Parish: Campbell Park Parish Council. Report Author/Case Officer: Justin Booij Contact Details:

Transcription

1 APP 01 Application Number: 17/00967/OUTEIS Hybrid planning application, comprising: (a) Full planning application for: the construction of a marina, a marina facilities building, including residential dwelling, landscaping, car parking and infrastructure works, and; (b) Outline Planning application (with Access and Layout for determination and Appearance, Scale and Landscaping reserved), for: the construction of a pedestrian and cyclist bridge over the Grand Union Canal, and a public house with associated car parking. AT Newlands Site G Frobisher Gate Newlands Milton Keynes FOR Crest Nicholson Operations Ltd Target: 19th October 2015 (extension of time agreed) Ward: Broughton Parish: Campbell Park Parish Council Report Author/Case Officer: Justin Booij Contact Details: justin.booij@milton-keynes.gov.uk Team Leader: Helen Lowe Development Management Manager (West team) Contact Details: helen.lowe@milton-keynes.gov.uk 1.0 INTRODUCTION (A brief explanation of what the application is about) 1.1 The main section of the report set out below draws together the core issues in relation to the application including policy and other key material considerations. This is supplemented by an appendix which brings together planning history, additional matters and summaries of consultees responses and public representations. Full details of the application including plans, supplementary documents, consultee responses and public representations are available on the Council s Public Access System All matters have been taken into account in writing this report and recommendation. The Site 1.2 The site, known as Newlands G, is bounded to the south by Childs Way with residential development beyond and to east and north east by the Gulliver s Camping and Caravan Site. The Grand Union Canal bounds the site to the north and west, beyond which lies Campbell Park. The site extends to 4.82 hectares. Vehicular access to the site is via Frobisher Gate to the east. A

2 strip of woodland bisects the site centrally from the southwest to northeast. To the north of the woodland lies grassland and a small, informal car park and access road. To the south of the woodland lies further grassland and beyond, a strip of linear woodland which acts as a buffer to Childs Way. A towpath runs adjacent to the Grand Union Canal to the west and is lined by Poplar trees. A bridleway and an unadopted footpath run alongside the eastern boundary of the site. The Proposal The application scheme proposes a new marina with ancillary buildings and a total capacity of 126 leisure boats. A new pub is also proposed and both will be linked to the west side of the canal and Central Milton Keynes by a new bridge for pedestrians and cyclists. The current application proposal was designed in conjunction with the Canalside proposal scheme on the opposite side of the Grand Union Canal (See Ref. 17/00850/REM, at section A1.1 of the Planning History in the Appendix). That scheme proposes a mixed use Canalside quarter, comprising: a range of houses and apartments including affordable housing ; commercial uses including a new shop, a café, a restaurant and a children s nursery set around a central Public Space, and; a new wharf with 9 lay-by moorings on the West bank of the canal. This scheme was considered by KMC DCC on 7 September 2017 and Members resolved to grant planning permission subject to conditions and the completion of a s106 legal agreement. One of the conditions makes the development conditional on the implementation of the current Newlands application scheme because a Marina formed part of the Outline planning permission scheme for the Canalside Reserved Matters scheme, which the current scheme does not fully include in favour of an increased amount of residential-led mixed use development. The Newlands scheme therefore provides an essential complement to the Canalside scheme. The current application proposal is a hybrid planning application where the full element of the application relates to the construction of: a marina; marina facilities buildings including a residential dwelling; landscaping, and; car parking and infrastructure works. The outline element of the application (with Access and Layout for determination, and Appearance, Scale and Landscaping reserved) comprises: a pedestrian and cyclist bridge over the canal; a public house with associated car parking. The submitted Types Plan identifies the respective application areas. The proposed Site Layout locates the marina as the largest part of the proposed development across the entire site except for the northern and north-western parts, where the pub and bridge will be located, and for the fringes of the site, where access and routes are to be provided. An inlet from the canal is proposed in the south of the site. This is proposed in response to comments received from the Canal and River Trust and BMK Waterway Trust that the development should incorporate an area that

3 highlights the location of the new Waterway Park. It follows the revised alignment that the applicant has incorporated into the scheme to avoid the need to divert the sewer The marina is heart shaped and will be constructed using embankments to contain the water. The car parking has been carefully sited between the marina and woodland to integrate with the topography of the landscape. Introducing public access around the periphery of some areas is incorporated into the design, which together with a part private part public quay provides an attractive walk and a public destination. A marina facilities building is located within the quay which provides office space for the marina manager, shower facilities and a communal space of boat owners; as well as a residential flat. This building is two storeys and finished in timber and brick. In this location it will read as part of the developed area of the site being seen in the context of the marina quay. The small size and sensitive design of the building ensures that it integrates well with the character of the area. The pub is submitted in outline form with access and layout for approval. Appearance, Scale and Landscaping are to be determined under reserved matters. It is positioned to the north of the marina where it benefits from southerly and westerly views across the marina and canal respectively and allowing the pub car park to be sited on low value semi improved grassland. It also benefits from being close to the new pedestrian and cyclist footbridge over the canal which lands adjacent to the pub. Although scale and appearance are reserved, the pub is anticipated to be two storeys in height and laid out in a boathouse style comprising a series of large pent roof structures with large scale glazing at either end. In this location it will clearly read as a traditional waterside building that respects the waterside and open character of the area. The pedestrian and cyclist footbridge links Newlands and Campbell Park. It comprises a lightweight metal structure that spans both the canal and the marina entrance. The appearance and scale of the bridge will be determined under reserved matters. It has been sited to minimise any impact on the roots of the poplar trees that form a strong landscaping feature. The bridge will be a key element of the scheme being highly visible and unifying the two sites. Overall the development responds to the open character of the site. The marina has been designed to respect the open character of the site and introduce additional recreational and leisure opportunities whilst the buildings have been designed as complementary waterside buildings that present their public face to the canal. The proposed Site Access details for determination include: Boat access into the marina Vehicular access from Frobisher Gate Canalside pedestrian footpath Towpath

4 PRoW footpath diversion 1.14 The layout for the entire site is also for determination. Full Element of the Application 1.15 The main elements of the full application element comprise: a 100 berth marina marina facilities buildings, including an ancillary 2 bedroom apartment landscaping marina car parking (54 spaces) and infrastructure works Outline Element of the Application 1.16 The main elements of the outline element of the application comprise: a pedestrian and cyclist bridge over the canal and a public house with associated car parking (69 spaces) The applicant submitted revised application drawings and associated supporting documents, which have been subject to a re-consultation. The main amendments to the proposal scheme comprise: Re-alignment of the bridge and remodelled embankments, to match revised layout and landscaping details of the current proposals for the opposite Canalside development. Amended kerb radii at the junction of the marina car park entrance to Frobisher Gate (supporting technical information included). Addition of 8 cycle parking spaces for the marina. Clarified interim route to replace towpath when new marina entrance will be created (routing along the south-east and north-east of the site). The leisure route and towpath around the canal link entrance has been redesigned with a swept curve. Addition of a sub-station building within the marina car park. Updated landscaping details The proposed pedestrian and cycling bridge (as part of the Outline element) matches the layout, access and landscaping proposals of the Canalside scheme. Over the course of the application s process so far, the applicant has furthered the design details for the bridge and its associated landing points in order that the implementation of the site beyond the planning application process can progress without delay. The detailed proposals for the bridge have been submitted as a current planning application, although at the time of writing this report, this application is not yet valid. It is likely that a condition would be recommended in respect of the detailed bridge application scheme, to ensure that for consistency, the detailed bridge proposals would form part of the current Newlands scheme The applicant has submitted the following documents in support of the Hybrid Application.

5 Application plans and drawings Schedule of Accommodation Planning Statement Design and Access Statement Environmental Statement Transport Statement Travel Plan Drainage Strategy Flood Risk Assessment Contaminated Land Assessment Statement of Community Involvement 2.0 RELEVANT POLICIES (The most important policy considerations relating to this application) 2.1 National Policy National Planning Policy Framework (2012), and: National Planning Policy Guidance Local Policy Core Strategy (2013) Policy CSA: Presumption in Favour of Sustainable Development Policy CS1: Milton Keynes Development Strategy Policy CS3: Employment Land Supply Policy CS4: Retail and Leisure Provision Policy CS7: Central Milton Keynes Policy CS10: Housing Policy CS11: A Well Connected Milton Keynes Policy CS12 Developing Successful Neighbourhoods Policy CS13: Ensuring High Quality, Well Designed Places Policy CS14: Community energy networks and large scale renewable energy schemes Policy CS15: Delivering Economic Prosperity Policy CS16: Supporting small businesses Policy CS17: Improving Access to Local Services Policy CS18: Healthier and Safer Communities Policy CS19 The Historic and Natural Environment Policy CS21: Delivering Infrastructure Adopted Milton Keynes Local Plan Policy D1: Impact of development Proposal on Locality Policy D2A: Urban Design Aspects of New Development Policy D2: Design of Buildings Policy D3: Canalside Development Policy D4 Sustainable Construction Policy NE1: Nature Conservation Sites

6 Policy NE2: Protected Species Policy NE3: Biodiversity and Geological enhancement Policy T1-T5, T9, T10, T11, T13 and T15: Transport Policy H8: Density Policy H9: Housing Mix Policy LC1: Local centres Policy CC1 and CC2: Shopping Policy CC7a: Key Transport Principles Policy CC7c: Key Principles for Parking Policy CC8 and CC9: Design Policy CC10: Planning Obligations Policies in CMK Policy CC4: Campbell Park Quarter Policy L2: Protection of Open Space and Existing Facilities Policy L3: Standards of Provision Policy L9: Arts, Entertainment and Commercial Leisure Facilities Policy C1: Location for Community Facilities Policy P04: Percent for Art 2.4 SPGs, SPDs and Technical Guidance Parking Standards (2016) CMK Handbook for the Public realm (Technical Guidance) Sustainable Construction SPD (2007) New residential Development Design Guide (2012) Planning Obligations for Central Milton Keynes (2003) Leisure Recreation and Sports Facilities SPG (2005) Milton Keynes Surface Water Drainage; Local Guidance for Planning Applications (2016) 2.5 Neighbourhood Plan(s): CMK Alliance Business Plan Policy G1: Classic CMK Infrastructure Policy G3: Landscaping and Open Space Policy G4: Campbell Park and its Setting Policy G5: The Green Frame Policy G8: Development Blocks and Blocklets Policy G9: Design and Height of Buildings Policy T1-T4: Highway and Parking 2.6 Although it is not formally adopted planning policy, the Campbell Park H3 and H4 and Newlands G Development Brief (2014) is considered to be a material consideration in the determination of this planning application. 2.7 The Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

7 3.0 MAIN ISSUES (The issues which have the greatest bearing on the decision) 3.1 Principle of Development Layout, Scale, Design and Appearance Impact on Residential Amenity Landscape Design Highway Matters (incl. Access) Flood Risk and Drainage Ecology Trees Environmental Matters (General) Planning Obligations 4.0 RECOMMENDATION (The decision that officers recommend to the Committee) 4.1 It is recommended that planning permission be granted subject to the completion of a s106 agreement and to the conditions as set out at the end of this report. 5.0 CONSIDERATIONS (An explanation of the main issues that have led to the officer Recommendation) Background Information 5.1 Members will note that the application comprises various components under the submission of one application essentially forming a hybrid application of both outline principles and full application details. The considerations will cover the general issues initially focusing on broader masterplanning issues followed by more detailed considerations for the full application part of the scheme. Any decision notice would also reflect this, using the distinct sets of conditions at section 6. Principle of Development 5.2 The proposed marina would be located centrally within the site and would fall within the part of the Newlands site, which is designated on the Proposal Map for Proposed recreation and Open Space. Saved Local Plan Policies L1 and L2 seek to protect public open space, but also allow for outdoor leisure and recreation uses subject to a number of criteria. On the basis that the proposed marina is predominantly for leisure moorings, subject to the recommended condition to restrict residential moorings, the principle of the proposed marina and ancillary development is considered to be acceptable. 5.3 The proposed public house would be located to the northern corner of the site and would fall predominantly within land designated as existing recreation and open space. As detailed above, Saved Local Plan Policy L2 seeks to

8 protect public open space and recreation uses. However, the loss of open space can be allowed subject to compliance with a list of criteria which include that any loss is adequately compensated by proposals for improvements to the quality of landscaping and appearance of amenity space elsewhere in the locality. On the basis that amenity space within the site would be adequately improved (see par 5.25 and further for the Landscape Design assessment), it is considered that the requirements of Saved Local Plan Policy L2 have been met and the principle of the proposed public house and ancillary development is therefore considered to be acceptable. Layout, Scale, Design and Appearance Saved policies D1, D2 and D2A of the Milton Keynes Local Plan and policy CS13 of the Core Strategy 2013 require the decision maker to have particular regard to the design and visual impact of new development and to the context within which it is placed. The application provides a Masterplan, which, aside from the site access, is illustrative for the Bridge, the Public House and Car Park parts of the site, while the Marina has been submitted as full details for determination. The proposed application scheme has clearly been designed to complement the Canalside scheme on the opposite bank of the Grand Union Canal, which is particularly evident in the proposed layout, scale and design, and this will provide an overriding factor in the success of the design of the proposed development. Legibility The proposed development will complement recognisable buildings opposite along the canal whilst also contributing to providing spaces, squares and bridges at key pedestrian junctions, which will assist wayfinding by providing recognisable streets, junctions and landmarks in the neighbourhood to help people to find their way around. The scheme will provide a number of visual landmarks including the bridge and the marina to help with orientation. The proposed development would provide a place that has a clear image and is easy to understand, in accordance with Policy D2A V, Policy CS13 bullet point 6. Ease of movement The development has been designed in accordance with the existing grid network helping to create a neighbourhood place that has permeable and well connected streets and paths with safe, attractive, convenient routes giving priority to walking, cycling and public transport. The proposed development would provide a place that is easy to get to and move through, in accordance with Policy D2A IV.

9 In terms of continuity and enclosure, the marina is secure and appears to be overlooked as much as can be reasonably expected in its location. The proposed development would provide a place where public and private spaces are clearly distinguished, in accordance with Policy D2A II. Scale The proposed development is of an appropriate scale for a site this close to the centre of Milton Keynes and relates well with other buildings that have recently been built in Campbell Park in terms of their height and massing. The proposed development would provide appropriate scale development in accordance with Policy D2 I, Policy D1 II. Quality of the public realm The proposed planning application indicates a high quality public realm consisting of spaces and streets that are accessible, attractive and generally overlooked by buildings, the bridge and boats, where possible. The proposed development, in conjunction with the Canalside development complements a choice of contemporary, innovative, exemplar architecture that reflects Milton Keynes reputation as an ambitious, forward thinking and innovative 21st Century city. The proposed development would provide a place with attractive and successful outdoor areas in accordance with Policy D2A III, Policy D2 VI, Policy D1 III, Policy CS13 bullet point 3. Character The proposed development has potential to deliver a strong modern character. It will add to the range of facilities within Campbell Park whilst building on the rectilinear grid character of CMK / Campbell Park, whilst being unique to the site. The proposed development will relate well to and enhance the surrounding environment. Subject to conditions for the submission of details for the substation building and the submission of proposed materials, the proposed development will be, or have the potential of a high quality in terms of layout and appearance, and make a positive contribution to the character of the area in which it is located creating a distinctive sense of place. The proposed development would provide a place with its own identity, in accordance with Policy D2A I, Policy D2 II, Policy D1 III, Policy CS13.

10 5.22 In light of the above, it is considered that the illustrative layout and design specification for the Bridge, the Public House and Car Park parts of the site demonstrate that the scheme has potential to result in a positive and welldesigned environment. Further, it is considered that subject to recommended conditions, the detailed layout and design proposals in respect of the Marina would also result in a positive and well-designed environment. It follows that in respect of the proposed layout and design, the application scheme accords with saved policies D1, D2 and D2A of the Milton Keynes Local Plan , policy CS13 of the Core Strategy Impact on Residential Amenity Saved Policy D1(iii) of the Milton Keynes Local Plan states that development will be refused where developments would be unacceptably harmful by way of an unacceptable visual intrusion, loss of privacy, sunlight and daylight. In addition, Saved Policy D1(iv) of the Milton Keynes Local Plan details that permission will be refused for developments which are unacceptable by reason of noise, smell, light or other emissions to air, water, or land. Further, the core planning principles in the National Planning Policy Framework details that planning decisions should seek to secure a good standard of amenity for all existing and future occupants of land and buildings. It is considered that there are no existing nearby dwellings or committed nearby dwellings that may be materially prejudiced by the proposed development, in terms of residential amenity (outlook, overbearing, daylight/sunlight and privacy). In terms of residential amenity being affected by environmental matters, this is covered under Environmental Matters (General) below. Therefore, the proposed development would be in accordance with Saved Policies D1(iii) and D1(iv) of the Milton Keynes Local Plan Landscape Design Local Plan Policy D2A seeks a quality public realm consisting of spaces and streets that are accessible, attractive, well related to and overlooked by building providing natural surveillance, with active ground floor uses along main streets and with parked vehicles not being visually dominant. Core Strategy CS12 seeks to create high quality open spaces. Improvements to the quality of landscaping and appearance of amenity space elsewhere in the locality are an important matter for this application as it is closely linked with the acceptability of the principle of the development in light of Policy L2, as described in Section 5.3 above. A landscape strategy has been prepared by UDLA and is set out in the submitted Design and Access Statement. This seeks to integrate the development within the landscape whilst enhancing the ecological value of the site.

11 Public access to selected areas around the marina has been proposed together with a new public quay that will provide a focal point for public use. Extensive landscaping and a pub will create a pleasant setting for public enjoyment of the site and integrate the marina into the landscape. This will be complemented by a new boardwalk through the woodland. Existing trees have been protected where possible and new native species planted to mitigate for those lost which will, it is considered, enhance the landscape value of the site. A number of issues have been raised by consultees, that relate to Landscape Design (such as Highway Matters, Biodiversity and Trees) and where relevant these matters have been assessed under the appropriate sections. Therefore, this Landscape Design assessment is only concerned with the requirements for high quality design. The Council s Landscape Design Officer has provided an assessment of the proposed scheme, which has concluded with the specification of areas for improvement and refinement, and for clarification, at future stages of the application scheme s approval (i.e. at the Reserved Matters and conditions discharging stages). These requirements have been formulated into recommended conditions, which have been included in Section 6. As such, it is considered that, with the recommended conditions, the proposal will create a high quality open space that will integrate the site within the wider landscape in accordance with Policy CS12 of the Core Strategy and D2A of the Local Plan. Highway Matters (incl. Access) Core Strategy Policy CS11 sets out strategic priorities for transport. An overarching principle is to encourage greater movement by walking and cycling. Local Plan Policy T1 sets a transport user hierarchy, T2 seeks to make provision for those with impaired mobility, T3 and T4 seek to meet the needs of pedestrians and cyclists and T5 seeks to meet the needs of public transport users. Policy T9 promotes the use of the Councils Highways Design Guide. T10 seeks to ensure traffic does cause harm to highway safety by exceeding capacity of the local network or by causing significant, noise, pollution or risk of accident. Highway Safety and Access The applicant has submitted a Transport Assessment. This finds that the site is highly accessible to non-car modes of transport. Owing to the uses proposed, the busiest periods are likely to be in PM peak. At this time the scheme is estimated to generate 49 two way trips onto Frobisher Gate. This network is lightly trafficked and serves leisure uses which do not generate demand during peak hours. The 49 additional trips will have a negligible impact on the operation of the local highway network. The site s main vehicular access point at the junction of the marina car park entrance to Frobisher Gate has revised design of the kerb radii and technical

12 details have been submitted in response to consultation comments. Walking and Cycling As set out in the section on design and landscaping above the layout of the scheme has been designed to incorporate a series of carefully landscaped pedestrian and cyclist routes. It facilitates the important link to CMK through the heart of the development and over the pedestrian and cyclist footbridge. Appropriate cycling facilities are incorporated into the scheme as detailed in the section below on parking provision. As such it is considered that the development promotes walking and cycling in line with Policies T1 and T3 of the CMKAP and Policy T1, T3 and T4 of the Local Plan. Pedestrian and Cyclist Bridge 5.37 Policy T4 of the Local Plan states that the Council s priorities for The proposed footbridge will link the site and wider area with CMK thereby improving access and conditions for pedestrians and cyclists with improved routes to and within CMK and Town Centres. Parking 5.38 The Council s Parking Standards SPD identifies Newlands G as lying within Zone 3, which covers the remaining urban areas, not identified within Zone 1 and 2. However, the site also lies adjacent to Zone 1 for CMK. Marina 5.39 The Parking Standards SPD (2016) does not include standards for parking serving a marina. Therefore, guidance has been taken from A Code of Practice for the Design Construction and Operation of Coastal and Inland Marinas and Yacht Harbours prepared by the British Marine Federation and The Yacht Harbour Association Ltd. This guidance states that the total requirement for inland waterways marinas is one car parking space for every three moored boats. This equates to a provision of a total of 39 spaces to serve the marina. It will also accommodate a dedicated parking space for the residential unit and the unallocated space for the residential unit will be accommodated within the general marina car parking. As such the provision of 54 spaces exceeds this standard. Public House 5.40 The vehicular parking provision of the public house comprises 69 spaces. A parking accumulation survey for the proposed pub has been provided as part of the Transport Assessment. This shows that the level of parking proposed will not exceed the car park s capacity at any point, even busiest times. A maximum of 57 spaces are required at the busiest time and as such the

13 capacity of the car park will be sufficient to accommodate parking demand The MKC Parking Standards stipulate that cycle parking for land use class A4 Drinking Establishments should be provided at a rate of 1 space per 50sq.m for visitors and 1 space per 10 FTE staff. Unlike the vehicle parking, these standards do not vary by location and there is an expectation that associated facilities for showering and storing clothes will also be made available to further encourage cycle use. Employment densities indicate that the pub would be expected to employ approximately 49 staff based on a density of 15-20sq.m per employee for use class A3 Restaurants and Cafes (the most appropriate proxy). Based on these standards the site would be expected to provide a total of 20 visitor cycle parking spaces and 5 employee spaces. The precise location and arrangement of cycle parking will be agreed through reserved matters. Car parking is being provided off Frobisher Gate to replace the existing car parking on site. The existing car park has 15 spaces and the new car parking will contain 18 spaces thereby replacing the existing arrangements. As such it is considered that an appropriate level of car parking is being provided that will avoid unauthorised car parking in inappropriate locations or highway safety issues. Servicing A full servicing strategy has been set out in the submitted Transport Assessment. The proposed pub will be serviced from a new access at the western end of Frobisher Gate. The junction with Frobisher Gate incorporates a turning head allowing delivery and servicing vehicles to turn at the access and exit along Frobisher Gate in forward gear. The marina will be serviced via the new priority junction on Frobisher Gate. Servicing vehicles will turn within the parking area immediately outside the marina building. This will be a restricted parking area and managed to ensure that the spaces are clear when deliveries are expected. Deliveries are anticipated to be no more than four per month (comprising coal, gas and fuel), and waste and recycling collection will be weekly. When a delivery or waste collection vehicle is expected the marina manager will cone off the parking spaces outside the marina building so that they cannot be used and will be available for turning. Their use will be restricted to daytime parking only, with overnight parking provided elsewhere on site. Swept path analysis drawings illustrating the turning of vehicles have been provided within the Transport Assessment The applicant has responded to Highway Officers comments by submitting revised scheme information. The matters raised have been covered by recommended conditions in Section Overall it is considered that, subject to recommended conditions, there is an acceptable impact on parking provisions, and that no unacceptable harm

14 would result on the efficient and safe operation of the local highways network, in accordance with Local Plan Policies T10 (Traffic and Policy) and T15 (Parking Provisions), and the Parking Standards SPD. Flood Risk and Drainage Policy CS13 of the Core Strategy seeks to ensure that new development provides sustainable and strategic surface water drainage as part of a network of multi-purpose open spaces. Local Plan Policy D1 ii) seeks to secure appropriate drainage. Policy D3 seeks to ensure that canalside development takes into account potential for localised flooding from canals. Policy D4 seeks to ensure SUDS are included in schemes. The Milton Keynes Surface Water Drainage; Local Guidance for Planning Applications sets out what is expected to be submitted in support of planning proposals for redevelopment. A full Flood Risk Assessment and Drainage Scheme have been submitted as part of the application. This part of the submission assesses the risk of flooding to the site and the risk of the site causing flood risk elsewhere. It sets out a preliminary drainage scheme that can be worked up and delivered under planning condition. The proposed marina would not require drainage whilst the area to the south will maintain the existing drainage arrangement as only landscaping works are proposed in this area. The impermeable areas associated with the marina (car park and building) adopt porous surfacing and storage to attenuate flows. The proposed pub will retain an existing drainage connection on site to receive attenuated runoff. This will be stored within underground crates prior to being discharged to the sewer. Neither the IDB (acting as the Local Lead Flood Authority) or Anglian Water have objected to the application or sought further information/amendments. It is considered that the proposed development provides an appropriate drainage scheme that would not result in an increase in the risk of flooding on site or elsewhere. As such, the proposed development would accord with policy CS13 of the Core Strategy and saved policies D1(ii) and D3 of the Milton Keynes Local Plan and the guidance contained within the Milton Keynes Surface Water Drainage; Local Guidance for Planning Applications. Ecology 5.52 Core Strategy Policy NE1 states that development that will harm biodiversity in such areas will only be permitted if the importance of the development outweighs the local value of the site. Local Plan Policy NE2 states that planning permission will be refused for development if it would be likely to adversely affect animal or plant species, or their habitat, specifically protected by law. Saved Local Plan Policy NE3 requires the incorporation of proposals which enhance biodiversity and geological features which are appropriate to, and where possible compensate for, impacts on the immediate area and the

15 site characteristics. Core Strategy Policy CS19 (The Historic and Natural Environment) states that Green infrastructure will be protected and enhanced A discrepancy concerning the conservation status of the application site involving the Ancient Woodland Inventory had been highlighted to Officers. This suggested the presence of ancient woodland at Brick Kiln Wood. Confirmation has now been obtained from Natural England, that the woodland area concerned is NOT Ancient. The Environmental Statement that accompanies the application states that a significant area of Brick Kiln Spinney, a lowland mixed deciduous woodland habitat, a priority habitat (or Habitat of Principal Importance as listed under Section 41 of the Natural Environment and Rural Communities Act (2006)) will be lost as a result of the development ha is due to be lost making up 55% of the priority habitat woodland (listed on the Natural England priority habitat inventory) on the site. This is contrary to the NPPF and Policy CS19 of the Milton Keynes Core Strategy, in that it does not protect and enhance the hierarchy of national, regional and local sites within the Borough as well as BAP Priority Habitats and species. The applicant has explained that it would not be possible to reconfigure the layout concept for the site because it will not result in a technically feasible design. Therefore, off-site mitigation is being proposed, in order to meet the alternative requirement of Policy CS19 to seek opportunities for habitat protection, restoration and creation to meet the objectives of the UK and Bucks & Milton Keynes Biodiversity Action Plan and aims of the Biodiversity Opportunity Areas. To this extent, the applicant has been cooperative in initial discussions with the MKC planning authority and the Countryside Officer regarding the specification of off-site mitigation (a biodiversity off-set scheme). Whilst the discussions have not yet led to a finalised package, the principles of the off-set, which is recommended to form part of a s106 legal agreement, include that the off-set needs to be permanent and proportionate to the impact that will result from the development. The applicant has already exhausted options for Parks Trust managed sites, as these are usually already actively enhanced for biodiversity opportunities. Therefore, further options will need to be explored as a next step. The submitted Environmental Statement advised that the proposed development should include the approval and implementation of the following four documents, which are recommended to be secured via a planning condition (see also Environmental Matters (General) further below). The Marina Environmental Management Plan (MEMP) will include operational procedures to minimise the risk of contamination events occurring in the Marina in the first instance but will also set appropriate mitigation measures such as spill kits (i.e. oil pads and booms and eco dispersant) to manage spills if they occur. Larger contamination events will be controlled through the physical separation of the Marina from the canal through the use of stoplogs which will prevent any water exchange between the Marina and the canal. It is understood that, in accordance with the MEMP, all staff on site will be trained on the necessary operational procedures and that the Marina is to be

16 inspected and audited routinely to ensure compliance with best practice The Lighting Strategy will ensure that the proposed lighting is designed to avoid disturbing sensitive ecological receptors and that to minimise the risk of light spill is throughout the Application Site overall. A Landscape and Ecology Management Plan (LEMP) will be produced setting out how all areas of retained, restored or created habitats will be managed to ensure that the intended biodiversity value is achieved and maintained in the long-term. The LEMP will also set out the appropriate timings for habitat management, so that relevant management activities are principally undertaken outside of sensitive periods such as the bird nesting season. A Construction Ecological Management Plan (CEcMP) will include controls and safe working practices to ensure that retained areas of ecological value are suitably safeguarded throughout the construction phases of the Proposed Development. Subject to appropriate planning condition(s) and the securing of a satisfactory biodiversity off-set scheme, it is considered that the proposed development s potential impact on ecology would be adequately mitigated, and that it would therefore be in accordance with the NPPF, and Local Plan Saved Policies NE1 (Nature Conservation Sites), NE2 (Protected Species), and NE3 (Biodiversity and Geological Enhancement), and Core Strategy Policy CS19 (The Historic and Natural Environment). Trees The protection and enhancement of Milton Keynes tree resource is required by Core Strategy policies CS13 (Ensuring High Quality, Well Designed Places) and CS19 The (Historic and Natural Environment), and Local Plan policy D1 (Impact of development proposals on locality). As described above, the proposed development would result in a net loss of trees on the site, mainly due to the proposed marina s land take. The applicant has submitted tree survey information, which has been assessed by the Council s Arboricultural Officer. The Arboricultural Officer has been party to preliminary discussions regarding tree replacement options within the vicinity of the site. These options will need to be balanced in conjunction with the biodiversity off-set scheme. Therefore, it is recommended that details of the off-site tree planting mitigation will be required as part of a s106 agreement. In order to ensure that trees to be retained are safeguarded, conditions are recommended as highlighted by the MKC Arboriculture Officer, so that, in combination with off-site tree planting being secured, the proposals protect significant trees, safeguard the character of the area and preserve habitat and minimise the effect of development on the area, in accordance with Core

17 Strategy policies CS13 (Ensuring High Quality, Well Designed Places) and CS19 The (Historic and Natural Environment), and Local Plan policy D1 (Impact of development proposals on locality). Environmental Matters (General) Notwithstanding the above assessment in respect of specific environmental matters, the proposed development has also been the subject of a formal Environmental Impact Assessment. The submitted Environmental Statement advises a number of mitigation measures on the basis of assumed detailed scheme specifications in Table These details would be expected to form an integral part of the proposed development. It is therefore recommended that these detailed scheme specifications and the identified appropriate mitigation measures should form part of the proposed development and it is recommended that this would be formalised as part of a planning condition. A number of environmental matters had been scoped out of the EIA, including Noise, Air Quality, and Land Contamination. These matters are nevertheless partially covered as part of the EIA mitigation regime. The other environmental matters would either not be planning matters that are covered under separate legislation, or they will be relevant considerations for the reserved matters of the outline application component, and further relevant conditions may yet be imposed at that stage. Subject to the condition to secure EIA mitigation, and other related conditions and the biodiversity off-set referred to above, in respect of environmental matters, it is considered that the proposed development would not lead to material environmental harm. Therefore, the proposed development would be in accordance with Local Plan Saved Policies D4 (Sustainable Construction), NE1 (Nature Conservation Sites), NE2 (Protected Species), NE3(Biodiversity and Geological Enhancement), and T10 (Traffic), and Core Strategy Policy CS11 (A Well Connected Milton Keynes) and CS19 Policy (The Historic and Natural Environment). Planning Obligations 5.69 The s106 agreement Heads of Terms referred to in the sub-sections above comprise: Biodiversity Off-set Scheme Off-site Tree Planting Scheme

18 6.0 CONDITIONS (The conditions that need to be imposed on any planning permission for this development to ensure that the development is satisfactory. To meet legal requirements all conditions must be Necessary, Relevant, Enforceable, Precise and Reasonable ) 1. The development hereby approved shall be carried out in accordance with the following drawings/details: D 0002 Rev P2 as received on 24 August 2017 F 0002 Rev P1 as received on 24 August 2017 D 1001 Rev P4 as received on 24 August 2017 D 1005 Rev P2 as received on 24 August 2017 D 1300 Rev P2 as received on 24 August 2017 D 4100 Rev P3 as received on 24 August 2017 D 4120 Rev P2 as received on 24 August 2017 O61.NM.01 Rev A as received on 24 August 2017 O61.NM.02 Rev A as received on 24 August 2017 O61.NM.03 Rev A as received on 24 August 2017 O61.NM.04 Rev A as received on 24 August 2017 O61.NM.05 Rev A as received on 24 August 2017 O61.NM.LMP.01 Rev A as received on 24 August 2017 O61.NM.06 as received on 24 August 2017 O61.NM.07 as received on 24 August 2017 O61.NM.08 as received on 24 August 2017 O61.NM.09 as received on 24 August 2017 O61.NM.10 as received on 24 August 2017 Schedule of Accommodation as received on 7 April 2017 Planning Statement as received on 7 April 2017 Design and Access Statement as received on 7 April 2017 Environmental Statement as received on 7 April 2017 Transport Statement as received on 7 April 2017 Travel Plan as received on 7 April 2017 Drainage Strategy as received on 7 April 2017 Flood Risk Assessment as received on 7 April 2017 Contaminated Land Assessment as received on 7 April 2017 Statement of Community Involvement as received on 7 April 2017 Reason: To define the permission for the avoidance of doubt and in accordance with best practice guidance set out in paragraph 022 of the National Planning Practice Guidance. 2. The part of the development that is subject to FULL planning permission, must be begun on or before whichever is the later of the following dates: (i) Three years from the date of this permission or (ii) The expiration of two years from the date of the approval of the last matters to be approved

19 Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act The part of the development that is subject to OUTLINE planning permission must be begun on or before whichever is the later of the following dates: (i) Five years from the date of this permission or (ii) The expiration of two years from the date of the approval of the last matters to be approved Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act For the avoidance of doubt, the OUTLINE planning permission granted includes the approval of Layout and Access. Application(s) for the approval of the remaining reserved matters (Scale, Design, Appearance) pertaining to the development of the site (hereinafter called ''the reserved matters'') shall be submitted within three years from the date of this permission. Reason: Outline Planning Permission only is granted in accordance with the application submitted and to comply with section 51 of the Planning and Compulsory Purchase Act The development hereby permitted shall be designed and implemented in full accordance with the mitigation measures contained in the Environmental Statement submitted as part of the application scheme that is hereby approved. Reason: To ensure that the adverse environmental and other impacts identified in the submitted Environmental Statement are fully addressed and appropriately mitigated, in accordance with Local Plan Saved Policies D4 (Sustainable Construction), NE1 (Nature Conservation Sites), NE2 (Protected Species), NE3 (Biodiversity and Geological Enhancement), and T10 (Traffic), and Core Strategy Policy CS11 (A Well Connected Milton Keynes) and CS19 Policy (The Historic and Natural Environment). 6. No development shall take place above slab level until details (including samples if appropriate) of the external materials to be used in the construction of the development have been submitted and approved in writing by the local planning authority. The development shall thereafter be carried out in full accordance with the approved details prior to the first occupation of the development. Reason: To ensure that the development does not detract from the character and appearance of the area in accordance with Policy CS13 of the Milton Keynes Core Strategy 2013 and Saved Policy D2 of the Milton Keynes Local Plan No development of the marina substation building shall take place above slab level until details of the external appearance have been submitted and

20 approved in writing by the local planning authority. The development shall thereafter be carried out in full accordance with the approved details prior to the first occupation of the development. Reason: To ensure that the development does not detract from the character and appearance of the area in accordance with Policy CS13 of the Milton Keynes Core Strategy 2013 and Saved Policy D2 of the Milton Keynes Local Plan The residential dwelling hereby approved shall be used only as ancillary accommodation to the Marina facility, and shall not be used as an independently occupied dwelling. Reason: It is considered that the ancillary accommodation would facilitate the ongoing good management of the site. Further, it is considered inappropriate for an independent unit of accommodation in addition to the Marina and such development would be detrimental to the amenities of the area. The accommodation s use as an ancillary unit would therefore be in accordance with Policies CS13 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and T15 of the Milton Keynes Local Plan Notwithstanding the approved drawings, no development shall take place above slab level until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. These details shall include existing trees and/or hedgerows to be retained and/or removed accurately shown with root protection areas; existing and proposed finished levels or contours; means of enclosure; visibility splays; areas of hard surfacing materials; proximity between street lights and tree planting; pedestrian access and circulation areas; civic space / public park furniture, play equipment, bins etc.; proposed and existing functional services above and below ground such as cables, pipelines, substations, and particularly; Key cross-sections through the open spaces should be submitted with levels. Soft landscape works shall include planting plans at a minimum scale of 1:200 with schedules of plants noting species, plant supply sizes and proposed densities; written specifications (including cultivation and other operations associated with tree, plant and grass establishment; and the implementation programme. Development shall be carried out in accordance with the approved details. If within a period of two years from the date of the planting of any tree or shrub, that tree or shrub, or any tree and shrub planted in replacement for it, is removed, uprooted or destroyed, dies, becomes severely damaged or diseased, shall be replaced in the next planting season with trees and shrubs of equivalent size, species and quantity. All hard and soft landscape works shall be carried out prior to the occupation of the building(s) or the completion of the development whichever is the sooner or in accordance with a programme agreed in writing with the Local Planning Authority.

21 Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance with Policies CS13 and CS19 of the Milton Keynes Core Strategy 2013 and Saved Policy D1 of the Milton Keynes Local Plan Notwithstanding the approved details, no development shall take place above slab level until details of the proposed boundary treatments have been submitted to and approved in writing by the Local Planning Authority. The details shall include a boundary treatment plan (at a minimum scale of 1:500) detailing the position of all proposed boundary treatment and annotated or accompanied by a schedule specifying the type, height, composition, appearance and installation method of boundary treatment throughout the site. The development shall be carried out in accordance with the approved details prior to the occupation of any part of the development and shall thereafter be retained in that form. Reason: To provide adequate privacy, to protect the external character and appearance of the area and to minimise the effect of development on the area in accordance with Policy CS13 of the Milton Keynes Core Strategy No building or use herby permitted shall be occupied or the use commenced until the landscaping scheme has been completed in accordance with the approved plans, specifications and timetables unless a revised programme is agreed in writing with the Local Planning Authority. Reason: To ensure that the appearance of the development is satisfactory and accords with Policies CS13 and CS19 of the Milton Keynes Core Strategy 2013 and Saved Policies D1, NE3 and NE4 of the Milton Keynes Local Plan Prior to the commencement of the development details of the altered access shall be submitted to and be approved in writing by the Local Planning Authority. No part of the development shall be occupied until the access has been laid out and constructed in accordance with the approved details. The access so laid out shall be retained thereafter. Reason: In the interests of highway safety in accordance with Policy CS13 of the Milton Keynes Core Strategy 2013 and Saved Policy D1 of the Milton Keynes Local Plan No building or use hereby permitted shall be occupied or the use commenced until the car/vehicle parking area shown on the approved plans has been constructed, surfaced and permanently marked out. The car parking area so provided shall be maintained as a permanent ancillary to the development and shall be used for no other purpose thereafter. Reason: To ensure adequate parking provision at all times so that the development does not prejudice the free flow of traffic or the safety on the

22 neighbouring highway in accordance with Policy CS13 of the Milton Keynes Core Strategy 2013 and Saved Policies D1, T3 and T15 of the Milton Keynes Local Plan Prior to the first occupation of the development hereby approved details of the proposed bicycle parking for both the marina and the public house shall be submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details prior to the first occupation of the development and shall thereafter be retained for those purposes. Reason: To ensure the provision and availability of adequate cycle parking in accordance with Policy CS13 of the Milton Keynes Core Strategy 2013 and Saved Policy T15 of the Milton Keynes Local Plan All existing trees, woodlands and hedges to be retained are to be protected according to the provisions of BS 5837: 2012 'Trees in relation to design, demolition and construction - Recommendations' All protective measures especially the fencing and ground protection must be put in place first, prior to any other work commencing on site (this includes vegetation clearance, ground-works, vehicle movements, machinery / materials delivery etc.) The fencing shall be of the same specification as that depicted in figure 2, page 20 and ground protection as specified in pages 21/22 in BS 5837: Signs informing of the purpose of the fencing and warning of the penalties against destruction or damage to the trees and their root zones shall be installed at minimum intervals of 10 metres and a minimum of two signs per separate stretch of fencing. Once erected the local authority tree officer shall be notified so the fencing can be inspected and approved. The Root Protection Area (RPA) within the protective fencing must be kept free of all construction, construction plant, machinery, personnel, digging and scraping, service runs, water-logging, changes in level, building materials and all other operations, personnel, structures, tools, storage and materials, for the duration of the construction phase. The developer shall submit details of the proposed layout and general arrangements of the site in relation to the trees to be retained. In particular details of storage areas including what substances will stored and where, locations of car parking, welfare facilities, cement plant, fuel storage and where discharge, filling and mixing of substances will take place. The details should include site levels to enable risks posed to trees to be quantified. The RPA will be amended as the arboriculture officer feels appropriate after taking account of the details submitted. No fire shall be lit such that it is closer than 20 metres to any tree or that flames would come within 5 metres of any part of any tree. Earthworks, level changes, service runs, foundations and all other works involving excavation should not be located within the root protection areas. Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance with Policies CS13 and CS19 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and D2A of the Milton Keynes Local Plan

23 16. A tree protection plan and tree protection fencing detail all in accordance with BS 5837:2012 should be submitted for approval. It should include a scale plan accurately marking the position of all the retained trees and hedges, the extent of the root protection areas, the BS 5837: 2012 tree protection fencing along the root protection area margin, any areas to be covered in BS 5837: 2012 ground protection, construction details for the BS 5837: 2012 fencing and ground protection and sufficient detail of hard & soft landscaping works, service and drainage runs and proposed & existing spot levels in sufficient numbers and at appropriate spacing s to enable the impact of the development on the tree root zones to be assessed. Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance with Policies CS13 and CS19 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and D2A of the Milton Keynes Local Plan A method statement for the execution of soft landscaping works within the root protection areas shall be submitted for approval. Before any soft landscaping operations within root protection areas are carried out, the local authority tree officer shall be notified so a site meeting can be arranged with the landscape contractor to confirm the agreed landscape working methods that will avoid root damage. Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance with Policies CS13 and CS19 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and D2A of the Milton Keynes Local Plan Construction details for the raised construction, nil-excavation paths and hard surfaces within root protection areas shall be submitted for approval prior to the commencement of development of those areas, demonstrating that such cellular systems are both specifically tailored to and feasible in this site context. Details of the protocol for altering the protective fencing and ensuring the root protection areas remain undamaged during the raised path construction shall also be submitted for approval prior to the commencement of development of those areas and the development shall thereafter be carried out in accordance with the approved details. Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance with Policies CS13 and CS19 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and D2A of the Milton Keynes Local Plan If construction-facilitation pruning of the trees is required, this should be carried out by a competent, qualified and experienced tree surgeon according to the provisions of BS 3998: 2010 and current arboriculture industry best practice. The Local Authority arboriculture officer shall be given a weeks

24 notice before the works are carried out so they have the opportunity to attend on site and agree the exact extent of the works with the tree surgery contractor. Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance with Policies CS13 and CS19 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and D2A of the Milton Keynes Local Plan Where roots are encountered outside the root protection areas excavate carefully, avoid de-barking, breaking, splitting, splintering or shattering the roots. Once uncovered the roots which will have to be removed to accommodate the construction should be cut back to a point 100mm beyond the nearest edge of the construction, they must be pruned back cleanly with sharp, clean pruning saws or bypass loppers making level, smooth right angle cuts with no ragged edges. Shuttering should be used to keep concrete pours 100mm away from the cut root ends. The void should be backfilled with an approved tree planting compost mix finished to the surface. Substances toxic to roots to be kept away from roots, i.e. tars, fuels, oils, bitumen, cement etc. Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance with Policies CS13 and CS19 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and D2A of the Milton Keynes Local Plan All tree and shrub planting shall be maintained in accordance with good horticultural practice for five years and any trees/shrubs removed, dying, being damaged or becoming diseased within that period shall be replaced one for one in the next planting season with trees/plants of the same size and species as those originally required to be planted unless the council gives written consent to any variation. Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance with Policies CS13 and CS19 of the Milton Keynes Core Strategy 2013 and Saved Policies D1 and D2A of the Milton Keynes Local Plan

25