PARISH
South Normanton
__________________________________________________________________________
APPLICATION
New road, erection of additional security fence and additional security
gate house (as amended by the plans, illustrating revised gatehouse
position and one way traffic system, received from the agent on the 9th
September 2011)
LOCATION
UDG Ltd Normanton Brook Road South Normanton Alfreton
APPLICANT
UDG
APPLICATION NO. 11/00273/FUL
FILE NO. H4417/X9
CASE OFFICER
Mr Stephen Kimberley
DATE RECEIVED 7th June 2011
DELEGATED APPLICATION
__________________________________________________________________________
SITE
The site consists of three large industrial units set within an existing industrial estate within
the settlement framework of South Normanton. The site is currently accessed off two points,
Normanton Brook Road and further north off Berristow Lane. The site as a whole slopes down
from the south towards the north. Beyond the site to the north and east are areas of
agricultural land whilst to the south and west are other industrial units. There is a variety of
fencing on the estate though the majority is formed by steel palisades fencing mainly
silver/grey and in height between 1.8m and 3m.
PROPOSAL
The proposal is to erect new security fencing on parts of the site not already fenced, build a
new link road to provide internal access between the three large units on the overall site and
a new security gatehouse on Normanton Brook Road. The security fencing is to be 3m high
steel palisade fencing to match existing on site with 1.8m mesh panel fencing surrounding the
car parks close to Berristow Lane. The new gatehouse is to be 2.7m wide and 4.5m deep with
a total height of 3.4m.
The new link road is to be 45m long across an existing man made culvert. The road is to be
7.3m wide to allow for two way traffic.
AMENDMENTS
Plan received on the 15th July 2011 showing a revised road layout removing references to
parking on highway land.
Additional information regarding mitigation measures for the Great Crested Newts supplied on
the 10th August 2011. Further amended plan received on the 15th August 2011 showing a
revised layout with new position of gatehouse and a phase one and phase 2 to the works.
Further amended plans and additional information received on the 9th September 2011 which
show a one way system to the traffic, further revised position of gatehouse, and include a plan
showing the red line boundary to the site.
Verbal confirmation that the fencing is to be 1.8m high for the mesh fencing and 3m high, to
match that already on site, for the steel palisade fencing.
HISTORY (if relevant)
99/00146/FUL Installation of additional 3m high palisade fencing and extra parking spaces.
Approved 19/05/1999
CONSULTATIONS
South Normanton Parish Council – No comments 08/08/2011
Environmental Health – No objections in principle in relation to contaminated land issues.
22/07/2011
Crime Prevention Design Advisor – No objections to the work proposed. 05/07/2011
Derbyshire Wildlife Trust – Responded to the original submission with concerns regarding
lack of information regarding mitigation measures to protect the Great Crested Newt
population and request further detailed information regarding mitigation measures.
16/08/2011
Following submission of details of mitigation they responded further on the mitigation
measures and whilst not confident the details were sufficient to ensure that a Natural England
Protected Species Licence would be granted they would leave that decision to Natural
England. Advise that no development should take place until confirmation is received that
Natural England where happy with the mitigation measures and a Licence had been granted.
01/09/2011
Natural England – Advise that the application should not be determined until details on
mitigation measures have been received. 26/07/2011 Following receipt of mitigation
measures they further respond on the 2nd September 2011 stating that the mitigation
measures are satisfactory and they no longer have any objection to the proposal.
Derbyshire County Council Highway Authority – Originally object to proposals as moving the
gatehouse to the original position would increase the potential for lorries parking on the
highway which would be detrimental to Highway safety. Following revisions received on the
9th September consider that the introduction of the road link and one way system offsets the
theoretical disadvantage of the security gates relocation. However would like conditions
imposed regarding phasing of works, appropriate signage and a condition that the gatehouse
be removed if the development is subdivided or the one way traffic system is no longer
possible. 13/09/2011
PUBLICITY
Site notice posted and four neighbouring properties notified.
One representation received which specifically stated that there was no objection to the
proposed new road or erection of fencing but was concerned that works may cause damage
to their adjacent property.
POLICY
Bolsover District Local Plan (BDLP)
GEN1 (Minimum requirements for development) GEN2 (Impact of the development on the
Environment) EMP5 (Protection of Sites and Buildings for Employment Uses)
ASSESSMENT
The works are proposed in order to provide extra security to the site and a more efficient
traffic management system which should take some traffic away from Berristow Lane. At the
moment the site comprises of three large industrial units two of which are accessed off
Normanton Brook road whilst a third can only be accessed off Berristow Lane. In order to
move from this third unit to the other two, traffic currently has to enter the public highway. The
changes and the new link road would enable traffic to move between units on the internal
road system.
The new road is 45m long and 7.3m wide and would go over an existing man made valley.
The link road is internal and whilst it would be possible to see from the immediate north of the
site it is screened from other views by existing buildings on site. Even where it can be seen it
is set against the existing industrial buildings and infrastructure and is not considered to have
any significant impact on the character or appearance of the area.
Whilst additional fencing is also proposed this is similar to fencing already on site and is not
considered to impact significantly on the character and appearance of the area. This will
improve security at the site.
The new link road does cross an existing valley which a survey indicated was home to a small
population of Great Crested Newt. These are a protected species under the Wildlife and
Countryside Act 1981and a development license is required from Natural England before any
works can be carried out. The initial survey did not include any mitigation measures to protect
the Great Crested Newt population and Natural England advise that the application should not
be determined until details of those measures were received and agreed. Details were
received from the ecologists and submitted to Natural England for their comments. As a result
Natural England has no objections to the proposal and is satisfied with the mitigation
measures. It is considered as reasonable to ensure by note that the applicant is advised that
no development shall commence on the link road and associated culvert until the
development license is secured from Natural England.
The proposal is generally for internal works to the units own roads. However adjacent to the
proposed gatehouse is a length of adopted highway, which has had problems with lorry
parking. The Highway Authority was initially concerned over the impact the proposals may
have on this length of highway and the proposal has since been amended. The amendments
include repositioning of the gatehouse and the use of a one way traffic system where traffic
would enter the site on Normanton Brook Road and leave further north on Berristow Lane.
They have no objections in principle to the amended details but have asked for details
regarding phasing of works, appropriate signage and a condition that the gatehouse be
removed if the development is subdivided or the one way traffic system is no longer possible.
As the roads are internal it is not considered as appropriate to place the conditions requested
on any permission. However it is considered as appropriate to require the link road and one
way system to be in place before the gatehouse is brought into operation to ensure that the
traffic system works effectively. It is noted that if the applicant later chooses to revert back
from the one way system and if this caused problems on the adopted highway then the
Highway Authority has separate powers to control these issues including the use of double
yellow lines. It is noted that Normanton Brook Road whilst an adopted highway only serves
the applicants units.
Other Matters
The proposal will keep the site in employment use and is not considered to impact on the
amenity of neighbours. A representation questions whether the work would have any impacts
or cause damage to their property. The works do not appear to be on the neighbouring
property’s land and in any case any planning permission would not override their legal rights
or the applicants responsibilities to ensure no damage is caused to neighbouring properties.
PPS3, Greenfield/Brownfield, Density
n/a
Listed Building:
n/a
Conservation Area:
n/a
Crime and Disorder:
The extension to the security fencing will bring
security benefits.
Equalities:
No known issues
Access for Disabled:
No known issues
Trees (Preservation and Planting):
none affected
SSSI Impacts:
n/a
Biodiversity:
see above report regarding impacts on
ecological interests including Great Crested Newts
Human Rights:
no known issues
Conclusions/Reasons for Approval
Consideration has been given to the issues of impact on ecology and upon protected species,
the impact on the street scene and the impact on highway safety. The proposal is generally
in accordance with policy and the impacts of the proposal are not so great as to justify refusal.
Summary of the main development plan policy applicable:
Policies GEN1 (Minimum Requirements for Development) and GEN2 (Impact of Development
on the Environment)
RECOMMENDATION
Approve subject to the following conditions:
1)
A101
2)
Unless otherwise approved in writing by the Local Planning Authority the new link
road and associated one way system shall be in place before the new gatehouse is
brought into use.
Reasons
1)
2)
Y101
Y114 – GEN2 (Impact of the development on the Environment)
Notes.
1) The applicant should be aware of their responsibilities towards the Great Crested Newt, a
protected species under the Wildlife and Countryside Act 1981. A Natural England European
Protected Species Mitigation Licence will be require before commencing any works on the
new link road and associated culvert in order for the development to proceed without
committing an offence under current European and UK legislation.
__________________________________________________________________________
Officer
Endorsing Officer
Determining Officer
S Kimberley
T Ball
C Doy
Date
Date 19.09.11
15/09/2011
Date 19/09/11