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Wellingborough Council Statement of Case
Wellingborough North SUE Appeal
Appeal Under Section 78 of the Town & Country Planning Act 1990
For: Outline Proposal for 3000 Dwellings, Mixed Uses and Associated Infrastructure
At
Land Off the A509 Niort Way and A510 Northen Way and South of Great Harrowden, Wellingborough, Northamptonshire
Appeal By Northants LLP

PINS REF: APP/H2835/A/08/2093066/NWF
Council Ref: WP/2008/0150/OEIA



Wellingborough Council Statement of Case
Wellingborough North SUE Appeal
1.Background 1
2.The Site and Surroundings 2
3.The Proposal 2
4.Planning Policy Context 3
5.The Main Issues raised by the Council 5
6.Matters Raised by the Secretary of State 8
7.Conclusions 20


Background
The appeal application was registered by the Council in February 2008. An appeal was lodged in respect of non-determination of the application by the Council. The ‘start date’ for the appeal is 8 Jan 2009.
The appeal application is a duplicate of an earlier application that was already under consideration by the Council, ref WP/2007/0750/OEIA, registered in November 2007. This application was subject of considerable discussion with the appellants, and was reported to the full Council on 4 February 2009. The officers report to the Council recommended approval of the application, subject to conditions and a satisfactory legal agreement being entered into with the Council.
The Council members resolved to refuse the application for the following reasons:
In the absence of a reasonable prospect of IWIMP (Isham - Wellingborough Road Improvement) being delivered within the lifetime of this permission, this implies that the traffic impact arising from the proposed development cannot be adequately/sufficiently mitigated. Therefore, this prevents a comprehensive development of a Sustainable Urban Extension (SUE), contrary to Policies 6 (Infrastructure Delivery and Developer Contributions); 7 (Delivering Housing); 9 (Distribution and Location of Development); and 16 (Sustainable Urban Extensions) of North Northamptonshire Core Spatial Strategy and contrary to the advice in Planning Circular 11/95.
The initial SUE at Wellingborough East (WEAST) has not been successfully established in accordance with Policies 7 (Delivering Housing) and 9 (Distribution and Location of Development) of the North Northamptonshire Core Spatial Strategy. In the circumstances the phasing expected will not be implemented if planning permission is given for the proposed development. This would be detrimental to the delivery and distribution of housing in Wellingborough contrary to the above policies.
The gap between the proposed development and the Harrowden Villages to the north would be insufficient to provide a sensitive transition to the adjoining areas in the countryside. This would be likely to result in an undesirable coalescence with the Harrowden Villages to the north. This is inconsistent with the principles of sustainable patterns of development contained in Planning Policy Statement 1 (Delivering Sustainable Development) and contrary to Policy 16 (para k) (Sustainable Urban Extensions) of the North Northamptonshire Core Spatial Strategy Policy MKSM Northamptonshire 4 of Regional Spatial Strategy for East Midlands (RSS 8).
In the absence of a planning obligation to secure community benefits and provide the necessary infrastructure to mitigate the adverse impacts of the development, the proposal is contrary to Policy 6 (Infrastructure Delivery and Developer Contributions) of the North Northamptonshire Core Spatial Strategy.
In this Statement the Council explains the reasoning underlying the grounds of refusal. It then addresses the matters put forward by the Secretary of State in her letter of 27 January 2009.
The Site and Surroundings
The appeal site is agricultural land measuring 252.5 hectares on the north side of the Great Harrowden Brook. The land rises from about 68m AOD (above Ordnance Datum) at Harrowden Brook to about 100m AOD at Great Harrowden, with a ridge line across the north of the site. The skyline is open in the west with views through to Little Harrowden and Redhill Spinney which is to the north of the site boundary.
The southern boundary of the site is defined by the A509 and A510 and Hardwick Road; the eastern boundary by Finedon Road industrial estate; the western boundary by an existing footpath; and the northern boundary by field enclosures, bridleway TH2 and The Slips, a narrow lane.
A busy three lane road, A509, runs through the site connecting the town to Great Harrowden and onwards to Isham and Kettering. Redhill Grange housing estate is located on the eastern side of the road and outside the application area. In the west of the site is Grange Farm which includes a listed farmhouse building excluded from the application. As well as the public footpath that forms the northern boundary there is also a footpath running diagonally from the A509 to the west of Great Harrowden TH5.
The site is largely an open arable landscape with low hedges and few trees. There is a strong woodland edge to the A509 alongside Redhill Grange, and woodlands at Blackberry Fox Covert in the western part of the site. There is also prominent boundary planting to Finedon Road Industrial Estate, woodlands to the edge of Park Farm Industrial Estate, and a strong diagonal hedgerow in the eastern part of the site. Great Harrowden to the north of the site has a number of listed buildings including Harrowden Hall and related historic park and garden which is now a golf course.
Redhill Spinney and the trees within Harrowden Hall are a strong landscape feature protected by tree preservation orders. The Harrowden Brook runs through the site from west to east with areas of wet grassland associated with two flood storage areas and marginal trees and some scrub.
The Proposal
The appeal proposal seeks consent for;
81.54 ha of residential development providing 3,000 dwellings
6.69 ha (gross) of employment land, generating approximately 26,120 sq. m of employment floor space for business uses under Classes B1a, b and c
A main neighbourhood centre containing: retail uses; offices; community meeting place; leisure uses; health centre; nursery; local waste management facility; and hotel
Two smaller centres each including a small local shop and community meeting place
A further shop in the north along the main street running through the development
Two primary school sites and associated playing fields
17.66 ha of formal open spaces
102.59 ha of informal open space that includes children’s play spaces, allotments and replacement open space for that lost through development
Surface water drainage including a sustainable drainage system with swales
A reserved corridor for the construction of the IWimp and provision for access to that route
Three phases are identified for the development:
Phase 1 (assumed years 1–5): The central part of the site west of the A509; construction of 1,500 dwellings and open space areas to the west of the proposed Isham – Wellingborough improvement Road;
Phase 2 (assumed years 5–8): A further development of 700 dwellings completing the central part of the site and development to the west, completion of neighbourhood centre, local centre and employment development;
Phase 3 (Assumed years 8–10): Development of 800 dwellings, second local centre and primary school, completion of Brook Park and northern park area.
The proposed phasing assumes that the IWimp would be provided during Phase 1 and completed before the commencement of Phase 2.
Planning Policy Context
Section 38(6) of the Planning & Compulsory Purchase Act 2004 replaces Section 54(A) of the Town & Country Planning Act 1990 and requires that planning applications should be determined in accordance with the development plan, unless material considerations indicate otherwise.
The development plan for the purposes of this statutory provision is:
The Regional Spatial Strategy (RSS) 8 March 2005, including the Milton Keynes – South Midlands Sub-Regional Strategy, March 2005 (MKSM);
The North Northamptonshire Core Spatial Strategy, June 2008 (CSS);
Retained or 'saved' policies in the Northamptonshire County Structure Plan (CSP); and Wellingborough Local Plan (LP); and Northamptonshire Waste Local Plan.
Other relevant informal guidance includes:
Planning Guidance for Wellingborough North Sustainable Urban Extension, June 2009;
Draft Planning Contributions Guide, Oct 2008;
LDF evidence base:
Wellingborough Employment land Study, September 2006;
Wellingborough Sports Facilities Strategy, September 2008;
Borough Council of Wellingborough, Planning for Open Spaces, Sport and Recreation, July 2005;
North Northants Strategic Housing Market Assessment (SHMA);
Northamptonshire's Environmental Character and Green Infrastructure Suite, River Nene Regional Park;
Wellingborough Sustainable Expansion Areas, Appropriate Retail Provision, August 2008, Drivers Jonas.
National planning policy guidance includes:
Planning Policy Statement 1: Delivering Sustainable Development;
Planning Policy Statement 3: Housing;
Planning Policy Guidance 4: Industrial & Commercial Development;
Planning Policy Statement 6: Planning for Town Centres;
Planning Policy Statement 7: Sustainable Development in Rural Areas;
Planning Policy Statement 9: Biodiversity and Geological Conservation;
Planning Policy Statement 10: Planning for Sustainable Waste Management;
Planning Policy Guidance 13: Transport;
Planning Policy Guidance 15: Planning and the Historic Environment;
Planning Policy Guidance 16: Archaeology;
Planning Policy Guidance 17: Open Space, Sport and Recreation;
Planning Policy Statement 23: Planning and Pollution Control;
Planning Policy Guidance 24: Planning and Noise;
Planning Policy Statement 25: Development and Flood Risk;
Circular 11/95: The Use of Conditions;
Circular 05/2005: Planning Obligations.
The Council identifies below the particular guidance and policies of relevance to the main issues under consideration at this appeal.



The Main Issues raised by the Council
The Council considers that the main issues at this appeal are as follows:
Conflict with the Development Plan and Circular 11/95 in the absence of a commitment to implementation of the Isham-Wellingborough Road Improvement (IWimp)
The following guidance and policies are of particular relevance:
RSS MKSM Northamptonshire Policy 4: Corby, Kettering and Wellingborough;
CSS Policy 6: Infrastructure Delivery & Developer Contributions;
CSP GS6: Infrastructure, Facilities and Services.
The appellants propose that Phase 1 of the development (1,500 dwellings) will be served from the existing principal highway network; and that Phases 2 and 3 (1,500 dwellings) will commence following completion of the IWimp.
The applicant anticipates that the IWimp will be constructed and opened to traffic during Phase 1 of the development (construction of 1,500 dwellings) and before the commencement of works in connection with Phases 2 and 3.
The IWimp is within the County Council’s Major Infrastructure Programme and has been the subject of public consultation. However, no planning application has been submitted for the road, nor has funding been secured for its construction. The Council understands that the County Council has funding for IWimp from the Growth Area Fund (GAF) only to the stage of submission of a detailed planning application. Although the Council understands that funding bids to central Government are to be made, there is currently no funding commitment in place to implement the IWimp.
Consideration has been given to use of a negative precondition (‘Grampian’ condition) that would require construction of the IWimp before Phases 2 and 3 of the appeal proposal could be commenced. In the circumstances of this case, the Council has concluded that such a condition would be unacceptable.
In the absence of planning permission and funding, there is no reasonable prospect of such a negative precondition being satisfied. Moreover, IWimp is a vital piece of strategic infrastructure required to serve the northern expansion area as a whole. Although the expansion area is proposed to be implemented in stages, the appeal proposal seeks consent for the development as a whole. Furthermore, the sustainability credentials of the appeal proposal would be severely prejudiced if the development as a whole were not able to be delivered. Implementation of Phase 1 only would give rise to a scale and form of development that was unsatisfactory and unsustainable as an urban expansion.
In the absence of a planning consent for the IWimp and a firmer commitment for its funding, the Council considers that the appeal proposal is in conflict with the development plan (CSS Policy 6, and CSP Policy GS6) and with Circular 11/95 (paragraphs 38-41).



Conflict with the Development Plan in proposing a second SUE at Wellingborough North in advance of delivery of new housing at the Wellingborough East SUE
The following guidance and policies are of particular relevance:
CSS Policy 9: Distribution and Location of Development; Policy 7: Delivering Housing.
Policy 9 of the CSS provides for Sustainable Urban Extensions (SUE), including east of Wellingborough.
It also makes provision for additional development:
Once these developments are successfully established, further Sustainable Urban Extensions will be brought forward to the west of Corby and north-west of Wellingborough.”
The East of Wellingborough SUE has not yet been successfully established, and a grant of planning permission for the appeal proposal (Wellingborough North) would therefore conflict with CSS Policy 9.

CSS Policy 7 does permit reconsideration in certain circumstances of the phasing of new housing developments/expansion areas. These considerations are specified in Policy 7
“strategic and local infrastructure constraints can be resolved at an earlier date; and either;
Progress with the initial sustainable urban extension for that town is delayed, or if the supply of housing from other sources falls significantly below anticipated levels, provided that appropriate efforts have been made to identify and address obstacles and constraints to housing delivery; or
The initial sustainable urban extension for that town has reached a critical mass, having delivered its first homes, primary school and local services, and brownfield sites are being delivered at anticipated levels.

The Council believes that these considerations do not apply. The Council has referred above to the lack of commitment to the IWimp at Wellingborough North.
An inadequate gap between the proposed development and the Harrowden Villages
The following guidance and policies are of particular relevance:
RSS MKSM Northamptonshire Policy 4: Corby Kettering and Wellingborough;
CSS Policy 16: Sustainable Urban Extensions;
LP Policy G6: Development within the Open Countryside;
Planning Guidance for Wellingborough North Sustainable Urban Extension, January 2009.
The appeal proposal’s northern boundary of built-development is an important consideration, because of the proximity of the Harrowden villages and the topography of the appeal site. This issue is specifically identified in the Planning Guidance for Wellingborough North SUE, which states that the maximum extent of the developable area should have regard to:
the need to prevent coalescence between the SUE and the Harrowdens;
the landform; and
other site specific constraints.
Plan 4, included within the Planning Guidance for Wellingborough North SUE indicates a ‘built-development’ boundary that addresses these issues. The boundary of built-development broadly accords with the 90m contour.

The Council believes that some of the uses proposed within the gap contained within the appeal proposal are of an urban nature which is incompatible with the function of the gap.
Conflict with the Development Plan in the absence of agreement on head of terms to secure a planning obligation to provide the necessary community benefits and infrastructure
The following guidance and policies are of particular relevance:
RSS Policy 4: Corby Kettering and Wellingborough:
CSS Policy 6: Infrastructure Delivery & Developer Contributions;
CSP Policy GS6: Infrastructure, Facilities and Services;
LP Policy: G25: Planning Obligations;
Planning Guidance for Wellingborough North Sustainable Urban Extension, January 2009;
Draft Planning Contributions Guide October 2008, SPG on the Use of Planning Obligations, SPG on Planning Obligations and LEA School Provision:
A Section 106 agreement has been under negotiation between the Council and the appellants, but is subject to further independent viability analysis by the Council in collaboration with the Council’s consultants EDAW & NNDC. Key matters on which negotiations have yet to be concluded are:
Affordable housing percentages;
Financial contributions to the IWimp, associated highway infrastructure, and community facilities.
The achievement of a satisfactory legal agreement is of fundamental importance with a development of this scale and nature. An important objective of the Agreement is to ensure that a ‘sustainable’ form of development is achieved. The Council identifies in Section 6 below the matters that would be included within the Agreement.
The Council considers that planning permission for the appeal proposal should not be granted in advance of agreement on the heads of terms of a legal agreement.



Other Matters
The scale of retail development is excessive
The following guidance and policies are of particular relevance:
RSS Policy 23: Regional Priorities for Town Centres and Retail Development;
CSS Policy 12: Distribution of Retail Development, Policy 16: Sustainable Urban Extensions;
LP S1: Broad locational requirement for retail development, and S2: Impact upon the vitality and viability of the town centre;
Planning Guidance for Wellingborough North Sustainable Urban Extension, January 2009;
Wellingborough Sustainable Expansion Areas, Appropriate Retail Provision, August 2008, Drivers Jonas LLP.
The appellants propose 4,000 sq. m gross retail and service floorspace. The Council considers that this amount of retail floorspace is excessive having regard to the policies of the RSS, CSS and the submitted Town Centre Area Action Plan; all of which emphasise the key role that the town centre is to play as the focus for retail development in Wellingborough.
Retail development will not be acceptable if it will result in an adverse impact on the vitality and viability of the town centre. A recent study by Drivers Jonas LLP on behalf of the Council recommended retail floorspace (A1 and services) of 1,850 sq m gross in 2021 and 2,600 sq m gross by 2031 as sufficient to accommodate the residents’ local shopping needs in Wellingborough North. This is based on the CSS assumptions of 2,300 dwellings by 2021 and 3,000 by 2031.
The Council believes that the scale of retail development proposed is excessive in relation to local needs and risks having an adverse impact on the town centre.
Matters Raised by the Secretary of State
The Council’s views on the matters raised by the Secretary of State in her letter of 27 January 2009 are as follows.

A) The extent to which the proposed development would be in accordance with the development plan for the area
The Council believes that the proposed development is not in accordance with the development plan for the area. The principal conflicts are with: following policies:
CSS
Policy 9: Distribution and Location of Development;
Policy 7 : Delivering Housing;
Policy 16: Sustainable Urban Extensions;
Policy 6: Infrastructure Delivery & Developer Contributions;

CSP
Policy GS6: Infrastructure Delivery & Developer Contributions.
LP
Policy G25: Planning Obligations.
The CSS makes provision for a SUE to the north west of Wellingborough once the SUE to the east of Wellingborough has been “successfully established.” (Policy 9 Distribution and Location of Development). The Wellingborough East SUE has not yet been successfully established.

CSS Policy 7 does permit reconsideration of the phasing of SUEs in Wellingborough in certain circumstances, specified in the policy a) – c).
The Council has described in Section 5 the current lack of commitment to the necessary infrastructure at Wellingborough North (IWimp), item a) of Policy 7. The Council will describe the current programme at Wellingborough East, and explain why the circumstances described in items b) and c) do not apply.
The lack of a commitment to implementation of the IWimp is in conflict with the requirements of CSS Policy 6 and CSP Policy GS6.
In the absence of Phases 2 and 3 of the appeal proposal that are dependent upon implementation of the IWimp, the appeal proposal would not represent a sustainable from of development as required by CSS Policy 16 (see item Bi below).
The appeal proposal is not supported by an agreed package of planning obligations, and therefore conflicts with requirements of CSS Policy 6 and LP Policy G25.

B) The extent to which the proposed development is consistent with Government policies in Planning Policy Statement 1: ‘Delivering Sustainable Development’, and accompanying guidance ‘The Planning System: General Principles’ with particular regard to: ) The achievement of sustainable development and sustainable communities through an integrated approach to social cohesion, protection and enhancement of the environment, prudent use of natural resources and economic development;
The Council raises no issues in respect of the sustainability credentials of the proposed development as a whole; other than any sustainability considerations arising from the Council’s areas of concern set out in the explanation of their grounds of refusal.
The Council does, however, believe that it is vital for the development as a whole to be achieved in accordance with the master plan, in order to achieve a sustainable form of development.
The form and content of the master plan is based upon achievement of the whole development. The Council has referred in Section 5 to the lack of any commitment to the delivery of the IWimp, and that in these circumstances, it believes that it is inappropriate to grant planning permission for those parts of the development (Phase 2 and 3) that are dependent for access on the IWimp.
Implementation of Phase 1 only would, in the Council’s opinion, give rise to a scale and form of development that was unsatisfactory and unsustainable as an urban expansion. The CSS requires that SUEs (paragraph 3.83)
“will be of sufficient scale to include a mix of homes, jobs and other uses and to deliver the high quality infrastructure, facilities and environment needed to support a step change in the rate of housing development and to create thriving communities where people want to live and work.”
The Council believes that Phase 1 of the appeal proposal in isolation would not accord with the strategy for the creation of sustainable new urban extensions set out in the CSS.
ii) Whether the design principles in relation to the site and its wider context, including the layout, scale open space, visual appearance and landscaping, are appropriate in their context and take the opportunities available for improving the character and quality of the area and the way it functions, having regard to the advice in paragraphs 33-39 of PPS1;
The application is in outline with all matters reserved for subsequent approval. Detailed design issues will therefore be addressed through reserved matters applications.
The appellant’s Design and Access Statement and master plans have been the subject of much discussion and negotiation with Council officers, arising from which the Council is supportive of the design principles adopted. The Council has had regard to the guidance in PSS1 and the ‘Planning Guidance for Wellingborough North Sustainable Urban Extension’.
An exception to the Council’s support is the proposed treatment of the gap between the northern boundary of the development and the Harrowden villages. The Council’s concerns are described in Section 5 of this Statement.
iii) The extent to which the proposed development takes into account the needs of all in society, including people with disabilities – including access to and into buildings, having regard to the advice in paragraphs 36 and 39 of PPS1;
The application is in outline with all matters reserved for subsequent approval. On receipt of reserved matters applications, it is the intention of the Council to ensure that the needs of all are met, including people with disabilities, in accordance with advice in paragraphs 36 and 39 of PPS1.
iv) Advice on prematurity in paragraphs 17-19 of ‘The Planning System: General Principles’, having regard to progress towards adoption of any emerging development plan documents or saved policies under the transitional arrangements:
It is not the Council’s case that the proposed development is premature in the context of emerging development plan documents.

C) The extent to which the proposed development is consistent with Government planning for housing policy objectives in Planning Policy Statement 3 (PPS3) Housing with particular regard towards delivering:
i) high quality housing that is well designed and built to a high standard;
The application is in outline with all matters reserved for subsequent approval. On receipt of reserved matters applications, it is the intention of the Council to ensure that the housing is well designed and built to a high standard. The Council seeks the imposition of conditions requiring the preparation of design codes for each phase of development.
The appellant’s Design and Access Statement and master plans have been the subject of much discussion and negotiation with Council officers, arising from which the Council is supportive of the design principles adopted for the provision of new housing, in the context of guidance in PSS3 and the Council’s ‘Planning Guidance for Wellingborough North Sustainable Urban Extension’.
The proposed housing density is consistent with the Government’s guidelines and with the CSS.
ii) a mix of housing, both market and affordable, particularly in terms of tenure and price, to support a wide variety of households in all areas, both urban and rural;
The North Northamptonshire Strategic Housing Market Assessment (SHMA) advises that on sites of more than 50 dwellings, a relatively even mix of 2, 3 and 4-bed homes should be provided. Although the application is in outline, the submitted documentation indicates the possibility of achieving a broad mix of detached, semi-detached and terraced dwellings, townhouses, mews, apartments and bungalows. This mix is generally consistent with the SHMA advice, and it would be the intention of the Council to review and control the detailed proposals at each stage through the design codes.
The CSS (Policy 15) requires a minimum provision of 30% affordable housing in Wellingborough. The Council’s Site Specific Proposals Development Plan Document will set out more detailed affordable housing requirements. The ‘Planning Guidance for Wellingborough North Urban Extension’ sets out interim guidance in respect of Wellingborough North, which includes 20% affordable housing; 15% of open market housing to be low cost; and 5% of open market housing to be wheelchair accessible. These requirements are consistent with the SHMA.
The Council requires a commitment from the appellants on the numbers, type, design and location of the affordable units, which the Council believes should form part of the Section 106 Agreement. Similarly the Council believes that the phasing of the affordable housing, build delivery price, and tenure cascade should be part of the Section 106 Agreement.
iii) a sufficient quantity of housing taking into account need and demand and seeking to improve choice;
The CSS (Figure 13 page 44) identifies a figure of 2,300 dwellings to be provided NW of Wellingborough in the period up to 2021. The plan (paragraph 3.66) also recognises that there is potential for further growth beyond 2021.
The application proposal makes provision for 3,000 dwellings, which is in excess of the numbers required by the CSS. However, this number of additional dwellings can be accommodated within the environmental envelope of the site, giving an average density of about 40 dwellings per hectare.
The Council raises no issues in respect of the number of dwellings proposed.



iv) housing developments in suitable locations, which offer a good range of community facilities and with good access to jobs, key services and infrastructure;
The Council is satisfied that, provided the necessary infrastructure is in place or committed (particularly the IWimp), the appeal site is a suitable location for a major SUE.
v) a flexible, responsive supply of land – managed in a way that makes efficient use of land, including re-uses of previously developed land, where appropriate.
With a view to delivering the necessary housing requirements, making the most efficient use of land, and maximising the use of brownfield sites, CSS Policy 9 requires a distribution and location of housing development that excludes development of the appeal site in advance of the Wellingborough East SUE.
Bringing forward the appeal site now, which is greenfield, would not represent an efficient use of land.
the extent to which the proposed development is consistent with advice in Planning Policy Guidance Note 13: ‘Transport’, in particular on the need to locate development in a way which helps to promote more sustainable transport choices; promote accessibility to jobs, shopping, leisure facilities and services by public transport, walking and cycling; reduce the need to travel, especially by car and whether the proposal complies with local parking standards and advice in paragraphs 52 to 56 of PPG13;
The Highway Authority has confirmed that the IWimp is required to be in place in order to provide satisfactory access to Phases 2 and 3 of the proposed development. The Council has indicated in Section 5 of this Statement that is in the absence of a clear commitment to delivery of IWimp the application should be refused.
The Highway Authority has also indicated a package of transport measures that are required to be put in place and funded in order to mitigate the transport impacts of the proposal.
The Council raises no issues in respect local parking standards and related advice set out in paragraphs 52-56 of PPG13.
whether any permission should be subject to any conditions and, if so, these should take;
Without prejudice to the outcome of the appeal, the Council requests imposition of the following conditions, if the Secretary of State allows the appeal. Condition 3 is a ‘Grampian condition’ and is included only on the basis that the Secretary of State finds this to be acceptable in the circumstances of this case (contrary to the views of the Council).
The f
irst application for the reserved matters in respect of phase 1 shall be made no later than the expiration of 3 years from the date of this permission and the development to which this permission relates in respect of phase 1 shall commence either before:
The expiration of a period of 5 years from the date of this permission; or
The expiration of 2 years from the date of the final approval of the details of the last reserved matter given by the Local Planning Authority or in the case of approval on different dates, the final approval of the last such matter to be approved.
Reason: In accordance with the provisions in the Town & Country Planning Act 1990 as amended by Planning & Compulsory Purchase Act 2004
The first application for the reserved matters in respect of phases 2 & 3 shall be made no later than the expiration of 10 years from the date of permission and the development to which this permission relates in respect of phases 2 & 3 shall commence either before:
The expiration of a period of 12 years from the date of this permission; or
The expiration of 5 years from the date of the final approval of the details of the last reserved matter (for phases 2 & 3) given by the Local Planning Authority or in the case of approval on different dates, the final approval of the last such matter to be approved.
Reason: In accordance with the provisions in the Town & Country Planning Act 1990 as amended by Planning & Compulsory Purchase Act 2004
Notwithstanding condition 2 above, no development shall commence in respect of phases 2 & 3 until the IWimp road has been completed and come into use.
Reason: To ensure the delivery and availability of infrastructure and to ensure that the safety and free flow of traffic on the trunk road network is not prejudiced by this development.
Applications for details of the following matters (hereby referred to as the reserved matters) shall be submitted to and approved in writing by the Local Planning Authority before the commencement of development in each phase:
the siting, design and external appearance of buildings;
vehicle, cycle and foot access routes and parking;
hard and soft landscaping including boundary treatments and details of street furniture and lighting;
layout and design of public open space;
layout, design and specification of drainage infrastructure; and
detailed survey of existing ground levels, details of any proposed alterations to the existing ground levels, the final ground level of the development and the finished floor levels of the buildings.
The development shall thereafter be implemented in accordance with the approved details
Reason: In accordance with the provisions in the Town & Country Planning Act 1990 as amended by Planning & Compulsory Purchase Act 2004
Unless otherwise agreed in writing by the Local Planning Authority, no reserved matters application shall be submitted for development on any phase until and unless a design code (including schedules of external facing materials for all the buildings) covering that application has been submitted to and approved in writing by the Local Planning Authority. Such design code to be submitted to the Local Planning Authority for approval shall consist of guidance and coding relating to the following matters for that application:
character area overview;
public realm strategy;
movement network including route hierarchy,
street, building and block typologies;
open spaces and landscape;
environmental standards; and
implementation.
Reason: To ensure that the development achieves the objectives set out in the Masterplan
Each reserved matters application shall substantially accord with the Planning Application Masterplan (drawing numbered BBD008/010BC) and the approved Design Codes, unless otherwise agreed in writing by the Local Planning Authority, and shall be accompanied by a written statement which demonstrates compliance.
Reason: To ensure that the reserved matter applications are in accordance with the Masterplan and relevant sub-area detailed design code/design brief
The development hereby permitted shall be carried out substantially in compliance with the plans contained in the Planning Application and save as is necessary to secure compliance with the conditions on this permission, no variation shall be made without the prior written approval of the Local Planning Authority which approval will not be given if in the reasonable opinion of the Local Planning Authority the proposed variation creates new environmental impacts which exceed the range or scale of those assessed and measured in the Environmental Statement (including the further information submitted in October 2008) and which the Local Planning Authority considers may require further or additional mitigation measures
Reason: In order that the development is carried out in accordance with any necessary mitigation for the purposes of the Environmental Impact Assessment and in order that the development complies with the Approved Plans.
The total number of C3 dwelling units within the development shall be limited to 3000. Of that total, 1500 units shall be limited to phase 1, 700 units for phase 2 and 800 units for phase 3 unless otherwise agreed in writing by the Local Planning Authority. Notwithstanding the foregoing, sub-phases of the development may be carried out subject to the limits specified for each phase both individually and cumulatively not being exceeded.
Reason: To ensure that the safety and free flow of traffic on the trunk road network is not prejudiced by this development.
Prior to the commencement of the development of any phase or infrastructure element in connection with any phase, all existing footpaths / routes affected by the development shall be protected and/or diverted in accordance with statutory procedures and a scheme which shall previously have been submitted to and approved in writing by the Local Planning Authority. Such measures shall remain in place for the duration of the construction and thereafter, any such route shall be returned to its original state or such state as shall be agreed in writing in advance by the Local Planning Authority, and made available for public use once the works which immediately affect then have been completed.
Reason: In the interest of sustainability
Prior to the commencement of any development, a structural landscape scheme shall be provided in accordance with an approved and updated version of the Landscape Strategy (produced in September 2008 based on a superseded masterplan). A detailed scheme for each element shall be submitted to and approved in writing by the Local Planning Authority. The schemes shall be implemented in the first planting season immediately following the completion of the relevant development phase or within any longer period as may be agreed in writing with the Local Planning Authority. The Local Planning Authority shall require a maintenance period of 5 years, during which period, any dead, dying or defective plants must be replaced unless the vigour of woodland planting indicates that thinning is appropriate.
Reason: To enhance the appearance of the proposed development
Prior to the commencement of any development (infrastructure provision), a detailed plan shall be submitted to and approved in writing by the Local Planning Authority indicating the position of existing landscape features including trees, large shrubs and hedges both within the site and overhanging the phase boundary. Trees are to be assessed for their wildlife value and potential for providing bat roosts. The extent of the canopy shall be plotted accurately and the plan shall specify protective measures to existing trees and hedges to be retained on that part of the phase in accordance with British Standard 5837. The plan shall also indicate the proposed route of all underground services and measures to be taken to ensure that root damage is avoided. The approved measures shall be implemented prior to development of the phase area or infrastructure element to which it relates and retained until the completion of the development. Any land so enclosed shall be kept clear of all materials, machinery and temporary buildings at all times.
Reason: To protect existing landscape features and wildlife.
The trees or shrubs, seeded areas and herbaceous plants to be planted as part of the approved landscape scheme or to otherwise satisfy the conditions of this planning permission which are removed, die, become severely damaged or diseased within 15 years of the completion of development shall be replaced with trees, shrubs seeded areas or plants of appropriate size and species in the next planting season unless thinning has become necessary as may be the case with woodland planting. For the purpose of this condition a planting season shall be the period from the end of October to the end of February
Reason: To ensure that failing plants are replaced within the establishment period.
The development of each phase, sub-area or infrastructure element hereby permitted shall not commence until a programme of archaeological work in accordance with a written scheme of investigation (including site-based archaeological survey, trial fieldworks to evaluate the archaeological potential of the sub-area and any work necessary to preserve remains in situ and/or by record), or watching brief, as appropriate, has been submitted to and approved in writing by the Local Planning Authority for that phase, sub-area or infrastructure element. The relevant works shall only take place in accordance with the detailed scheme or brief pursuant to this condition.
Reason: To ensure that potential archaeological remains are recorded.
Where appropriate in order to comply with PPG24, development of each phase hereby permitted shall not commence until a scheme for noise mitigation measures in relation to that phase, in accordance with the Environmental Statement to protect existing occupiers from noise and disturbance arising from the implementation of the development and the future occupiers from the industrial operations within Finedon Industrial Estate has been submitted to and approved in writing by the Local Planning Authority. The approved mitigation measures shall be implemented in full prior to the first occupation of any building in that phase.
Reason: In the interest of residential amenity
Prior to the commencement of development on any phase or infrastructure element, a lighting strategy shall be submitted to and approved in writing by the local planning authority. The details shall thereafter be implemented in accordance with the approved strategy.
Reason: For the avoidance of unnecessary light pollution.
The development hereby permitted shall not be commenced until such time as a scheme to provide detailed suitable modelling of the watercourse through the site (Harrowden Brook) to the limits of the site boundaries (to allow the fluvial flood risk contours from the modelled 1 in 100 year and 1 in 1000 year flood events to be mapped), has been submitted to, and approved in writing by, the local planning authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.
Reason: To inform the location of any proposed development on the site and thus prevent an increase in flood risk.
Prior to the commencement of any development, a Stage 2 Flood Risk Assessment shall be submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.
Reason: To prevent the increase in flood risk.
Notwithstanding the provisions of sections 94, 98 and 106 of the Water Industry Act 1991, no development shall commence until details of a scheme, including phasing, for the provision of mains foul water drainage on and off site has been submitted to and approved in writing by the local planning authority. No dwellings shall be occupied until the works have been carried out in accordance with the approved scheme.
Reason:
To prevent flooding, pollution and detriment to public amenity through provision of suitable water infrastructure.
If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.
Reason: To protect controlled waters.
In accordance with the submitted development phasing plan residential units delivered between 2008-2012 shall achieve a minimum CSH Level 3, residential units delivered 2013-2015 shall achieve a minimum Code Level 4 and from 2016 onwards Code Level 6 shall be achieved, (or the equivalent national standard which replaces the Code for Sustainable Homes which is to be the assessment in force when the residential units concerned are registered for assessment purposes), unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of Sustainability and to ensure that the development provides an energy efficient design and to accord with adopted Policy 14 of the Core Spatial Strategy.
Non-residential buildings shall achieve a minimum of Building Research Establishment Environment Assessment Method (BREEAM) level "very good" (or the equivalent standard which replaces the Building Research Establishment Environmental Assessment Method which is to be the assessment in force when the Commercial Unit or Units concerned are registered for assessment purposes).
Reason: In the interests of Sustainability and to ensure that the development provides an energy efficient design and to accord with adopted Policy 14 of the Core Spatial Strategy.
All reserved matters applications shall be accompanied by a Sustainability Statement / Assessment that demonstrates how environmental sustainability issues have been addressed during the design process and sets out the way in which the credits under relevant BREEAM Rating and relevant Code for Sustainable Homes Level will be achieved based on the actual design of the Commercial Units or Residential Units (as appropriate) in the particular Development Parcel.
Reason: In the interests of Sustainability and to ensure that the development provides an energy efficient design and to accord with adopted Policy 14 of the Core Spatial Strategy.
Prior to the commencement of development a Low/Zero Carbon (LZC) Feasibility Study shall be carried out by an independent energy specialist to establish the most appropriate LZC energy source for the development in order achieve a target of at least 30% of the demand for energy. The feasibility study should cover as a minimum; energy generated by LZC source per year, payback, land use, noise, whole life cost impact of potential specification in terms of carbon emissions, any available grants, all technologies appropriate to the site, energy demand of the development, reasons for excluding other technologies and should include technical and economic viability assessment supporting actual target if less than 30%.
Reason: In the interests of Sustainability and to ensure that the development provides an energy efficient design and to accord with adopted Policy 14 of the Core Spatial Strategy.
In relation to the Class A1 use of the Town & Country Planning (Use Classes) Order 2005 (as amended or any equivalent class within an Order revoking and or re-enacting that Order with or without modification) proposed on site pursuant to this permission, the cumulative / total gross floor area shall not exceed 2600 square metres.
Reason: In order to safeguard the retail vitality and viability of the existing centres.
Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any other Order revoking and or re-enacting this Order with or without modification), any class A2, A3, A4 & A5 building / uses shall not be used for retail purposes falling within Class A1 of the Town & Country Planning (Use Classes) Order without written consent of the Local Planning Authority.
Reason: In order to safeguard the retail vitality and viability of the existing centres.
Notwithstanding the plans submitted, prior to the commencement of any part of the development hereby permitted, all highway and access works necessary as part of the approved application shall be agreed with the Local Planning Authority and the Highway Authority. The off site highway works shall be carried out in accordance with the approved details under a suitable legal agreement with the Highway Authority.
Before any part of the development hereby permitted is commenced, a detailed phasing plan for all highway and access works shall be submitted to and approved by the Local Planning Authority and Highway Authority. All highway and access works shall be undertaken in accordance with the agreed phasing plan.
Before any part of the development hereby permitted is commenced, the applicant shall undertake public consultation with residents of Redhill Grange concerning the alterations to the access arrangements to the estate, in accordance with a scope that shall first be submitted to and agreed in writing with the Local Planning Authority and the Highway Authority. The results of the consultation will be considered by the applicant and where appropriate taken account of in the subsequent detailed reserved matters application submissions.
Provision shall be made to accommodate all site operatives, visitors and construction vehicles loading, off loading, parking and turning within the site during the construction period, in accordance with details to be submitted to and agreed in writing by the Local Planning Authority.
Adequate precaution shall be taken during the construction period to prevent the deposit of mud and other similar debris on the adjacent public highways in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.
A routing agreement for construction traffic associated with the development shall be agreed with the LPA and the Highway Authority prior to development commencing. All vehicles associated with the development shall access the site in accordance with the approved routing agreement.
Notwithstanding the plans submitted, all roads, footpaths, cycleways and verges shall be designed and constructed in accordance with details to be submitted to and approved by both the Local Planning Authority and the Highway Authority. Details shall accord with the standards contained within the Northamptonshire County Council document ‘Place and Movement Guide’.
Reason for 26-32: In the interest of highway safety.
F) whether any planning permission granted should be accompanied by any planning obligations under Section 106 of the 1990 Act and, if so, whether the proposed terms of such obligations are acceptable.
Without prejudice to the outcome of the appeal, the Council requests that a planning obligation is sought from the appellants that, as a minimum, covers the following matters, if the Secretary of State were to allow the appeal.
Phasing of Development and Highway Infrastructure;
Transport and Highway Improvements, Travel Plan, Public Transport, and Footpaths;
Affordable Housing;
Education;
Open Space / Leisure;
Neighbourhood Community Centre;
Sustainability Strategy;
BREAM standards for office and industrial premises;
Flood Mitigation Measures;
Waste Management Arrangements;
Management of Facilities and Construction Practice;
Public Art;
Public Services (Fire and Police); and
Development Monitoring and Financial Arrangements with the Council.
Conclusions
The Council believes that the appeal proposal is in conflict with the development plan.
The recently adopted CSS requires that major housing development at Wellingborough North should follow development at the Wellingborough East SUE. The appeal proposal is conflict with this policy.
In addition the appeal proposal conflicts with the CSS because it is not supported by a commitment to deliver the necessary infrastructure and facilities at Wellingborough North. In particular, implementation of IWIMP is essential to achieve a sustainable SUE at Wellingborough North. Agreed heads of terms for a legal agreement in respect of other matters are also essential to achieve a sustainable SUE.
Having regard to the above, the Council believes that the appeal should be dismissed.


26/07/2017

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