02 February 2018 Mr Andrew Thompson Charnwood Borough Council Our Ref CRTR-PLAN-2018-23999 Planning Services Your Ref P/17/2604/2 Southfield Road Loughborough Leicestershire LE11 2TN Dear Mr. Thompson, Proposal: Redevelopment and conversion of existing Mill Building to residential-led mixed use development including new 5 storey buildings to create a total of 210no. 1 and 2 bedroom flats and new commercial space including approximately 369sqm of retail (Use Class A1), restaurant/café (Use Class A3), residents gym (Use Class D2), and offices. The proposed works include associated works including demolition of parts of the existing building, new public realm, landscaping and car parking including the reconfiguration of existing car parking for the use by Preci Spark Location: 1 Morley Street, Loughborough Waterway: River Soar/Grand Union Canal Thank you for your consultation. The Canal & River Trust (the Trust) is the guardian of 2,000 miles of historic waterways across England and Wales. We are among the largest charities in the UK. Our vision is that “living waterways transform places and enrich lives”. We are a statutory consultee in the development management process. The Trust has reviewed the application. This is our substantive response under the Town and Country Planning (Development Management Procedure) (England) Order 2015. On the basis of the information available our advice is that suitably worded conditions and a legal agreement are necessary to address the following matters. Our advice and comments are detailed below: Impact on the Structural Integrity of the Grand Union Canal The application site lies adjacent to the Grand Union Canal and the single storey extensions to the existing Mill building that are proposed to be demolished immediately adjoin the canal towpath, and are only 2.5- 3.0m from the canal edge. The proposed new 5 storey extension at the south-east corner of the Mill building will extend almost to the site boundary with the canal towpath, and at its nearest point will only be about 3.0m from the canal bank. Canal & River Trust Fradley Junction, Alrewas, Burton-Upon-Trent, Staffordshire, DE13 7DN T 0303 040 4040 E [email protected] W www.canalrivertrust.org.uk Patron: H.R.H. The Prince of Wales. Canal & River Trust, a charitable company limited by guarantee registered in England and Wales with company number 7807276 and registered charity number 1146792, registered office address First Floor North, Station House, 500 Elder Gate, Milton Keynes MK9 1BB P a g e | 1 Demolition and construction operations in close proximity to the canal have the potential to increase loads on the adjacent canal and towpath or otherwise create land instability which could adversely affect the structural integrity of both the canal and the towpath. As you are aware, land stability is a material planning consideration and is referred to in paragraphs 120- 121 of the NPPF and is the subject of more detailed discussion in the NPPG (see http://planningguidance.planningportal.gov.uk/blog/guidance/land-stability/land-stability- guidance/). We consider that this advice and guidance is clear in identifying that the planning system has a role to play in minimising the risk and effects of land stability on property, infrastructure and the public. We therefore consider that it is essential to secure a detailed methodology for all demolition and construction operations before development commences on site. Care will be required during all demolition and site clearance works in order to avoid damage to the structure of the towpath and the canal. Measures will be required to prevent dust or other material entering the canal during demolition works, and should access to the towpath need to be temporarily restricted, or access be required to the canal (including any oversailing of the canal or towpath or any other restriction on use of the towpath or navigation along the canal), it is essential that the prior consent of the Trust is first obtained. We would recommend that the applicant/developer contact the Trust’s Infrastructure Services Team for further advice and to ensure that any necessary consents from the Trust can be obtained (please contact Shom Khan, Senior Works Engineer, at [email protected] or on 07714 412759 in the first instance). Condition No development shall take place until a Method Statement for the demolition of the single storey buildings/structures facing the Grand Union Canal towpath and for the construction operations required to construct the extension to the southern corner of the Mill building has first been submitted to and approved in writing by the Local Planning Authority. Such statement shall demonstrate that demolition and construction operations (including the design of the foundations for the extension) will not impose additional loading onto the canal washwall that will adversely affect its stability or structural integrity. The statement shall include details of the arrangements for undertaking any monitoring regimes or mitigation measures as may be necessary to ensure that the risk of damage to the canal structure is adequately minimised (for example, vibration monitoring if piled foundations are proposed, or works to strengthen the existing canal washwall to accommodate increased loads). The development shall thereafter only be carried out in accordance with the approved Method Statement. Reason In the interests of minimising the risk of creating land instability arising from demolition operations, foundation construction, earthmoving, excavations or other construction works which would adversely affect the structural integrity of the adjacent Grand Union Canal in accordance with the advice and guidance on land stability contained in paragraphs 120-121 of the National Planning Policy Framework 2012 and in the National Planning Practice Guidance. It is necessary to agree the Method Statement before development commences in Canal & River Trust Fradley Junction, Alrewas, Burton-Upon-Trent, Staffordshire, DE13 7DN T 0303 040 4040 E [email protected] W www.canalrivertrust.org.uk Patron: H.R.H. The Prince of Wales. Canal & River Trust, a charitable company limited by guarantee registered in England and Wales with company number 7807276 and registered charity number 1146792, registered office address First Floor North, Station House, 500 Elder Gate, Milton Keynes MK9 1BB P a g e | 2 order to secure an appropriate approach to all site demolition, clearance, development and construction operations from the outset. Impact on the Canal Towpath The submitted Landscape Masterplan shows a new pedestrian access onto the canal towpath immediately south of the Mill building (although the Proposed Site Plan is less clear); access from the canal towpath to the proposed bike store within the Mill building may also be possible. Access to the towpath is also referred to within the Design and Access Statement. The site has a total canal-facing boundary some 250m in length, and the stretch along Mill building frontage as far as the proposed towpath access point is approximately 75m. Currently the towpath in the vicinity of the site comprises a narrow track with grass verges either side. The demolition works to remove the single storey structures in front of the Mill building are likely to require access onto the towpath and possibly even temporary closure of the towpath. We therefore ask that a Construction Environment Management Plan is secured via a planning condition to ensure that towpath users are appropriately protected during all such operations, including a requirement to make good any damage to the adjacent canal towpath as may be caused by demolition operations. Condition The development (including all demolition works) shall proceed only in strict accordance with a Construction and Environmental Management Plan which has been submitted to and approved in writing by the local planning authority and thereafter the development shall be carried out in accordance with the approved details. The Plan shall include/provide for: a) the parking of vehicles of site operatives and visitors; the loading and unloading of plant and materials; the storage of plant and materials used in constructing the development; b) measures to control the emission of dust and dirt during construction; c) details of protective measures (both physical measures and sensitive working practices) to avoid impacts during construction and demolition; d) details of all works required to make good any damage or other adverse impacts on the adjacent canal towpath arising from demolition and construction operations adjacent to the towpath. e) a timetable to show phasing of construction activities to avoid periods of the year when sensitive wildlife could be harmed (such as when badgers, reptiles and amphibians are active and during bird nesting seasons); f) Persons responsible for: i) Compliance with legal consents relating to nature conservation; ii) Compliance with planning conditions relating to nature conservation iii) Installation of physical protection measures during construction; iv) Regular inspection and maintenance of the physical protection measures and monitoring of working practices during construction; v) Provision of training and information about the importance of Environment Protection measures to all construction personnel on site. Canal & River Trust Fradley Junction, Alrewas, Burton-Upon-Trent, Staffordshire, DE13 7DN T 0303 040 4040 E [email protected] W www.canalrivertrust.org.uk