Planning Statement: Land at Burcote Road Industrial Estate, Burcote Rd, Towcester. BlackRock (UK) Property Fund. October 2012.

Transcription

1 Planning Statement: Hybrid Application: (i) Outline planning proposal for the erection of up to 90 residential units with all matters reserved except for means of access and (ii) Full planning proposal for the erection of a new Use Class B1 and B8 building and works to improve the existing BAE Systems building together with associated parking and landscaping works. Land at Burcote Road Industrial Estate, Burcote Rd, Towcester Prepared for: BlackRock (UK) Property Fund October 2012 Prepared by: Savills (L&P) Limited 23 Shirwell Crescent Furzton Milton Keynes MK4 1GA

2 CONTENTS 1. Introduction Site & Surroundings (including Key Planning History) The Proposed Development Planning Policy Planning Assessment Summary and Conclusions 53. Page 2

3 1.0 INTRODUCTION 1.1 Savills (L&P) Ltd has been instructed by BlackRock (UK) Property Fund (the applicant) to submit a hybrid planning application for: (i) Outline planning proposal for the erection of up to 90 dwellings with all detailed matters reserved for future approval except for means of access ; and, (ii) Full planning proposal for (a) the erection of a new use class B1 and B8 employment building together with associated parking and landscape works and (b) detailed works to the existing BAE Systems building comprising elevation improvements and the provision of 32 car parking spaces together with landscaping works. 1.2 The application site is located within and adjoining the Burcote Road Industrial Estate in Towcester as identified on the accompanying site location plan. Accompanying drawing reference shows the separation between the outline and full planning areas within the application site. The full planning site area is 9,673m 2 and likewise the outline area is 27,731m 2, equating to total hybrid site area of 37,404m 2 (3.7 hectares). Background and Pre-Application Consultations 1.3 The application site is located in south Towcester. The majority of the site (approx 70%) represents brownfield employment land within the town s defined settlement limits. The remainder is outside of the settlement area and comprises disused open grassland (approx 30%). The application site is predominantly surrounded by existing development. 1.4 This planning application follows detailed pre-application consultations with the Council and other key consultees. This involved two key meetings taking place on 2 nd December 2011 and 30 th July 2012 under Council pre-application references P/2011/0282/PRM and P/2012/0154/PRM respectively. The Council has provided formal pre-application written responses following both meetings. 1.5 Savills (L&P) Ltd submitted a formal request for a screening opinion on 10 th January 2012 and the Council responded by letter dated 1 st February 2012 confirming that the proposal is not EIA development. Accordingly, there is no requirement to submit an Environmental Impact Assessment. Page 3

4 1.6 As noted in pre-application consultations with planning officers, this application is being submitted as a hybrid proposal. Officers advised that the submission would need to set out a robust justification for the loss of employment land as a key principle issue in the assessment of this proposal. This led to the decision to prepare a hybrid application. The full planning elements of this hybrid proposal relate to the proposed employment works only. The outline element relates to the erection of up to 90 units, together with the relocation of the existing site access. 1.7 As raised in detailed discussions with officers, the applicant expects a planning condition (or even a provision within a Section 106 Agreement) to be imposed that will require these employment works to be implemented to ensure the wider outline element of this hybrid proposal is acceptable. Accordingly, this hybrid approach commits the applicant to addressing the loss of employment land issue in order to be able to implement the wider residential development. This avoids any potential scenario where a developer implements the residential development, with no on-site provision in place to off-set the resulting loss of employment land. 1.8 The applicant is the freehold owner of the entire application site (red line area), and it has leasehold agreements in place with two existing on-site businesses; BAE Systems and PRP Optoelectronics. This proposal will provide a new building, with its own soft landscaping and car park, for PRP Optoelectronics to ensure it continues to operate successfully from this site. This application also proposes to make elevational improvements to the existing BAE Systems building together with soft landscaping and a 32 space car parking area. These detailed employment related works have evolved following extensive consultation with the management teams of both businesses to ensure their specific commercial and physical requirements have been catered for within this proposal. 1.9 This overarching Planning Statement addresses the key planning issues relating to this hybrid proposal which have been raised during pre-application discussions. The key issues are considered to be: loss of employment use on the site; partial development outside of the defined settlement boundary; housing need; design; highways and transport; air quality and noise; and, affordable housing and viability The type of supporting documentation required to accompany this hybrid proposal has been agreed with officers in pre-application discussions. This comprises: a site location plan, a set of outline application drawings including an indicative site layout plan and site sections, a set of full application detailed drawings for the proposed employment related works, a Planning Statement, Design and Access Statement, Transport Assessment, Travel Plan, Air Quality Page 4

5 Assessment, Noise Impact Assessment, Phase I Habitat Survey, Flood Risk Assessment (including drainage strategy), Landscape Strategy drawings, Archaeological Desk Based Assessment, Arboricultural Report, Phase I Contamination Study, Viability Appraisal (covering two scenarios), Section 106 Viability Supporting Statement and a Draft Section 106 Heads of Terms document It is acknowledged that in due course further detailed documents will be required for the approval of reserved matters pursuant to the outline element of this hybrid application, should the hybrid application be approved. Page 5

6 2.0 THE SITE AND SURROUNDINGS 2.1 As illustrated on the Site Location Plan, the application site comprises land within and adjoining the Burcote Road Industrial Estate, Towcester. The application site is identified on the accompanying site location plan and is located approximately 200m to the south of the defined town centre boundary. The Site 2.2 The overall application site is located towards the south of Towcester. According to the adopted South Northamptonshire Local Plan (1997), the majority of the site falls within Towcester s defined settlement limits, with the remainder falling outside of this boundary technically within the open countryside. The site does not contain any listed buildings, nor is it within a conservation area. 2.3 According to the Environment Agency s online flood mapping system, the site falls entirely within Flood Zone 1, which corresponds to a low risk of flooding. The accompanying Flood Risk Assessment demonstrates that the proposal would not lead to an unacceptable increase in the risk of flooding within or outside of the site. 2.4 The site extends to some 3.7 hectares; 2.7 hectares of this is previously developed land, and 1 hectare is undeveloped land. The developed area of the site, which falls within the existing industrial estate, is characterised by a mix of buildings in industrial/manufacturing/research and development uses with ancillary facilities, including car parking. 2.5 A schedule is provided in Table 1 below setting out the floor areas in respect of the buildings that have comprised the industrial estate. Following the submission of a prior notification application (ref: s/2011/111/dem), all the units numbered 2 and 3 have now been demolished in order that this part of the site complied with planning conditions from a previous planning consent. In short, this was to enable provision of car parking for the approved new building which adjoins this application site; Wood Burcote House (ref: s/2008/1387/p). 2.6 Following this demolition, the industrial estate is now left with approximately 11,000ft 2 of remaining employment buildings (10,400m 2 ). BAE Systems occupies 5,282m 2 of this remaining space, with PRP Optoelectronics in 1,040m 2. Page 6

7 Table 1: Schedule of Buildings and Vacancy Details Unit Floor Area Current Use Date Vacant (Tennant) (sq m) Unit 2a 195 Vacant Unit 2b 278 Vacant Unit 2c and part unit 599 Vacant 01/08/08 (JC Humbert) 2d Part unit 2d 199 Vacant Unit Vacant 17/08/08 (Spyker/Force India) Unit Vacant Unit 3, Boiler Room 500 Vacant Unit 3a 497 Vacant 23/06/07 (Cooper Havill) Unit 4 Stores 128 Vacant Unit 5 a+b 1,038 PRP OptoElectronics Unit Vacant 17/08/08 (Arcotronics) Unit 7a/b 3,675 Vacant 17/08/08 (Arcotronics) Unit 8a/8b & ,282 BAE Systems Unit 14 - gatehouse 29 Vacant 13/01/07 (Brian David Philip) Total 13, The industrial estate is served by vehicular and pedestrian access directly off Burcote Road towards the east of the application site, which leads to the site s communal car parking area. All the existing buildings are arranged around this central car parking area. A further area of car parking has been provided on the west side of the site, to the rear of buildings 5 and 6. The current proposal requires a slight relocation of the site s main access (it will move a fraction to the north). 2.8 The undeveloped part of the site is bound by the large industrial unit to the north, residential developments to the east and west, and open grazing land to the south. The site is separated from the land to the south by a fence and hedge. There are no footpaths across the site and no access to the industrial estate from the south. 2.9 The southern, undeveloped, side of the site is on higher ground compared to the developed part of the site and shares boundaries with Burcote Fields, Jenkinson Road and open parkland to the south. This incline would require gentle remodelling to create a more natural slope across the site as per the submitted Site Section drawings The overall site, with particular regard to the undeveloped land in the southern part of the application site, contains a number of trees as identified in the accompanying Arboricultural Report. As detailed in the accompanying Landscape Strategy and Design and Access Page 7

8 Statement, the proposed landscaping scheme will be of a high standard to help compensate for any loss of trees and to generally improve the appearance and character of the site and surroundings. The Surroundings 2.11 The site is bound to the north by residential properties along Plessey Close and Marlow Road. To the east the site is bound by further residential development along Jenkinson Road. The site is bound to the west by Burcote Road and residential properties on Burcote Fields. Whilst there is a mix of dwelling types and tenure in the locality, they are generally two storeys in height with off-road car parking The area immediately to the south of the site, in open countryside, is currently undeveloped but is subject to a planning application for an urban extension to Towcester for up to 2,750 new dwellings, employment land and a new road to by-pass the current A5 trunk route to the east. This proposed urban extension is identified within the Planning History section below and discussed in greater detail in Sections 4 and 5 of this Statement As noted, the site is accessed off Burcote Road, this in turn provides a direct link to the London Road (A5) further north of the site. The A5 provides a direct link into the town centre and Milton Keynes to the south east. There are two bus stops within 5 minutes walking distance of the application site, i.e. on Burcote Road and Marlow Road The town centre is within 200 metres of the application site providing easy access to at least 2 doctors surgeries, 2 post offices, 2 dentists, 2 pharmacies and several other essential amenities and services. Within approximately 8 miles of the application site is the county s main hospital located in Northampton; the Northampton General Hospital In light of the above, it is considered that the site represents a sustainable (predominantly brownfield) site. It is located within an area characterised by residential development and is close to several essential services, amenities and key transport links. Key Planning History 2.16 The planning history relevant to the assessment of this planning application can be separated into two categories. The first is site specific history, and indeed this has been documented in both of the Council s pre-application consultation written responses. The second is planning history from the wider district which covers one significant outline planning application Page 8

9 (currently undetermined by the Council) and various appeal decisions since 2008 from outline residential schemes similar to this current hybrid scheme in respect of planning issues covered. Burcote Road Industrial Estate 2.17 The on site planning history considered relevant to the application is set out in both of the Council s consultation written responses, the most relevant cases are summarised in the table below. Table 2: Key Site-Specific Planning History Application reference no: Address: Description: Decision Date: Decision: S/2011/1111/DEM Unit 2/3 Burcote Wood Trading Estate S/2008/1387/P S/1987/1186/P Burcote House, Burcote Wood Plessey Company Trading Estate Burcote Road Towcester Demolition of units 2 & 3 to provide an additional car parking area as per application S/2008/1387P Change of use from offices and training use (B1 & D1) to offices (B1), alterations to roof, new bin store, new closeboarded timber structure to side and external air-conditioning pipework. Retention Of Terrapin Building Housing Computer Test Facility 03/10/2011 Prior approval not required 20/11/2008 Approval 26/11/1987 Approval The Wider South Northants District Application Reference: S/2007/0374/OUTWNS decision pending Land at Towcester Vale, Towcester 2.18 Persimmon/Bloor Homes (the applicant) submitted an outline planning application in 2007 under reference S/2007/0374/OUTWNS for a significant urban extension to the south of Page 9

10 Towcester. It comprises the creation of new mixed use neighbourhood including 2,750 new dwellings, employment land and other associated infrastructure including two new schools and a new southern A5 relief road It is worth noting the extent of this outline application as its site boundary adjoins the southern boundary of the application site the subject of this hybrid proposal. The urban extension outline application is still undetermined at the time of submitting this hybrid application Should the urban extension be approved, the application site the subject of this hybrid proposal would be surrounded by development on all four boundaries, hence its relevance to this hybrid proposal. Application Reference: APP/Z2830/A/11/ decision dated 5 th September 2012 Firs Field, to the south of Litchborough Road, Bugbrooke 2.21 On the 25 th July 2011, the Council refused planning permission under reference S/2010/0547/MAO for an outline proposal for up to 70 dwellings on land outside of the settlement limits of Bugbrooke. The subsequent appeal was dismissed on 5 th September 2012 after the Inspector addressed two main issues; (i) impact of development on the countryside and (ii) the Council s housing land supply The Council published its most recent 5 year housing land supply report in August 2012, which pre-dates the Inspector s decision date. Within this document, the Council contends that it has a sufficient 5 year (+5% and 20%) housing land supply. Despite this, the Inspector concluded that there is reason to suppose that there is a shortfall in the 5 year plus 5% supply of housing land in the District (paragraph 16, appeal decision APP/Z2830/A/11/ ) Notwithstanding the Inspector s conclusion that the Council has failed to demonstrate a 5 year (+5%) housing land supply, the appeal was dismissed on the basis that the proposal would lead to an unacceptable impact on the countryside by virtue of its inappropriate location and design. Appeal Reference: APP/Z2830/A/11/ decision dated 15 th March 2012 Land off Johns Road and Pilgrims Lane, Bugbrooke, Northamptonshire, NN7 3QL 2.24 On the 6 th May 2010, the Council refused planning permission under application reference S/2010/0529/MAO for an outline proposal for up to 80 dwellings on land outside of the Page 10

11 settlement limits of Bugbrooke. A subsequent appeal was allowed on 15 th March 2012 following consideration of, essentially, the same issues that were dealt with in the above appeal, Firs Field, Bugbrooke The Inspector noted that the proposal was located in open countryside immediately outside of Bugbrooke s defined settlement boundary and because of its size and location, it would be contrary to adopted planning policies. In 2009, the Council had adopted an Interim Rural Housing Planning Policy (IRHPP) which identifies villages where permission would be granted for new development outside village confines to help address a shortfall in the District s housing land supply The Inspector systematically tested the proposal against the relevant criteria within the IRHPP, with one particular criterion being relevant, to a degree, to this hybrid proposal: whether the proposal is suitable in terms of the consolidation of an existing village boundary or formation of a sound alternative boundary that reflects and respects natural or other long term features. (paragraph 12, appeal decision APP/Z2830/ A/11/ ) In this instance, the Inspector confirmed that most of the appeal site boundaries are formed either by the boundary hedges and fences of existing houses on the edge of the village or by sizeable mature hedgerows linked to these (paragraph 12, appeal decision APP/Z2830/ A/11/ ). The Inspector was satisfied that the appeal proposal met all of the IRHPP tests and concluded the proposal would comply with adopted policy relating to sustainable development and the protection of the countryside Whilst the Inspector was of this view, it is considered that the appeal site was more open in character compared to the site subject of this hybrid scheme, where three boundaries are surrounded by development. However, should the proposed southern extension to Towcester be implemented, this would mean that all four boundaries of the subject site would be surrounded by development, which fundamentally changes the character and status of the site altogether In respect of housing land supply, the Inspector concluded that there is a significant shortfall in the five year supply of housing land in the district and that the contribution to land supply which the proposed development would make weighs heavily in its favour (paragraph 27, appeal decision APP/Z2830/ A/11/ ). The appeal was allowed. Page 11

12 Appeal Reference: APP/Z2830/A/10/ decision dated 1 st March 2011 Land north of Stratford Road, Deanshanger, Northamptonshire, MK19 6HN 2.30 On the 24 th December 2009, the Council refused planning permission under reference S/2010/0311/MAO for an outline proposal for up to 74 dwellings outside of the settlement limits of Deanshanger on open countryside. The subsequent appeal was allowed on 1 st March 2011 following consideration of one main issue; the acceptability of development outside the settlement limits The Inspector s decision notice recognised that the Council did not have a 5 year housing land supply at the time of writing his report and makes reference to two other appeal decisions that echoed this same view of the Council s housing land supply position; The Beeches, Deanshanger and Main Road, Middleton Cheney (paragraphs 7 and 8, appeal decision APP/Z2830/A/10/ ) Turning to the main issue, the Inspector noted that PPS3 (now replaced by the NPPF in 2012) indicates that where LPAs cannot demonstrate an up-to-date 5 year land supply of deliverable sites, they should consider favourably planning applications for housing having regard to the policies in PPS3. The Inspector then assessed the proposal against the policy tests in the Council s adopted IRHPP. With reference to the village boundary criterion, the Inspector notes that the site would be well contained on three sides by strong boundaries (paragraph 20, appeal decision APP/Z2830/A/10/ ) and thus the proposal would complement the existing boundaries. The Inspector concluded that whilst the proposal conflicted with countryside policies, this was outweighed by other material considerations such as the identified housing shortfall and the site being sustainable with development not adversely impacting on the character and appearance of the surrounding area. The appeal was allowed. Appeal Reference: APP/Z2830/A/09/ decision dated 22 nd September 2009 Land east of Deanshanger Road, Old Stratford, Northamptonshire, MK19 6AX 2.33 On the 11 th December 2008, the Council refused planning permission under reference S/2008/0707/PO for an outline proposal for up to 35 dwellings outside of the settlement limits of Old Stratford. The subsequent appeal was allowed following consideration of one main issue; effect of the proposal on the character and appearance of the area As per the more recent appeals referred to above, the Inspector here also concluded that the Council had failed to maintain a 5 year housing land supply. In this case, despite the site Page 12

13 having only two boundaries adjoining existing development, the Inspector concluded that the proposal would represent a sensible extension to the existing built up area of Old Stratford (paragraphs 12 and 13, appeal decision APP/Z2830/A/09/ ) The Inspector concluded that there were material considerations that outweighed the proposal being contrary to countryside policies and allowed the appeal. Page 13

14 3.0 THE PROPOSED DEVELOPMENT 3.1 The proposed development subject of this hybrid planning application has been prepared following extensive pre-application consultations with South Northamptonshire District, Northamptonshire County Council and existing businesses at Burcote Road Industrial Estate. The hybrid application is comprised of two parts shown on the accompanying plans: (i) Outline planning proposal for the erection of up to 90 dwellings with all detailed matters reserved for future approval except for means of access, and; (ii) Full planning proposal for (a) the erection of a new use class B1 and B8 employment building together with associated parking and landscape works and (b) detailed works to the existing BAE Systems building comprising elevation improvements and the provision of 32 car parking spaces together with landscaping. 3.2 The accompanying Design and Access Statement evaluates the site and surroundings and explains how this process has influenced the design and layout of this proposed development. 3.3 It is worth noting that the proposed layout drawings submitted with this application, in relation to the outline element are for illustrative purposes only. The indicative residential layout simply demonstrates that the site is capable of accommodating up to 90 units based on a mix of housing types, size and tenure. The drawings relating to the full planning element of this application are sufficiently detailed to allow the Council to assess this aspect of the proposal as if it were a standalone full planning application. Outline Planning Proposal: The erection of up to 90 dwellings with all matters reserved except for means of access. 3.4 The outline proposal comprises the development of up to 90 dwellings with associated infrastructure, car parking and landscaping. As this stage, all matters are reserved except for means of access. This outline proposal represents an opportunity to make effective use of disused brownfield land and some disused open grassland. 3.5 The indicative layout has been developed from the sketch masterplan to reflect the principles and opportunities set out at an early stage following the site analysis and as a result of preapplication advice. The proposed indicative scheme has developed to create a simple series Page 14

15 of blocks which vary to create interest but at all times ensure frontage to the key public spaces and streets. 3.6 Where existing boundary conditions require a specific response, this has been built into the indicative design, so that proposed gardens back onto existing private gardens wherever possible to create the most sympathetic relationship. 3.7 The site will be accessed by a new road from Burcote Road through into the site. As noted at in the accompanying Transport Assessment (Section 5), the new junction with Burcote Road is a simple priority junction and it is in a similar (not identical as it has moved a fraction to the north) location. Visibility in both directions would be appropriate and to the standard of a urban 30 miles per hour road. It is also of sufficient width to allow vehicles to comfortably pass so there is no issue of vehicles conflicting when entering and leaving at the same time. 3.8 In order to achieve the required visibility splays for this relocated site access, the required works will fall within Highways land ownership. This triggers the requirement to enter into a Section 278 Agreement prior to the commencement of development. 3.9 As the residential element of this proposal is in outline, the proposed layout is only indicative at this stage; furthermore, parking numbers are not finalised. However, it is anticipated that they will be provided by a mixture of garages, on plot and parking bays and will be consistent with the Council s residential parking standards The accompanying landscape strategy sets out a range of landscape parameters that will need to be complied with at the detailed reserved matters stage. In summary, the strategy provides for four water retaining attenuation ponds and a soft landscape buffer zone to the south west to ensure the site blends in with the surroundings. There is also more general soft landscaping proposed around the boundaries of the site and along the proposed residential road network The accompanying Flood Risk Assessment demonstrates that the proposed residential development would not lead to an unacceptable increase in the risk of flooding within or outside of the site. The FRA also includes a drainage assessment which shows that the existing drainage system, together with the proposed attenuation ponds, would be adequate to serve and accommodate the proposed scale of development and to ensure there is no unacceptable increase in the risk of flooding within and outside of the site. Page 15

16 3.12 As advised in pre-application discussions, this hybrid application is accompanied by an open book viability appraisal, based on the Council s preferred toolkit (Three Dragons), and a draft Section 106 Heads of Terms document The viability appraisal has been applied to two scenarios. The first relates to the full payment of all the contributions (including 40% affordable housing) that are likely to be applicable to the proposed development based on a list of infrastructure items set out in the Council s written response to the pre-application consultation meeting on 30 th July Under this scenario, the toolkit reveals that the proposed development would be unviable, i.e. the proposal is not capable of generating the resources required to meet all of the likely section 106 contributions The second scenario shows what the proposal is realistically capable of delivering insofar as contributions are concerned. It shows that contributions, including affordable housing requirements, would need to be reduced in order to ensure the proposal is viable and deliverable. The second scenario is therefore being proposed as a starting point for discussions to ultimately reach a mutually acceptable position prior to completing the required Section 106 Agreement as detailed in the draft heads of terms supporting document Detailed matters in relation to the scale, appearance, landscaping and layout of the outline residential proposal will be the subject of reserved matters submission in due course. Full planning proposal: (A) The erection of a new use class B1 and B8 employment building together with associated parking and landscape works and (B) Detailed works to the existing BAE Systems building comprising elevation improvements and the provision of 32 car parking spaces together with landscaping The proposed new building (use classes B1 and B8) has been included in this scheme to provide new accommodation for an existing on-site business, PRP Optoelectronics. The building has been designed following consultation with this company, to ensure the new facility meets their business requirements. This new building will be located to the north of the application site, adjacent to the car park serving the South Northants Homes building which itself faces onto Burcote Road The new building will comprise of two floors (ground and mezzanine), equating to a total floorspace area of 912m 2 (666m m 2 ). Vehicular access to this new building will be taken directly from the new main access into the wider site which extends from Burcote Road. Whilst this new proposed main access falls within the outline element of this hybrid proposal, Page 16

17 the existing site access, by virtue of its current position, would be sufficient to enable the full planning new building to be implemented (i.e. the new building, for construction and operational purposes, can be adequately accessed from the existing industrial estate site access). The new building will be served by 25 new parking spaces located immediately to the north and east of the new building The proposed new employment building will also include some soft landscaping in the form of trees along three of its site boundaries. This will help soften the visual impact of the proposal from surrounding uses, with particular regard to the proposed adjoining outline residential development that is subject of this hybrid application. There is a cluster of existing trees along the northern boundary of the site, adjoining the proposed new employment building, which provide good screening according to the accompanying Arboricultural Report. These trees will remain unaffected by this proposal and so will continue to offer valuable screening This new building will be generally square shaped and will include a pitched roof. Its main entrance is located on its south elevation, facing the main access road, accentuated by a small projecting canopy. All four elevations would include windows. The two high level windows on the north (rear) elevation of the new building, facing the rear of the existing residential properties along Plessey Close, are to serve an internal void area only and so will not lead to any neighbouring loss of amenity or privacy The second element of the full planning proposal, relates to works required to improve an existing employment building, namely BAE Systems. The applicant (freehold owner of the site) has discussed building requirements with BAE Systems which has influenced the detailed proposals for this part of the scheme, which includes the following items: Removal of existing building and link to rear (east) of BAE Systems; Reinstatement of rear (east) elevation of retained building to match existing brickwork and fenestration; Provision of parking to the rear (east) of retained building; Provision of walled enclosure to the rear parking area, with security gate access; Rendering of existing brickwork on north elevation, incorporating alterations to verge details; and, Page 17

18 Erection of 600mm high plinth wall along north boundary of BAE site The design and external finishes will help significantly improve the entrance and general appearance of this part of the site. It will also ensure that any views of the building from within the site (i.e. from the outline residential properties proposed to the east and south) will be enhanced from these physical improvements The full planning proposal also includes the provision of 32 car parking spaces, a requirement specified by BAE Systems in its discussions with the applicant. This includes 12 parking spaces to the front of the site (west elevation) and the remaining 19 spaces to the rear of the site (east elevation). The new parking spaces to the front of the site will be served by the existing site access directly off Burcote Road. The new parking spaces to the rear of the building will be served directly of the main new access into the site emanating from Burcote Road There are some parts of the parking spaces to the west of the BAE Systems building (sitting perpendicular to Burcote Road) located immediately outside of the applicant s ownership, i.e. on Highways owned land. Accordingly, any parking related works in this location will require the applicant to enter into a Section 278 Agreement prior to the commencement of development. As noted above, a S278 Agreement is required in any event to achieve the required visibility splays to accommodate the relocated main site access, because this work would also concern some land outside of the applicant s ownership As part of the proposed improvements to the BAE Systems site, some soft landscaping will be introduced immediately to the west, north and east of this building. Most of this landscaping will be focussed to the east of the existing building to help protect and enhance views between the two adjoining employment and residential land uses As noted in the Introduction, the detailed full planning works are required to ensure that onsite mitigation is in place to off-set the loss of some employment land (albeit largely vacant) resulting from the outline proposal. In this respect, the detailed full planning works can be seen as enabling the outline works. Accordingly, the developer will be required to implement the detailed works, at a considerable expense, in order to implement the wider outline development and indeed this abnormal expense forms part of the submitted viability appraisal. Page 18

19 4.0 PLANNING POLICY 4.1 This section sets out the key policy considerations taken from national, strategic and local policy documents that are applicable to this proposal. The Planning and Compulsory Purchase Act 2004 (Section 34a) states that planning applications should be determined in accordance with the development plan unless material considerations indicate otherwise. National Planning Policy The National Planning Policy Framework (2012) 4.2 The NPPF (2012) provides up to date planning policy at national level and is a material consideration in planning decisions (paragraph 2). It is also supported by a technical guide, namely Technical Guidance to the NPPF (2012). 4.3 At the heart of the NPPF is a presumption in favour of sustainable development. For decision making that means approving development proposals that accord with the development plan without delay (paragraph 14). The NPPF states that planning policies should aim for a balance of land uses within their area so that people can be encouraged to minimise journey lengths for employment, leisure, education and other activities (paragraph 37). 4.4 Section 1 of the NPPF states that the government is committed to delivering sustainable development in respect of building a strong and competitive economy. It states that planning policies should recognise and seek to address potential barriers to investment, including poor environment or any lack of infrastructure, services or housing (paragraphs 18 to 21). 4.5 The NPPF states that planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Land allocation should be regularly reviewed. Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or building should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities (paragraph 22). 4.6 Section 6 of the NPPF sets out policy concerning the delivery of a wide choice of high quality homes. In order to boost the supply of housing, local planning authorities should: Page 19

20 ...Identify and update annually a supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements with an additional buffer of 5% (moved forward from later in the plan period) to ensure choice and competition in the market for land. Where there has been a record of persistent under delivery of housing, local planning authorities should increase the buffer to 20% (moved forward from later in the plan period) to provide a realistic prospect of achieving the planned supply and to ensure choice and competition in the market for land; Identify a supply of specific, developable sites or broad locations for growth, for years 6-10 and, where possible, for years 11-15; For market and affordable housing, illustrate the expected rate of housing delivery through a housing trajectory for the plan period and set out a housing implementation strategy for the full range of housing describing how they will maintain delivery of a five-year supply of housing land to meet their housing target... (Paragraph 47). 4.7 Local planning authorities may make an allowance for windfall sites in the 5 year supply if they have compelling evidence that such sites have consistently become available in the local area and will continue to provide a reliable source of supply (paragraph 48). 4.8 Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites (paragraph 49). 4.9 In respect of the design of new development, the NPPF states that good design is a key aspect of sustainable development and should contribute positively to making places better for people (paragraph 56). Planning policies and decisions should aim to ensure that development optimises the potential of the site to accommodate development, create and sustain an appropriate mix of uses and support local facilities and transport networks (paragraph 58) The NPPF states that site-specific flood risk assessments will be required to accompany proposals relating to sites that are of 1 hectare or greater within Flood Zone 1 (paragraph 103). The application site extends to 3.7 hectares and so an FRA is submitted with this application. Page 20

21 4.11 The NPPF states that pursuing sustainable development requires careful attention to viability and costs in plan-making and decision-taking... To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable development to be deliverable (paragraph 173). The Development Plan East Midlands Regional Plan (2009) 4.12 The Secretary of State has made it clear, following the Cala Homes judgment in November 2010 (Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Winchester City Council [2010]) that it is the government s intention to revoke RSS and the provisions of the Localism Bill (which is now before Parliament) reflect this. The subsequent Cala Homes decision in February 2011 set out that the government s intention to legislate to revoke RSS was capable of being a material consideration. In a number of recent call-in decisions, the SoS has indicated that while taking this matter into account, he has given it limited weight given its stage in the parliamentary process. Accordingly, the EMRP (2009) is still relevant The EMRP (2009) sets out the long term spatial framework for the region to The region is divided into a number of sub-areas, Towcester sits in the southern sub-area, and within the Milton Keynes South Midlands (MKSM) sub-region (see below). The EMRP identifies Towcester as a rural service centre (Policy MKSM SRS Northamptonshire 1). The key policies in the Plan that are considered relevant to the assessment of this application are summarised below: Policy 3 Distribution of New Development; Policy 11 Development in the Southern Sub-Area; Policy 13B Housing Provision (Northamptonshire); Policy 14 Regional Priorities for Affordable Housing; Policy 20 Regional Priorities for Employment Land; and, Policy MKSM SRS Northamptonshire 1. Page 21

22 Milton Keynes and South Midlands Sub-Regional Strategy (2005) 4.14 The MKSM Strategy (2005) covers the period until The document was published jointly by Government Offices for the South East, East Midlands and East of England to provide coordinated approach for the MKSM growth area. The document pre-dates the East Midlands Regional Plan, and the policies contained within the MKSM Sub-Regional Strategy have been carried forward into the EMRP. The EMRP contains the most up to date regional housing figures. Northamptonshire County Structure Plan (2001) 4.15 The NCSP (2001) covers the period to It does not contain any saved policies of relevance to the determination of this application. South Northamptonshire Borough Council Local Plan (1997) 4.16 The Local Plan (1997), following a directive by the Secretary of State in 2007, contains a number of saved policies until superseded by new Development Plan Documents (DPD). It therefore remains the statutory planning document for development control purposes Within the Local Plan, the application site is located part within the town s defined settlement boundary, and part outside of this boundary in the countryside. The site is not the subject of any site specific allocations or policies as confirmed in the Towcester Inset 91 Plan. The site is not within a conservation area and nor does it contain any listed buildings or any other building of special architectural or historic interest. Saved local plan policies considered relevant to this application are summarised below Policy G2 (General) states that development should be concentrated in the main settlements, this includes Towcester. Policy G3 (General) sets out the general requirements for all development, including the need to be compatible with existing local character, providing satisfactory means of access, avoid harm to local amenity, avoid any adverse affect on the transportation network, incorporates suitable landscaping and has full regard to security and crime prevention Policy H3 (Towcester and Brackley) states that planning permission for residential development within the built up areas of Towcester will normally be permitted. Policy H7 (Affordable Housing) states that where demand exists, the Council will negotiate with developers to secure an element of affordable housing within larger schemes. Page 22

23 4.20 Policy E4 (Change of Use) states that planning permission will not be granted for the change of use or redevelopment of a site or building currently or last used, and which remains suitable for, industrial or commercial purposes to a non-employment use. [Clearly, the emphasis of this policy has now changed in light of the NPPF (2012) which states that planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose - see above Section 3 on national planning policy] Policy EV1 (Design) is a generic policy on design. It requires new development to pay attention to: existing site characteristics; the relationship with adjoining land and buildings; the scale, density, layout, height, massing and landscape in relation to the site and surroundings; and, the appearance and treatment of spaces between and around buildings EV21 (Hedgerows, Ponds and Other Landscape Features) states that proposals will be expected to retain wherever possible, or failing that to replace, trees, hedgerows, ponds or other landscape features where they make an important contribution to the character of the area Policy RC10 (Amenity and Children s Play Area) states that amenity and children s play areas and other appropriate facilities shall be provided within residential developments. As a minimum, proposals of 50 dwellings or more should provide: Amenity open space Children s playspace and kickabout areas Sports ground/playing fields 0.6 hectares per 1,000 population; 0.4 hectares per 1,000 population; and, 2.0 hectares per 1,000 population In addition, developers will be expected to pay a commuted sum for the future maintenance of small areas of open space where such areas are principally for the development only Policy IMP1 (Planning Obligations) states that where major development is proposed, developers will be expected, in negotiation with the planning authority, to make provision for related infrastructure and community facilities the need for which arises from the development. Page 23

24 Other Local Planning Policy Guidance 4.26 In addition to Local Plan policies, there are a number of adopted Supplementary Planning Guidance/Document notes and other advice notes that are material considerations in the determination of planning applications; they documents are summarised below: Supplementary Planning Guidance on Affordable Housing (2003) The guidance requires proposals of 25 dwellings or more (or on sites of 1 hectare or more) to provide 40% affordable housing and for this to be secured through a Section 106 Agreement (paragraph S6). In cases where outline permissions are sought, legal agreements will be need to specify the percentage of dwellings that are to be affordable (paragraph 3.4). No more than 10 affordable houses should be grouped together unless they are within a single building (paragraph 3.7). The SPG recognises the importance of viability in the determination of proposals. It states some sites may have conditions that will present development an financial difficulties. The Council is nevertheless keen to see that every opportunity is taken to build affordable housing. In these cases it will seek, in confidence, independently fully audited evidence of the extraordinary costs and the final outcome...where required in connection with this guidance, or for other reasons, financial appraisals are to be made available in confidence to the Council s Housing Division to confirm the viability of the scheme. Appraisals should be independently audited and financed by the developer or land owner. The Council may have the appraisal analysed by the Council s internal and external advisers (Paragraphs 3.14 and 3.17). Supplementary Planning Document on Energy and Development (2007) The guidance requires residential development of 10 or more dwellings to achieve Code Level 3 of the Code for Sustainable Homes as recognised in discussions with offices. The SPD also requires all non-residential development over 1,000 square metres to incorporate renewable energy equipment to provide at least 10% of predicted energy requirements. This might include, for example solar voltaics, ground source heat pumps, wind turbines etc. The new PRP building comprises a total floorspace of 912m 2 so falls outside of the non-residential energy requirements here. Supplementary Planning Document on Developer Contributions (2010) The guidance sets out the Council s approach in the use of planning obligations associated with new development. The Council s formal written response to the pre- Page 24

25 application consultation meeting on 30 th July 2012 sets out the contributions that the Council believes are likely to be required for this type of proposal. The same pre-application written response also recognises that if there is a viability issue on this site that would result in the development not providing 40% affordable housing across the site or the full level of financial contributions that would be sought from the development, then this should be demonstrated upfront by using the viability toolkit.... In response, the applicant has undertaken a viability exercise using the Council s preferred toolkit (Three Dragons). The completed viability exercise that is submitted with this planning application represents a material consideration in the assessment of this application. The viability appraisal is accompanied by a draft proposed heads of term document which represents the starting point for discussions in order to complete a satisfactory Section 106 Agreement. (Emerging) Local Development Framework 4.27 Through pre-application consultations with the Council s policy team it was identified that there are no adopted policies within the emerging LDF. Joint LDF documents are being prepared by the West Northamptonshire Joint Planning Unit (WNJPU). The key emerging policy document is the West Northamptonshire Joint Core Strategy Local Plan (Proposed Changes to Pre-Submission Version, 2012) This document is currently subject to public consultation until 26 th September 2012 seeking representations on the proposed changes to the Pre-Submission version of the JCS (2011). After this period, the JPU will then report the results of consultation back to the appropriate planning committee. Subject to committee approval, the next step will be to submit the plan to the Government so that an independent inspector can examine the soundness of the plan. A Public Examination into the JCS is likely to take place in Spring 2013, with adoption anticipated in Autumn As this emerging policy document progresses through the necessary policy review process (towards adoption) it gains greater material weight in the assessment of proposals. Relevant policies from this emerging JCS are summarised below Policy T1 of the emerging JCS states that the role of Towcester as a rural service centre will be supported and enhanced by housing development within the existing urban area and as part of the Towcester South Sustainable Urban Extension including the delivery of a A5 bypass; and, employment development. Policy T3 of the draft JCS specifically covers the Page 25