Appendix 13
Your ref:
Our ref:
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df:
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Date:
20090777
SS45800002
01603 229345
01603 767223
james.alflatt@bidwells.co.uk
13 August 2010
Mr Geoff Lyon
Senior Planning Officer
North Norfolk District Council
Holt Road
Cromer
Norfolk
NR27 9EN
16 Upper King Street
Norwich
Norfolk NR3 1HA
t: 01603 763939
f: 01603 763899
bidwells.co.uk
By Email & Post
Dear Mr Lyon
Planning Application Reference PLA/20090777
Greenhouse Community Project, Land at Weybourne Road, Sheringham
Further to the recommendations reached by the Combined Development Control Committee on 4 March 2010
to approve the above application subject to legal advice, in order to proactively move this process forward
expeditiously, we attach, on behalf of the Greenhouse Community Project the following documentation which
has been revised (previously submitted on 7 April 2010) following the comments made at our meeting with
both you and Mr Howe on 14 July 2010:
1. Full suite of planning conditions (previously discussed with officers on 11 February 2010 and more
recently on 14 July 2010 – appended to this letter)
2. Draft Deed of Undertaking pursuant to Section 106 of the Town and Country Planning Act 1990 (as
amended). This undertaking has been offered for the provision of the Electric Shuttle Bus Service, and
in the event of a S278 agreement not being accepted by the Local Highway Authority (notwithstanding
the principles established in the Powergen case), this undertaking includes the contributions relating to
the off-site highway works associated with the proposed development. Following our meeting on 14
July, this deed has now been issued to the County Council for their comments.
3. County Council Highway Design Team Meeting – the initial design meeting took place on 4 August
2010, please find attached the approved minutes of the meeting for your information.
Notwithstanding the above, we are also prepared to enter into a S278 agreement on appropriate terms with the
Local Highway Authority in respect of the off-site highway works required in connection with the above
development. For this reason we have already prepared a first draft S278 agreement which we are willing to
negotiate and progress with the Local Highway Authority at the appropriate time.
As discussed at our meeting on 14 July 2010, the imposition of some of the planning conditions offered would
not necessarily affect the Council’s decision to grant planning permission. Whilst the final form of conditions on
any approval is a matter for the Council, they are voluntarily offered by the applicant to further demonstrate the
commitment of the applicant and his project partner Waitrose to both Council officers and members that the
ethos of the Greenhouse Community Project is committed and deliverable which the Local Planning Authority
can enforce (if necessary) through these proposed planning conditions.
(13.1)
Appendix 13
PLA/20090777 Greenhouse Community Project
13 August 2010
Page 2
Please don't hesitate to contact me if you wish to discuss any of the enclosed further. Otherwise we look
forward to officers updating members on the contents of the attached documents at any future planning
committee meeting in respect to this application.
Yours sincerely,
James Alflatt MRTPI AIEMA
Principal Planner
Encs.
Copy: Steve Oxenham, North Norfolk District Council
Roger Howe, North Norfolk District Council
Clive Hay-Smith, Greenhouse Community Project
Ken Harrison, Waitrose
Beverley Firth, Mills & Reeve
Robin Purchas, QC
(13.2)
Appendix 13
PLA/20090777 Greenhouse Community Project
13 August 2010
Page 3
Proposed Planning Conditions
As noted in our previous correspondence regarding planning conditions on 17 February and 7 April 2010, we
consider that as no residential properties are within the immediate vicinity of the site, we don't consider a
condition restricting the hours of opening of the store is necessary. However as discussed during our meeting
on 14 July 2010, if this provides additional reassurance/control to the Local Planning Authority, we have no
objection to an appropriately drafted ‘hours of opening’ condition as suggested in condition 25 from being
imposed. The proposed full suite of conditions is outlined below:
1. The development hereby permitted must be begun before the expiration of five years from the date of
this permission.
2. No development shall take place until details, including samples and colours where required, of the
materials used in the construction of the external surfaces of the development hereby permitted have
been submitted to and approved in writing by the Local Planning Authority. The materials to be used in
the development shall be in accordance with the approved details and retained in perpetuity unless
otherwise agreed in writing with the Local Planning Authority.
3. No foul drainage from the development hereby approved shall be discharged other than to the main
sewer.
4. No development shall take place until full details of both the hard and soft landscape works have been
submitted to and approved in writing by the Local Planning Authority and these works shall be carried
out as approved. These details shall include:
proposed finished levels or contours;
boundary treatments
hard surfacing materials
minor artefacts and structures (e.g. refuse or other storage units, signs, lighting etc)
Soft landscaping works shall include:
planting plans;
written specifications (including cultivation and other operations associated with plant and
grass establishment);
schedule of plants, noting species, plant sizes and proposed numbers/densities where
appropriate;
Implementation programme.
All hard and soft landscaping works shall be carried out in accordance with the approved details. The
works shall be carried out within the first planting season November/March following the
commencement of work on site or in accordance with a programme agreed in writing with the Local
Planning Authority.
If within a period of FIVE years from the date of planting, any tree or plant or any tree or plant planted
in replacement for it, is removed, uprooted or is destroyed.
As discussed at the meeting we do not see the justification for more than the standard 5 years,
and although we have no objection to 10 years from a practical stand point, we would welcome
clarification of the need for the additional time.
5. No development shall take place until there has been submitted to and approved in writing by the
Local Planning Authority a plan indicating the positions, design, materials and type of boundary
treatment to be erected together with proposals as to the timing of provision. Prior to the first
occupation of the development, the boundary treatments shall be carried out in accordance with the
approved details unless otherwise agreed in writing with the Local Planning Authority.
(13.3)
Appendix 13
PLA/20090777 Greenhouse Community Project
13 August 2010
Page 4
6. Prior to the first occupation of the development hereby permitted the proposed access/on-site car and
cycle parking shall be laid out, demarcated, levelled, surfaced and drained in accordance with the
approved plan and retained thereafter free from any impediment to that specific use.
7. No works shall commence on site until the details of wheel washing and/or vehicle cleaning facilities
associated with the proposal have been submitted to and approved in writing by the Local Planning
Authority. The approved facilities shall be made available for use for the entire construction period of
the development.
8. No development shall take place within the site until the applicant, or their agents or successors in title
has:
a) caused to be implemented a programme of archaeological evaluation in accordance with a first
written scheme of investigation which has been submitted to and approved in writing by the Local
Planning Authority; and next
b) Submitted the results of the archaeological evaluation to the local authority; and next
c) Secured an implementation of a programme of archaeological migratory work in accordance with a
second written scheme of investigation which has been submitted to and approved in writing by the
Local Planning Authority.
9. No external lighting shall be erected unless full details of its design, location, orientation and level of
luminance (in Lux) provided have first been submitted to and agreed in writing with the Local Planning
Authority.
10. Development shall not commence until a surface water drainage scheme for the site, incorporating
swales, filter drains, soakaways and permeable paving has been submitted to and approved in writing
by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with
the approved details before the development is completed. The scheme shall also include:
Infiltration testing undertaken in the location of the proposed soakaways, swales, and filter
drains. If the resulting infiltration rates are different to those used in the surface water system
design in the FRA then the infiltration devices shall be re-designed using the appropriate
infiltration rates.
The connecting pipes shall be designed to convey the peak duration 1 in 100 year rainfall
event including climate change.
Timetable for provision of the surface water drainage.
11. Prior to occupation of the development a surface water drainage maintenance schedule and details of
who will adopt and maintain the surface water scheme shall be submitted and agreed, in writing, with
the Local Planning Authority.
12. Prior to the commencement of development, a scheme for the provision and implementation of
rainwater harvesting shall be submitted and agreed, in writing, with the Local Planning Authority, as
outlined in section 4.2 of the FRA. The scheme shall be constructed and completed in accordance with
the approved specification before occupation of any part of the proposed development.
13. The ecological recommendations made in Section 6 of The Ecology Consultancy’s Extended Phase
One Habitat Survey and Protected Species Assessment, dated July 2009, shall be implemented in full.
14. Provision of 1 fire hydrant (on a minimum 150mm diameter main) shall be installed within the site prior
to the first occupation of the development.
(13.4)
Appendix 13
PLA/20090777 Greenhouse Community Project
13 August 2010
Page 5
15. The development shall be constructed in accordance with the following drawings unless otherwise
agreed in writing by the Local Planning Authority, as submitted on 30 July 2009:
16. The Norfolk Food Academy shall be constructed, equipped and available for use before the retail store
can open for business.
17. No more than 10% of net floorspace within the retail store shall be used for the display of comparison
goods.
18. Prior to the first occupation of the store and Norfolk Food Academy, a scheme outlining the provision
of courses available within the Food Academy for staff working in the food store shall be submitted and
approved in writing by the Local Planning Authority. The scheme shall be implemented as approved.
19. Prior to the first opening of the retail store a scheme outlining a range of food products which will be
prepared in the food academy and made available for sale in the café of the retail store shall be
submitted and approved in writing by the Local Planning Authority. The scheme shall be implemented
as approved.
20. Prior to the occupation of the retail store, details of the provision by the food academy of food and
nutritional advice to be made available to customers using the retail store shall be submitted and
approved in writing by the Local Planning Authority. The scheme shall be implemented as approved.
21. Prior to the occupation of the food academy, details of how the excess heat from the food academy will
be recycled into low level poly tunnels for the benefit of the kitchen garden and local allotments, shall
be submitted to and approved in writing by the Local Planning Authority. The scheme shall be
implemented as approved.
(13.5)
Appendix 13
PLA/20090777 Greenhouse Community Project
13 August 2010
Page 6
22. Prior to the occupation of the food academy, the kitchen garden shall be laid out and available for use
in accordance with the approved plans.
23. Prior to commencement, a scheme for the transfer of excess heat to Splash, the adjacent municipal
swimming pool and leisure centre, shall be submitted to the Local Planning Authority and the facility
operators. Subject to the approval of the Local Planning Authority, the scheme and works required will
be implemented as approved.
24. Prior to occupation of the retail store, a scheme detailing the provision of the electric delivery vehicle(s)
shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme
shall be available for use before the store opens for business.
25. The retail store is permitted to trade between the following hours:
Monday-Saturday:
Sunday:
8am – 10pm
10am – 5pm
Informatives
An application to discharge trade effluent must be made to Anglian Water and must have been
obtained before any discharge of trade effluent can be made to the public sewer.
Norfolk Landscape Archaeology (NLA) will provide briefs for the stages of the programme of
archaeological work upon request.
Within the 10% comparison goods floorspace, the retail store shall not sell volume books (excluding
cook books), clothes (excluding hosiery), and electricals (being TV, dishwashers, fridges or freezers)
and will not have a pharmacy, optician or sell financial services from the store.
(13.6)