Agenda item

Application for demolition of existing buildings and structures, erection of buildings for B2/B8 use with ancillary offices and welfare floorspace, gatehouse, service yards, parking and circulation routes, together with revised access from Peckleton Lane, associated hardstanding, landscaping, diversion of bridleway R119 and ancillary works

 

Late items received after preparation of main agenda:

 

Consultations:-

 

Since the preparation of the agenda additional comments have been received from the following:

 

Desford Parish Council make the following points:

 

            1)        Noise abatement: planning officers should be satisfied that there are sufficient acoustic fences and bunds plus tree planting in place to mitigate any nuisance

            2)        Light pollution: planning officers should be satisfied that the lighting is positioned to have a minimal effect on surrounding properties

            3)        The number of car parking spaces has increased from 500 (in the C2 application) to 865, which will mean more light traffic through both Desford & Peckleton

            4)        the bus stops are 900m away and not many people will walk this far

            5)        The new housing estate on Peckleton Lane plus that on Barns Way, will add to the number of vehicles in the centre of the village. The junction at Peckleton Lane/High Street and the central roundabout will be even more congested at peak times and the cumulative effect of all 3 developments should be taken into account

            6)        We are pleased to note that a financial contribution is proposed towards measures to improve the traffic flow at the junction of Dan’s Lane with the A47

            7)        The Parish Council is extremely concerned and dismayed to note that the proposed junction at the site entrance (proposed by the developer with the backing of the Parish Council and local residents) has been rejected by LCC Highways. The previous developer-proposed version would have made it difficult for lorries to turn left out of the site and thereby ensure that HGV traffic through the village of Desford would have been severely restricted. The Parish Council deplores this unnecessary change by LCC Highways which will only lead to more HGV traffic in the village.

            8)        Because of the retrograde decision of LCC Highways to reinstate a standard junction at the site entrance, it makes it even more important to ensure that traffic calming measures are introduced and we request that LCC Highways ask for measures such as chicanes, to be installed on Peckleton Lane; specifically the stretch between the site entrance and the brow of the hill approaching the built up area

            9)        We request that the footpath on Peckleton Lane southwards from the village is extended as far as the site entrance and is wide enough to accommodate cyclists, to encourage employees to cycle to work

         10)        We request that a new footpath is constructed from the new site entrance to connect with the footpath from the Caterpillar entrance, so that employees walking to the bus stop on the A47 can do so in safety

         11)        We request that the shift times of the new tenant companies be coordinated with Neovia & Caterpillar

         12)        We request that the route of the footpath at the back of the Norfolk Road (connecting Kirkby Road and Peckleton Lane) and through the biodiversity site be located further away from property boundaries and be suitably enclosed to prevent trespassing. We request that the Parish Council is consulted on the details of the design

 

Peckleton Parish Council make the following points:

 

            1)        Peckleton Parish Council would like S106 monies from this development to be set aside for traffic calming in Peckleton and Kirkby Mallory

 

Publication:-

 

Since the publication of the agenda one additional neighbour comment has been received making the following comments:

 

            1)        The application for change of use and development of this site will cause distress to home owners in the locale, be detrimental in respect of both air and noise pollution and result in 'Hundreds' of additional vehicle journeys per day. The road through Peckleton village and Peckleton Common is already a 'race track' and rat run for vehicles coming to and from the A447. The speed and size of vehicles is frightening and the Weight limit is NEVER policed. To even consider this type of development, on top of the proposed change of use for the New Farm site, would be a disaster for all homeowners in the vicinity. Noise from the proposed multi use site would be 24/7, ruining the health and lives of those unfortunate enough to live close by. I strongly object to this development and ask that the members of the Planning Committee reject this application out of hand.

 

Appraisal:-

 

Matters of noise, light and air pollution have been considered by Environmental Health, the supporting technical details demonstrate that the proposed development will not have undue detriment to surrounding residential properties, as addressed in the report to Committee.

 

With regards to matters of access, traffic, and parking, the Local Highway Authority have considered the proposed development by way of its use and scale and have not objected to the proposed development subject to the conditions and obligations as identified in the original report to committee (which includes a new bus stop and diverted bus service to this new stop and an upgraded footpath to the front of the site extending north and south). The LHA do not require traffic calming in the villages of Peckleton and Kirby Mallory as a result of traffic from this proposed development.

 

HBBC cannot control the shift pattern of prospective occupants of the units. HBBC have considered the proposed hours of operation and found these to be acceptable.

 

The change to the wording of the some conditions is necessary to allow for phasing of the development. This will allow for details to be agreed prior to the units first being brought in to use and would also allow for demolition of existing buildings prior to some details being submitted where that is considered acceptable.  These conditions are considered to be more precise. Other pre-commencement conditions still remain as printed on the agenda.

 

Condition 2 has been amended to remove reference to plans already included with condition 21 and 22, to avoid repetition.

 

Condition 42 has been amended to incorporate the requirement of 6 month bus passes in to an updated Framework Travel Plan rather than as a s.106 obligation. 

 

Recommendation:-

 

The recommendation has not changed form that printed on the agenda.

 

Amend the following conditions:

2.            The development hereby permitted shall not be carried out otherwise than incomplete accordancewith thesubmitted applicationdetails, asfollows:

 

            Site LocationPlan (20011_PL01)Received 28September 2020

            Unit 1- Proposed GA Ground Floor Plan (2011_PL11) Received 28September 2020

            Unit 1- Proposed Roof Plan (2011_PL12) Received 28 September 2020Unit 1 – Proposed Office Plans (2011_PL13) Received 28 September 2020Unit 1-Proposed Elevations(2011_PL15) Received28 September2020

            Unit 1- Proposed Sections (2011_PL16) Received 28 September 2020Unit 2- Proposed GA Ground Floor Plan (2011_PL21) Received 28September 2020

            Unit 2- Proposed Roof Plan (2011_PL22) Received 28 September 2020Unit 2 – Proposed Office Plans (2011_PL23) Received 28 September 2020Unit 2-Proposed Elevations(2011_PL24) Received28 September2020

            Unit 2- Proposed Sections (2011_PL25) Received 28 September 2020Unit 3- Proposed GA Ground Floor Plan (2011_PL31) Received 28September 2020

            Unit 3- Proposed Roof Plan (2011_PL32) Received 28 September 2020Unit 3 – Proposed Office Plans (2011_PL33) Received 28 September 2020Unit 3-Proposed Elevations(2011_PL35) Received28 September2020

            Unit 3- Proposed Sections (2011_PL36) Received 28 September 2020Unit 4- Proposed GA Ground Floor Plan (2011_PL41) Received 28September 2020

            Unit 4- Proposed Roof Plan (2011_PL42) Received 28 September 2020Unit 4 – Proposed Office Plans (2011_PL43) Received 28 September 2020 Unit 4-Proposed Elevations(2011_PL45) Received28 September2020

            Unit 4- Proposed Sections (2011_PL46) Received 28 September 2020Unit 4- Proposed Gate House (2011_PL47) Received 28 September 2020Cycle Shelters(20011_PL51) Received28 September2020

            Waste Compound enclosures (20011_PL52) Received 28 September 2020Proposed substation enclosures (20011_PL53) Received 28 September 2020Proposed Estate Gatehouse (20011_PL54) Received 28 September 2020Proposed Finished Levels (DWG 60-01 Rev P1) Received 28 September2020

            Proposed Site Plan (ref: 20011_PL04_G); received 16 March 2021Proposed Plot Demise (2011 PL07_B) received 14 March 2021Landscape Masterplan (ref: 3565-101 Rev G); received 11 March 2021Landscape Masterplan (ref: 3565-102 Rev G); received 11 March 2021Landscape Masterplan(ref: 3565-103Rev G);received 11March 2021

            Planting Plan(Sheet 1of 6)(ref: 3565-201Rev B);received 11March 2021

            Planting Plan(Sheet 2of 6)(ref: 3565-202Rev B);received 11March 2021

            Planting Plan (Sheet3 of6) (ref:3565-203 RevB); received11 March2021

            Planting Plan (Sheet 4 of 6) (ref: 3565-204 RevB); received 11March 2021

            Planting Plan (Sheet5 of6) (ref:3565-205 RevB); received11 March2021

            Planting Plan (Sheet 6 of 6) (ref: 3565-206 Rev B) received 11 March 2021External Lighting Layout (1625-ESC-00-ZZ-DR-E-2100 Rev P7) received 2December 2020

            External Access Road Lighting Layout 1625-ESC-00-ZZ-DR-E-2100 Rev P6)received 2December 2020

 

7.         Prior to occupation of any unit, the details for the alteration of the boundary treatment to Kirkby Road recreation ground to provide access to the open space should be submitted to the local planning authority for approval. The alterations shall be carried out in accordance with the approved details within 3 months of the land being made accessible to the public.

 

Reason: To ensure there is adequate linkages from the site to existing open spaces in accordance with Policy 7 and 8 of the Core Strategy (2009).

 

14.         Prior to any phase of development commencing, excluding demolition, a Construction Traffic and Environmental Management Plan shall be submitted to and agreed in writing by the LPA. The plan shall detail as a minimum, wheel cleansing facilities, vehicle parking facilities, and a timetable for their provision and how during the site preparation and construction phase of the development, the impact on existing and proposed residential premises and the environment shall be prevented or mitigated from dust, odour, noise, smoke, light and land contamination. The plan shall detail how such controls will be monitored. The plan will provide a procedure for the investigation of complaints. The agreed details shall be implemented throughout the course of construction for the whole development area.

 

Reason: To minimise disruption to the neighbouring residents in accordance with Policy DM7 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

24.      Prior to any phase of development commencing, excluding demolition, nodevelopment approved by this planning permission shall take place until suchtime as details in relation to the management of surface water on site duringconstruction for that phase of the development has been submitted to, and approved inwriting by the Local Planning Authority. The development of that phase shall be carried outin fullaccordance withthe approveddetails.

Reason: To prevent any increase in flood risk, maintain the existing surfacewater runoff quality and to prevent damage to the final water managementsystems through the entire development construction phase in accordancewith Policy DM7 of the Site Allocations and Development ManagementPolicies DPD.

30.       No development other than demolition shall commenceon siteuntil aBiodiversity ManagementPlan for the site which shall set out the site-wide strategy for protecting andenhancing biodiversity including the detailed design of proposed biodiversityenhancements, a timetable for their implementation and completion anddetails of their subsequent management once the development is completed,has been submitted to the local planning authority for their approval in writing.The submitted plan shall include all retained and created habitats includingSUDs and all landscaping. Development shall be implemented and thereaftermaintained in accordance with the approved Management Plan. Thesubmitted Plan shall be based on the advice and identified mitigationcontained within Ecological Assessment (8786M.EcoAs.vf1) dated September2020.

Reason: To enhance the ecological value of the proposed development inaccordance withPolicy DM6of theSADMP

 

33.         Notwithstanding the submitted plans, no part of the development shall be first brought in to use until a revised access drawing has been submitted to and approved in writing by the Local Planning Authority that includes details of a scheme of widening to Peckleton Lane to 7.3m between the proposed access and adjacent Neovia access to the south. The drawing shall also include identification of appropriate signing directing vehicular traffic from the site access. No part of the development permitted shall be occupied until the approved scheme has been implemented in full.

 

Reason: To ensure that vehicles entering and leaving the site may pass each other clear of the highway, in a slow and controlled manner, in the interests of general highway safety and in accordance with the National Planning Policy Framework (2019).

 

36.         The parking and turning facilities associated with each individual plot shall be implemented in accordance with drawing number Drawing No. 20011_PL04 Rev H prior to the first occupation of that unit. Thereafter the onsite parking provision shall be so maintained in perpetuity.

 

Reason: To ensure that adequate off-street parking provision is made to reduce the possibility of the proposed development leading to on-street parking problems locally (and to enable vehicles to enter and leave the site in a forward direction) in the interests of highway safety and in accordance with the National Planning Policy Framework (2019).

 

37          No development within plots 2, 3 and 4 as shown on Drg No: 20011 PL07 Rev: B, excluding demolition, shall take place until a scheme for the treatment of the Public Right(s) of Way has been submitted and approved in writing by the Local Planning Authority. Such a scheme shall include a detailed design for the relocation and reconstruction of the diverted bridleway R119, provision for management during construction, fencing, surfacing (which will be tarmacadam), width (which will be 3m), structures, signing and landscaping (including one metre verge each side) in accordance with the principles set out in the Leicestershire County Council’s Guidance Notes for Developers and Drawing Title SD/11/6 (Revision D) of the Leicestershire Highways Design Guide. The diverted bridleway shall be constructed in accordance with the approved details and completed to the satisfaction of the Local Planning Authority and made available for public use prior to the closure of the existing Bridleway.

 

Reason: to protect and enhance Public Rights of Way and access in accordance with Paragraph 98 of the National Planning Policy Framework (2019).

 

39          Prior to construction of the diverted section of the bridleway, changes to existing boundary treatments running alongside the Public Right of Way, must be approved by the Local Planning Authority in accordance with the principles set out in the Leicestershire County Council’s Guidance Notes for Developers.

 

Reason: in the interests of protecting and enhancing Public Rights of Way and access in accordance with Paragraph 98 of the National Planning Policy Framework (2019).

 

40          Prior to the completion of the diverted section of the bridleway, a signing scheme in respect of the Public Right(s) of Way, should be formulated by the developer and approved by the Local Planning Authority in accordance with the principles set out in the Leicestershire County Council’s Guidance Notes for Developers.

 

Reason: to ensure the path is easy to follow through the development in the interests of protecting and enhancing Public Rights of Way and access in accordance with Paragraph 98 of the National Planning Policy Framework (2019).

 

42.         No individual unit hereby permitted shall be first brought in to use until a framework Travel Plan, which sets out actions and measures with quantifiable outputs and outcome targets (including the offer of a six month bus pass for all employees) for that unit has been submitted to and approved in writing by the Local Planning Authority. Thereafter the agreed Travel Plan shall be implemented in accordance with the approved details.

 

Reason: To reduce the need to travel by single occupancy vehicle and to promote the use of sustainable modes of transport in accordance with the National Planning Policy Framework (2019).

Application for demolition of existing buildings and structures, erection of buildings for B2/B8 use with ancillary offices and welfare floorspace, gatehouse, service yards, parking and circulation routes, together with revised access from Peckleton Lane, associated hardstanding, landscaping, diversion of bridleway R119 and ancillary works.

 

Notwithstanding the officer’s recommendation that permission be granted, some members felt that the development would be detrimental to residential amenity due to the overbearing nature of unit 1 and they felt that the proposed development was therefore contrary to policy DM10. Councillor Sheppard-Bools, seconded by Councillor R Allen, proposed that permission be refused for these reasons. Upon being put to the vote, the motion was CARRIED and it was

 

RESOLVED – permission be refused for the following reason:

 

the positioning of unit 1 closer to the road than the existing buildings on site brings built development closer to residents’ properties on Peckleton Lane. The scale and height of unit 1 and its proximity to the road would create a dominant building that would have an adverse overbearing impact on surrounding residents which would be detrimental to their residential amenity and contrary to policy DM10 of the Site Allocations and Development Management Policies DPD.

 

Councillor Hollick abstained from voting as he had not been present for the whole of the debate.