AGENDA ITEM 8 COMMITTEE: DEVELOPMENT CONTROL DATE: 11TH DECEMBER 2013 SUBJECT: FORMER VAUXHALL MOTORS SITE (NAPIER PARK AND STIRLING PLACE), KIMPTON ROAD – OUTLINE APPLICATION FOR A MIXED USE DEVELOPMENT – RESIDENTIAL (CLASS C3), RETAIL (CLASS A1-A5), OFFICE (CLASS B1), STORAGE AND DISTRIBUTION (CLASS B8), HOTEL (CLASS C1) AND CASINO (SUI GENERIS) USES, NEW LANDSCAPING, PARK AND PUBLIC REALM, CAR PARKING, MEANS OF ACCESS, NEW ACCESS TO KIMPTON ROAD AND OTHER ASSOCIATED WORKS. (WITH EIA). (APPLICANT: AUGUR GROUP LTD) (APPLICATION NO: 13/00280/OUT) REPORT BY: DEVELOPMENT CONTROL MANAGER CONTACT OFFICER: DAVID GAUNTLETT 546317 IMPLICATIONS: LEGAL COMMUNITY SAFETY EQUALITIES ENVIRONMENT FINANCIAL CONSULTATIONS STAFFING OTHER WARDS AFFECTED: CRAWLEY 8/1 PURPOSE 1. To advise Members of a current application for planning permission and to seek their decision. RECOMMENDATION(S) 2. Development Control Committee is recommended to:- (a) Resolve that:- (01) The requirements of Part II of Schedule 4 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011 (as amended) are satisfied by reason of the Environmental Statement including at least the following information: (i) A description of the development comprising information on the site, design and size of the development; (ii) A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects (iii) The data required to identify and assess the main effects which the development is likely to have on the environment (iv) An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for the choice made, taking into account the environmental effects (v) A non-technical summary of the information provided under paragraphs i) to iv) above (02) The implications of the development addressed in the Environmental Statement and the mitigation measures proposed do not amount to significant adverse effects or main effects (03) That it be recorded that, in making the decision on the application, the Committee has taken into account the environmental information comprising the Environmental Statement and that this information meets the minimum requirements of Part II of Schedule 4 to the Town and Country 8/2 Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011 (as amended) (04) That the main reasons on which the reasons and considerations are based are placed on deposit for public inspection at the appropriate time and an informative to this effect will be attached accordingly to any approval notice for which planning permission may be granted. (b) Grant planning permission subject to:- (i) the satisfactory completion of an agreement under Section 106 of the Town and Country Planning Act to contain the following Heads of Terms: A financial contribution towards improvements to transport infrastructure made necessary by the development. A financial contribution to facilitate any necessary classroom expansion at nearby education facilities resulting from the development A financial contribution to facilitate any waste management improvements made necessary by the development A further financial contribution or the provision of 10% shared ownership affordable housing on-site following delivery of the food store element of the development (ii) That the Development Control Manager be authorised, in consultation with the Head of Legal Services, to agree the format of the required S106 Agreement and to incorporate a review mechanism to provide the opportunity for any up-lift in viability to be reappraised at an appropriate later stage in the light of the prevailing market conditions at that time; (iii) The referral of the application to the Secretary of State for Communities and Local Government in accordance with the Town and Country Planning (Consultation) (England) Direction 2009; and subject to the Secretary of State confirming that the application will not be called in for his determination:- (c) Grant planning permission subject to the imposition of the following conditions:- General Conditions 8/3 (01) Insofar as it relates to the detailed matters of design relating to the main access to the site from Kimpton Road for which full planning permission is sought, the development hereby permitted shall be begun not later than the expiration of five years beginning with the date of this permission. Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990. (02) In the case of any matter hereinafter reserved for the subsequent approval of the Local Planning Authority, application for this approval shall be made not later than the expiration of five years beginning with the date of this permission and the development hereby permitted shall be begun not later than whichever is the later of the following dates: (a) The expiration of seven years from the date of this permission or (b) The expiration of two years from final approval of the matters hereinafter reserved for the subsequent approval of the Local Planning Authority or in the case of approval on different dates, the final approval of the last such matter to be approved. Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990. (03) Insofar as it relates to the remainder of the development hereby approved for which outline planning permission is sought and in pursuance of the reserved matters referred to in Condition 2 above, full details and particulars of all buildings and other works hereby permitted in respect of the access, appearance, landscaping, layout and scale of the site/development, shall be submitted to and approved by the Local Planning Authority before any development is commenced. Reason: To enable the Local Planning Authority to exercise proper control over the details of development in the case of an outline planning permission granted under Article 3 (1) of the Town and Country Planning (General Development Procedure) Order, 1995. (04) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on Luton Borough Council plan numbers 8/4 01a, 01b, 01c, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16a, 16b, 16c, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26. Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area. To accord with the objectives of Policy(ies) LP1, ENV6, ENV7, ENV9, ENV10, ENV14, H2, H3, H5, S1, T3, T8, T13, U3, KR1 and IMP1 of the Luton Local Plan and the guidance of the National Planning Policy Framework. (05) This permission shall not authorise the erection of more than 625 dwelling units or exceed the employment/commercial/retail/leisure floorspace thresholds specified in the Development Specification document submitted as part of the planning application without the prior permission of the Local Planning Authority. Reason: In the interests of sustainability and to ensure consistency with the assessment on which the need for mitigation and contribution to infrastructure requirements has been based. To accord with the objectives of Policy LP1 of the Luton Local Plan and the guidance of the National Planning Policy Framework. (06) In compliance with Condition (05) hereof and for the avoidance of doubt, the net floorpsace of the Class A1 foodstore supermarket hereby permitted shall not exceed 2555 square metres, including any mezzanine or other floor(s) inserted into the building capable of use as a net sales are. No more than 25% (639 square metres) of the net sales area shall be used for the sale of comparison goods. Reason : To define the extent of the permission and in the interests of safeguarding the retail function and primacy of the town centre shopping centres in accordance with policies LP1 and S1 of the Luton Local Plan. (07) In compliance with Condition (05) hereof and for the avoidance of doubt, the cumulative net floorpsace of the Class A1 comparison retail hereby permitted shall not exceed 800 square metres, including any mezzanine or other floor(s) inserted into the building(s) capable of use as a net sales area. Reason : To define the extent of the permission and in the interests of safeguarding the retail function and primacy of the town centre shopping centres in accordance with policies LP1 and S1 of the Luton Local Plan. (08) All applications submitted for the approval of reserved matters shall be accompanied by a Design and Access Statement. 8/5 Reason: To ensure a satisfactory standard of development and in the interests of good design and sustainability. To accord with the objectives of policies LP1 and ENV9 of the Luton Local Plan and the guidance of the National Planning Policy Framework. (09) Any reserved matters applications for the employment, commercial and retail sectors of the development shall include details of proposed hours of operation. Reason: To protect the amenities of neighbouring properties. To accord with the objectives of Policy(ies) LP1 of the Luton Local Plan. (10) The Class A1 foodstore supermarket shall not commence trading or operational use unless and until the completion of at least 160 of the dwelling units within the residential phases of the development hereby permiited. Reason: To ensure that the supermarket foodstore fulfils its purpose as a centre for the local needs arising from the development and in the interests of safeguarding the safeguarding the retail function and primacy of the town centre shopping centres in accordance with policies LP1, S1 and KR1 of the Luton Local Plan. (11) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any statutory instrument revoking and re-enacting that Order, no telecommunication apparatus shall be erected or installed in excess of the maximum height of buildings hereinafter permitted and/or pursuant to any reserved matters approval without the prior permission of the Local Planning Authority.