APPLIC REF NO 2015/257/ST
DATE RECEIVED
1/05/2015
CASE OFFICER
John Krawczyk
DATE OF EXPIRY
WARD
Lindhurst
WARD COUNCILLOR
07/08/2015
Roger
Sutcliffe
APPLICANT
MR IAN BARRADELL
LOCATION AND DESCRIPTION OF PROPOSAL
------------------------------------------------------------------------------------------------------------LINNEY GROUP LIMITED ADAMSWAY MANSFIELD NG18
4FL
THREE STOREY OFFICE AND DESIGN STUDIO WITH
PRESENTATION SPACE, MEETING ROOMS AND ANCILLARY
SELF-SERVICE CAFÉ, 135 CAR PARKING SPACES, HARD
AND SOFT LANDSCAPING
------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS
DESCRIPTION OF PROPOSAL AND APPLICATION SITE
This application has been referred to Planning Committee as it is major
application. The application site is an area of grassed informal amenity space
which forms part of the wider Linney Group site, an international marketing
group who have offices, design studios and printing facilities at the site. The
site occupies a prominent position on Southwell Road West and at the
junction of Southwell Road and Adamsway.
This application proposes the erection of a 3-storey office and design studio
that would occupy a footprint of approximately 85m by 17m and a total of 11m
in height. The building would comprise 2 main storeys of accommodation with
a ‘third pop out’ storey and roof terrace above. The building would be
positioned to the front of the site, adjacent to Southwell Road West, with
landscaping proposed between the building and road. The building would be
finished metal cladding with large areas of glazing and architectural detailing.
The development would provide an additional 135 car parking spaces, 8 of
which would accessible spaces, and would be accessed from the existing
vehicular access to the site from Adamsway.
The applicant has stated that the proposed office building would enable the
expansion of the company from 90 employees to 150 employees.
RELEVANT SITE HISTORY
2001/0630/ET - Single storey warehouse extension, extension of the service
yard, associated drainage and external works
OBSERVATIONS RECEIVED
Throughout this report observations received in respect of each application
are presented in summary form. The full letters and consultation responses
received, including details of any non-material planning observations, are
available for inspection both prior to and at the meeting.
Anyone wishing to make further comments in relation to the application must
ensure these are received by the Council by 12 noon on the last working day
before the date of the Committee.
(1)
Nottinghamshire County Council Highways
According to the submitted Technical Note the proposed construction of a
2,850 square metre design studio (B1 office class) has the potential to
generate between 68 & 71 two-way vehicular trips during peak times i.e. 1
vehicle trip every 52 seconds on average. The recommended benchmark that
requires a Transport Assessment (TA) to assess and mitigate the negative
transport impacts of a development is any traffic generation greater than 1
vehicle trip every 2 minutes. Therefore, this development proposal exceeds
the normally applied benchmark by twice the recommended threshold.
In summary, the Highway Authority does not entirely agree with all the
findings of the Technical Note but agrees that the site access junction and
Adamsway/Lindhurst/Bellamy roundabout to the south should operate well
within the capacity during both the morning and evening peak.
However, the Highway Authority does not agree with the conclusion that the
development will have a negligible effect on the nearby northern
Adamsway/Southwell Road junction and therefore no mitigation is suggested.
Site observations and the modelling summary from the consultant, indicate
that the junction is already operating over capacity. The results identify there
is a maximum queue length of 62 to 122 passenger car units (pcu’s) on
Adamsway in the am & pm peaks respectively. Furthermore, it is noted that
there is no reference to the additional pressure from the nearby Lindhurst
development which is committed development (circa 1700 dwellings + mixed
use). Inclusion of any committed development should be a key parameter in
all transportation assessments. As there is no spare junction capacity in the
base case without development, the performance of the junction is in an area
where a small amount of extra traffic will have a disproportionate effect on the
junction queues and delays. Paragraph 32 of the National Planning Policy
Framework (2012) NPPF clearly states that development proposals should be
prevented on transport grounds where the residual cumulative impact of the
development is severe. The traffic signals are already overcapacity and
congestion is severe, therefore the cumulative impact of this proposal no
matter what scale will only worsen the existing situation. Consequently, the
Highway Authority is of the opinion there is scope to request some mitigation
measures such as puffin style pedestrian facilities on the longer pedestrian
crossings to potentially reduce some of the longer clearance periods and free
up that time to the critical traffic movements.
Alternatively, the consultant/applicant could reduce/offset development trips
by the introduction of improved walking, cycling, and public transport facilities
in the area as required by government Planning Practice Guidance March
2014. The submitted Technical Note currently fails to take account of this.
The transport intentions of the NPPF are clear. The section is called
‘Promoting Sustainable Transport’, which is defined in the glossary as ‘Any
efficient, safe and accessible means of transport with overall low impact on
the environment, including walking and cycling, low and ultra-low emission
vehicles, car sharing and public transport’. Other references to managing
sustainable growth are contained in paragraph 17, 29, 30, 32 & 35 of the
NPPF.
The Highway Authority recommends that the applicant proposes and/or
agrees to a planning condition that provides an appropriate scheme of
improvements to benefit non-motorised user groups.
Planning Contribution Strategy for Highways
All new developments have a direct and indirect impact on the existing
transport infrastructure, so should contribute towards mitigation of the
negative impacts and the realisation of an improved and integrated transport
system. The Nottinghamshire County Council Planning Contribution Strategy
(PCS) and National Planning Policy Framework 2012 (NPPF) indicates that
developments must contribute to the wider strategic transport improvements
for public transport and facilities for cycling and pedestrians.
This will provide motorists with an alternative mode of transport to the car and
help to achieve modal transfer targets as set out in the County Council’s Local
Transport Plan which reflects current ministerial planning policy.
The HA is of the opinion that the current application does not fully meet the
core planning principle of promoting opportunities for sustainable
travel. There are no proposals to improve surrounding facilities or deal with
the traffic generation for this proposal to achieve this key planning principle.
Furthermore, the scale of the development will trigger the requirement for
contributions to provide for the extra demand on highway assets and
infrastructure contained in Nottinghamshire County Council’s Planning
Obligation Strategy (April 2014)
The County Council would typically seek £32K per development scenario that
would generate 30 No. 2-way peak hour vehicle trips. Based on the figures in
the Technical Note, the maximum total 2-way trip generation is 71 No.
Therefore, the LPA should secure a contribution of (£32K x 71/30 = £75,733)
to be used towards the cost of providing improved sustainable facilities and/or
traffic signals improvements to overcome the rise in severity of the
developments residual cumulative impact.
The Highway Authority recommends that site related improvements are
secured by planning condition or through the Section 106 Agreement. This will
provide a transparent system of agreeing planning obligations as advocated
under the Community Infrastructure Levy (CIL) regulations, 2014 policy and
fulfil current transport/planning policy requirements.
The Highway Authority considers that the above requirement to enhance the
sustainable transport and provide a financial contribution the total cost of the
traffic signal improvement / accessible non-car dependant facilities to be
reasonable and necessary to make the development acceptable in planning
terms. The planning obligation to assist in mitigating the impact of
unacceptable development is directly related to the development and practical
in relation to type and scale of the development which meets the tests of CIL
Regulations 2014.
(2)
Environmental Health
No objection
POLICY & GUIDANCE
National Planning Policy Framework (2012)
Paragraph 14 - Sets a presumption in favour of sustainable development
which should be seen as the golden thread running through both plan making
and decision taking.
For decision taking this means:


approving development proposals that accord with the development
plan
without delay; and
where the development plan is absent, silent or relevant policies are
out‑ of‑ date, granting permission unless:
- any adverse impacts of doing so would significantly and
demonstrably outweigh the benefits, when assessed against the
policies in this Framework taken as a whole; or
- specific policies in this Framework indicate development should be
restricted.
Section 1 – Building a Strong, Competitive Economy – sets out that the
Government of committed to ensuring the planning system does everything it
can to support sustainable economic growth
Section 4 – Promoting Sustainable Transport
Section 7 – Requiring Good Design – States that good design is key aspect of
sustainable development
Mansfield District Local Plan saved policies. [28/09/07]
Saved Policy DPS2 (28/09/07) – This policy aims to ensure development is
concentrated in the most sustainable locations.
Saved Policy BE1 (28/09/07) – This policy aims to ensure developments
achieve a high standard of design.
Saved Policy E3 (28/09/07) – States that planning permission will be granted
for the development of employment uses within the urban provided that
several criteria are met.
Saved Policy M16 (28/09/07) – Sets out the criteria that new developments
need to meet in relation to the highway network.
The Mansfield District Local Plan 1998 identifies the site as being within the
defined urban boundary.
Other Guidance
Draft Interim Planning Guidance Note 10 ‘Parking for New Developments’
ISSUES
The issues for consideration are;
1)
2)
3)
4)
The principle of the development
The impact upon visual amenity
The impact upon the amenity of nearby occupiers
The impact upon highway safety
The Principle of the development
The site is occupied by Linney Group an international marketing group with
offices, design studios and printing at the site and is positioned to the edge of
an established industrial estate within the defined urban boundary. The
proposed office and design studio will allow the expansion of the company,
providing an additional 60 jobs. The site is considered to be positioned within
a sustainable location within an existing commercial location which is well
served by public transport and is readily accessible by car.
The principle of the proposal is therefore considered to fully comply with the
objectives of both the National Planning Policy Framework and Saved Local
Plan Policy E3 (28/09/07).
Impact upon visual amenity
The proposed building would be positioned to the front of the Linney Group
site, to an open area of grassed amenity space which gives the site frontage a
very open character. The building would be of a substantial size and occupy
and large proportion of the Southwell Road frontage of the site. It is
acknowledged the building would be very prominent feature within the street
scene and would undoubtedly change the appearance of the area and would
be of a contemporary design with a very linear, horizontal emphasis with flat
roofs and a ‘pop-up’ third floor element.
As the site is slightly elevated above the existing buildings within the site the
immediate context for the proposal is provided by the surrounding mxiture of
commercial buildings to Southwell West and Admasway as well as the
existing buildings on the site which are purpose-built and of varying size and
scale but are of a distinctive theme throughout. There are residential
properties within the wider area, but it is considered they have a very limited
role in terms of the context for this extension as they are located in excess of
60m from the site and back on to the opoosite side of Adamsway and
furthermore do not to the existing site and buildings.
Although the proposed building would be of a significant size it is considered
it would relate well to its commercial setting. The proposed materials are in
contrast to those used in the wider area, but are in keeping with those used
thoughout the Linney site. The contemporary cladding is considered suitable
in terms of the design and scale of the building proposed and would be in
accordance with the overall design and scale of the wider site. The building
would be of a high standard of design and contemproary in apperance, and
the design of the proposed design studio would respect the context of the site
and would result in a coherent scheme of colour and materials whist creating
a prominent and wel designed landmark building.
It is therefore considered that the proposed design studio would create a
strong development frontage to Southwell Road West and would provide a
contemporaily designed building that would respect the context of the existing
site and would reflect the aspirations and priorities of both the applicant and
the District.
The impact upon amenity
The nearest dwellings are located to south-west of the site, in excess of 60
metres from the site boundary. Due to the positioning of the proposed building
and the level of separation the development would not cause any
overshadowing or overlooking to the occupiers of the residential area. The
nature of the use of the building as offices and design studio would not result
in any increase in noise and disturbance to nearby occupiers.
The site is bounded to the south-east by commercial premises currently in use
as vehicle repairs and sales and the development would not have a
detrimental impact upon the occupiers of this site.
It is therefore considered the development would not result in a detrimental
impact to the amenity of nearby occupiers.
Highway matters
The design studio would be accessed from the existing vehicular entrance on
to Adams Way and no alterations are proposed to this access. The proposal
includes a new car parking area which would provide an additional 135
parking spaces. Draft Interim Planning Guidance Note 10 ‘Parking for New
Developments’ recommends that a minimum of 81 spaces should be provided
to serve a development of this size, therefore the proposal far exceeds this.
Nottinghamshire County Council Highways have not raised an objection to the
proposal but have raised concerns that the junction of Southwell Road West
and Adamsway is currently operating over capacity and that the information
provided within the Transport Statement and Technical by the applicant
demonstrates that the development would have a detrimental impact upon
this junction and worsen the existing congestion.
As the development is considered to have a direct upon the existing transport
infrastructure, a contribution toward the mitigation of the negative impacts is
necessary to make the proposal acceptable. This is in accordance with The
Nottinghamshire County Council Planning Contribution Strategy and National
Planning Policy Framework 2012 which indicates that developments must
contribute to the wider strategic transport improvements for public transport
and facilities for cycling and pedestrians.
As it the current application is considered not fully meet the core planning
principle of promoting opportunities for sustainable travel. There are no
proposals to improve surrounding facilities or deal with the traffic generation
for this proposal to achieve this key planning principle. It is therefore
considered appropriate to secure a scheme of site related improvements are
secured by planning condition. These improvements should include improved
sustainable facilities such as improvements to existing cycle routes and /or
traffic signal improvements.
It is therefore considered that, subject to an appropriate scheme of highway
improvements to be agreed with Nottinghamshire County Council, the
proposal would not have a detrimental impact upon surrounding highway
network.
CONCLUSION
The proposal is considered to accord with the objectives of the National
Planning Policy Framework 2012 and criteria of Saved Polices BE1, E3 and
M16 of the adopted Mansfield District Local Plan. The proposed design studio
would make a positive contribution in terms of employment opportunities and
to the surrounding area and the district as a whole. The development would
not have a detrimental impact on the character or appearance of the
surrounding area or upon the amenity of the occupiers of nearby properties. It
is therefore considered that there are no adverse impacts of granting
permission that would significantly and demonstrably outweigh the benefits of
this development when assessed against the Framework and it is
recommended that planning permission be granted with conditions.
RECOMMENDED CONDITIONS/REASONS/NOTES
(1) Condition: The development hereby permitted shall be begun before the
expiration of three years from the date of this permission.
(1) Reason: In accordance with Section 91(1) of the Town and Country
Planning Act 1990, as amended by S51(1) of the Planning and Compulsory
Purchase Act 2004.
(2) Condition: This permission shall be read in accordance with the following
plans:
Site Location Plan, Drawing No. PL-A-00001 Revision A, received 8 May
2015
Site Plan, Drawing No. PL-A-05000 Revision A, received 8 May 2015
Building Elevations, Drawing No. PL-A-30000 Revision A, received 8 May
2015
Ground Floor Plan, Drawing No. PL-A-10000 Revision A, received 8 May
2015
First Floor Plan, Drawing No. PL-A-10001 Revision A, received 8 May 2015
Second Floor and Roof Plan, Drawing No. PL-A-10002 Revision A, received 8
May 2015
Building Area Plans, Drawing No. PL-A-70000 Revision A, received 8 May
2015
Site Cross Section, Drawing No. PL-A-20000 Revision A, received 8 May
2015
Design and Access Statement, received 8 May 2015
Drainage Statement, received 8 May 2015
Travel Plan, received 8 May 2015
Transport Statement, received 8 May 2015
Phase I Geo-Environmental Report, received 8 May 2015
The development shall thereafter be undertaken in accordance with these
plans unless otherwise agreed in writing by the Local Planning Authority.
(2) Reason: To define the permission, for the avoidance of doubt.
(3) Condition: In the event that contamination is found at any time when
carrying out the approved development that was not previously identified it
must be reported in writing immediately to the Local Planning Authority. An
investigation and a risk assessment must be undertaken in accordance with
the requirements of condition 4. Where remediation is necessary a
remediation scheme must be prepared in accordance with the requirements of
that condition and shall be submitted to and approved by in writing by the
Local Planning Authority.
Following completion of measures identified in the approved remediation
scheme a verification report must be prepared and approved by the Local
Planning Authority.
(3) Reason: To ensure that risks from land contamination to the future users
of the land and neighbouring land are minimised, together with those to
controlled waters, property and ecological systems, and to ensure that the
development can be carried out safely without unacceptable risks to workers,
neighbours and other offsite receptors in accordance with Saved Policy
DWM1 (28/09/07) of the adopted Mansfield District Local Plan 1998.
(4) Condition: Unless otherwise agreed by the Local Planning Authority,
development other than that required to be carried out as part of an approved
scheme of remediation shall not commence until the conditions below have
been complied with. If unexpected contamination is found after development
has begun, development must cease on that part of the site affected by the
unexpected contamination to the extent specified by the Local Planning
Authority in writing until condition 3 has been complied with in relation to that
contamination.
a) Site Characterisation
An investigation and risk assessment, in addition to any assessment provided
with the planning application, must be completed in accordance with a
scheme to assess the nature and extent of any contamination on the site,
whether or not it originates on the site. The contents of the scheme shall be
submitted to and approved in writing by the Local Planning Authority. The
investigation and risk assessment must be undertaken by competent persons
and a written report of the findings must be produced. The written report shall
be submitted to and approved in writing by the Local Planning Authority. The
report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
•
human health,
•
property (existing or proposed) including buildings, crops, livestock,
pets, woodland and service lines and pipes,
•
adjoining land,
•
groundwaters and surface waters,
•
ecological systems,
•
archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s
This must be conducted in accordance with DEFRA and the Environment
Agency’s ‘Model Procedures for the Management of Land Contamination,
CLR 11’
b) Submission of Remediation Scheme
A detailed remediation scheme to bring the site to a condition suitable for the
intended use by removing unacceptable risks to human health, buildings and
other property and the natural and historical environment shall be prepared
and then submitted to and approved in writing by the Local Planning Authority.
The scheme must include all works to be undertaken, proposed remediation,
timetable of works and site management procedures. The scheme must
ensure that the site will not be classed as contaminated land under Part 2A of
the Environmental Protection Act 1990 in relation to the proposed end use
after remediation.
c) Implementation of Approved Remediation Scheme
The approved remediation scheme must be carried out in accordance with its
terms prior to the commencement of any development other than that
required to carry out remediation, unless otherwise agreed in writing by the
Local Planning Authority. The Local Planning Authority must be given at least
two weeks written notification of commencement of the remediation scheme
works.
Following completion of measures identified in the approved remediation
scheme, a verification report (referred to in PPS23 as a validation report) to
demonstrate that the remediation has been carried out must be produced.
This document is subject to approval by the Local Planning Authority.
(4) Reason: To ensure that risks from land contamination to the future users
of the land and neighbouring land are minimised, together with those to
controlled waters, property and ecological systems, and to ensure that the
development can be carried out safely without unacceptable risks to workers,
neighbours and other offsite receptors in accordance with Saved Policy
DWM1 (28/09/07) of the adopted Mansfield District Local Plan 1998.
(5) Condition: No development shall take place until there has been submitted
to and approved in writing by the Local Planning Authority a scheme of
landscaping. Such a scheme shall include as appropriate: details of proposed
and existing shrubs and hedgerows including details of those to be retained
and any to be removed, planting plans, written specifications including
cultivation and other operations associated with plant and grass
establishment, schedules of plants noting species sizes and proposed
numbers/densities where appropriate and a programme of implementation.
All planting, seeding or turfing indicated in the approved scheme shall be
carried out in the first planting and seeding seasons following the occupation
of the building or the completion of the development, whichever is the sooner,
and any plants which within a period of five years from the completion of the
development die, are removed, or become in the opinion of the Local
Planning Authority seriously damaged or diseased, shall be replaced in the
next planting season with others of similar size and species, unless the Local
Planning Authority gives written consent to any variation. The development
thereafter shall be undertaken in accordance with the approved details.
(5) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.
(6) Condition: No development shall take place until full details of hard
landscaping works have been submitted to and approved in writing by the
Local Planning Authority. These details shall include hard surfacing materials
for all car parking layouts and other vehicular and pedestrian access and
circulation areas. The development thereafter shall be undertaken in
accordance with the approved details.
(6) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan
(7) Condition: The approved office and design studio shall not be occupied
until a scheme of improvement to off-site sustainable transport facilities and /
or traffic signal improvements has been submitted to and approved in writing
by the Local Planning Authority. The scheme shall be commenced in
accordance with the approved details prior to the occupation of the hereby
approved office and design studio.
(7) Reason: To promote sustainable travel and in the interests of general
highway safety.
(8) Condition: The hours of work during construction and the delivery of
materials on to the site shall be restricted to 08.00-18.00 hours MondayFriday, 08.00-13.00 hours Saturdays and no working shall take place on
Sundays and Bank Holidays.
(8) Reason: In the interests of reasonable residential amenity and to accord
with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local
Plan.
(9) Condition: No development shall take place until the method of working
during the construction phase, in the form of an environmental management
plan, to include control of noise, vibration and dust emission has been
submitted to and approved in writing by the Local Planning Authority. All
subsequent construction shall be undertaken in accordance with the approved
scheme unless otherwise agreed in writing by the Local Planning Authority.
(9) Reason: In the interests of reasonable residential amenity and to accord
with Saved Policy BE1 (28/09/07) of the adopted Mansfield District Local Plan
(1) Note to Applicant: The proposed off-site highway works referred to in
condition 7, requires a financial contribution of £75,733 prior to the occupation
of the building to provide the off-site highway mitigating works. It is therefore
recommended that you contact: Peter Evans, Principal Highways
Development Control Officer, telephone – 01623 520733, email –
peter.evans@nottscc.gov.uk, to discuss the scheme of off-site mitigating
works.
Statement of Positive and Proactive Working
The Local Planning Authority has worked positively and proactively with the
applicant to seek solutions to problems arising from the application and as
such consent is granted on the basis of the additional information to the
originally submitted scheme.