategic road access - The Highways Agency is not objecting to the proposal subject to conditions. Given the scale, cost and timescale of the long term improvements needed to J30, it is considered that the proposed measures to bring about mode shift is an appropriate response in this instance that would facilitate development in accordance with the approach advanced in LDF Policy CSTP16 (Part 2).  Site layout and local road network – Overall, it is considered that the localised impacts would, for the most part, be mitigated. The proposal would enhance accessability by means other than the private car and any residual cumulative impacts would not be severe and warrant the refusal of planning permission.  Public transport – The development includes a range of measures to promote of greater use of sustainable transport that accord with the relevant criteria of LDF-CS Policy T4 (Urban Transport) and T13 (Public Transport Accessibility).  Pedestrian and cyclist permeability - The proposal would make a significant contribution to improving pedestrian and cyclist permeability throughout LSC and connections with Zone 2, all of which are identified as Green Grid, public realm and non-vehicular links in the draft SSADPD and would be in accordance with LDF-CS Policy CSTP14 (Part1 (i) and Part 2(ii).  Travel Planning - The Travel Plan and associated measures have a clear relationship with the delivery of the emerging measures to promote public transport and reduce car trips. Securing a travel plan for the development accords with LDF Policy PMD10 (Transport Assessments and Travel Plans) and point (e) of The Lakeside Basin Preliminary Infrastructure Assessment (2012).  Car parking, charging and Management - the loss of car parking as a result of the development is unlikely to have any significant impact on visitor's ability to find a parking space. The enhanced VMS system will offer positive benefits in terms of congestion management and could aid the creation of ‘parking hubs’. The applicant’s continued refusal to introduce parking charging reduces the potential to affect a greater degree of modal shift and would make it difficult to secure it comprehensively. Notwithstanding this, it is considered that the development without the inclusion of parking charging is making a proportionate contribution towards achieving the level of modal shift envisaged by consultants advising EERA as part of the single issue review. Draft LDF-SSA Objective 8 [Sustainability]  The scheme should achieve BREEAM very good in response to the requirement in LDF-CS Policy PMD12 (Sustainable Buildings). In response to the requirements of policies PMD13 and CSTP26 (Renewable or low- carbon energy generation), over 10% of the energy is from low carbon sources.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

 In terms of LDF-CS Policy PMD14, the Energy Strategy details how the development will incorporate a range of viable Energy Hierarchy measures.

7.15 From the analysis contained in this report the proposal accordance with a range of relevant development plan policies. Furthermore, it show adherence to the eight objectives that have guided the preparation of the draft SSADPD. In addition, it is considered that the proposal is making a proportionate contribution towards the overall local infrastructure requirements identified in the draft SSADPD. In coming to this judgement, regard has been paid to the embedded infrastructure and the nature of the development. Furthermore, the infrastructure to be delivered can currently deemed to be either desirable or essential to facilitating the creation of a Regional Town Centre.

7.16 The third stage of considering the issue of Prematurity involves the decision maker assessing any prejudice to the emerging DPD caused by the predetermination of decisions against the delay in determining the future use of the land in question. Furthermore, in this instance, consideration needs to be given as to whether there is a sound justification for departing from the plan led approach to development within the Lakeside Basin as envisaged by LDF policies. In light of the above analysis, it is considered that the following prejudice to the LDD can be identified;  Whilst the proposal would accord with the quantum of development envisaged for Zone ‘A’ in the draft SSADPD (Jan 2013), it is considered that the development is of a substantial scale and granting permission would predetermine decisions about the scale, location or phasing of new development that are being considered as part of the emerging SSADPD.  Whilst the draft SSADPD has yet to advance beyond further issues and options nor is there a Lakeside Expansion and Diversification Transport Package’ or a ‘Lakeside Implementation and Delivery’ SPD, it would appear that much of the local infrastructure associated with this application is identified in the draft SSADPD and as such is currently seen as either desirable or essential to facilitating the creation of a Regional Town Centre. In this regard, it is considered that there would be limited prejudice to the achievement of the objective for the Lakeside basin as expressed in LDF CS Policy CSTP14  Not securing parking charging as part of this development would make it difficult to secure it comprehensively, reducing the scope for parking charging to be used as a measure to affect modal shift. Notwithstanding this, the proposal would deliver a substantial part of a basin wide VMS and assist in creation of shared hub(s) for parking as envisaged in the draft SSADPD.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

7.17 The application cites a number of factors why the scheme should be accepted ahead of the finalisation of the LDD; (a) the delays in the plan-making process to date;

(b) the support for economic development, the need for investment and the regeneration priority of the Lakeside Basin, and;

(c) the proposals conformity with a range of development plan Policies and the emerging SSADPD.

7.18 With regards (c) above, this is considered above. With regard (a) and (b), paragraph 19 of the NPPF (July 2011) states; ‘The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system’.

7.19 It is a material consideration that continued delays in the adoption of SSADPD could discourage investment in Lakeside, significantly impede the creation of Regional Town Centre and job creation. Furthermore, the draft SSADPD envisages Intu Lakeside playing an important role in the creation of a Regional town centre. In the event that investment is discouraged, this may affect the ability to bring about change.

7.20 This report contains a thorough analysis of the proposal against the objectives set out in development plan policies and the draft SSADPD. Overall, it is considered that the proposal would make a significant contribution to achieving the objectives set out in the LDF Core Strategy and draft SSADPD. Whilst the proposal is ahead of the finalisation SSADPD, it provides the opportunity to assist in the transformation of the northern part of the Lakeside Basin into a Regional town centre.

7.21 It is considered that the prejudice to the emerging Development Plan Document caused by the predetermination of decisions is outweighed by other material considerations comprising the support for economic development, the need for investment and the regeneration priority of the Lakeside Basin, the proposals conformity with a range of LDF-CS Policies and the schemes deliver transformational benefits as envisaged in the draft LDF-SSADPD (Jan 2013).

8.0 RECOMMENDATION

8.1 In light of the above, the application is recommended for APPROVAL subject to;

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

A The completion and signing of a legal agreement under Section 106 of the Town and Country Planning Act 1990 relating to the planning obligations set out in Part 1 of this Committee report; B The following conditions;

1) Reserve Matters

Development shall not commence until details of: (a) the Layout of the new development; (b) the Scale of the new development; (c) the Appearance of the new development; (d) the Means of Access of the new development or a phase. Such details shall include access within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network; and (e) the Landscaping of the development (hereinafter called the 'Reserved Matters'), have been submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved details. For the purposes of this condition, 'Development' shall exclude investigations for the purpose of assessing ground conditions.

For the purposes of this condition 'Development' shall exclude: site clearance, demolition, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions.

Application(s) for approval of the reserved matters shall be made to the local planning authority not later than four years from the date of this permission. The development hereby permitted shall begin no later than one year from the date of approval of the last of the reserved matters to be approved.

REASON: The application as submitted does not give particulars sufficient for the consideration of the reserved matters and to accord with Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. To ensure the development is undertaken on the basis of the development proposed and accompanying assessments which has been advanced at outline stage, assessed and agreed and to which the reserved matters should adhere. To establish a timescale for the submission of reserved matters and implementation, having regard to the scale of development and Sections 91 to 95 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2) Parameter Plans

Subject to compliance with the requirements of the conditions attached to this permission, the submission of Reserved Matters for any part of the site or

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

phase shall adhere to and demonstrate conformity with the following parameters accompanying the application:

(a) the minimum / maximum siting of buildings / extensions hereby permitted as detailed on Parameters Plan 4 – Minimum / Maximum siting ref: 120066-D-104B. (b) the minimum size / dimensions of The Street, Family Square, Town Square, The Waterfront and the Boardwalk Route detailed on Parameters Plan 4 – Minimum / Maximum siting ref: 120066-D-104B. (c) the maximum heights for buildings / extensions and plant detailed on; Parameters Plan 5 – Proposed heights ref: 120066-D-105 B (d) The creation of a proposed landscape, public realm, pedestrian and cycle networks as detailed on; Parameters Plan 6 – Proposed public realm and vehicular access works, ref: 120066-D-106 B (e) The incorporation of vehicle access works and alteration to vehicle accesses within the site detailed on; Parameters Plan 6 – Proposed public realm and vehicular access works ref: 120066-D-106 B (f) Utilise the plot identification references detailed on Parameters Plan 3 – Block plan and uses, ref: 120066-D-103 B (g) Not exceed the maximum number of storeys identified for each plot stated in the Design and Access Statement. (h) Include a series of connected pedestrian links between the blocks at first floor as illustrated on Parameters Plan 5 – Proposed heights ref: 120066- D-105 B

REASON: To ensure that individual reserved matters and phases follow the parameters assessed, considered and established at outline stage and do not prejudice the ability to deliver the development in a manner which is coherent and compliant with; LDF Core Strategy Polices CSSP5, CSTP7, CSTP14, CSTP15, CSTP16, CSTP18, CSTP19, CSTP22, CSTP23, PMD2, PMD7 and assists in the creation of Lakeside Regional Town Centre.

3) Access

Notwithstanding the details contained in ‘Parameters Plan 6 – Proposed public realm and vehicular access works’, ref: 120066-D-106 B, the Reserved Matters details to be submitted in accordance with Condition 1; Part (a) the Layout of the new development; (d) the Means of Access, shall include; details of the road layout for Arrival Point 1 and new access to the roundabout at what is at presently the junction of the western and northern distribution roads. Such details shall include vehicle tracking. Such details as approved under reserved matters shall be installed on site prior to the occupation of the commercial units hereby permitted and shall thereafter be permanently retained in the manner agreed.

REASON: In the interests of the safe and efficient operation of the access network.

4) Phasing

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

The development shall not be begun until a detailed programme of phasing of the development has been submitted to, and approved in writing by, the Local Planning Authority (herein referred to as 'the Phasing Strategy'). The Phasing Strategy shall include; a. A plan defining the extent of the works comprised within each phase; b. Details of the quantum of floorspace to be created within each phase; c. The infrastructure works to be included and undertaken within each phase, including; - pedestrian and cycle networks - landscaping and public realm works - vehicle access works and alteration to vehicle accesses within the site - surface and foul water drainage d. A timetable for the implementation and completion of works within each phase including infrastructure; The development shall be implemented in accordance with the approved Phasing Strategy or in accordance with a variation to the agreed scheme as first agreed in writing by the Local Planning Authority.

Reason: To ensure the timely delivery of the development and associated infrastructure. To comply with LDF Core Strategy Polices CSSP2, CSSP5, CSTP14, CSTP16, CSTP18, CSTP19, CSTP20, CSTP22, CSTP27, PMD2, PMD10, PMD15.

5) Floorspace

(A) The development hereby permitted shall not exceed the Net Additional Internal Gross Floorspace specified in Table 1 below. (B) In addition to (A) above, the Uses hereby permitted shall not exceed the Net Additional Internal Gross Floorspace specified in Table 1 below.

Table 1; Use Class / Existing Total Gross Gross Internal Net Additional type Gross Internal Floorspace Internal Gross Internal Floorspace to proposed Floorspace Floorspace be lost by (including following (sq.m) change of reconfiguratio development use / n / rebuild / (sq.m) demolition change of (sq.m) use) (sq.m) A1 (Shops) 282 282 1007 725

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

A3 0 0 8546 8546 (Restaurants & Cafes), A4 (Drinking Establishmen ts), A5 (Hot Food Takeaway)

A1 (Shops), 0 0 721 721 A3 (Restaurants & Cafes), A4 (Drinking Establishmen ts), A5 (Hot Food Takeaway) (Block E) C1 (Hotels) 0 0 5340 5340 D2 3615 454 11,901 11,447 (Assembly and Leisure)* Other* 442 172 2,123 1,951 Other 0 0 2,325 2,325 walkway** TOTAL 4,339 908 31,963 31,055

* ‘Other’ uses includes internal service corridors, new mall (exc. void), plant rooms, lifts, stairwells, demise partition walls and ancillary accommodation such as WC’s. ** ‘Other – Walkway’ use includes the first floor external walkways and bridge links.

C) Each application for Reserved Matters pursuant to condition 2 part (a) ‘Layout’ and part (b) ‘Scale’ incorporating additional floorspace shall be accompanied by: i) A schedule of accommodation and floor space proposed within that phase(s) and the quantum and nature of floorspace to be lost / demolished with reference to the breakdown of floor space detailed in Parts (A) and (B) above; ii) Details of how the development proposed would ensure that the remaining development will not exceed the maximum floor area requirements of Parts (A) and (B) of this condition. This shall include an updated schedule of accommodation and floor space to be delivered by further phase(s) of development having regard to Parts (A) and (B) of this condition.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

The RICS definition of Gross Internal Floorspace contained in the Code of Measuring Practice 6th Edition shall be used for all calculations of GIA.

Reason: To ensure that the development is carried out in accordance with the approved plans and the other submitted details assessed in relation to the development. To ensure that individual reserved matters and phases do not prejudice the ability to deliver the development hereby permitted in an acceptable manner. Furthermore, to ensure the development does not give rise to an un-permitted reduction in the finite floorspace allocation for Lakeside which will assist in the creation of a Regional Town Centre (as detailed in LDF Core Strategy Policy CSTP7).

6) Uses

(A) Notwithstanding the provisions of the Town and Country Planning Act 1990 and the Town and Country Planning (Use Classes) Order 1987 (or any amending or re-enacting Acts or Orders), the development hereby permitted shall not exceed the Net Additional Internal Gross Floorspace for each of the Use Class / types specified in Table 2 below.

Table 2; Use Class / Existing Total Gross Gross Internal Net Additional type Gross Internal Floorspace Internal Gross Internal Floorspace to proposed Floorspace Floorspace be lost by (including following (sq.m) change of reconfiguratio development use / n / rebuild / (sq.m)(NAGF) demolition change of (sq.m) use) (sq.m) A1 (Shops) 282 282 1007 725 A3 0 0 8546 8546 (Restaurants & Cafes), A4 (Drinking Establishmen ts), A5 (Hot Food Takeaway) A1 (Shops), 0 0 721 721 A3 (Restaurants & Cafes), A4 (Drinking Establishmen ts), A5 (Hot Food Takeaway) (Block E)

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

C1 (Hotels) 0 0 5340 5340 D2 3615 454 11,901 11,447 (Assembly and Leisure)* Other** 442 172 2,123 1,951 Other - 0 0 2,325 2,325 walkway TOTAL 4,339 908 31,963 31,055

(B) Upon request, the applicant shall within 56 days provide the Local Planning Authority with a written schedule of units within the extensions and buildings hereby permitted their current use and floor area (in NAGIFA).

With regards Gross Internal Floorspace the RICS definition contained in the Code of Measuring Practice 6th Edition shall be used.

REASON: To ensure that the development is in accordance with the submitted details assessed in relation to the development. to ensure the development does not give rise to an un-permitted reduction in the finite floorspace for various uses allocation for Lakeside which will assist in the creation of a Regional Town Centre (as detailed in LDF Core Strategy Policy CSTP7). With regard (B), to facilitate monitoring of compliance with the condition.

7) BREEAM

Prior to the commencement of construction, a certificate issued by an accredited Building Research Establishment consultant shall be submitted to the Local Planning Authority to demonstrate that the design of the extensions and building(s) can achieve a BREEAM ‘Very Good’ Rating. This shall be supplemented by details of any measures that would need to be secured by the development fit out and a mechanism by which these will be secured. The development shall be built in accordance with the agreed measures and shall achieve a BREEAM ‘Very Good’ Rating. A BREEAM post construction review shall be undertaken confirming the BREEAM rating achieved for the extensions and buildings hereby permitted. This shall be submitted to the Local Planning Authority within 6 months of the completion of the development and in any event within 6 months of receipt by the applicant of a written request made by the Local Planning Authority in the event that not all phases are undertaken or completed.

REASON: To ensure that the development meets the objectives of energy efficiency in new building design and construction set out in LDF Core Strategy Policy PMD12 (Sustainable Buildings).

8) Energy Strategy

The measures to be undertaken as set out in the ‘Intu Lakeside Leisure

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

Energy Strategy’ (Hilson Moran, September 2013) shall be undertaken. This includes;

I. Passive and energy efficient design measures included into the design, including very good levels of building air tightness, improved levels of insulation, good levels of daylight infiltration reducing reliance on artificial lighting, along with high efficiency Heating, Cooling and Ventilation (HVAC) plant that exceeds Part L2A:2010 requirements and reduces the overall CO2 emissions of the scheme II. Combined Heat and Power (CHP) for the hotel and Air Source Heat Pump for the restaurant, retail and leisure part of the scheme III. Future District Heating/Cooling connection capability IV. The inclusion of energy efficient plant V. Renewable energy including 3 significant roof mounted photovoltaic (PV) arrays, providing renewable electricity, are a viable technology for integration into the scheme.

unless amendments to the Intu Lakeside Leisure Energy Strategy’ (Hilson Moran, September 2013) which contains alternative measures are submitted to and agreed in writing with the Local Planning Authority.

Each application for Reserved Matters for buildings or extensions pursuant to condition 1 part (a) ‘layout’ and part (c) ‘appearance’ attached to this permission shall contain a statement advising how it has regard to the Intu Lakeside Leisure Energy Strategy’ (Hilson Moran, September 2013) ‘and incorporated, as appropriate, the measures contained therein including;

- Detail how the proposed building design(s) realise(s) opportunities to incorporate passive and energy efficient design measures - Detail how this phase will contribute to the development as a whole securing energy from decentralised and renewable or low carbon sources; - Detail how the proposal includes energy efficient plant.

Development shall be in strict accordance with the agreed details. The measures set out in the ‘Intu Lakeside Leisure Energy Strategy’ (Hilson Moran, September 2013)‘ or any agreed variation shall be undertaken as part of the development and in any event shall be undertaken prior to occupation of the final phase of development. In addition to the above, the applicant will undertake the measures specified at Part 5 of the ‘Intu Lakeside Leisure Energy Strategy’ (Hilson Moran, September 2013 to encourage tenants to maximise their energy efficiency design and operation.

REASON: To ensure the proposal incorporates energy efficiency measures and renewable or low-carbon technology to minimise emissions, in order to minimise the environmental effects of the development and in accordance with LDF Core Strategy Policies PMD12, PMD13 and PMD14.

9) Landscaping

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

The Reserved Matters details to be submitted in accordance with Condition 1 Part (e) ‘Landscaping’ shall include a Landscape Scheme relating to site (or phase in according with the phasing plan) and shall include, but not be limited to, details of:

(a) Trees, hedgerows and other landscape features to be removed, retained, restored or reinforced, (b) The location, species and size of all new plants, trees, shrubs and hedgerows to be planted, those areas to be grassed and/or paved, and for a programme of planting, transplanting and maintenance, (c) Written specifications (including cultivation and other operations associated with plant and grass establishment); (d) Surfacing materials, (e) A Tree Protection Plan detailing construction methods in the vicinity of retained trees and hedges, including protection measures in accordance with BS4428 and BS5837:2012, (f) Pit design for tree planting within streets or areas of hard landscaping, (g) Existing and proposed levels comprising spot heights, gradients and contours, grading, ground modelling and earth works, (h) Locations and specifications and product literature relating to street furniture including signs, seats, bollards, planters, refuse bins, (i) Boundary treatments and means of enclosure with particulars of locations, heights, designs, materials and types of all boundary treatments to be erected on site, (j) Whether such land shall be accessible by the public (k) How the landscaping scheme proposed promotes ecological interests and biodiversity in a manner which accords with the Intu Lakeside Leisure Ecological Assessment (September 2013, Hilson Moran) accompanying the application (including measure set out in para 6.3 of the Intu Lakeside Leisure Ecological Assessment (September 2013, Hilson Moran) accompanying the outline application. Such details shall include; the installation of a variety of bird, bat and invertebrate roosting and nesting boxes in trees around the site. In addition, details of an ‘artificial floating island’ raft within Lake Alexandra to mitigate the impact of works to the Lake edge environment. (l) Programme of Implementation and maintenance and an ecological management plan (to accord with para 6.3 of the Intu Lakeside Leisure Ecological Assessment (September 2013, Hilson Moran) accompanying the outline application).

The Landscaping Scheme and associated works shall be completed in accordance with the approved programme that has been approved as part of the reserved matters. Any newly planted tree, shrub or hedgerow dying, uprooted, severely damaged or seriously diseased or existing tree, shrub or hedgerow to be retained, dying, severely damaged or seriously diseased, within a period of 5 years from completion of the landscape scheme shall be replaced within the next planting season with others of the same species and of a similar size, unless the Local Planning Authority gives prior written consent to any variation. Management and maintenance of the open space and landscaped shall be in strict accordance with the approved details.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

REASON: To ensure that the proposed development is satisfactorily integrated with its immediate surroundings, enables high quality design, incorporates measures to promote biodiversity in accordance with the detailed submitted with the application. To accord with LDF Core Strategy Policies ENV7, CSTP22, PMD2 and the principles for the creation of a Regional Town Centre.

10) Details of movement network and lighting

Application(s) for approval of Reserved Matters for a phase pursuant to Condition 1 Parts (a) ‘Layout’ and (d) ‘Means of Access’ shall include (where applicable) the following details:

(a) Movement network including layout of internal roads, visibility splay(s), sightlines, accesses, turning space(s), footways, cycleways and crossings. The details to be submitted shall include plans and sections indicating design, layout, levels, gradients, materials and method of construction. It shall also detail how that phase fits into a comprehensive movement network for the totality of the site and links off site. (b) External lighting (including to roads, car parking areas, footways / cycleways) and shall include details of the spread and intensity of light together with the size, scale and design of any light fittings and supports and a timescale for its installation. The lighting scheme shall be accompanied by a statement detailing how it has had regard to the ‘Ecology Assessment’ accompanying the application including avoidance of excess illumination and the use of directional lighting. Thereafter external lighting shall only be provided in accordance with the agreed details or in accord with any variation agreed in writing by the Local Planning Authority. The external lighting shall be provided in accordance with the approved details and timescales. (c) Street furniture (d) Surface finishes, (e) Cycle parking (f) Amended layout for car parking, (g) Signage, (h) Drainage (including to roads, car parking areas, footways / cycleways) (i) Timescale for the provision of this infrastructure.

Footpath / cycle paths shall be a minimum of 2.5m wide. The development shall be implemented in accordance with the approved details and timescales or in accordance with any variation first agreed in writing by the Local Planning Authority.

REASON: The application as submitted does not give particulars sufficient for the consideration of the Reserved Matters. To ensure the comprehensive planning and design of the site and the timely delivery of infrastructure, in the interests of safety, amenity, sustainability and meeting the objectives of creating a Regional Town Centre. To accord with LDF Core Strategy Polices CSSP2, CSSP5, CSTP14, CSTP16, CSTP18, CSTP22, CSTP27, PMD2,

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

PMD10, PMD15. In the interests of visual amenity and to ensure that the proposed development is integrated within its immediate surroundings as required by LDF policy PMD1. In the interests of avoiding lighting having an unduly detrimental impact upon ecology as required by NPPF and LDF Policies CSTP19 and PMD7.

11) Servicing Strategy

Applications for approval of Reserved Matters pursuant to Condition 1 (parts (a) ‘Layout’ (d) ‘Means of Access’ shall include a Servicing Strategy. This shall detail how the completed units will be serviced, including the route and method of servicing and associated signage for delivery vehicles, methods to prevent unauthorised vehicle access to pedestrianised spaces.

REASON: To ensure satisfactory service arrangements that reduces the risk of conflict between pedestrians and service vehicles and minimise the impact upon the public realm.

12) Cycle parking

Applications for approval of Reserved Matters pursuant to Condition 1 (parts (a) ‘Layout’ (d) ‘Means of Access’ shall include; details of the number, size, location, design and materials of secure and weather protected cycle parking facilities to serve the development. Such provision shall be in accordance with the following standard (unless a variation to these standards is first agreed in writing with the Local Planning Authority): 1 space per 500sq.m of additional floorspace. Such cycle parking facilities as approved under reserved matters shall be installed on site prior to the occupation of the units they serve and shall thereafter be permanently retained for sole use for cycle parking.

REASON: To reduce reliance on the use of private cars, in the interests of sustainability, highway safety and amenity, in accordance with Policy ETG2 and LDF Core Strategy Policies CSTP14 and PMD8.

13) Footway / Cycleway

Notwithstanding the illustrative sections, the reserved matters submission pursuant to condition 1 Part (d) (access) shall include details of the closure of the perimeter road to the east of the lake to through traffic together with a reduction in its width from 4 to 3 lanes and the creation of a high grade and generous pedestrian and cycle route along the eastern edge of Lake Alexandra and a new pedestrian crossing. The details shall include; I. Reduction in width of the road II. Swept path analysis III. Details of the widened path and new cycleway; IV. Details of landscaping and the treatment of the public realm, including boundary treatment and landscaping with Alexandra Lake V. Details of new pedestrian crossings over the perimeter road and how they will serve the existing LSC multi-storey car parks

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

VI. Timescale for delivery

Development shall be in strict accordance with the approved detail.

REASON: Such additional information is required to ensure an acceptable treatment of the Lake edge, to secure acceptable measures and to assist in delivering more sustainable movement patterns and improved accessibility for pedestrians, objectives of LDF Core Strategy Policy CSTP14.

14) Investigation and remediation

Development (other than that required to be carried out as part of an approved scheme of remediation) must not commence until parts 1 to 4 of this condition have been complied with. The Remediation Strategy may include details of phasing. In the event that the remediation is phased, no development within that phase shall commence until parts 1 to 4 of this condition have been complied with.

(PART 1) Site Characterisation and Remediation Strategy; Prior to the commencement of development the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to, and approved in writing by, the Local Planning Authority:

A) A preliminary risk assessment which has identified: • all previous uses; • potential contaminants associated with those uses; • a conceptual model of the site indicating sources, pathways and receptors; • potentially unacceptable risks arising from contamination at the site. B) A site investigation scheme (including an investigation of ground conditions and groundwater), based on (A) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. C) The site investigation results and the detailed risk assessment (B) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. Assessment must consider foundation design and the risk that piling activities may drive contamination, where present, downwards into the chalk aquifies. D) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (C) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.

(PART 2) Implementation of Approved Remediation Scheme;

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development (other than that required to carry out remediation) or in the event of a phased Remediation Strategy, the commencement of that phase. The Local Planning Authority shall be given two weeks written notification of commencement of the remediation scheme works.

(PART 3) Verification Plan;

Following completion of measures identified in the approved remediation scheme and prior to occupation of any part of the permitted development or in the event of a phased Remediation Strategy, the occupation of that phase, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing by, the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a long-term monitoring and maintenance plan) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority.

(PART 4) Reporting of Unexpected Contamination;

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out in that phase until the developer has submitted to, and obtained written approval from, the Local Planning Authority for an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with NPPF and LDF Policy PMD1.

15) Ground Gas

The development hereby permitted shall not be commenced until a comprehensive site survey has been undertaken to:

a) determine the existence, depth, extent and character of any filled ground. b) determine the existence, extent and concentrations of any landfill gas with potential to reach the application site. This shall include the results of detailed gas monitoring undertaken for a minimum of six months conducted at approximate fortnightly intervals in accordance

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

with CIRIA guidance or an alternative period agreed in writing with the Local Planning Authority.

A copy of the site survey findings together with a scheme to bring the site to a suitable condition in that it represents an acceptable risk including detailing measures to contain, manage and/or monitor any landfill gas with a potential to reach the site shall be submitted to and agreed in writing with, the Local Planning Authority prior to, the commencement of development hereby permitted. The foundation design will need to ensure appropriate mitigation of users and service against ground gas risk entry and accumulation within building voids.

Formulation and implementation of the scheme shall be undertaken by competent persons. Such agreed measures shall be implemented and completed in accordance with the agreed scheme. No deviation shall be made from this scheme.

Should any ground conditions or the existence, extent and concentrations of any landfill gas be found that was not previously identified or not considered in the scheme agreed in writing with the Local Planning Authority, the site or part thereof shall be re-assessed in accordance with the above and a separate scheme to bring the site to a suitable condition in that it represents an acceptable risk shall be submitted to and agreed in writing with the Local Planning Authority. Such measures shall be implemented in accordance with the agreed scheme.

The developer shall give one month's advanced notice in writing to the Local Planning Authority of the impending completion of the agreed works. Within four weeks of completion of the agreed works a validation report undertaken by competent person or persons shall be submitted to the Local Planning Authority for written approval.

REASON: Intu Lakeside Leisure Environmental Ground Conditions Assessment September 2013 (Hilson Moran) indicates that there are elevated ground gas concentrations within the proposed development site and recommends further investigation. The report recommends gas protection measures post construction for the development. To ensure that any potential risks arising are properly assessed and that the development incorporates any necessary measures and subsequent management measures to satisfactorily deal with contamination / gases in the interests of amenity and public health, LDF Policy PMD1.

16) Foundation design and protection of groundwater

Piling or any other foundation designs using penetrative methods shall not be used unless a Foundation Works Risk Assessment has been submitted to, and agreed in writing by, the Local Planning Authority demonstrating that there is no resultant unacceptable risk to groundwater. The Foundation Works Risk Assessment based on the results of the site investigation and any planned remediation. This assessment should underpin the choice of

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

founding technique and any mitigation measures employed, to ensure the process does not cause, or create preferential pathways for, the movement of contamination into the underlying aquifer, or impact to surface water quality. The development shall be carried out in accordance with the approved details and timing of works.

REASON: Contamination has been identified at the site. The foundation piles in or through contaminated land has the potential to mobilise contaminants which can result in their release into the groundwater. Mitigation is required to keep the groundwater in the vicinity of the site free from pollution.

17) Construction Environment Management Plan

Prior to the commencement of demolition, remediation or development on any phase of the development, a Construction Environment Management Plan shall be submitted to, and approved in writing by, the Local Planning Authority covering the totality of development. The CEMP shall be in accordance with the details contained in the outline application and shall include, but not be limited to, details of;

(a) Management structure with roles and responsibilities (b) Audit process (c) Risk register and risk management process (d) Training programme (e) External communication strategy (f) Performance monitoring procedure (g) Action plan for non-compliance and incidence management

Environmental matters to be dealt with within the CEMP shall include;

1. Air quality 2. Ecology 3. Ground conditions and contamination 4. Noise & vibration 5. Water

The CEMP shall also incorporate details of;

I. Hours and duration of any piling operations, II. Vehicle haul routing in connection with construction, remediation and engineering operations, III. Wheel washing and sheeting of vehicles transporting loose aggregates or similar materials on or off site, IV. Construction access or accesses; V. Location and size of on-site compounds (including the design layout of any proposed temporary artificial lighting systems) VI. Details of any temporary hardstandings; VII. Details of temporary hoarding; VIII. Method for the control of noise (incorporating the mitigation measures

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

detailed in sections 9 of the Acoustic Report (September 2013) IX. Measures to reduce vibration and mitigate the impacts on sensitive receptors together with a monitoring regime X. Measures to control dust and other particulate emissions XI. Water management including waste water and surface water discharge, XII. Method statement for the prevention of contamination of soil and groundwater and air pollution, including the storage of fuel and chemicals, XIII. Ecology and environmental protection and mitigation, XIV. Community liaison including a method for handling and monitoring complaints, contact details for site managers. XV. Measures to report and deal with areas of unforeseen contamination that may be encountered during construction. XVI. Details of construction phasing and which areas will be covered by a site / phase specific CEMP.

All works and development shall be carried out in accordance with the approved CEMP and the measures contained therein, or in accordance with a variation to the CEMP first agreed in writing by the Local Planning Authority.

REASON: In the interests of protecting amenity, highway safety, sustainability, minimising impact upon the environment and ecology and ensuring that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors. To accord with the mitigation advanced in the application and LDF Policy PMD1.

18) Waste Management Plan

Prior to the commencement of development a detailed Waste Management Plan (WMP) shall be submitted to and approved by the Local Planning Authority in writing. The WMP shall include details of; (a) the anticipated nature and volumes of construction waste (b) measures to minimise waste and maximise re-use (c) measures to ensure effective segregation of waste at source including waste sorting, storage, recovery and recycling facilities to ensure the maximisation of waste materials both for use within and outside the site. (d) Any other steps to ensure the minimisation of waste during construction (e) The location and timing of provision of facilities pursuant to criteria (b), (c) and (d) above

Unless otherwise agreed in writing, thereafter the implementation, management and monitoring of construction waste shall be undertaken in accordance with the agreed details.

REASON: To ensure the sustainable management of construction waste in

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

accordance with LDF-CS Policy PMD12 (Sustainable Buildings).

19) Hours of construction work

With the exception of internal fitting out works to individual units by tenants, no construction work in connection with the development shall take place on any Sunday or Bank Holiday, nor on any other day except between the following times: Monday to Friday 08:00 - 18:00 hours, Saturdays 08:00 - 1300 hours unless in association with an emergency or except as otherwise first agreed in accordance with the provisions of a Code of Construction Practice submitted to and agreed in writing with the Local Planning Authority. All site deliveries for the purposes of construction of the development hereby permitted should take place between the above hours unless in association with an emergency or except as otherwise in accordance with the provisions of a Code of Construction Practice submitted to and agreed in writing with the Local Planning Authority.

REASON: To accord with the mitigation measures detailed at page 15 Acoustic Report (September 2013, Hilson Moran). In the interest of residential amenity. To accord with LDF Policy PMD1.

20) Considerate Contractor Scheme

The Principal Contractor appointed shall be a member of the Considerate Contractor Scheme. Furthermore, prior to the commencement of development, A Good Neighbour Policy shall be produced, setting out how the local community will be informed of construction activity on site and raise issues with the developer.

REASON: To limit the impacts of construction and to provide a mechanism to inform and engage the local community.

21) Storage of oils, fuels and chemicals

Any facilities for the storage of oils, fuels and chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank or the combined capacity of interconnected tanks plus 10%. All filling points, vents gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any water course, land or underground strata. Associated pipe work shall be located above ground and protected from accidental damage. All filling points and tank overflow outlets shall be discharged downwards into the bund.

REASON: In order to avoid the pollution of ground water. To accord with LDF Policy PMD1.

22) Scheme for impact piling

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

No impact piling shall take place without the applicant submitting an assessment of the impact of such works and a scheme of mitigation (including the hours and duration of works) and it being approved in writing by the Local Planning Authority. Development shall only take place in accordance with the agreed scheme and mitigation and the terms of any such approval.

REASON: To ensure that the development does not have an unduly detrimental effect on the amenities and enjoyment of residential properties or other commercial operators in the vicinity of the site. To accord with LDF Policy PMD1.

23) Accessibility

All publically accessible areas as part of the development shall be designed to be accessible to and usable by disabled people, including wheel chair users, people with sight impairment and people with prams and pushchairs. Any application for reserved matters pursuant to Condition 1 Parts (a) ‘Layout’, (d) ‘Means of Access or (e) ‘Landscaping’ shall be accompanied by an access statement. The statement shall demonstrate that all parts of the relevant phase of development, including the car parks and all external public areas, shall be designed to be accessible for all, including people with disabilities. Such details to include: How the layouts, including entrances, internal and external circulation spaces, car parking areas, directional signs, lighting levels and other relevant facilities are accessible, adaptable or otherwise accommodate those with mobility difficulties or visual impairments. Such provision to make the development fully accessible shall be carried out in accordance with the approved details and made available before each phase of the development is first occupied and thereafter maintained as such.

REASON: In the interests of the amenities of future users and visitors in accordance with the Councils policies and practice for access for people with disabilities and in accordance with the provisions of Section 76 (1), (2) of the Town and Country Planning Act 1990 and LDF CS Policy CSTP22.

24) Materials

No phase of development shall take place until samples of the materials to be used in the external construction (including surfacing materials for buildings and hard landscaping) for that phase, have been submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in strict accordance with the approved samples.

For the purposes of this condition 'Development' shall exclude: site clearance, demolition, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions.

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

REASON: In the interest of amenity and to ensure that the proposed development is satisfactorily integrated with its immediate surroundings as set out LDF Policy PMD1.

25) Secure by Design Accreditation

Reserved Matters application(s) pursuant to condition 1 Parts (a) ‘Layout’ and Part (c) ‘Appearance’ shall include a statement detailing the measures proposed to be incorporated into the development in order for the totality of the development hereby permitted, or those areas which qualify, to achieve Secure by Design accreditation. The development, or any phase of development, shall not be occupied until the applicant has demonstrated in writing to the Local Planning Authority that it has achieved Secure by Design accreditation for those areas that qualify.

REASON: In the interest of creating safer, sustainable communities, reflecting guidance set out in NPPF and LDF-CS Policy CSTP22.

26) CCTV

Prior to the occupation of a phase of the development a scheme showing the details of a CCTV system to be installed for the safety of users and the prevention of crime, shall be submitted to and approved in writing by the Local Planning Authority. No relevant phase of the development shall be occupied before the scheme is implemented as agreed.

REASON: In the interest of creating safer, sustainable communities, reflecting guidance set out in NPPF and LDF-CS Policies CSTP22.

27) Surface Water Drainage Scheme

Development shall not commence until a detailed Surface Water Drainage Scheme for the site, based on the Flood Risk Assessment by Hilson Moran (30 August 2013), sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to, and approved in writing by, the Local Planning Authority. The Surface Water Drainage Scheme shall:

I. demonstrate the surface water run-off generated up to and including the 1 in 100 year inclusive of climate change critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. II. The scheme should be based on the indicative drainage plan 16124/Study/1001, which includes SuDS devices such as geocellular storage. III. Detail all surface water from parking, servicing and manoeuvring areas being passed through a Class 1 oil interceptor prior to disposal to groundwater, watercourse or surface water sewer; IV. Detail associate infrastructure, if deemed necessary V. Include a timescale for undertaking the works;

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

VI. Details of how the scheme shall be maintained and managed after completion including ownership and responsibility of all drainage elements for the lifetime of the development. If appropriate, details of adoption of any drainage elements of the drainage system should be included. VII. Details of all surface water drainage infrastructure for inclusion on the Lead Local Flood Authority’s s21 Asset Register.

The approved Surface Water Drainage Scheme shall be implemented in strict accordance with the approved details and timescale unless a variation to the timescale is first agreed in writing with the Local Planning Authority. The measures to maintain and manage the Surface Water Drainage Scheme shall be put in place and thereafter retained and maintained.

REASON: To assess and prevent the pollution of groundwater and flooding though development, to improve and protect water quality, to improve habitat and amenity, and to ensure that there are adequate arrangements determined for the future maintenance of the surface water drainage system, in accordance with LDF-CS Policies CSTP25, CSTP27, PMD1, PMD2 and PMD15.

28) Foul Water Drainage Strategy

Development shall not commence until a Foul Water Drainage Strategy to serve the totality of the development hereby permitted has been submitted to, and approved in writing by, the Local Planning Authority. The strategy shall include details of the means of connection, phasing of provision and capacity of the receptor system. The foul water drainage systems shall be constructed in accordance with the approved strategy and maintained thereafter in accordance with it. There shall be no occupation of any building or extension hereby permitted until the approved foul water drainage system is in place. For the purposes of this condition 'Development' shall exclude: site clearance, demolition, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions.

REASON: To prevent the increase in flood risk, pollution and detriment to public amenity through provision of suitable water infrastructure, in accordance with NPPF and LDF Policies PMD1, PMD2 and PMD15.

29) Demolition and clearance of vegetation

Demolition and clearance of vegetation or other potential bird nesting sites shall not be undertaken within the breeding season of birds (i.e. within 1st March to the 31st July) except where a suitably qualified ecological consultant has confirmed in writing that such clearance works would not affect any nesting birds. In the event that an active bird nest is discovered outside of this period and once works have commenced, then a suitable standoff period and associated exclusion zone, to be agreed in consultation

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

with Natural England, shall be implemented until the young have fledged the nest.

REASON: To ensure effects of the development upon the natural environmental are adequately mitigated and in order to comply with LDF Policy PMD7.

30) A scheme of soundproofing for external plant, machinery and equipment

External plant, machinery and equipment associated with the development hereby permitted shall not exceed the noise emission limits specified at page 8 of the Acoustic Report (September 2013, Hilson Moran). The external plant, machinery and equipment shall be installed having regard to this overall limit and their cumulative impact and shall employ, where necessary, the ‘Plant Noise Mitigation’ measures set out on page 8 of the Acoustic Report (September 2013, Hilson Moran). At no point shall the external plant, machinery and equipment exceed the noise emission limits set out at page 8 of the Acoustic Report (September 2013, Hilson Moran). The applicant shall ensure alterations to or the introduction of new plant or equipment post substantial completion of the development does not exceed the cumulative noise levels set at page 8 of the Acoustic Report (September 2013, Hilson Moran).

REASON: To accord with the mitigation measures set out within the Acoustic Report (September 2013, Hilson Moran) accompanying the planning application, in the interests of amenity of sensitive receptors. To accord with LDF Policy PMD1.

31) Mechanical ventilation for restaurants and cafes, drinking establishments and hot food take-away

Prior to the occupation of any unit within the development for Use Class A3 (Restaurants and Cafes), A4 (Drinking Establishments) and A5 (Hot Food Take-away) purposes, details of any mechanical ventilation or other plant associated with such a unit shall be submitted to and approved by the Local Planning Authority such details to include specification of filtration, deodorising systems (where applicable), noise output and termination points. The approved ventilation equipment and / or other plant shall be installed and commissioned prior to the occupation of that unit and shall be maintained in proper working order thereafter throughout the occupation of the unit for Use Class A3 (Restaurants and Cafes), A4 (Drinking Establishments) and A5 (Hot Food Take-away) purposes.

REASON: The application contains no such details. Such measures are required in the interests of amenity and to accord with LDF Policy PMD1.

32) Notification

The Local Planning Authority shall be notified in writing within 7 days of the

Planning Committee 16th January 2014 Application Reference: 13/00880/OUT

dates of the following:

a) Implementation of planning permission; b) Commencement of a new phase of development; c) Completion of each phase of development;

REASON: To enable the Local Planning Authority to control and monitor the site to ensure compliance with the planning permission.

Informatives;

1 Anglian Water advises: “An application to discharge trade effluent must be made to Anglian Water and must have been obtained before any discharge of trade effluent can be made to the public sewer. Anglian Water recommends that petrol / oil interceptors be fitted in all car parking/washing/repair facilities. Failure to enforce the effective use of such facilities could result in pollution of the local watercourse and may constitute an offence. Anglian Water also recommends the installation of a properly maintained fat traps on all catering establishments. Failure to do so may result in this and other properties suffering blocked drains, sewage flooding and consequential environmental and amenity impact and may also constitute an offence under section 111 of the Water Industry Act 1991.”

Documents: All background documents including application forms, drawings and other supporting documentation relating to this application can be viewed online: www.thurrock.gov.uk/planning/13/00880/OUT

Alternatively, hard copies are also available to view at Planning, Thurrock Council, Civic Offices, New Road, Grays, Essex, RM17 6SL.