Case Officer: Sarah Scott File No: CHE/13/00781/EOT Tel. No: (01246) 345786 Plot No: 2/544 Ctte Date: 31st March 2014 ITEM 7 EXTENSION OF TIME TO CHE/0502/0312 (MARKHAM VALE) - COMMERCIAL (NOT MAJOR RETAIL) OFFICE, INDUSTRIAL AND WAREHOUSE DEVELOPMENT NEW AND ALTERED ROADS (INCLUDING A MOTORWAY JUNCTION) LAND RECLAMATION, GROUND RE- MODELLING, DRAINAGE LANDSCAPING AND RE-USE OF RAILHEADS ON 360 HECTARES OF LAND IN BOLSOVER, STAVELEY AND SUTTON- CUM-DUCKMANTON ON BOTH SIDES OF THE M1 IN THE VICINITY OF THE FORMER MARKHAM COLLIERY A632 (CHESTERFIELD ROAD) ERIN ROAD, LOWGATES, ECKINGTON ROAD, HALL LANE AND THE A619 SOUTH OF STAVELEY AND LAND OFF, CHESTERFIELD ROAD, ERIN ROAD, LOWGATES, ECKINGTON ROAD AT MARKHAM EMPLOYMENT GROWTH ZONE, MARKHAM LANE, CHESTERFIELD, DERBYSHIRE, S44 5HS FOR DERBYSHIRE COUNTY COUNCIL AND HENRY BOOT DEVELOPMENTS LTD 1.0 CONSULTATIONS DCC Highways Comments received dated 08/01/2014 and 19/03/2014 – no objections to proposed EOT App. acknowledging that conditions 9, 10, 11 and 18 (relating to highways matters) are no longer required. DCC Planning Comments received dated 31/01/2014 and 28/02/2014 – no objections to the proposed EOT App. as the development accords with local and national policy and is therefore supported for a further 10 years consent. Highways Agency Comments received dated 07/01/2014 and 12/03/2014 – no objections subject to previous conditions. Environment Agency Comments received dated 10/01/2014 – no objections subject to previous conditions. Yorkshire Water Comments received dated 24/12/2013 – no objections subject to previous conditions. English Heritage Comments received dated 15/01/2014 – advise that EOT should be determined in accordance with national / local policy guidance and the Council’s own conservation advice. 89 Derbyshire Wildlife Comments received dated 06/02/2014 – no Trust objections subject to previous conditions. DCC Archaeology Comments received dated 07/01/2014 and 14/03/2014 – no objections subject to previous conditions. Sheffield City Council No comments received Environmental Comments received dated 15/01/2014 and Services 03/03/2014 – no objections to accompanying Noise Assessment and changes associated. Design Services Comments received dated 07/01/2014 and 11/03/2014 – no objections subject to previous drainage conditions. Economic Comments received dated 21/02/2014 – no Development objections but seek a condition in respect of a local labour clause being imposed. Fire Officer No comments received Chesterfield Cycle No comments received Campaign Ward Members No comments received Staveley Town No comments received Council Neighbours/Site One letter of representation received Notice 2.0 THE SITE & SITE HISTORY 2.1 The site the subject of this application covers the entire Markham Vale site, formerly known as MEGZ. 2.2 Outline planning permission was granted in April 2005 for the MEGZ development under application CHE/0502/0312. The application was described as: ‘Commercial (not major retail), office, industrial and warehouse development; new and altered road (including a new motorway junction); land reclamation, ground re-modelling, drainage, landscaping and re-use of railheads on 360 hectares of land in Bolsover, Staveley, Sutton-cum-Duckmanton on both side of the M1 in the vicinity of the former Markham Colliery, A632 (Chesterfield Road), Erin Road, Lowgates, Eckington Road, Hall Lane and the A619 south of Staveley at land off Chesterfield Road, Erin Road, Lowgates and Eckington Road.’ 90 and proposed: The development of 11 new employment areas totalling 85 hectares; A new motorway junction (29A) on the M1; New or improved roads linking the motorway junction and the new employment sites to existing roads in the area; Environmental improvements on some 201 hectares, the majority of which were occupied as tips; Retention of existing railway sidings; and The provision of hotel / conference facilities. 2.3 The application site is spread across the Council boundaries of Chesterfield Borough, Bolsover District and North East Derbyshire. Permission was conditionally granted by Chesterfield Borough Council subject to fifty three planning conditions. 2.4 Since the granting outline planning consent, a number of reserved matters / full applications for the Markham Vale site have been received and determined as follows: CHE/08/00268/REM - Reserved matters for industrial and warehousing buildings on Plot 1a on Plot 5 and Plot 1b. Conditional permission 26th June 2008. CHE/08/00424/REM - Approval of reserved matters for CHE/0502/0312 for Plot 1 north and Plot 1 south. Conditional permission 22nd October 2008. CHE/08/00382/REM - Approval of reserved matters of application CHE/0502/0312 for the construction of four industrial units on Plot 5 east. Conditional permission 20th November 2008. CHE/09/00536/REM - Approval of reserved matters for Plot 5 JRM Ltd. Conditional permission 23rd October 2009. CHE/09/00510/REM - Approval of reserved matters for Plot 5, MSE Hiller. Conditional permission 19th November 2009. CHE/09/00778/REM1 - Variation of Condition 21 of Planning Permission CHE/0502/0312 (MEGZ). Approved 23rd April 2010. 91 CHE/11/00566/FUL - Proposed erection of a restaurant with drive through facility, car parking and associated access, landscaping and drainage works for Plot 7 McDonalds. Conditional permission 1st November 2011. CHE/11/00592/REM - Construction of a warehouse & distribution unit (Class B8), with ancillary offices, access and car parking arrangements and associated infrastructure for Plot 2 south Andrew Page. Conditional permission 14th November 2011. CHE/13/00014/REM1 - Variation of conditions 7, 11, 20, 21, 47, 49 and 50 of CHE/0502/0312 - Markham Vale (MEGZ) Regeneration Scheme - conditions 12 and 23 removed from application by letter dated 6th June 2013. Conditional permission 24th September 2013. CHE/13/00288/REM - Construction of Class B2 unit including office and storage space, with associated landscaping, and associated access and car parking arrangements for Plot 5 Ready Egg. Conditional permission 8th July 2013. CHE/13/00322/FUL - Proposed erection of petrol filling station (sui generis) with ancillary retail floorspace (for the sale of convenience goods including food, cards and newspapers, stationary and a sandwich shop) and drive thru cafe/restaurant (Use Class A3), with associated car parking, access arrangements and landscaping works for Plot 7 Eurogarages and Starbucks. Conditional permission 23rd July 2013. CHE/13/00429/REM - Construction of Class B8 unit, with office space with associated landscaping, access and car parking arrangements for Plot 5 Holdsworth Foods. Conditional permission 2nd October 2013. CHE/13/00539/OUT - Outline planning permission (with all matters reserved) for the proposed erection of retail units (Use Class A1), restaurant with drive thru facility (Use Class A3), and public house (Use Class A4), and associated infrastructure. Conditional permission 19th November 2013. CHE/13/00846/REM - Application for approval of reserved matters for access, appearance, landscaping, layout, scale for public 92 house/restaurant - Planning Application CHE/13/00539/OUT. Pending consideration. 3.0 THE PROPOSAL 3.1 The application (which has also been submitted to Bolsover District Council and North East Derbyshire District Council) seeks an extension of time to implement the outline planning permission originally granted under application ref no. CHE/0502/0312. Permission was granted on 14th April 2005 fro a period of 10 years. 3.2 The extension of time submission includes a Noise Assessment and revisions to the Markham Vale Design Framework, which accompany changes sought to some of the original conditions of the outline planning permission as part of this latest application. 3.3 The original planning application was deemed to be EIA development and the original planning application was accompanied by an Environmental Statement. On this basis this latest application is accompanied by an updated Transport Assessment, an ES Addendum dated January 2013 and ES Appendices (submitted via email dated 19/12/2013) which seek to address changes in policy or other material considerations which have occurred since the previous grant of planning permission. 3.4 In respect of the above an accompanying letter prepared by Alliance Planning dated 27th November 2013 sets out which of the 53 original planning conditions the applicants seeks renewal of, and those which they consider are required to be amended or deleted. 4.0 PROCEDURE 4.1 The application has been submitted in accordance with the Town and Country Planning (General Development Procedure) (Amendment No. 3) (England) Order 2009 (SI 2009 No. 2261) and the Guidance issued by DCLG in October 2010 (Greater Flexibility for Planning Permissions), specifically under the exception of Paragraph 20. 4.2 Paragraph 20 of the Guidance allows Local Planning Authorities to extend outline planning permission with the ability to extend the time through which reserved matters applications can be submitted 93 in respect of the un-implemented phases of an outline planning application. The paragraph allows for such an extension in time where ‘the application has been submitted in outline and is to be implemented in phases, and one or more of the phases has begun. Under these circumstances, the procedures apply as long as the development was required or expressly permitted to be implemented in phases when the outline planning permission was originally granted by the local planning authority.’