AGENDA ITEM 7 COMMITTEE: DEVELOPMENT CONTROL DATE: 11TH JANUARY 2017 SUBJECT: FORMER VAUXHALL MOTORS SITE, KIMPTON ROAD – ERECTION OF 685 FLATS COMPRISED OF 424 ONE-BEDROOM AND 261 TWO-BEDROOM UNITS, RETAIL AND LEISURE (CLASS A1-A5/D2), HOTEL COMPRISING 209 BEDROOMS, CONFERENCING AND BANQUETING FACILITIES (CLASS C1), MEDICAL WELLBEING CENTRE (CLASS D1) TOGETHER WITH LANDSCAPING, CAR PARKING, NEW ACCESS AND ASSOCIATED WORKS. (APPLICANT: J2 GLOBAL CORPORATION LIMITED) (APPLICATION NO: 16/00900/FULEIA) REPORT BY: DEVELOPMENT CONTROL MANAGER CONTACT OFFICER: DAVID GAUNTLETT 546317 IMPLICATIONS: LEGAL COMMUNITY SAFETY EQUALITIES ENVIRONMENT FINANCIAL CONSULTATIONS STAFFING OTHER WARDS AFFECTED: CRAWLEY PURPOSE 1. To advise Members of a current application for full 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 2015 (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 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: • The appropriate provision of 10% shared ownership affordable housing onsite • A financial contribution to facilitate improvements to education facilities made necessary by the development • A financial contribution to facilitate waste management improvements made necessary by the development • A scheme for providing an on-site car club within the development that is exclusive to future residential occupiers (ii) 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:- (01) The development hereby permitted shall be begun not later than the expiration of three 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) 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 01, 02, 03, 04, 05, 06, 07,08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 85.1, 85.2, 85.3, 85.4, 85.5, 85.6, 85.7, 85.8, 85.9, 85.10, 85.11, 85.12, 85.13, 85.14, 85.15, 85.16, 85.17 86, 86.1, 86.2, 86.3, 86.4, 86.5, 86.6, 86.7, 86.8, 86.9, 86.10, 86.11, 86.12, 86.13, 86.14, 86.15, 86.16, 86.17, 86.18, 86.19, 86.20, 86.21, 86.22, 86.23, 86.24, 86.25, 86.26, 86.27, 86.28, 86.29, 86.30, 86.31, 86.32, 87, 87.1, 87.2, 87.3, 87.4, 87.5, 87.6, 87.7, 87.8, 87.9, 87.10, 87.11, 87.12, 87.13, 87.14, 87.15, 87.16, 87.17, 87.18, 87.19, 87.20 and 88. 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, ENV7, ENV9, ENV10, ENV14, H2, H5, LC2, LC4, S1, T2, T3, T8, U3 and IMP1 of the Luton Local Plan. (03) The premises within the retail and commercial sectors identified on GA Studio plan numbers P_L(-) 100 rev 00; P_L(-)201 rev 00; P_L(-)202 rev 00 P_L(-)300 rev 00; FL(-)400 rev 00; P_L(-)401 rev 00; P_L(-)402 rev 00; FL(-)406 rev 00; FL(-)401 rev 00; FL(-)402 rev 00; FL(-)403 rev 00; FL(-)404 rev 00; FL(-)405 rev 00; P_L(-)500 rev 00; P_L(-)501 rev 00; P_L(- )502 rev 00; P_L(-)503 rev 00; P_L(-)504 rev 00; P_L(-)505 rev 00; P_L(-)506 rev 00; P_L(-)507 rev 00; P_L(-)508 rev 00; P_L(-)509 rev 00; P_L(-)510 rev 00; P_L(-)511 rev 00; P_L(- )512 rev 00 and DP9 Napier Gateway Planning Statement (May 2016) shall only be used for A1 (Retail Units 1, 5, 6, 11 and 12); A3 (Retail Units 2, 3, 7, 10 and 13); A4 (Retail Units 4 and 8); A5 (Retail Unit 9); C1 (Hotel); D1 (Medical Wellbeing Centre); and D2 (Gym) purposes (the purposes hereby permitted) and for no other purposes including any other purpose pursuant to the relevant Classes to the Schedules to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that order with or without modification. 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, ENV9, H2, LC4 and S1 of the Luton Local Plan. (04) The gym and the retail units hereby permitted shall not be occupied until full details of the hours of operation of each unit has been submitted to and approved in writing by the Local Planning Authority. The hours of operation thereby agreed shall be implemented and maintained in perpetuity unless otherwise agreed in writing. Reason: To protect the amenities of neighbouring properties. To accord with the objectives of Policy(ies) LP1 and ENV9 of the Luton Local Plan. (05) No development shall take place until an Environmental Management Plan has been submitted to and approved by the Local Planning Authority. The approved Plan shall be adhered to throughout the works and construction period. The Plan shall include detailed information on the controls to be implemented for (i) the management of sub- contractors; (ii) external relations and liaison; (iii) nuisance (noise, dust and vibration); (iv) access and traffic management; (v) waste management; (vi) hazardous materials and contamination; (vii) site drainage and water resources; (viii) ecology and; (ix) archaeology. 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 of the Luton Local Plan. (06) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: (i) Operating hours No demolition, construction or contaminated land remediation activities, movement of traffic, or deliveries to and from the premises, shall occur other than within the hours agreed with the Local Planning Authority. Any proposed extension to these agreed hours, other than for emergency works, shall be agreed with the Local Planning Authority before work commences; (ii) the parking of vehicles of site operatives and visitors; (iii) loading and unloading of plant and materials; (iv) storage of plant and materials used in constructing the development; (v) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; (vi) wheel washing facilities; (vii) measures to control the emission of dust and dirt during construction; (viii) a scheme for recycling/disposing of waste resulting from demolition and construction works. 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 of the Luton Local Plan. (07) Prior to the commencement of development, full details of all proposed retaining walls, including site levels and sections, means of construction and facing materials shall be submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details.