DEFERRED ITEM
12/00093/VAR
Land & Water Estates
Ltd
SWINDON
Land Adjacent Staffordshire & Worcestershire Canal High Street
Swindon
Variation of condition two of 10/00312/FUL to permit amended layout
and increase from 199 to 236 berths [major development]
1. SITE DESCRIPTION AND PLANNING HISTORY
Site Description
See previous report - Appendix 2
Planning History
See previous report - Appendix 2
2. APPLICATION DETAILS
Proposal
See previous report - Appendix 2
Agents Submission
See previous report - Appendix 2
Agent (22.05.12) Bentomat liner will be used instead of clay for the waterproof
lining of the marina. This has been the case since the application was approved;
and therefore all lorry movements relating to Bentomat have been included in
the traffic and transport assessment that has been approved by the Highways
Departments both within the original application and within this one. A single
line of Bentomat is equivalent to 0.75m thickness of clay. The marina basin is
27,600m2 and therefore 138 rolls of 200m2 will be needed; this means that 7
lorry deliveries will be made to site; 14 lorry movements in total.
At 27,600m2 and 0.75m thick, a volume of 20,700m3 of clay would be needed
to do the same job. A lorry containing 9m3 of clay would need to visit site 2,300
times; 4,600 lorry movements in total.
The use of Bentomat in the permitted development and in this alteration
application is shown to have a significantly beneficial impact on sustainable
travel for development, and would have a significantly lower impact on the
village.
Bentomat will be delivered to site from its nearest supply line in Ellesmere Port,
The Wirral.
Agent (29.05.12)
“1) I refer you to two recently constructed and successful schemes with which I
am well acquainted and attach development plans for. Caen Hill Marina
(Foxhangers, Wiltshire - East Wiltshire Council) was permitted in 2009 and has
been open and approaching full for 2 years. It has 249 berths with 83
designated marina parking spaces and 11 designated spaces for the facilities
building (which includes a tea room and chandlery). This provides a ratio
(including the 11 facilities spaces) of 1: 2.65. The marina management plan
includes the potential for up to 30 occasional, undesignated spaces to be located
on the grass in between parking bays. The undesignated spaces have yet to
be even close to implemented despite near 90% occupation in year 2.
Overwater Marina in Audlem (Cheshire East Council - permitted 2008) has been
fully established for over 2 years and approaching 90% full. It has permission for
227 berths, with 60 permanent spaces for the marina users, and 40 occasional,
undesignated spaces to serve the facilities building (again with visitors centre,
tea room and chandlery) and overspill.
The 236 scheme at Swindon offers 80 permanent spaces, 21 tea room spaces,
and 32 public spaces. This stands up to the two, BW supported, permitted and
excellent marina schemes outlined above. There are 53 spaces (21 at the tea
room, 32 in the public parking area) that can service the visitors centre, the
public and 'occasional' use for the marina therefore all 53 should be taken into
consideration in the parking space standards for the Visitors Centre. The
provision of 'open' spaces to the north of the scheme is significant, and
Committee agreed to these in the approved development. The provision of
spaces at the north end is unchanged in this application therefore Committee
should consider the consistency of their decision making in respect of parking.
The traffic assessment shows this 'occasional' parking element to be
unnecessary however the applicant is willing to include it to give additional
comfort that parking issues will not arise.
2) The County Highways officer had no objections to the scheme in his
consultation feedback of 6th March 2012. The spaces at the southern end were
re-distributed along the western edge of the site to reduce the visual impact of
parking close to the canal and the impact on the openness of the Green Belt
which were areas of some concern raised before the amendment application was
submitted. Ideally the spaces would be distributed equally around the site. A
marina management plan for holiday visitors (those who take their boats off the
berth for longer than a weekend – usually a significant minority) would simply
indicate where their car would be parked for the duration most likely to be close
to the position of the berth. It is also possible to offer a further 10 spaces within
the 3 most southerly car parking areas without impacting on the Green Belt,
flood mitigation arrangements or the landscape character of the area.
3) Whilst we feel the marina provides a more than adequate number of parking
spaces as illustrated in the examples of other marinas provided above, if the
Committee consider that it would be necessary to make arrangements for
overflow parking, this could be provided in the form of undesignated
grasscreted areas around the NW marina car park with no impact on the flood
mitigation arrangements for the site and hold around 18-22 parking spaces.
Once again, this is considered unnecessary given that the parking provision is
consistent with the permitted scheme.
4) In respect of the overall project costs, I can confirm that the tea room and
visitors centre represents circa 5.2% of the marina cost. The cost of the tea
room is modest with respect to the cost of the marina itself and there has not
been a marked difference in the build cost since 2008 as the steel and fuel cost
increases may have increased but costs of labour, glass and professional
services have decreased due to competition of services and suppliers in the
recession.
I hope the above is of some assistance and is sufficient to overcome any
concerns Committee may have by providing relevant information to assist them
make their decision. I reiterate that the scheme is an amendment to the one
that Committee has approved. The parking is at the same ratio as that
approved, the Highways Officer offered no objections and British Waterways
supports the scheme; the public/tea room car parking is at the same ratio as
that approved and when considered against the examples I have provided it is
clear the parking is sufficient. However, we also are willing to make
arrangements for occasional additional parking should that be found to be
necessary and this could be secured as a condition of planning.”
Pre-application Discussions
See previous report - Appendix 2
3. POLICY CONTEXT
See previous report - Appendix 2
4. CONSULTATION RESPONSES
Additional comments reported on the update list:
Case Officer comment:
National Planning Policy Framework [NPPF] - amendment to references made in
the main report.
The parts of the NPPF which are relevant to the application are:
the presumption in favour of sustainable development – the parts played by, and
interdependence of, the three roles of sustainable development which are
economic, social and environmental.
The delivery of sustainable development, as set out in the ensuing sections of
the NPPF:
3. Supporting a prosperous rural economy – job creation, agricultural
diversification, tourism and leading to retention of local services
7. Requiring good design
8. Promoting healthy communities – places which are accessible and where
people meet, open space for active lifestyles, shared space, integration with
community facilities.
9. Protecting Green Belt land – prevent urban sprawl, keep land open and
require that where inappropriate development is proposed that very special
circumstances are demonstrated to outweigh other considerations.
10. Meeting the challenge of climate change, flooding and coastal change –
development in flood risk areas to be supported by flood risk assessment,
sequential tests and take the opportunity to reduce/manage flood risk.
11. Conservation and enhancement of the natural environment –
protect/enhance landscape and provide net gains in biodiversity
12. Conserving and enhancing the historic environment – recognise and draw on
contribution heritage assets make to character of a place; put heritage assets to
viable economic use; recognise wider social, economic and environmental
contributions that can be made from heritage assets.
Parking Standards.
The emerging Local Development Framework, Core Strategy, Appendix 6 Parking Standards, which are derived from the former PPG13 and Manual for
Streets, requires 1 boater parking space for every 2 boats in a marina [i.e. 118
spaces for 236 berths]. However, the policy allows for some negotiation where
road safety is not hampered/ prejudiced.
However, County Highways have not objected to the application.
Environmental Health Officer (22.05.12)
Amended condition 6:
6. The level of noise emitted from the site shall not exceed the noise levels as
detailed in the table below:
Location
Noise level in
Noise level in
Noise level in
dB LAeq 15 mins dB LAeq 15 mins dB LAeq 5 mins
Daytime
Evening
Night time)
(0700 -1900)
(1900 -2300)
(2300 -0700)
Lock Keepers Cottage
42
39
35
Dwellings on The Brooklands
40
37
35
Dwellings along Reynolds Close
42
39
35
The method of measurement shall be as follows:

The apparatus shall be a precision sound level meter.
 The measurement shall be made at a height of 1.2 metres, and if
practicable at least 3.6 metres from any walls, buildings or other reflecting
surfaces. For the purposes of this condition measurement shall be at the
curtilage of any noise sensitive property.
 Precautions shall be taken to minimise the influence on the readings of
atmospheric conditions and other extraneous sources.”
Additional condition:
35. During construction of the marina the following methods to limit noise
impact shall be employed:
- Hours of working shall be restricted to between 08:00 – 18:00 hours
Monday to Friday and 08:00 – 13:00 hours Saturdays. There shall be no
working on Sundays or Bank Holidays.
- The contractors shall adopt Best Practicable Means to control noise and
vibration levels from all site operations.
- No percussive piling shall be carried out on site.
- All plant and machinery shall be maintained at all times.
- The use of localised noise barrier hoardings shall be employed where noise
and vibration levels are anticipated to be high at noise sensitive premises.
- Super-silenced dewatering pumps shall be utilised on site, with their
location chosen to minimise potential impacts on residents of noise
sensitive premises.
- Details of a site supervisor shall be provided to the local authority and
posted at the site perimeter, who is on site at all times and can deal with
any complaints which may arise from the works.
Reason
35. To safeguard the amenity of the area in accordance with policy BE26 of
the adopted Local Plan.
5. APPRAISAL
This application was reported to the meeting on 22 May, when it was deferred to
obtain comments from County Highways in respect of the parking situation. The
original report is attached as Appendix 2.
There is a need for off-line moorings on the Staffordshire and Worcestershire
Canal and the effect of creating mooring spaces in a marina has a benefit to the
wider canal network by reducing the number of on-line moorings on the
approximately 23 miles of the Staffordshire and Worcestershire Canal
Conservation Area in South Staffordshire District without reducing the potential
tourism benefits arising from the ownership of boats in and passage of boats
through the district.
The marina area in the proposed scheme is 27,600 sq metres and in the
approved scheme was 25,200sq metres which is an increase of 2,400sq metres
in water area which is 9.5% in terms of proportion.
The increase in the number of boat berths in the proposed scheme is 37. This
increase in the number of berths is partly compensated for in respect of the
impact the presence of the boats would have on the openness of the Green Belt
because there would be more, shorter boats in the make-up of the amended
scheme.
The current application is for 236 berths. The parking proposed for marina users
is now separate from the parking for tea room users and the car park available
for use by the public to access the open space areas and Swindon, High Street.
This parking area was included in the S106 with the approved scheme and the
access arrangements would remain largely the same. For marina parking the
plans show that there would be 78 spaces exclusively available to boaters. For
the tea room there would be 18 spaces directly beside it. There would be 32
spaces in the publicly accessible car park the mid-point of which is
approximately 75m or so from the tea room entrance, i.e. 128 spaces.
There are no parking standards in the adopted Local Plan for marinas. The
parking standards in the submitted Core Strategy are as follows:
A1 Retail
A3 Restaurant/café
Marinas
Staff: 1 space per 95sq metres gross floor area
Customers: 1 space per 20sq metres gross floor area
Staff: 1 space per 85sq metres gross floor area.
Diners: 1 space per 5sq metres of dining area.
1 space per 2 mooring berths [ratio of 1:2]
This would result in a requirement for 118 spaces for the berths. The tea
room/visitors building has a gross floor area of some 346sq metres and a
café/dining area of some 120sq metres with the remaining 226sq metres given
over to 25.7sq metres of farm shop retail, office space and reception office of
38sq metres and the remainder being foyer, exhibition space, kitchen and toilet
areas. This would generate a need for and 24 diners parking spaces, 1 for
visitors to farm shop, and 3 office and retail staff parking spaces which is a total
of 28 spaces leading to a total requirement of 146 spaces on the whole site. On
this basis there is a shortfall of some 18 parking spaces. I am satisfied that
these could be provided within the site if required, without significant additional
impact on the openness of the Green Belt. It is expected that there would be an
overlap in the clients using the visitors building café and farm shop with those
visiting the public amenity space and a concomitant reduction in the need for
additional spaces which cannot be quantified at present. However, in my opinion
the additional parking could be accommodated on the site in an appropriate way.
6. CONCLUSION
The development of an inland marina with associated ancillary development is
not included amongst the forms of development which are considered not to be
inappropriate development in Green Belts. The development of open space for
recreational use in the form of the amenity area is not inappropriate
development in the Green Belt and is included as one of the purposes for which
a Green Belt is designated. The National Planning Policy Framework Green Belt
policy is also expressed in the development plan for South Staffordshire together
with other relevant policies. There are, however, significant other material
considerations in this case which include the Government's economic growth
agenda as set out in letters from the Planning Minister in 2011 and in the
introduction to and detail of the new National Planning Policy Framework in
2012. The Council also has objectives for prosperous economies in its Corporate
Plan and in the South Staffordshire Sustainable Communities Strategy (2008 2020) and in promoting inward investment to sustain local businesses and
employment in the recently published South Staffordshire Council Plan 2012 to
2016.
The most important attribute of Green Belts is their openness and therefore
consideration needs to be given to the impact of the development on 'openness'
in this Green Belt location. A conclusion in the case of this planning application
will depend on whether there exists 'very special circumstances' that are
sufficient to outweigh the harm to the Green Belt by reason of
'inappropriateness' and harm to 'openness' in this location. The amended
proposal increases the number of boats by 37 when the marina is fully occupied
and the water area by 2,400sq metres [9.5%].
The emerging Local Plan and the extant development plan for South
Staffordshire include support for canalside facilities that are located close to
villages (Structure Plan Policy R7) and give clear support for the development
and success of tourism and cultural assets, including new facilities in policy PA10
- Tourism and Culture of the West Midlands Regional Spatial Strategy (WMRSS)
with the canal network identified as an asset. South Staffordshire seeks to
deliver thriving and sustainable communities and the promotion of tourism
appropriate to South Staffordshire. Thus there is significant policy support for
the economic benefit that a development of this nature can bring.
Furthermore, the benefits the proposal will bring to the community through its
integration with the village by providing a recreation space, parking for the
village businesses, a tourist attraction with economic benefits and the potential
for a small number of local jobs are very much in tune with the Government's
expressed agenda for growth. Rural renaissance is a key objective of the WMRSS
and the Council's emerging Core Strategy which seeks to encourage rural
regeneration in South Staffordshire. In this case, it will be important that the
development functions as part of the 'public realm' so that local people have
access to the facilities and 'boaters' are encouraged to access the village and the
local businesses located in Swindon. To this end, heads of terms within the
existing signed Section 106 Agreement and the proposed deed of variation to
link it to this amended proposal, and the recommended planning conditions
which have been drafted, include opening hours and car parking that is
accessible to local people.
There will be some minimal additional impact on the openness of the Green Belt
in the amended proposal as the water area will increased by approximately 9.5%
with an additional 37 boats and there would be a small increase in the number of
cars parked and visible in the application site. However the additional planting
and landscape enhancements and the improved biodiversity, through a further
increase in the area of the amenity ponds, are both positive aspects of the
proposal. I also consider that there is adequate parking on-site, but further
provision could be made within the site without changing the planning balance,
and this can be covered by condition
The amenity area which gives access to a very significant part of the site by
members of the public is an outdoor recreational use which would have a
positive role in fulfilling the objectives of the Green Belt in terms of the provision
of access to the open countryside and opportunities for outdoor recreation for
local people. In the amended submission this area has increased in size.
Amenity and pollution matters and the attenuation measures for flood risk have
all been adequately dealt with in the proposal and the officers of the responsible
bodies have indicated that they do not consider there is any additional risk to
health and safety posed by the development subject to the imposition of
appropriate conditions.
There remain significant benefits associated with the proposed amended
scheme. It would contribute towards the sustainability and economic vitality of
the local community and support local businesses such as pubs and shops. The
creation of enhanced canalside facilities accords with the encouragement of
tourism that is appropriate in South Staffordshire and these benefits extend
further than the immediate location when canal boats are cruising through the
23 miles of the Staffordshire and Worcestershire Canal within the district. The
improved access to the countryside and opportunities for outdoor recreation can
contribute to health and well being, which is an important part of the
Sustainable Communities Strategy for South Staffordshire.
It is accepted that there will be changes to the character and appearance of the
local environment. There will be a loss of agricultural land. There will be a
change to the character and appearance of the Conservation Area in this
location, including a new towpath bridge, however this is only a very short
length of the total 23 miles of the same Conservation Area within the district.
There will be some loss of openness of the Green Belt arising from the approved
built development; the additional 37 boats in the amended scheme; the 9.5%
increase in the marina surface area in the amended scheme; and, the additional
car parking associated with the site. However, I considered that the positive
benefits set out above, when given the appropriate weight in respect of how
they meet policy objectives at local and national level, on balance outweigh the
disbenefit and in my opinion the benefits are sufficient to amount to the 'very
special circumstances' necessary to justify a recommendation of approval.
The application is recommended for approval subject to the imposition of the
following conditions and a deed of variation to the existing S106 agreement
which sets out the terms of public access to the car park and the management of
the recreational and amenity area and requires that jobs will be advertised
locally in the first instance.
7. RECOMMENDATION
Recommend delegate Approval to the Development Management Manager to
issue the decision notice upon completion of a Section 106 Agreement for:
- Access and management of the recreation area
- jobs to be advertised locally in the first instance.
(And possible referral to the Secretary of State - see above)
Subject to the following conditions:
1.
The development to which this permission relates must be begun not later
than the expiration of 3 years from 31st May 2011 (the date on which the
original permission under application reference 10/00312/FUL was
granted).
2.
The development shall be carried out in accordance with the approved
drawings: Masterplan: Planning scheme Rev M, received 03 February
2012 .
3.
No existing trees, shrubs or hedges on the site or its boundaries shall be
lopped, topped or cut down without the prior consent of the Local Planning
Authority. If any existing trees, shrubs or hedges are cut down or die,
they shall be replaced with the same species (unless otherwise agreed
with the Local Planning Authority) within the next available planting
season and shall be maintained to the satisfaction of the Local Planning
Authority.
4.
Before the development commences a landscape scheme, including the
floorscape treatment of the access, parking and courtyard areas, shall be
submitted to the Local Planning Authority for approval. The approved
scheme shall be implemented concurrently with the development and
completed within 12 months of the completion of the development. The
Local Planning Authority shall be notified when the scheme has been
completed. Any failures shall be replaced within the next available
planting season and the scheme shall be maintained to the satisfaction of
the Local Planning Authority, and the Local Planning Authority shall be
notified when the agreed scheme has been completed.
5.
No part of the development hereby permitted shall commence until details
of a bridge continuing the towpath, including any supporting structures,
have been submitted to and approved by the Local Planning Authority [in
consultation with British Waterways]. The development shall be carried
out in accordance with the agreed details, completed before the marina is
brought into use, and thereafter retained throughout the life of the
development.
6.
The level of noise emitted from the site shall not exceed the noise levels
as detailed in the table below:
Location
Noise level in
Noise level in
Noise level in
dB LAeq 15 mins dB LAeq 15 mins dB LAeq 5 mins
Daytime
Evening
Night time)
(0700 -1900)
(1900 -2300)
(2300 -0700)
Lock Keepers Cottage
42
39
35
Dwellings on The Brooklands
40
37
35
Dwellings along Reynolds Close 42
39
35
The method of measurement shall be as follows:
- The apparatus shall be a precision sound level meter.
- The measurement shall be made at a height of 1.2 metres, and if
practicable at least 3.6 metres from any walls, buildings or other
reflecting surfaces. For the purposes of this condition measurement shall
be at the curtilage of any noise sensitive property.
- Precautions shall be taken to minimise the influence on the readings of
atmospheric conditions and other extraneous sources.”
7.
No excavated materials shall be removed from the site or materials
imported to the site without the prior agreement of the Local Planning
Authority.
8.
Prior to commencement of the development plans clearly indicating the
location of all car parking outside of the functional (20yr) Flood Zone 3B
will be submitted to, and approved by the Local Planning Authority. The
development shall be carried out in accordance with the agreed details
and retained as such throughout the life of the development.
9.
Prior to commencement of the development a scheme to retain vehicles
on site during a flood event, by the provision of bollards or an equivalent
structure, shall be submitted to, and approved by the Local Planning
Authority. The development shall be carried out in accordance with the
agreed details and retained throughout the life of the development.
10.
Prior to commencement of the development a scheme of notices to
display adequate flood warning notices shall be submitted to, and
approved by the Local Planning Authority. These shall be installed before
the development is brought into use and retained throughout the life of
the development.
11.
Prior to commencement of the development a detailed drainage scheme,
based on sustainable drainage principles, shall be submitted to and
approved by the Local Planning Authority. The development shall be
carried out in accordance with the agreed details.
12.
There shall be no building, structures (including gates, walls or fences),
planting or raising of ground levels (with the exception of those within the
Flood Modelling Study) within the floodplain without prior written approval
from the Local Planning Authority.
13.
The development hereby approved shall be built in accordance with the
topographic information presented within the approved Flood Modelling
Study Version Final v1.1 unless an alternative has first been submitted to
the Local Planning Authority for approval in writing.
14.
Prior to the commencement of development, details of a landscape
management plan for the area adjacent to the boundary of the canal shall
be submitted to and agreed in writing by the Local Planning Authority and
thereafter implemented in accordance with the agreed details unless
otherwise agreed in writing.
15.
Notwithstanding the plans submitted, prior to the commencement of
development details of the proposed lighting for the development shall be
submitted to and approved in writing by the Local Planning Authority and
thereafter implemented in accordance with the agreed details unless
otherwise agreed in writing.
16.
The permission hereby granted does not grant or imply consent to any of
the facing materials shown on the approved plans, and before
development commences details of the facing materials to be used on the
external elevations shall be submitted to the Local Planning Authority for
approval. The development shall be carried out in the approved
materials.
17.
Notwithstanding the plans submitted, prior to the commencement of
development details of the proposed waste storage and collection shall be
submitted to and agreed in writing by the Local Planning Authority and
thereafter implemented in accordance with the agreed details unless
otherwise agreed in writing.
18.
The development hereby permitted shall not be brought into use until the
following have been carried out:
a. the access has been constructed with a gradient not exceeding 1 in 15
for a minimum distance of 10.0 metres from the rear of the highway
boundary in accordance with details to be first submitted to, and approved
in writing by, the Local Planning Authority;
b. the access to the site, within the limits of the public highway has been
completed;
c. the surfacing details of the access rear of the highway boundary, and
details of the parking and turning areas have first been submitted to, and
approved in writing by, the Local Planning Authority which shall thereafter
be installed in accordance with the approved details and retained for the
life of the development;
d. details of the extension of the existing footway network to the east and
west of the proposed access into the site have been submitted to and
approved in writing by the Local Planning Authority and the off-site
highway works shall thereafter be constructed in accordance with the
approved details prior to the development being first brought into use.
19.
The development hereby permitted shall not be commenced until parking
for site operatives and visitors vehicles has been provided within the
application site in accordance with details to be first submitted to, and
approved in writing by, the Local Planning Authority which shall thereafter
be constructed in accordance with the approved details and retained
unobstructed during the construction of the development.
20.
Construction HGV's shall gain access to the site off High Street (C60) by a
right turn manoeuvre, and construction HGV's shall gain access to High
Street (C60) from the site by a left turn manoeuvre only.
21.
The development hereby permitted shall not be commenced until wheel
cleaning facilities have been installed within the site in accordance with
details to be first submitted to and approved in writing by, the Local
Planning Authority. The approved facilities shall thereafter be utilised by
all heavy goods vehicles for the duration of operations.
22.
The development hereby permitted shall not be brought into use until the
parking/turning/servicing areas have been provided in accordance with a
revised masterplan to be agreed in writing with the Local Planning
Authority. The parking/turning/servicing areas shall thereafter be
maintained free from obstruction and retained for the life of the
development.
23.
The development hereby permitted shall not be brought into use until the
parking bays have been clearly delineated in accordance with details and
plans to be first submitted to, and approved in writing by, the Local
Planning Authority. The bays shall be marked in accordance with the
approved details and thereafter retained for the life of the development.
24.
The development hereby permitted shall not be brought into use until the
visibility splays shown on Halletec Environmental Drawing No.T1197-01
have been provided. The visibility splays shall thereafter be kept free of all
obstructions to visibility over a height of 600 mm above the adjacent
carriageway level.
25.
The development hereby permitted shall not be brought into use until the
details of proposed cycle parking facilities, including weather protection
and secure fixing points, have been submitted to and approved in writing
by the Local Planning Authority. These facilities shall be provided before
the marina is brought into use and thereafter retained throughout the life
of the development.
26.
The development hereby permitted shall not be brought into use until
details of the surface water drainage of the parking and access areas
including outfall has been submitted to and approved in writing by the
Local Planning Authority. The drainage works shall thereafter be
constructed in accordance with the approved details prior to the
development being first brought into use.
27.
Prior to the commencement of the development a scheme of signage
indicating the availability of parking for the use of the public shall be
submitted to and approved in writing by the Local Planning Authority. The
necessary permissions shall be sought and the approved scheme shall be
implemented prior to first occupation of the site.
28.
The Visitors Centre hereby approved shall be used only for purposes
ancillary to the use of the site as a marina.
29.
Notwithstanding the provisions of the Town and Country Planning
[General Permitted Development] Order 1995 (as amended), or any other
subsequent or equivalent Order, no development within the following
classes of development shall be carried out to the Visitor Centre building
hereby approved without the prior permission of the Local Planning
Authority:
Schedule 2, Part 41, Class A - extension or alteration of an office
Schedule 2, Part 42, Class A - extension or alteration of a shop
30.
The catering facilities in the cafe within the Visitor Centre hereby
approved shall be used solely for a cafe within Use Class A3 of the
Schedule to the Town and Country Planning [Use Classes] Order 1987 [as
amended] and no other purpose.
31.
There shall be no more than two of the boat mooring berths hereby
approved occupied as permanent dwellings and this occupancy shall only
relate to the purposes of management and maintenance of the marina
facility.
32.
Before the development commences the existing trees, shrubs and hedges
on the site shall be protected by fencing constructed in accordance with
BS5837:2005 in positions to be agreed with the Local Planning Authority
which shall be retained throughout the development of the site in the
approved positions.
33.
Before the development commences details of all boundary treatment
around and within the site shall be submitted to the Local Planning
Authority for approval. The approved boundary treatment shall be
built/erected concurrently with the development and shall thereafter be
retained in the approved form and position throughout the life of the
development.
34.
No development shall take place until a scheme to provide full details of
the means by which vehicles and equipment will cross the application site
to reach the access gate (annotated on the Masterplan Revision M as
"access gate for BW") and gain access to the canal towpath have first
been submitted to and agreed in writing by the Local Planning Authority in
consultation with British Waterways. The development shall be
implemented in accordance with the agreed details, fully implemented
before the marina is first brought into use and thereafter retained
throughout the life of the development.
35.
During construction of the marina the following methods to limit noise
impact shall be employed:
- Hours of working shall be restricted to between 08:00 – 18:00 hours
Monday to Friday and 08:00 – 13:00 hours Saturdays. There shall be no
working on Sundays or Bank Holidays.
- The contractors shall adopt Best Practicable Means to control noise and
vibration levels from all site operations.
- No percussive piling shall be carried out on site.
- All plant and machinery shall be maintained at all times.
- The use of localised noise barrier hoardings shall be employed where
noise and vibration levels are anticipated to be high at noise sensitive
premises.
- Super-silenced dewatering pumps shall be utilised on site, with their
location chosen to minimise potential impacts on residents of noise
sensitive premises.
- Details of a site supervisor shall be provided to the local authority and
posted at the site perimeter, who is on site at all times and can deal with
any complaints which may arise from the works.
36.
During the first 12 months of operation a parking survey shall be carried
out to assess whether there is sufficient on-site parking to serve the
proposed development, the results of which shall be submitted to the local
planning authority. In the event that the survey demonstrates that the
development has resulted in off-site parking, details of a scheme to
provide additional parking within the site to accommodate the shortfall
shall be submitted to the Local Planning Authority, together with a
timescale for the provision of that additional parking. The agreed scheme
shall be carried out in accordance with the approved details and thereafter
retained throughout the life of the development
Reasons
1.
The reason for the imposition of these time limits is to comply with the
requirements of Section 92 of the Town and Country Planning Act 1990.
2.
In order to define the permission and to avoid doubt.
3.
To safeguard the amenity of the area in accordance with policy BE26 of
the adopted Local Plan.
4.
To safeguard the amenity of the area in accordance with policy BE26 of
the adopted Local Plan.
5.
To ensure continuity of the towpath and to ensure that the structure is
appropriate to the character and appearance of the area.
6.
To safeguard the amenity of the area in accordance with policy BE26 of
the adopted Local Plan.
7.
To comply with Policy MW5 of the Staffordshire and Stoke-on-Trent
Structure Plan and PPS10 Waste Management as directed by the National
Planning Policy Framework paragraph 5.
8.
To ensure the development does not pose unacceptable flood risk to users
of the facility
9.
To ensure vehicles utilising the site do not unintentionally leave the site
during a flood event thereby increasing hazard risks elsewhere.
10.
To ensure visitors and occupiers are aware of the potential risks on site.
11.
To ensure the development is safely and sustainably drained for the
lifetime of the development.
12.
To ensure that the development does not increase flood risk locally.
13.
To ensure that flood risk is not increased elsewhere through the
satisfactory provision of flood storage compensation.
14.
To safeguard the amenity of the area in accordance with policy BE26 of
the adopted Local Plan.
15.
The lighting at waterside developments should be designed to minimise
the problems of glare, show consideration for bats and unnecessary light
pollution should be avoided by ensuring that the level of luminance is
appropriate for the location.
16.
To safeguard the amenity of the area in accordance with policy BE26 of
the adopted Local Plan.
17.
To safeguard the amenity of the area in accordance with policy BE26 of
the adopted Local Plan.
18.
In the interests of highway safety and sustainability and to comply with
access standards.
19.
In the interest of public and highway safety and convenience and to
conform to the requirements of policy TR3 of the adopted Local Plan.
20.
In the interest of public and highway safety and convenience and to
conform to the requirements of policy TR3 of the adopted Local Plan.
21.
In the interest of public and highway safety and convenience and to
conform to the requirements of policy TR3 of the adopted Local Plan.
22.
In the interest of public and highway safety and convenience and to
ensure that adequate parking facilities are available to serve the
development and to conform to the requirements of policy TR4 of the
adopted Local Plan.
23.
In the interest of public and highway safety and convenience and to
ensure that adequate parking facilities are available to serve the
development and to conform to the requirements of policy TR4 of the
adopted Local Plan.
24.
In the interest of public and highway safety and convenience and to
conform to the requirements of policy TR3 of the adopted Local Plan.
25.
In the interest of public and highway safety and convenience and to
ensure that adequate parking facilities are available to serve the
development and to conform to the requirements of policy TR4 of the
adopted Local Plan.
26.
To ensure that the development is carried out in a satisfactory manner.
27.
In the interests of integrating the development with the village community
and encouraging sustainable economic development and vibrancy in
accordance with the National Planning Policy Framework.
28.
In order to define the permission and to avoid doubt.
29.
The site is within the Green Belt within which, in accordance with the
planning policies in the National Planning Policy Framework and the
adopted Local Plan, there is a presumption against inappropriate
development.
30.
In order to define the permission and to avoid doubt.
31.
In order to define the permission and to avoid doubt.
32.
To safeguard the amenity of the area in accordance with policy BE26 of
the adopted Local Plan.
33.
To safeguard the amenity of the area in accordance with policy BE26 of
the adopted Local Plan.
34.
To ensure that adequate access through the site to the towpath is
provided to enable management and maintenance works to the adjacent
Staffordshire and Worcestershire Canal and towpath to be carried out.
35.
To safeguard the amenity of the area in accordance with policy BE26 of
the adopted Local Plan.
36.
In the interest of public and highway safety and convenience and to
ensure that adequate parking facilities are available to serve the
development and to conform to the requirements of policy TR4 of the
adopted Local Plan.
INFORMATIVES
1. This approval should be read in conjunction with the Planning
Obligation entered into under Section 106 of the Town and Country
Planning Act 1990 (as amended) signed between
............................................... dated ............... 2012 which
accompanies it.
2. A Minor Works Agreement with Staffordshire County Council is required
for some of the conditions above and the applicant is therefore requested
to contact Staffordshire County Council in respect of securing the
Agreement.
Appendix 2
12/00093/VAR
Land & Water Estates Ltd
SWINDON
Land Adjacent Staffordshire & Worcestershire Canal High Street Swindon
Variation of condition two of 10/00312/FUL to permit amended layout and
increase from 199 to 236 berths [major development]
1. SITE DESCRIPTION AND PLANNING HISTORY
1.1 Site Description
The site is an agricultural field of 8.9ha [22 acres] at Swindon, situated adjacent to the
Staffordshire and Worcestershire Canal, Smestow Brook, and The Holloway which
becomes Swindon High Street. The backdrop to the west is formed by Swindon Rough,
a wooded escarpment. To the north is the village of Swindon and to south the field
tapers off where the canal curves towards the east. Hinksford Mobile Home Park is
situated approximately 250 metres to the south of the site. The eastern site boundary is
formed by the Staffordshire and Worcestershire Canal and beyond that the side of the
valley leading up to Hinksford Lane and Gardens, the cricket grounds and the Parish
Council facilities. Reynolds Close which comes off High Street to its south and lies east
of the application site also overlooks part of the proposed development area. On the
western side the residential cul de sac of Brooklands which comes off Swindon High
Street to the south towards its western end, and which lies below the level of parts of
the application site, also looks across towards the development area of the site. To the
north-east of the site lies a small dwelling house which was formerly the lock keepers
cottage and the remainder of the northern boundary is formed by Swindon High Street.
High Street is at a higher level than most of the site. The bridge over the canal gives
good views across the entire development site. There are also a range of glimpsed
views of the whole site from the informal paths within Swindon Rough woodland, from
parts of Brooklands and more general views from the roadsides and dwellings on
Hinksford Lane, Reynolds Close, the cricket ground and the Parish play areas.
1.2 Planning History
09/00826/FUL - Construction of a 252 berth marina - Withdrawn.
10/00312/FUL - Construction of 199 berth inland marina with associated ancillary
development and landscape works - Approved subject to a S106 agreement.
1.3 Pre-application discussion.
The agent was advised what information would be required to be submitted with the
application.
2. APPLICATION DETAILS.
2.1 Proposal
The application seeks to vary Condition 2 (approved plans) of planning permission
10/00312/FUL. It would also require an update to the S106 agreement.
The Master plan scheme Revision M provides details of the berth provision in specific
areas of the revised marina shape all alongside purpose built jetties as follows:
28 berths for 60 foot boats west of the entrance point, perpendicular to the marina edge
Area A;
18 berths for 60 foot long boats adjacent to this to the west also perpendicular to the
angled marina edge Area B;
13 berths for 70 foot long boats on the westernmost part of the water area adjacent to
the facilities building Area C;
29 berths for 60 foot long boats on the southern edge of the marina including a disabled
access berth in Area D;
18 berths for 60 foot long boats and 10 berths for 55 foot long boats along the southern
margin of the marina in Area E opposite the entrance to the marina from the canal;
9 further berths for 55 foot long boats at an angle in Area F, east of E, with 6 berths for
35 foot boats perpendicular to one of those jetties in Area G;
10 berths for 55 foot boats Area H;
12 berths for 60 foot boats and 10 for 55 foot boats to the east in area I;
Areas J, K, L and M to the southern end of the marina water area providing a mix of
berths for 40 foot, 50 foot and 35 foot boats totalling 58 berths; and
Area N on the southern side of the canal entrance to the marina providing 4 berths for
60 foot boats parallel to the canal.
There is an amendment proposed to the access to the marina part of the site so that it is
clearly differentiated from the publicly accessible areas.
There is an overall reduction in the amount of circumference roadway and the application
details state that the remaining parking and access tracks will have permeable surfaces
and be interspersed with additional landscape planting.
There are still two facilities buildings proposed at the northern and southern end of the
marina basin and a towpath bridge across the canal entrance to the marina all as in the
approved scheme.
The parking proposed for marina users is now separate from the parking for tea room
users and the car park available for use by the public to access the open space areas and
Swindon, High Street. This parking area was included in the S106 with the approved
scheme and the access arrangements would remain largely the same. For marina
parking the plans show that there would be 78 spaces exclusively available to boaters.
For the tea room there would be 18 spaces directly beside it. There would be 32 spaces
in the publicly accessible car park the mid point of which is approximately 75m or so
from the tea room entrance.
In other respects the scheme would introduce additional tree planting and an increased
area for public access for recreation. The buildings in the scheme remain unchanged in
design.
2.2 Agent Submission
(i) Supporting Statement dated February 2012.
(ii) E-mail from the agent setting out development costs - Confidential and commercially
sensitive detail.
(iii) Flood Risk Assessment [FRA] March 2012
2.2 (i) Supporting Statement - Summary and Project Aims
- Proposal seeks a variation of approved drawings to increase number of canal boat
berths within the marina from 199 to 236;
- all other aspects of the proposal remain the same;
- required to make the development financially viable as lending climate very restrictive;
- changes to layout of proposal;
- refers to revision to Town & Country (General Development Procedure) (Amendment
No.3) (England) Order 2009 allowing S73 applications to take account of financing
difficulties;
- the approved scheme for 199 berths worked on a very tight profit margin which could
just be delivered on the finance available at that time and based on costs at the time
permission was given;
- most expensive part of works is engineering operation - increase in costs arising from
the price of steel [4% increase in cost], fuel [34% increase in cost], other materials, and
labour costs;
- increase in the cost development proposals;
- further tightening up of lending on marginal profit making schemes since time of
approval;
- approved scheme reduced in size first from 252 berth model, then reduced to 227
berths and finally 199 berths to take account of concerns raised by the Council but did
not reflect ideal business case even at that time;
- delivery of development important to economic prosperity of Swindon village;
- interconnectivity with village, enhancement of landscape, jobs, tourism spend
potential, all contributing to 'very special circumstances' leading to approval of199 berth
marina are all unchanged;
- no material change in environmental impact of proposal;
- no decrease in publicly accessible space;
- no change to tea room/visitors centre;
- no change to publicly available car park;
- sets out that development value [business equity] would be significantly lower than
construction costs combined with borrowing costs on basis of 199 berth marina and
lending support would not be forthcoming;
- business model based on projection of 90% berth occupancy rates by year 3 of trading
which is the period of time lenders consider in respect of risk of investment;
- viability assessment of 236 berth marina shows that at 2012 rates for a 20 year
mortgage the value of the business as viewed by lenders [business equity] would be
higher than the combined construction and borrowing costs considered;
- business equity models at berth numbers between 199 and 236 have been considered
and the lowest number of berths which would suffice to achieve commercial loan is 236
taking other technical and environmental costs into account;
- need for off-line berths on Staffordshire and Worcestershire Canal unchanged British
Waterways [BW] figures from end of 2011 demand still high and 4 year targets remain;
- this scheme remains part of BW projected provision of off-line moorings to reduce online mooring along side of canal across network;
- local service opportunities in Swindon, job opportunities, improved tourism income
benefits to village;
- benefits only delivered if scheme on firm financial footing;
Summary of changes in application details:
- minor changes to design to accommodate extra berths;
- environmental factors not affected;
- increase of basin length towards south by 9m;
- offset by narrowing of basin in some places;
- further breaking up of marina shape in landscape;
- no significant increase in total water volume due to reshaping of southern margin;
- access to marina area by secure gated entrance to north of facilities building;
- slip road amended to be inside gated area;
- car parking for marina users now inside gated area which reduces hard standing and
increases the attenuation zone [permeable surface];
- all roads and parking areas to use permeable surfacing;
- post and rail fencing to secure marina area and separate from public access land;
- fencing to be tighter to marina than in previous scheme;
- increase in area of land for public access;
- tea room to be in separate management in revised scheme;
- reduced car parking to tea room as not available for boat owner parking;
- reduction in hard standing accompanied by increase in planting;
- Land and Water to share access road requiring revision to S106.
Summary of environmental impact of changes.
- Environment Agency [EA] approved original scheme following flood data and
appropriate mitigation strategy being provided to them;
- amendments do not increase water mass of basin;
- negligible impact on flood risk and EA likely to approve;
- redesign of southern end will improve visual impact in landscape;
- greater visual break up of development by increase in tree planting;
- reduction in built development at north end of marina through relocation of main
marina entrance and reduction in tea room parking;
- transport and traffic impact considered negligible in original scheme and unchanged in
this - increase in traffic movements below 4% on week days and 8% on weekends;
- no other environmental impact issues.
Planning policy background set out [although superseded by NPPF]
Conclusion: summarises case for the proposal as necessary for a viable financial scheme
that delivers the development and its economic development benefits with negligible
change to the environmental impact other than positive change through improved
appearance and extra tree planting.
The statement sets out why 236 is the minimum number of berths which are required to
achieve a profit margin which would receive a commercial loan.
The total marina development costs for 199 berths increases by 5% for 236 berths,
although proportionately not very significant when related to the projected increase in
income that would be derived and the impact on the business model.
On the basis of the business plan put to the commercial lenders, the forecast for the
marina project to begin to make profit on the basis of the 199 berth approved scheme,
was unacceptable at 5 to 6 years. The figures provided with the current application
forecast a period of 3 years to come into profit so the commercial lenders are more
willing to fund the scheme if the development is showing a small profit by the third year
of operation. The model based on 199 berths would not achieve break even or a small
profit until year 5 or 6 of operation. The agent concludes that the risk from a lenders
point of view is significantly higher at 199 berths than at 236 berths and it has therefore
impacted on the ability of even the solid credit rated operators such as the joint
developers 'Land and Water' to attract credit.
2.2 (ii) Summary of commercial development costs
The following is a summary of the change in the finances that would result so that the
reader has some understanding of the issues but the actual figures are commercially
sensitive and only the % change has been included in this summary. It has been
worked out by the planning case officer from the confidential commercially sensitive
information provided by the planning agent:
Summary of Financial Changes
Berth Numbers
* [199]
+ 37 berths [236]
Development Cost (%)
*
+ 5.5%
Annual Mortgage Repayment (%) *
+ 3.33%
Income per berth (%)
*
unchanged
Gross Income by Year 3 (%)
*
+ 18.5%
Increase in net income (%)
*
+ 61.5%
Years to 1st net profit (years)
5 to 6
3
The background figures provided are based on the assessment made in 2011/12.
The income from the berths is based on a 90% occupancy rate of the available berths
and an average price for the berths [long and short berths may have differential pricing].
The overheads include ground rent and other operational costs including annual rent to
British Waterways to cover the connection agreement and staff costs. These costs only
relate to the marina as the finances of the visitor building remain unchanged.
2.2 (iii) Summary of Flood Risk Assessment [FRA] March 2012
- Proposal to construct marina adjacent Staffordshire and Worcestershire Canal in
Swindon, West Mids; Hafren Water engaged to undertake FRA of revised scheme
including increase in berths from 199 to 236; reference to Hydrological and
Hydrogeological Assessment Oct 2009 and letter of March 2012 dealing with ground
water issues. Also note letters from Environment Agency [EA] dated Dec 2009, April
2010 and March 2012 on previous version of FRA which have been used to inform scope
of revised report and address any issues arising.
- EA requested a flood modelling of Smestow Brook be undertaken and this is appended
to FRA to assess flood risk to/from development;
- Site visit and desk study to understand baseline conditions of water environment
undertaken; potential impacts identified as construction phase, operational phase and
post-operational and assessed;
- Area of amended marina of 236 berths 27,600sq m assessed in FRA (was 25,200 sq m
in 199 berth scheme).
- Planning permission exists for 199 berth marina;
- British Waterways has approved scheme in terms of water resources;
- parts of 89,000sq m application site lie in Flood Zone 3 on agricultural land within
valley of Smestow Brook;
- application area includes 1-1.5m high levee adjacent to brook on eastern bank
probably from historic dredging/flood defences; application site field varies in height
above datum 60mAOD on west side to 63mAOD on eastern boundary with canal; site
comprises a raised terrace sloping down to low lying area beside brook; to west of brook
land rises to 85mAOD [Swindon Rough] 100m west of site; construction would be
bunded marina adjacent to and linked to canal.
- Hydrology - site lies within catchment of River Severn; Smestow Brook flows north to
south and discharges into River Stour 5km below site; River Stour joins Severn at
Stourport 20km distant; Smestow Brook is 4.5m wide by 0.4m deep; flow on brook
estimated at under 0.6cu metres per second [velocity of 0.3m/s]; bed material is sand
and gravel; observed water depth 40cm [16.07.2009] other flow observations made
using records obtained from National River Flow Archive; Smestow Brook joined from
east at Hinksford by smaller tributary, 200m downstream of site; Canal flows south
parallel to application site and course of Smestow Brook to south of site; canal water
level at 62.7mAOD; small marshy area in SW of site; small lake 350m south of site; 3
lakes 600m east of site.
Rainfall data averages equivalent is 651.8mm; site itself identified as being at risk on EA
flood map but no records of historic flooding and no reported anecdotal evidence of
flooding at EA; but levee and alluvium suggest potential for parts of site flooding in past;
as a result cross sections and models for flow have been provided.
- Climate change likely to produce more frequent, short duration, high intensity rain fall
and periods of long duration rainfall to be taken into account in FRA;
- underlying geology - variously alluvium and river terrace gravel over Triassic Wildmoor
Sandstone Formation being soft red sandstone; 2-4m sand and gravel, intermittent clay,
overlies the bedrock; bedrock and superficial sand and gravel are aquifers and ground
water recorded within 2.1m of surface; aquifer abstraction and recharge during
construction phase considered in March 2010.
- Development is 27,600sq metre marina on part of 89,000sq metre site on part
adjacent to canal; retained by a wide bund where various facilities to be sited being 2
facilities buildings, tea room/café/meeting room building, car parking for boaters and
visitors, set at ground level height of 63.25mAOD; marina base at 60.62mAOD and
water level as canal at 62.7mAOD; remaining site area west of bund for amenity/wildlife
including 2 lakes; excavation material for marina basin to be re-used in creation of
retaining bund and land form.
- Water Management - in 2 stages - ground water level control during construction and
long term operation of marina by gravity feed from canal; water will come from ground
water and rain water, discharge and management arrangement to recharge aquifer and
control ground water in basin during works but no gravity discharge planned, all
controlled by pumps to maintain a constant flow and enable percolation and aquifer
recharging; attenuation also achieved by excavation of below ground trenches to depth
of 1.5m keeping good hydraulic continuity with sand and gravel aquifer and by creation
of 2 wildlife amenity ponds to west of brook before excavation of basin, designed to
allow aquifer recharging by percolation through ground and geology at acceptable rate
and prevent surface water run-off; ponds to measure 170m by 20m and cover together
approx 3,400sq metres; adjacent stream level is 59mAOD approx and ground water
level is 58mAOD approx.
- Site flood risk - assessed by modelling of brook to design site and ensure reduction of
flood risk in surrounding area; marina and bund extend less into northern area of site;
access ramp moved from west to north; amenity ponds designed to increase storage
capacity;
Risk from fluvial [river] flooding examined in terms of likelihood, resulting hazards and
vulnerability of development and surrounds; marina and ponds very low vulnerability
'water compatible' and facilities building 'less vulnerable'; Flood Zone [FZ] 3 includes
amenity area, marina basin in FZ1 and area in SE of site closest to Hinksford Lock now
reclassified as FZ1 [FZ1 is lowest of 3 risk categories]; highest risk of flooding in amenity
area and some areas of parking EA require procedures to be in place to prevent access
and for safe egress during flood events.
Risk from ground water flooding considered low.
Surface water flooding from site run-off from the eastern higher ground intercepted by
canal; run off from north will drain to road gullies and amenity ponds and overall risk
considered low.
Flooding from sewers considered but low risk identified - lower than other areas in
district and no mitigation required.
- Surrounding area flood risk - downstream areas considered during high rainfall events;
reduction in storage capacity within site or increase in flow rates in the brook would have
potential for exacerbation of flood risk downstream so mitigation against any additional
flow rates in Smestow Brook are to be provided; includes full assessment of surface
water run-off by calculating peak run-off rates and counter-balancing with volume of
storage required to attenuate that flow sufficiently to reduce increasing flow rate in
brook; aim is to produce maximum surface water run-off at the same rate as an
agricultural field [ie: existing rate] after development completed; EA also seek
development to allow for an increase of 30% rainfall due to climate change events; flood
risk assessment acknowledges that the marina basin and hard standing areas that would
be introduced are potentially impermeable surfaces where water cannot infiltrate
through; specific calculations are set out in the FRA document; attenuation to
compensate for additional hard standing and marina basin will be provided by the
amenity/wildlife ponds; slow infiltration/seepage of accumulated water will take place
into the underlying sand and gravel aquifer. Canal will also provide conduit for some
surface water to be transported from site; canal levels are regulated by BW, some
automatically, through a series of weirs to reach the Stourbridge Canal and reservoirs
and side ponds in areas of low flood risk, a system which prevents water leaving the
canal system unless controlled; water from the marina would be controlled in the same
way as part of the canal system. At times of high rainfall in the wider catchment of
Smestow Brook flow within the brook will increase; this is likely to coincide with amenity
ponds being full; however the revised design of the marina and the site as a whole, the
attenuation and flood plain storage being provided, all based on the calculations within
the FRA and advice from the EA, will result in an increase in the flood storage capability
within the application site by 1,123 cubic metres above what it is currently capable of
storing as an agricultural field before any development takes place.
- Summary and Conclusions - proposal will create 27,600sq metre marina surrounded by
wide retaining bund with facilities located on it; car parking and two visitors
amenity/wildlife/flood storage ponds; site is at risk of flooding part in FZ3 Smestow
Brook fluvial flooding; risk of flooding from ground water levels or surcharging of sewers
or surface water run-off is low; arrangements in place for dealing with any flood risk
during construction phase; arrangements will be put in place for controlling access to
higher flood risk public areas during flood events; amended designs after flood modelling
undertaken to reduce peak flood levels and water coming from site where it might
impact on downstream areas during rainfall events; access ramp relocated to reduce
impedance of surface water flow to amenity ponds; any potential risk to surrounding
areas mitigated by directing flood water flow to amenity ponds; displacement of flood
plain volume will be compensated for by increase in flood storage capacity of 1123cu
metres above existing. Concludes that no significant detrimental risk of flooding to
surrounding area.
3. POLICY CONTEXT
Within the Green Belt and a Landscape Improvement Area and adjacent to the
Staffordshire and Worcestershire Canal Conservation Area.
National Planning Policy Framework 2012
3. Supporting a Prosperous Rural Economy
7. Requiring Good Design
9. Protecting Green Belt Land
11. Conserving and Enhancing the Natural Environment
12. Conserving and enhancing the historic environment
PPS10 - Waste Management [until replaced by National Waste Management Plan]
West Midlands Regional Spatial Strategy policies:
PA14 - Economic Development and the Rural Economy
PA15 - Agriculture and Farm Diversification
PA10 - Tourism and Culture
QE1 - Conserving and Enhancing the Environment
QE5 - Protection and Enhancement of the Historic Environment
QE7 - Protecting, managing and enhancing the Region's biodiversity and nature
conservation resources.
QE9 - The water Environment
WD1 - Targets for waste management in the region
T3 - Walking and Cycling
T7 - Car parking standards and management
NB: The Chief Planner to the Department of Communities and Local Government wrote
to all local planning authorities on 10 November 2010 to report the recent decision in the
case of Cala Homes v Secretary of State in respect of revocation of the Regional Spatial
Strategy. The High Court quashed the purported revocation of the RSS and those parts
of the RSS that have been formally adopted are therefore part of the Development Plan
and those parts which have not been formally adopted are material considerations. The
Government intends to revoke the RSS through the forthcoming Localism Bill therefore
intended revocation may also be a material consideration.
Staffordshire and Stoke on Trent Structure Plan Policies
D4 Managing Change in Rural Areas
D5A Green Belts
D5B Development in the Green Belt
E11A Tourism
E11B Major Tourist Attractions
T1A Sustainable Location
T3 Rural Areas
T13 Local Roads
NC2 Landscape Protection and Restoration
NC19 Conservation Areas
R7 Canal Facilities
South Staffordshire Local Plan Policies
GB1 - Green Belt
LS1 - Landscape Character Protection and Enhancement
BE07 - Conservation Areas - Planning Applications
BE12 - Conservation Areas - Removal of Intrusive Features
BE26 - New Development Design Criteria
BE25 - Location of New Buildings
NC7 - Habitat Creation
TR3 New Development - Access and Highway Improvements
TR4 New Development - Vehicle Parking and Manoeuvring
R1 Provision of Recreation and Leisure Facilities
South Staffordshire Council Corporate Strategy 2008-2012
South Staffordshire Sustainable Community Strategy 2008-2020
A Tourism Strategy for South Staffordshire 2009-2010
Adopted Local Guidance
Staffordshire & Worcestershire Canal Conservation Area - 17 April 1978
Village Design Guide Supplementary Planning Document - 15 September 2009
South Staffordshire Local Development Framework Core Strategy [under examination]
Strategic Objective 1: To protect and maintain the Green Belt and Open Countryside in
order to sustain the distinctive character of South Staffordshire.
Strategic Objective 3: To protect and improve South Staffordshire's environmental
assets.
Strategic Objective 4: To protect, conserve and enhance the countryside, character and
quality of the landscape and the diversity of wildlife and habitats.
Strategic Objective 5: To protect, conserve and enhance the historic environment and
ensure that the character and appearance of the District’s Conservation Areas is
improved through management plans and better-designed developments.
Strategic Objective 6: To ensure that all new development is sustainable, enabling
people to satisfy their basic needs and enjoy a better quality of life, without
compromising the quality of life of future generations.
Strategic Objective 7: To reduce the effect of society on the environment, and adapt to
the impacts of climate change.
Core Policy 1 - The Spatial Strategy for South Staffordshire
Policy GB1: Development in the Green Belt
Core Policy 2: Protecting and Enhancing the Natural and Historic Environment
Policy EQ3: Conservation, Preservation and Protection of Heritage Assets
Policy EQ4: Protecting and Enhancing the Character and Appearance of the Landscape
Core Policy 3: Sustainable Development and Climate Change
Core Policy 4: Promoting High Quality Design
Policy EQ11: Wider Design Considerations
Policy EQ12: Landscaping
Core Policy 5: Infrastructure Delivery
Policy EQ13: Development Contributions
Strategic Objective 11: To support the growth of a vibrant, prosperous and sustainable
local economy; sustain, improve and enhance the vitality and viability of village centres
and promote South Staffordshire as a tourist destination.
Core Policy 7: Employment and Economic Development
Policy EV2: Sustainable Tourism
Policy EV3: Canals and Canalside Development
Core Policy 9: Rural Diversification
Policy EV5: Rural Employment
Core Policy 10: Sustainable Community Facilities and Services
Policy EV12: Parking Provision
Other documents
The Town & Country (General Development Procedure) (Amendment No.3) (England)
Order 2009
4. CONSULTATION RESPONSES
4.1 Conservation Officer - 26.03.2012 - The site adjoins the Staffordshire and
Worcestershire Canal Conservation Area. The proposal is to increase the number of
berths at this proposed marina development from 199 to 236 which would require four
main changes to the approved scheme:
- Increasing the length of the marina by 9m;
- Reducing the amount of hard standing by changes to the internal road;
- Increasing the amount of public access land; and
- Halving the size of the proposed Tea Room car park
Given the scale of this proposed development, these changes are quite modest when
compared with the overall impact of the scheme. Indeed, a net reduction in hard
standing and an increase in the publically accessible area would be welcome. No
objections are raised. The same conditions should be applied to this amendment as to
the original permission.
4.2 Landscape Officer - 23.03.2012 - The proposal extends the area of water
approximately 20 metres further to the south east than the previously agreed scheme.
However, in the context of the site and the development as a whole, this is not so
significant a change as to warrant an objection in landscape terms. Whilst not ideal, it is
a relatively minor change so an objection could not be sustained. In terms of the other
amendments, the car parking and service road layout in my opinion, actually represents
an improvement over the previous scheme and is therefore a welcome change to the
proposals.
Consequently, I raise no objections to this application.
4.3 Strategic Development - 11.05.12 - As you are no doubt aware tourism is key
contributor to the Districts local economy and is an industry which is supported by the
Council. This is clearly highlighted within the Councils current Tourism Strategy
Welcoming, Developing and Sustaining.
The strategy’s vision is to celebrate the District-s distinctive environment whilst
contributing to its protection and enhancement; offering an attractive, quality and
enjoyable experience that will benefit the local tourism economy. It aims to improve well
being and create a thriving and sustainable future for people who live in, work in and
visit South Staffordshire. I believe this application will support and contribute to a
number of the strategy’s aims, including high quality service delivery, raise the profile of
the South Staffordshire as a visitor destination. Encourage sustainable development and
contribute to the overall value of spend and volume of visitors to the local economy.
In addition the development will also offer employment opportunities for our residents
and help to support local traders and pubs within the village.
As you are aware, at the Development Team Meeting on 04/02/2009 regarding the
previous application for the site, Development Plans raised and noted a number of
concerns relating to the marina proposal. Our concerns at that time were that the
proposal for a marina and its associated on site buildings was inappropriate development
in the Green Belt, particularly due to the scale of additional buildings on site. Concerns
were also noted regarding the size and scale of the development and its impact on the
landscape and conservation area, and the impact on Swindon village.
However, whilst concerns of development in the Green Belt are still noted, in my view
the reduced scale of the proposed development does address previous concerns of scale,
and together with the policies in the NPPF and the emerging Core Strategy the proposal
should now be considered favourably. The proposal is in a sustainable location on the
edge of Swindon village centre and will contribute towards achieving sustainable
communities. The NPPF states that in order to help deliver the Government's tourism
strategy, local planning authorities should support sustainable rural tourism and leisure
developments that benefit rural businesses, communities and visitors and which utilise
and enrich, rather than harm, the character of the countryside, its towns, villages,
buildings and other features. I believe this proposal meets this aim.
The proposal also accords with the saved Structure Plan Policy R7: Canal Facilities, which
states that new canal facilities should be located in or adjacent to towns and villages.
Finally, it is important to note that the proposal also accords with the Council’s Core
Strategy (currently being examined) policy on canals and canalside development, which
states that proposals for canalside development will be supported where they conserve
and enhance the value of canals and enhance their recreation and tourism value. It also
states that proposals which are located close to villages will be preferred over more
isolated locations. The reason for this is that these locations offer the opportunity for the
development to support the vitality and viability of local communities within South
Staffordshire.
To conclude, whilst I note that the development is in the Green Belt, a careful balance
must be made, and the reasons given above outweigh the harm to the openness of the
Green Belt. Given the reduced scale of development and the above policy position, I
would recommend that the application be approved.
4.4 County Highways - 06.03.2012 - No objections.
4.5 Swindon Parish Council (SPC) - 05.03.2012 - Object to the application to vary
Condition 2 of 10/00312/FUL to amend the layout and increase the number of berths
from 199 to 236 for the following reasons:
- Applicant states the increase in berths is deemed necessary in order to make the
construction of the development financially viable in an economic climate of austerity for
lending on such projects and submits the application under Section 73 of the Town and
Country Planning Act 1990. The applicant states that at 199 berths the 'value at day 1'
would be less than the build cost and result in a period of negative equity which prevents
obtaining suitable loans. However, following discussions with Staffordshire Chamber of
Commerce, it is not uncommon for major developments to be in a state of negative
equity at 'day 1' and lenders are fully aware of this which does not prevent loans being
provided for commercially viable products. However, loans will not be provided for
projects where the commercially viability is dubious and the projected occupancy of 90%
after 3 years is simply not supported by the evidence in terms of demand. It is
considered the applicant is only interested in a 'quick return' and is using the economic
climate of prudence and Section 73 as an excuse to further develop a facility that SPC
has consistently voted against and is not supported by many local residents.
- No evidence has been provided that demand for such a facility exists and statements
used by British Waterways (BW) are standard statements from the BW website for any
marina development. Other subject matter experts on inland waterways and canals,
such as Inland Waterways Association and British Marine Federation, do not support the
development of another marina of this type as there is already an excess of capacity.
The Applicant's projection of 90% occupancy by trading year 3 is questioned as other
marinas within the central region are not currently meeting this occupancy which clearly
shows that availability has outstripped demand.
- The local MP, Gavin Williamson, has publicly stated he had concerns regarding the
scale of the 199 berth development especially when it resulted in the loss of Green Belt
land. Furthermore, he stated that the argument that the marina would not be viable at
any less than 199 berths was, in his view, difficult to substantiate. After discussions with
BW, he learnt that a number of marinas with a smaller capacity/lower density were
commercially viable. SPC supports this view and believe that increasing the marina to
236, which involves increasing the length of the water basin, will be no more
commercially viable than decreasing the capacity of 199 to a smaller development in line
with what the local MP and BW discussed.
- The SSDC Conservation Officer did not support a 199 berth marina as it would not
preserve or enhance the Conservation Area and failed to meet the statutory tests as
required by the relevant provisions of the 1990 Act. Increasing the marina to 236 berths
will further erode the area so far as conservation is concerned.
- The Police did not support the 199 berth development as it would attract crime. A
larger 236 development will attract even more crime.
In summary, SPC object to the Application as the evidence to support removing
Condition 2 of 10/00312/FUL is considered spurious. SPC is further concerned that
granting permission based on Section 73 of the Town and Country Planning Act 1990 will
set a dangerous precedent for any developer to vary conditions and result in a flood of
applications that undermine any sound planning conditions that have been imposed on
development. SPC fully expect the Applicant to request a further increase in capacity to
the original number in excess of 250 and the mezzanine floor/balcony of the Tea Room
to be reinstated (particularly as the building was not decreased in size). The current
climate of prudence and wise commercial development will be subject to excuses for
eroding the planning process rather than working to meet the challenge by alternate
methods.
4.6 British Waterways [BW] - 15.03.2012 - set up to maintain and develop the network
of canals and inland waterways so that they fulfil their economic, social and
environmental potential. In addition to statutory navigation and safety functions, British
Waterways conserves waterway heritage and environment; promotes and enables rural
and urban regeneration; maintains and enhances leisure, recreation, tourism and
education opportunities for the general public and facilitates waterway transport.
BW has no objection to the proposed increase in berths, as previously assessed in the
context of the original proposals for a 250 berth marina - however, we consider that if
the application is granted, a number of matters should be appropriately secured by
means of planning conditions.
- BW Access to Towpath - revised layout retains proposed access gate onto the towpath
for BW vehicles, equipment etc. towards the southern end of the application site, but
access through the application site is not clear; previous layout incorporated an access
road running around the southern end of the marina basin but in current proposal this
access road stops some distance from the gate. BW must be able to maintain access to
the towpath, particularly if the proposed footbridge over the marina entrance is not
constructed to a specification to allow vehicles to cross it; this matter might be
addressed by means of a planning condition requiring further details.
- Bridge Design - no details have been provided for new bridge to carry towpath over the
marina entrance - the design, construction, appearance and finish of the bridge will be of
some importance in securing an appropriate appearance which does not adversely affect
the character of the canal corridor or Conservation Area as well as ensuring that the
bridge is constructed to an appropriate specification for continued pedestrian use of the
towpath and to avoid impeding navigation of boats entering and leaving the marina.
- Landscaping/Boundary Treatment - appropriate landscape planting, particularly along
the boundary with the canal towpath, important in integrating the marina into the
landscape and that it preserves or enhances the character and appearance of the canal
conservation area, as well as contributing to the biodiversity interest of the canal and the
local ecology. Existing planting on the site should be retained and incorporated into any
landscaping scheme.
- Lighting - the lighting and level of luminance should only light the areas intended and
that lighting should not provide flood lighting to the canal corridor, in order to both
protect the character of the canal conservation area and to show consideration for bats,
which often use canal corridors as migrating/foraging routes.
- Materials - to ensure the use of appropriate materials which help to integrate the
marina buildings into the landscape and ensure that they either preserve or enhance the
character and appearance of the conservation area.
- Drainage - condition to ensure that appropriate surface water drainage arrangements
are provided in order to minimise the risk of flooding to the canal and towpath.
- Waste Disposal - waste collection and disposal arrangements should be made within
the site for boaters and visitors to minimise the risk of pollution of the adjacent canal.
4.7 Environment Agency [EA]
EA - First Response - 01.03.2012 - While the supporting statement provided by Next
Phase Development (February 2012) suggests that the proposed increase in berths will
have 'negligible impact on flood risk', we are concerned that the supporting statement
does not offer sufficient evidence to support this conclusion. In light of this we object to
the application to vary Condition 2 of 10/00312/FUL and recommend refusal on the basis
that the proposals are not supported by a Flood Risk Assessment.
In particular, the proposals submitted do not:
- illustrate any potential changes to the flood plain;
- provide revised drainage arrangements suitably illustrated and justified with
calculations.
In order to overcome this objection, the applicant should submit additional information
which demonstrates that the proposed change to layout will not pose an increase in flood
risk from the previously approved layout. Once submitted the Environment Agency will
endeavour to review the proposals and respond within 21 days.
EA - Final Response - 13.04.2012 - re additional information received on 20 March 2012.
The Environment Agency has reviewed the revised Flood Risk Assessment and note that
although the number of berths has been increased from the original approved layout the
size of the marina has reduced from 32000sq m to 27600sq m. The flood modelling has
demonstrated that there will be no increase in flood levels following development and as
such the Environment Agency's position is unchanged from our letter dated 11 Oct 2010
Ref UT/2010/107963/04 - L01 where we recommended conditions.
4.8 Natural England (EN) - 21.03.2012 - Our statutory purpose is to ensure that the
natural environment is conserved, enhanced, and managed for the benefit of present
and future generations, thereby contributing to sustainable development.
Designated Sites - The application site lies a little over one mile from Highgate Common
Site of Special Scientific Interest (SSSI).
Based on the information provided, Natural England has no objection to the proposed
development subject to the proposal being carried out in strict accordance with the
details of the application. The reason for this view is that we consider that the proposal
will not have a significant effect on the interest features of the SSSI. There is a duty on
public bodies, including local planning authorities, to "take reasonable steps, consistent
with the proper exercise of the authority's functions, to further conservation and
enhancement of the flora, fauna or geological or physiographical features by reason of
which the site is of special scientific interest".
Protected Species - the Council should consider the need for updated ecological survey of
the site and should refer to Natural England's standing advice on protected species
'frequently asked questions' section offers more information.
4.9 Inland Waterways Association (IWA) - 08.03.2012 - The Inland waterways
Association is pleased to SUPPORT the variations set forth in application 12/00093/VAR
to planning application 10/00312/FUL, but with the two exceptions set out later.
There is a dearth of moorings on the Staffordshire and Worcestershire Canal, with long
waiting lists for all secure offline moorings. The only secure, offline, moorings in the
stretch running from Gailey down to Stourport are to be found at Ashwood Marina.
There has been a waiting list there over many years.
The lack of offline moorings in the Black Country and West Midlands is well documented
by all bodies with an interest in waterways and none more so than British Waterways.
BW is in fact keen to move online moorings offline wherever the opportunity exists. This
has been its policy for a very long time and the waterways' charity soon to replace BW,
The Canals and Rivers Trust, intends continuing that policy.
The IWA also wishes to draw attention to its own informal consultation with residents
and businesses in the village of Swindon and its conclusion that there is almost universal
support from the latter and a great deal of support from the former. It would seem that
many villagers recognise the significant contribution the marina will make to the local
economy and the consequent improved opportunity for employment.
The change in the shape and landscaping of the pool area is to be commended for
providing enhanced diversity of planting and a more natural looking outline. Both will
improve the appearance of the marina. The marina and its landscaping will add to the
biodiversity and appearance of the village and much will be gained from having a village
that is a destination for those wishing to enjoy its amenities rather than a place driven
through on the way to Highgate Common and Kinver.
High quality and ecologically sympathetic waterways schemes such as the one proposed
inevitably raise the status of the area and this is reflected in improved property values.
IWA has many members other than boat users within its c20,000 membership. All are
concerned for the maintenance of viable navigations necessary to maintaining
biodiversity and water quality. Before IWA took action in the 1960's and 70's our
waterways heritage amounted to little more than derelict buildings beside abandoned
and stagnating ditches.
IWA believes that improvement of such things as access, parking, towpath access, and
the provision of facilities encourages greater participation and inclusion. This scheme
will encourage interest in the village and people will travel to take advantage of the
waterside environment.
Those with experience of marinas know well the many advantages that accrue to
villagers and canal users alike. The improvements in lifestyle created by marinas in our
many coastal towns are now available to those fortunate inland locations blessed with an
arterial waterway on their doorstep.
The IWA has two concerns :1. That the altered plan reduces the car parking available to the tea room visitors. This
needs to be increased without detracting too much from the landscaping of that part.
2. That there is no evidence of a revised risk assessment for the site relating to flood
control into, and within the flood plain resulting from the slight increase in the water
volume of the marina.
Whilst item 2 is a statutory necessity to a successful revised application the IWA strongly
recommends that item 1 be given very serious consideration with regards to
participation and social inclusion.
4.10 Staffordshire and Worcestershire Canal Society and Staffordshire Wildlife Trust
consultation period expired 07.03.2012.
4.11 The following comments from the original planning application 10/00312/FUL are
also valid:
Staffordshire Police (27.09.2010) - summary - Details of specifications for Windows,
Perimeter Doors, Emergency Doors, Roller Shutters, Drainpipes, Interior Doors and
Walls, W.C Facilities, Key Security, Telephone Lines, Alarm Systems, Computer security,
are each available through Secured by Design standard. Identified that the car-park
adjacent to the tea-room/managers building are public car parks but are hidden by
planting which increases the potential to generate vehicle crime and anti-social
behaviour; parking spaces on the perimeter track have unrestricted public access and
are far from the manager's office and café and hidden from view by planting; western
site boundary perimeter marked with post and rail fencing hidden by vegetation, with
easy access/egress for offenders; toilet block on the tow-path adjacent road bridge and
surrounded by planting thus creating another potential ASB location; perimeter track is
unlit as are pedestrian paths to the moorings and are hidden by planting, so safety
implications for the site owner; perimeter track is hidden from view giving easy access
and excuse for people to be on site without being challenged; lack of lighting and an
excess of permeability for its own sake have been independently proven to promote both
crime and the fear of crime, the lack of both natural and formal surveillance will impact
on the HSE risk assessment for the staff if patrolling during hours of darkness.
This proposal suffers from a low level of natural surveillance, particularly the car parks;
no formal surveillance; excess of permeability; hidden parking spaces and vegetation
hides footpaths and provides numerous escape routes which may result in promoting
crime or fear of crime, for which reasons Staffordshire Police object to the proposal in
the layout shown. It is desirable for all interested parties to design out crime at the
planning stage not build crime into the development and then try to prevent crime
through reliance on secondary mitigation measures. I bring to the applicant's attention
Under Lock and Quay; a document jointly written by the Police and British Waterways on
the design of marinas that may assist in designing out the potential crime connected
with this proposal using proven environmental design methods.
Staffordshire Fire and Rescue (24.05.2010) - summary - confirmed that access for fire
appliance use in case of emergency appears to be adequate, access roads to within 45
metres of any property, should tolerate a load of 12,500kgs weigh; supplies of water for
fire fighting should be provided; and sprinklers should be considered within the
buildings.
4.12 Neighbour consultation
37 individual letters of objection have been received. The main points for objection
relate to the principle of the development and the impact of the proposal on the local
area and are summarised as follows:
- the development is too large for the village;
- there will be too much traffic generated on local roads;
- the noise and disturbance and pollution from the traffic, boats, engines and stoves will
be unacceptable;
- the cafe/tea room will compete with the village;
- there is an increased risk of flooding to adjoining land;
- there is additional risk of crime from the users of the marina;
- horses and associated livery business on adjacent land will be adversely affected
[marina now 9m closer];
- increase risk of trespass onto adjoining land;
- original proposal should not have been granted;
- detriment to environment outweighs any economic benefits;
- loss of view;
- inappropriate development in the Green Belt;
- negative impact on other local leisure pursuits.
4.13 It is also fair to note that 135 representation were recorded from individuals in
response to the approved application in 2010 [10/00312]. 134 were objections and 1
was a letter of support. 140 copies of a circular letter were also received at that time.
The concerns raised by objectors are summarised in the following list:
Traffic generation; flood risk; unacceptable change of outlook; air pollution; noise
pollution; loss of agricultural land; congestion on the waterway; detrimental impact on
the character of the conservation area; loss of wildlife habitat; inappropriate scale of
development in relation to the size of the village; inappropriate development in the
Green Belt; and provision of competing services.
4.14 The application was advertised by 4 site notices which expired 30.03.2012 - 3 along
the canal towpath between High Street and Hinksford Lock and 1 on the High Street by
the access point to site; Swindon Parish Council also agreed to place a notice in the
village notice board; a notice was published at Hinksford Mobile Home Park.
A public notice was placed in the Express and Star which expired 20.03.2012.
5. APPRAISAL
Key Issues
5.1 Principle of development
- Landscape matters.
- Character of the Conservation Area and Design Matters
- Amenity, air quality and noise issues.
- Tourism and economic benefits
- Traffic, access and parking issues
- Very Special Circumstances
5.2 Comparison with original permission
5.3 Flood Risk Assessment
5.4 Impact on Amenity
5.5 Financial Viability of the Development
5.6 S106 legal agreement
5.7 Representations
5.1 Principle of development
The principle of development of this nature in the Green Belt was explored in the
previous application. It has still not been clarified in national guidance whether a marina
for boats is inappropriate development in the Green Belt although the proposed
associated buildings fall within that definition. The National Planning Policy Framework
largely repeats the policies that were found in PPG2 in respect of Green Belts and states
that sustainable economic development might be supported where the harm to openness
can be demonstrated to be outweighed by other material considerations which amount
to very special circumstances.
Landscape matters.
In the approved scheme it was accepted that there would be a change to the landscape
as a result of the proposal but that with the land form and features proposed and
appropriate landscape planting that there would not be any detriment to the landscape
quality of the area.
Character of the Conservation Area and Design Matters
It was concluded in the approved scheme that although the impact on the setting of the
canal would be significant it would be for a relatively short confined stretch of the canal
relative to the full length of the Staffordshire and Worcestershire Canal Conservation
Area. Measures to minimise the impact of the proposal were included in the
development proposal and still are. The conservation area is a canal and views of boats
are expected. There is another marina at Ashwood not very distant from this proposal.
The detail and siting of the visitor's building is sufficiently close to the High Street to be
viewed in context with it and the Lock Cottage and there is opportunity through the
design of the proposed towpath bridge to enhance the Conservation Area. Some detailed
aspects of the design were not welcomed by Staffordshire Police however this amended
scheme does address some of those points although admittedly not all of them.
Amenity, air quality and noise issues.
The issue of noise and pollution was considered in the approved scheme and a condition
was proposed in respect of the impact of the development on particular properties.
Boaters using a marina also want the peace and quiet of the countryside and the clean
air, and the management of a facility would take steps to ensure that individual boaters
were not a nuisance as it would affect business.
Tourism and economic benefits
In the 2010 approval the support of British Waterways in requiring additional off-line
moorings on the network, the economic benefits that the boaters using that facility could
bring to the village of Swindon in supporting existing and the potential for new or
diversified businesses, and the potential for job creation within the service village of
Swindon were found to be material considerations in support of the application. The
degree to which the application has changed in these terms is insignificant. The
integration of the village with the development through the provision of off road parking
for the High Street and an amenity area for people in the local area were also found to
be material considerations in support of the proposal. This was and would still be
secured through a S106 agreement.
Traffic, access and parking issues
County Highways considered that there was no significant increase in traffic that would
result and that the details of the access would ensure no highway safety issues.
Very Special Circumstances
The original application was approved on the basis that it was considered that there were
several material considerations which, when taken into account, were very special
circumstances which outweighed any harm to the Green Belt through loss of openness as
a result of the built elements of the proposal:
- the village would benefit from a potential source of employment;
- the tea room and recreation area which would both serve the villagers and draw them
into the marina area;
- the development would provide parking for visitors to the village;
- the visitors to the marina would support the small number of retail outlets;
- the integration of village and marina facility would be assisted by the provision of
signage from the High Street;
- there would be general economic and tourism benefit for the community;
- the open space is an acceptable use of land within the Green Belt;
- the water space and boats although not excluded from the definition of inappropriate
development, do provide some recreational use;
- the impact of the marina and berths would be relatively modest;
- enhanced hedge and tree planting alongside the water space would screen it from
many view points;
- appropriate clauses in a S106 agreement would ensure the delivery of the above
points;
The Committee agreed with the conclusion that the integration and economic benefit to
the village of Swindon outweighed the harm to the openness of the Green Belt and that
on balance the considerations above could amount to the very special circumstances
which resulted in the scheme being acceptable.
5.2 Comparison with original permission.
The approved proposal was originally submitted in April 2010 with a proposal for 226
berths with a marina water area of 28,092sq metres [2.8ha] and;
- a two storey visitors building for a café, farm shop, chandlery sales, tourist information
point and gallery 7.2m high at the ridge of the highest gable, 5.7m high for the majority
of the roof and 33.7m long;
- two facilities buildings;
- a fuel pump point and sewage pump out point;
- a landscaped area of amenity/wildlife ponds with footpaths for public access;
- car parking for boat owners;
- parking for the visitors building;
- parking for visitors to Swindon High Street;
- associated engineering works to create embankments and other land forms;
- two of the proposed moorings for residential use for management of marina.
In September 2010 the application was amended to reduce the water area and for 199
berths; visitors building was amended and reduced in size; water area of 25,200sq
metres [2.5ha]. The two other smaller buildings would be identical. That scheme was
approved subject to a S106 agreement to allow public access to the car park for the High
Street and to the amenity area including the wildlife ponds and paths.
The current proposal, based on the information provided, would increase the water area
again from 25,200sq metres to 27,600sq metres although the volume of water would
remain the same through the details of the profiling of the marina. The shape would
change to increase its length by 9m towards the southern end and the western edge
would change slightly in shape to enable the paths around the marina to be closer to it
and allow segregation of the marina from the public access areas.
Some changes to the car parks would also take place but this would result in a slight
increase in the number of car parking spaces for visitors and contain any boater parking
within the boundary of the marina. There would no longer be parking between the
marina basin and the canal side which would address some of the concerns raised by the
police in the original approved application.
The additional berth numbers have been arrived at by changing the lengths of boats that
can be accommodated and rearranging their position within the revised marina shape.
There would still be 2 berths that could be used as residential boats for management of
the site.
In other respects there are some changes to the land form and an increase in the area of
the amenity ponds to allow for additional flood storage capacity within the site as set out
in detail in the Flood Risk Assessment and approved by the Environment Agency.
There are no changes proposed to the public benefit aspect of the scheme to allow High
Street visitors to park and to allow local people and visitors to walk in the amenity area
during its opening hours. The tea room/cafe/ visitors room would still provide
information for tourists and a small number of jobs.
The integration of the development with the village of Swindon would remain key to the
decision and the tourism, employment and opportunities to support local businesses
would all be very beneficial. I consider that the scale of the proposed changes do not
undermine or overturn the original conclusion that the benefits of the scheme set out in
5.1 above would outweigh any harm to the openness of the Green Belt or any of the
other perceived detriments which are the subject of conditions in the existing
permission.
5.3 Flood Risk Assessment
There is a very detailed update to the approved Flood Risk Assessment which sets out
that the scheme as it would be constructed in this amended proposal would result in an
increase in the flood storage capacity of the site. This would result in a further benefit
from the scheme by reducing the risk of flooding in the surrounding area by holding
water in storage rather than it entering the brook and increasing its rate of flow, during
a rain fall event. The amenity ponds would allow gradual percolation of the held water
into the underlying aquifer more effectively than the agricultural land does at present.
The Environment Agency has approved the amended Flood Risk Assessment as
submitted in its amended form in March 2012. Therefore contrary to there being any
additional flood risk, the scheme should result in a reduction in surface water run-off to
the surrounding area from the application site from the approved scheme and from the
existing agricultural field.
5.4 Impact on amenity.
This aspect of the application was considered in the approved scheme. With appropriate
landscape works and ongoing management, a well-designed tow path bridge and care in
the selection of materials for the whole development, I do not consider that there would
be any significant detriment to visual amenity. There would be a significant change in
the outlook from some higher points around the site but it is a matter of personal taste
whether the outlook over a marina, landscape works and a wildlife amenity area would
be unpleasant or an improvement. The Swindon Rough area would remain unchanged
as would much of the canal running through Swindon. Therefore I do not consider that
there would be a detriment to visual amenity although there would be a change.
Residential amenity has also been considered in terms of noise and pollution. I have
previously referred to the impact of those same amenity issues on the boaters in the
marina and I do not consider that these issues would be experienced equally or more by
boaters. Boats moving on and off the marina may increase at certain times but the
increased boat use of the canal could be viewed as a benefit to it, as British Waterways
relies on the income from license fees to maintain and improve the canal network.
A condition in respect of noise impact during construction was applied to the existing
permission.
5.5 Financial Viability of the Development.
The application to amend the scheme is accompanied by financial detail, some of which
is of a confidential nature, but which has been summarised earlier in this report.
The significant point is that to achieve commercial funding in the current financial
climate the business must be considered in terms of its risk to lenders. The risk to a
lender of a business that goes into profit on its 5th or 6th year of operation is too high in
the current lending environment. The risk to a lender for financing a business which
becomes profitable or breaks even in its 3rd year of operation is considered acceptable.
The applicants have tailored the numbers of berths and the lengths of boats that could
occupy those berths to achieve a break-even or small profit by year 3 of operation. 199
berths would achieve profit in year 5 or 6 but 236 berths would achieve profit or break
even by year 3. The assumptions are based on a 90% occupancy rate which is
supported by the demand for marina based moorings recorded by British Waterways.
The costs and business model relating to the tea room and visitors side of the business
remain unchanged.
I accept that the financial model on which the original permission was given is no longer
feasible as a result of the changed financial climate. I also consider that the proposed
changes put forward are the minimum required to support the development proposal.
5.6 Section 106 Legal Agreement
The original S106 legal agreement is still valid except that it needs to be amended to
relate to the correct application number and the new names associated with the
development. The changes to the layout in the approved plans also mean that the plans
associated with the agreement would need to be substituted.
The basic elements of the S106 agreement are that there would be provision of public
access to the open space from dawn to dusk in the spring and summer months (March to
October) and 08.00 to 16.30 in the winter months (November to February); there would
be 2 hours free parking (longer by arrangement) on the public parking area; that site
rules would be published on site; and that jobs would be advertised locally. I consider
that these remain appropriate and reasonable.
5.7 Representations
A significant number of representations have been made to this application. People are
aware that permission exists and continue to hold strong views in respect of the
potential impact of the proposal. The main concerns relate to traffic and amenity. These
have been considered at the time the original application was presented to Committee
and while I acknowledge that the change in outlook and fear of traffic increasing is of
real concern to some local people I am not of the opinion that is based on anything other
than anecdote. With regard to the comments about increased traffic, I note that County
Highways have no objections to the current application.
There has been particular concern raised in relation to the impact of the proposal on the
use of surrounding fields for equine purposes. There is a perceived fear of trespass onto
adjoining land and a need for additional security. However, these fields are already
adjacent to public and permissive rights of way therefore whatever fencing
arrangements might be required are already required. I consider it an unreasonable
objection. In addition the concern regarding flood risk to those fields has been
thoroughly considered in the Flood Risk Assessment and there is no additional risk
resulting from the development although climate change imposes a risk to all of us
through increased rainfall.
Additional comments have been made in respect of the financial viability argument put
forward with this amended scheme and that the small increase in the water area and the
increased number of boats are additionally detrimental to the Green Belt and the outlook
and that financial matters are not a good reason to allow the increase. I accept that is
an opinion, but as the Committee has already identified the benefits of this scheme and
its integration with the village as outweighing the harm to the Green Belt or any other
perceived detriment, I cannot reach the same conclusion in respect of the financial
viability. It is my opinion that the economic circumstances in which we currently find
ourselves, including constrained commercial lending, give additional weight to the
economic benefits of the scheme.
6. CONCLUSION
The development of an inland marina with associated ancillary development and
landscape works is not included amongst the forms of development which are considered
not be inappropriate development in Green Belts. The National Planning Policy
Framework Green Belt policy is also expressed in the development plan for South
Staffordshire together with other relevant policies. There are significant other material
considerations in this case which include the Government's economic growth agenda as
set out in letters from the Planning Minister and the new National Planning Policy
Framework in 2011 and 2012. The Council also has objectives for prosperous
economies in its Corporate Plan and in the South Staffordshire Sustainable Communities
Strategy (2008 - 2020).
The most important attribute of Green Belts is their openness and therefore
consideration needs to be given to the impact of the development on 'openness' in this
Green Belt location. A conclusion in the case of this planning application will depend on
whether there exists 'very special circumstances' that are sufficient to outweigh the
harm to the Green Belt by reason of 'inappropriateness' and harm to 'openness' in this
location.
The emerging Local Plan and the extant development plan for South Staffordshire
include support for canalside facilities that are located close to villages (Structure Plan
Policy R7) and give clear support for the development and success of tourism and
cultural assets, including new facilities in policy PA10 - Tourism & Culture of the West
Midlands Regional Spatial Strategy (WMRSS) with the canal network identified as an
asset. South Staffordshire seeks to deliver thriving and sustainable communities and the
promotion of tourism appropriate to South Staffordshire. Thus there is significant
support for the economic benefit a development of this nature can bring.
Furthermore, the benefits the proposal will bring to the community through its
integration with the village by providing a recreation space, parking for the village
businesses, a tourist attraction with economic benefits and the potential for a small
number of local jobs are very much in tune with the Government's expressed agenda for
growth. Rural renaissance is a key objectives of the WMRSS and the Council's emerging
Core Strategy seeks to encourage rural regeneration in South Staffordshire. In this case,
it will be important that the development functions as part of the 'public realm' so that
local people have access to the facilities and 'boaters' are encouraged to access the
village and the local businesses located in Swindon. Heads of terms within the Section
106 Agreement and recommended planning conditions have been drafted and include
opening hours and car parking that is accessible to local people.
There will be some minimal additional impact on the openness of the Green Belt in the
amended proposal but the landscape enhancements and the improved biodiversity,
through a further increase in the area of the amenity ponds, are both positive aspects of
the proposal. Access to a very significant part of the site by members of the public is an
outdoor recreational use which would have a positive role in fulfilling the objectives of
the Green Belt in terms of the provision of access to the open countryside and
opportunities for outdoor recreation for local people.
Amenity and pollution matters and the attenuation measures for flood risk have all been
adequately dealt with in the proposal and the officers of the responsible bodies have
indicated that they do not consider there is any additional risk to health and safety posed
by the development subject to the imposition of conditions.
There remain significant benefits associated with the proposed scheme, as amended,
that would contribute towards the sustainability and economic vitality of the local
community. The creation of enhanced canalside facilities accords with the
encouragement of tourism that is appropriate in South Staffordshire. Improved access to
the countryside and opportunities for outdoor recreation can contribute to health and
well being which is an important part of the Sustainable Communities Strategy for South
Staffordshire. It is accepted that there will be changes to the character and appearance
of the local environment. There will be a loss of agricultural land, a change to the
character and appearance of the Conservation Area in this location and some loss of
openness arising from the built development associated with the proposal. However, it is
considered that on balance these dis-benefits are outweighed by the positive benefits set
out above and that these benefits are sufficient to amount to 'very special circumstances'
necessary to justify a recommendation of approval.
The application is recommended for approval subject to the imposition of the following
conditions and a S106 agreement which sets out the terms of access and management
of the recreational area and requires that jobs will be advertised locally in the first
instance.
The previous application was previously referred to GOWM. It is being investigated
whether the amended scheme would also need to be referred to the Minister for Planning
in the event that Members agree with this recommendation.
7. RECOMMENDATION
Recommend delegate Approval to the Development Management Manager to issue the
decision notice upon completion of a Section 106 Agreement for:
- Access and management of the recreation area
- jobs to be advertised locally in the first instance.
(And possible referral to the Secretary of State - see above)
Subject to the following condition(s):
1.
The development to which this permission relates must be begun not later than
the expiration of 3 years from 31st May 2011 (the date on which the original
permission under application reference 10/00312/FUL was granted).
2.
The development shall be carried out in accordance with the approved drawings:
Masterplan: Planning scheme Rev M, received 03 February 2012 .
3.
No existing trees, shrubs or hedges on the site or its boundaries shall be lopped,
topped or cut down without the prior consent of the Local Planning Authority. If
any existing trees, shrubs or hedges are cut down or die, they shall be replaced
with the same species (unless otherwise agreed with the Local Planning
Authority) within the next available planting season and shall be maintained to
the satisfaction of the Local Planning Authority.
4.
Before the development commences a landscape scheme, including the floorscape
treatment of the access, parking and courtyard areas, shall be submitted to the
Local Planning Authority for approval. The approved scheme shall be
implemented concurrently with the development and completed within 12 months
of the completion of the development. The Local Planning Authority shall be
notified when the scheme has been completed. Any failures shall be replaced
within the next available planting season and the scheme shall be maintained to
the satisfaction of the Local Planning Authority, and the Local Planning Authority
shall be notified when the agreed scheme has been completed.
5.
No part of the development hereby permitted shall commence until details of a
bridge continuing the towpath, including any supporting structures, have been
submitted to and approved by the Local Planning Authority [in consultation with
British Waterways]. The development shall be carried out in accordance with the
agreed details, completed before the marina is brought into use, and thereafter
retained throughout the life of the development.
6.
Before the development hereby approved commences a monitoring programme
shall be submitted to and approved in writing by the Local Planning Authority.
The agreed programme shall be implemented and identified noise attenuation or
mitigation measures shall be carried out to the satisfaction of the Local Planning
Authority where they are required.
The noise levels resulting from the development shall not exceed the following at
the stated locations:
Lock Keepers Cottage - 42dB
Dwellings on the Brooklands - 40dB
Dwellings on Reynolds Close - 42dB.
7.
No excavated materials shall be removed from the site or materials imported to
the site without the prior agreement of the Local Planning Authority.
8.
Prior to commencement of the development plans clearly indicating the location
of all car parking outside of the functional (20yr) Flood Zone 3B will be submitted
to, and approved by the Local Planning Authority. The development shall be
carried out in accordance with the agreed details and retained as such throughout
the life of the development.
9.
Prior to commencement of the development a scheme to retain vehicles on site
during a flood event, by the provision of bollards or an equivalent structure, shall
be submitted to, and approved by the Local Planning Authority. The development
shall be carried out in accordance with the agreed details and retained throughout
the life of the development.
10.
Prior to commencement of the development a scheme of notices to display
adequate flood warning notices shall be submitted to, and approved by the Local
Planning Authority. These shall be installed before the development is brought
into use and retained throughout the life of the development.
11.
Prior to commencement of the development a detailed drainage scheme, based
on sustainable drainage principles, shall be submitted to and approved by the
Local Planning Authority. The development shall be carried out in accordance
with the agreed details.
12.
There shall be no building, structures (including gates, walls or fences), planting
or raising of ground levels (with the exception of those within the Flood Modelling
Study) within the floodplain without prior written approval from the Local
Planning Authority.
13.
The development hereby approved shall be built in accordance with the
topographic information presented within the approved Flood Modelling Study
Version Final v1.1 unless an alternative has first been submitted to the Local
Planning Authority for approval in writing.
14.
Prior to the commencement of development, details of a landscape management
plan for the area adjacent to the boundary of the canal shall be submitted to and
agreed in writing by the Local Planning Authority and thereafter implemented in
accordance with the agreed details unless otherwise agreed in writing.
15.
Notwithstanding the plans submitted, prior to the commencement of development
details of the proposed lighting for the development shall be submitted to and
approved in writing by the Local Planning Authority and thereafter implemented
in accordance with the agreed details unless otherwise agreed in writing.
16.
The permission hereby granted does not grant or imply consent to any of the
facing materials shown on the approved plans, and before development
commences details of the facing materials to be used on the external elevations
shall be submitted to the Local Planning Authority for approval. The development
shall be carried out in the approved materials.
17.
Notwithstanding the plans submitted, prior to the commencement of development
details of the proposed waste storage and collection shall be submitted to and
agreed in writing by the Local Planning Authority and thereafter implemented in
accordance with the agreed details unless otherwise agreed in writing.
18.
The development hereby permitted shall not be brought into use until the
following have been carried out:
a. the access has been constructed with a gradient not exceeding 1 in 15 for a
minimum distance of 10.0 metres from the rear of the highway boundary in
accordance with details to be first submitted to, and approved in writing by, the
Local Planning Authority;
b. the access to the site, within the limits of the public highway has been
completed;
c. the surfacing details of the access rear of the highway boundary, and details of
the parking and turning areas have first been submitted to, and approved in
writing by, the Local Planning Authority which shall thereafter be installed in
accordance with the approved details and retained for the life of the
development;
d. details of the extension of the existing footway network to the east and west of
the proposed access into the site have been submitted to and approved in writing
by the Local Planning Authority and the off-site highway works shall thereafter be
constructed in accordance with the approved details prior to the development
being first brought into use.
19.
The development hereby permitted shall not be commenced until parking for site
operatives and visitors vehicles has been provided within the application site in
accordance with details to be first submitted to, and approved in writing by, the
Local Planning Authority which shall thereafter be constructed in accordance with
the approved details and retained unobstructed during the construction of the
development.
20.
Construction HGV's shall gain access to the site off High Street (C60) by a right
turn manoeuvre, and construction HGV's shall gain access to High Street (C60)
from the site by a left turn manoeuvre only.
21.
The development hereby permitted shall not be commenced until wheel cleaning
facilities have been installed within the site in accordance with details to be first
submitted to and approved in writing by, the Local Planning Authority. The
approved facilities shall thereafter be utilised by all heavy goods vehicles for the
duration of operations.
22.
The development hereby permitted shall not be brought into use until the
parking/turning/servicing areas have been provided in accordance with a revised
masterplan to be agreed in writing with the Local Planning Authority. The
parking/turning/servicing areas shall thereafter be maintained free from
obstruction and retained for the life of the development.
23.
The development hereby permitted shall not be brought into use until the parking
bays have been clearly delineated in accordance with details and plans to be first
submitted to, and approved in writing by, the Local Planning Authority. The bays
shall be marked in accordance with the approved details and thereafter retained
for the life of the development.
24.
The development hereby permitted shall not be brought into use until the
visibility splays shown on Halletec Environmental Drawing No.T1197-01 have
been provided. The visibility splays shall thereafter be kept free of all obstructions
to visibility over a height of 600 mm above the adjacent carriageway level.
25.
The development hereby permitted shall not be brought into use until the details
of proposed cycle parking facilities, including weather protection and secure fixing
points, have been submitted to and approved in writing by the Local Planning
Authority. These facilities shall be provided before the marina is brought into use
and thereafter retained throughout the life of the development.
26.
The development hereby permitted shall not be brought into use until details of
the surface water drainage of the parking and access areas including outfall has
been submitted to and approved in writing by the Local Planning Authority. The
drainage works shall thereafter be constructed in accordance with the approved
details prior to the development being first brought into use.
27.
Prior to the commencement of the development a scheme of signage indicating
the availability of parking for the use of the public shall be submitted to and
approved in writing by the Local Planning Authority. The necessary permissions
shall be sought and the approved scheme shall be implemented prior to first
occupation of the site.
28.
The Visitors Centre hereby approved shall be used only for purposes ancillary to
the use of the site as a marina.
29.
Notwithstanding the provisions of the Town and Country Planning [General
Permitted Development] Order 1995 (as amended), or any other subsequent or
equivalent Order, no development within the following classes of development
shall be carried out to the Visitor Centre building hereby approved without the
prior permission of the Local Planning Authority:
Schedule 2, Part 41, Class A - extension or alteration of an office
Schedule 2, Part 42, Class A - extension or alteration of a shop
30.
The catering facilities in the cafe within the Visitor Centre hereby approved shall
be used solely for a cafe within Use Class A3 of the Schedule to the Town and
Country Planning [Use Classes] Order 1987 [as amended] and no other purpose.
31.
There shall be no more than two of the boat mooring berths hereby approved
occupied as permanent dwellings and this occupancy shall only relate to the
purposes of management and maintenance of the marina facility.
32.
Before the development commences the existing trees, shrubs and hedges on the
site shall be protected by fencing constructed in accordance with BS5837:2005 in
positions to be agreed with the Local Planning Authority which shall be retained
throughout the development of the site in the approved positions.
33.
Before the development commences details of all boundary treatment around and
within the site shall be submitted to the Local Planning Authority for approval.
The approved boundary treatment shall be built/erected concurrently with the
development and shall thereafter be retained in the approved form and position
throughout the life of the development.
34.
No development shall take place until a scheme to provide full details of the
means by which vehicles and equipment will cross the application site to reach
the access gate (annotated on the Masterplan Revision M as "access gate for
BW") and gain access to the canal towpath have first been submitted to and
agreed in writing by the Local Planning Authority in consultation with British
Waterways. The development shall be implemented in accordance with the
agreed details, fully implemented before the marina is first brought into use and
thereafter retained throughout the life of the development.
Reasons
1.
The reason for the imposition of these time limits is to comply with the
requirements of Section 92 of the Town and Country Planning Act 1990.
2.
In order to define the permission and to avoid doubt.
3.
To safeguard the amenity of the area in accordance with policy BE26 of the
adopted Local Plan.
4.
To safeguard the amenity of the area in accordance with policy BE26 of the
adopted Local Plan.
5.
To ensure continuity of the towpath and to ensure that the structure is
appropriate to the character and appearance of the area.
6.
To safeguard the amenity of the area in accordance with policy BE26 of the
adopted Local Plan.
7.
To comply with Policy MW5 of the Staffordshire and Stoke-on-Trent Structure
Plan and PPS10 Waste Management as directed by the National Planning Policy
Framework paragraph 5.
8.
To ensure the development does not pose unacceptable flood risk to users of the
facility
9.
To ensure vehicles utilising the site do not unintentionally leave the site during a
flood event thereby increasing hazard risks elsewhere.
10.
To ensure visitors and occupiers are aware of the potential risks on site.
11.
To ensure the development is safely and sustainably drained for the lifetime of
the development.
12.
To ensure that the development does not increase flood risk locally.
13.
To ensure that flood risk is not increased elsewhere through the satisfactory
provision of flood storage compensation.
14.
To safeguard the amenity of the area in accordance with policy BE26 of the
adopted Local Plan.
15.
The lighting at waterside developments should be designed to minimise the
problems of glare, show consideration for bats and unnecessary light pollution
should be avoided by ensuring that the level of luminance is appropriate for the
location.
16.
To safeguard the amenity of the area in accordance with policy BE26 of the
adopted Local Plan.
17.
To safeguard the amenity of the area in accordance with policy BE26 of the
adopted Local Plan.
18.
In the interests of highway safety and sustainability and to comply with access
standards.
19.
In the interest of public and highway safety and convenience and to conform to
the requirements of policy TR3 of the adopted Local Plan.
20.
In the interest of public and highway safety and convenience and to conform to
the requirements of policy TR3 of the adopted Local Plan.
21.
In the interest of public and highway safety and convenience and to conform to
the requirements of policy TR3 of the adopted Local Plan.
22.
In the interest of public and highway safety and convenience and to ensure that
adequate parking facilities are available to serve the development and to conform
to the requirements of policy TR4 of the adopted Local Plan.
23.
In the interest of public and highway safety and convenience and to ensure that
adequate parking facilities are available to serve the development and to conform
to the requirements of policy TR4 of the adopted Local Plan.
24.
In the interest of public and highway safety and convenience and to conform to
the requirements of policy TR3 of the adopted Local Plan.
25.
In the interest of public and highway safety and convenience and to ensure that
adequate parking facilities are available to serve the development and to conform
to the requirements of policy TR4 of the adopted Local Plan.
26.
To ensure that the development is carried out in a satisfactory manner.
27.
In the interests of integrating the development with the village community and
encouraging sustainable economic development and vibrancy in accordance with
the National Planning Policy Framework.
28.
In order to define the permission and to avoid doubt.
29.
The site is within the Green Belt within which, in accordance with the planning
policies in the National Planning Policy Framework and the adopted Local Plan,
there is a presumption against inappropriate development.
30.
In order to define the permission and to avoid doubt.
31.
In order to define the permission and to avoid doubt.
32.
To safeguard the amenity of the area in accordance with policy BE26 of the
adopted Local Plan.
33.
To safeguard the amenity of the area in accordance with policy BE26 of the
adopted Local Plan.
34.
To ensure that adequate access through the site to the towpath is provided to
enable management and maintenance works to the adjacent Staffordshire and
Worcestershire Canal and towpath to be carried out.
INFORMATIVES
1. This approval should be read in conjunction with the Planning Obligation
entered into under Section 106 of the Town and Country Planning Act 1990 (as
amended) signed between ............................................... dated ...............
2012 which accompanies it.
2. A Minor Works Agreement with Staffordshire County Council is required for
some of the conditions above and the applicant is therefore requested to contact
Staffordshire County Council in respect of securing the Agreement.
MM