East Staffordshire Local Plan

Hearing Statement 17

Burton upon Trent

Tuesday 19th

May 2015

a. Bargates/Molson Coors, High Street (361/383) including: i) definition of sites(s), ii masterplan requirements, and iii) deliverability.

i) Definition of Sites

ai1. The Local Plan allocates two sites (SHLAA Sites 361 and 383) located

immediately adjacent to each other at the northern end of the High Street in Burton

upon Trent. The combination of Bargates and Molson Coors and their proximity to

each other is the most important redevelopment opportunity that Burton upon Trent

has. The Bargates site was appraised in the Interim Sustainability Appraisal and the

Molson Coors site appraised in the Sustainability Appraisal Report. This unique and

prominent location has the potential to reinvigorate the High Street and provide

opportunities for the enjoyment of the Washlands. For this reason it is important for

the Borough Council to single out these sites within the Local Plan and promote

redevelopment through Strategic Policy SP11. Both sites are complex in terms of the

context within which they sit and because the location is an important gateway, it is

important to ensure that any proposals coming forward get it right.

Local Plan policies map

ai2. The first site is the Molson Coors headquarters comprising a number of

buildings and a dedicated car park for employees. The building located to the north

is modern in design and construction and was originally built as a hotel – but was

never occupied as such. The traditional and impressive brick buildings are original

brewery buildings and Grade 2 listed. They occupy a dominant position on the High

Street and at the edge of Burton’s town centre retail area. There are other structures

within the site including a former water tower. The extent of the Local Plan allocation

is reflected on the policies map and accords with the SHLAA proforma submitted by

ARUP on behalf of Molson Coors in 2013. SHLAA Reference 383 is found in Core

Document C110. The site continues to be occupied by Molson Coors.

Molson Coors SHLAA site 383

ai3. The second site, Bargates, is completely owned by the Borough Council. Its

location is north of the Molson Coors site near the junction of High Street and

Horninglow Road and overlooking the River Trent where it is bridged by the historic

Burton Bridge, a main gateway into the town centre. Bargates was previously the

Riverside Centre shopping area with a bowling alley which was concrete and cutting

edge in design at the time of its construction. The extent of the Local Plan allocation

is reflected on the policies map and accords with the SHLAA proforma 361 which is

found in Core Document C110.

Bargates SHLAA site 361

ai4. The Borough Council also own the land currently used as the Meadowside

Car Park. The redevelopment of Bargates would include the Meadowside car park

and its inclusion formed part of the site area in the Borough Council’s Supplementary

Planning Document (2010), Core Document D.18. It is therefore suggested that the

Bargates allocation is amended as a main modification.

ai5. For clarification it is one allocation comprising two sites that could be

delivered separately. Policy SP4 identifies that 350 dwellings could be delivered

across the allocation. The Borough Council had the larger site in mind when arriving

at this figure, therefore it is not necessary to adjust Policy SP4 to accommodate the

implications of a revised boundary.

ai6. The Borough Council is amenable to considering both sites as two separate

allocations however a single policy would still apply.

ii) Masterplan requirements

aii1. The Bargates site already benefits from feasibility studies, options appraisals

and consultation which was carried out in 2010. Following this a Preferred Option for

the development of the site was identified. A design brief (Doc D.19) and

Supplementary Planning Document (Doc D.18) have been produced for the site

based on the Preferred Option, which shows a mixed use development, led by

housing and including retail, office and leisure elements. The SPD covers an area

larger than the allocation in the emerging Local Plan by incorporating the car park for

the Meadowside leisure centre, see response to i).

aii2. Set out in the Strategic Policy SP11 is the intention to prepare a development

brief which will provide overarching guidelines and principles for bringing forward

development on the two sites. The preparation of the development brief could be a

collaborative approach with Molson Coors. Any development brief would have to be

responsive in ensuring that proposals meet market expectations at any given time.

Key masterplan/development brief parameters are set out in Strategic Policy 11.

aii3. The Borough Council worked with Molson Coors and their consultants on draft

Strategic Policy 11 prior to the publication of the Pre-Submission Plan. It was

important to have a policy which was flexible and not too prescriptive given the

complexity of the two sites and the area as a whole. However the policy also needed

to provide a basic framework within which proposals could come forward – to provide

a steer on the key drivers that would determine the development of the sites such as

design, layout and historic context together with permeability, mix of uses and

parking. Policy SP11 would form the basis of the development brief.

aii4. It was decided that the two sites, given their proximity to one another, should

be accommodated in one policy. Reflecting on the representations made by Molson

Coors and should they have a separate policy for their High Street site, from a

Borough Council perspective having two policies to cover both sites would lead to a

huge amount of repetition. Given their proximity the key drivers will be the same for

both sites. The Borough Council also wish to keep policies in the plan to a minimum

and highlight that most strategic sites do not have a corresponding policy. The High

Street sites are different because of their importance.

aii5. The Borough Council considers that given the importance of the regeneration

of the High Street area, a comprehensive approach to the whole lot e.g. both sites

together would be the best outcome for Burton upon Trent. That said, and

recognising that both sites have different owners and different timescales for delivery

the policy sets out that a phased approach to delivering the entire area is also

achievable.

aii6. Whilst both sites have landowners willing to redevelop, the Molson Coors site

is occupied and its disposal forms part of a longer term strategy whereas the

Bargates site is available for development now. It was felt that a development brief

approach could coordinate regeneration by providing a framework within which

development could come forward. The Borough Council does not want to see such

an important gateway to be unplanned, piecemeal and uncoordinated.

aii7. The first bullet point of the draft policy states that proposals for the

development of the area will generally be supported provided they `represent a

comprehensive approach for the whole area or demonstrate a phased approach

which would not undermine the delivery of the whole site’.

aii8. The Borough Council’s previous development brief and Supplementary

Planning Document provide a good starting point for the preparation of a new

development brief. However a new brief will need to extend its scope to include the

Molson Coors site. In terms of constraints, context and character the basis of the

brief will be the same. A development brief will therefore coordinate development for

the two sites but at a high level rather than in a prescriptive way, underpinned by

SP11 and supported by the work already undertaken.

iii) Deliverability

aiii1. To demonstrate deliverability this section sets out some of the background to

the redevelopment of High Street and provides a timeline of key milestones. There

has been a good working relationship with Molson Coors over the years with

productive discussions at a high level between East Staffordshire Borough Council

and Molson Coors occurring regularly.

aiii2. In 2011 Molson Coors announced a multi year re-development of its brewery

infrastructure at a cost of £75million. The purpose of the redevelopment has been to

introduce more efficient and effective ways of operating the business. The

redevelopment of Molson Coors’s brewery infrastructure, which amounts to

approximately 100 hectares within the heart of Burton upon Trent and a number of

other sites located in Burton’s employment areas, was recognised as having the

potential to release surplus brewery land.

aiii3. The Borough Council were first approached in January 2013 by Molson Coors

and their consultants ARUP. These early discussions dealt with the redevelopment

of the brewery and in particular the rationalisation of the brewery onto a single site.

The Borough Council has been involved in determining a number of applications to

assist with redevelopment proposals on brewery land including an energy centre and

a yeast handling and beer filtration facility including storage vessels. The new

buildings and technology will help Molson Coors to achieve its target of reducing

energy use by 25 per cent and cut 20 per cent of its greenhouse gas use by 2020.

aiii4. The company’s long term business restructuring plan includes the closure of

the High Street site with the redistribution of employees and activities to their Station

Street site. The Station Street site is sustainably located on the edge of the town

centre and within a five minute walk to Burton upon Trent railway station. The

Borough Council’s planning officers have had a tour of the Station Street site to look

at and discuss a number of future changes to the site which would create capacity

for office development and car parking, including the demolition of substantial current

underutilised buildings. Such rationalisation equates to making more effective the

use of land in Molson Coors ownership.

aiii5. ARUP submitted to the Borough Council on behalf of Molson Coors a SHLAA

representation which was published as an update in September 2013 at the same

time that the Pre-Submission plan was published for consultation. The Borough

Council however assessed the site as part of the Sustainability Appraisal that

supported the Pre-Submission plan in the knowledge that Molson Coors were

actively seeking to dispose of the site at some point during the plan period.

aiii6. The Borough Council’s aspirations to redevelop the Bargates site began in

2005. The last remaining businesses moved out of the Riverside Centre in 2008. In

part Tesco ownership, the company were interested in delivering a Tesco Extra store

on Bargates and the adjacent Council owned Meadowside car park. However an

application in 2009 was rejected by the Borough Council as the scheme did not

imaginatively fit in with the context of the historic location.

aiii7. This led the Borough Council to prepare and consult upon a Bargates

Development Brief in 2009 (Doc. D19) followed by a Bargates SPD in 2010

(Doc.D18). These documents set out clearly the type of development which could

come forward at this site and how a masterplan could be developed. In 2010 the sale

of the land to the Borough Council for £4million was agreed between Tesco and the

Borough Council and in 2012 ownership transferred to the Borough Council. Tesco

had an application for an alternative large Tesco store approved on Hawkins Lane in

2011.

aiii8. Following the acquisition of the Tesco owned portion of the site, the Borough

Council demolished the redundant shopping centre and bowling alley in preparation

for future development. Following demolition the site has been capped with grass as

a temporary measure.

aiii9. In the vicinity of the two sites is the High Street which has a variety of

commercial uses including shops and restaurants and small business premises.

Horninglow Street and Bridge Street have a number of historic properties and uses

including the Burton Bridge Brewery/public house, offices and the Three Queens

hotel.

iii10. In 2014 enhancement works to the High Street were undertaken by the

Borough Council. At a cost of over £680,000 the Borough Council has group

repaired commercial and residential properties on the High Street. The objective of

which has been the:

Delivery of high quality aesthetic improvement to the external façade of the

buildings within the scheme, creating an attractive gateway into the town

centre.

Delivery of a programme of highway improvements and improvements to the

street scene along the scheme area.

aiii11. The scheme includes a total of 34 properties from 72-102 High Street. It is

anticipated that improvements to the High Street will increase the desirability of the

area to potential investors. Marketing of the site has been underway for a couple

years and there has recently been some interest in bringing the site forward.

aiii12. In addition to the investment in the regeneration of High Street properties, a

portion of the £1.5m Local Growth Funding which has been secured by ESBC for

2015/16 is allocated to the Bargates site. The funding will be used to carry out

infrastructure works including the construction of roads and provision of services.

aiii13. The Borough Council intends to prepare and submit an outline planning

application for access and highways improvements to the Bargates site in the

Summer/Autumn 2015.

aiii14. The Borough Council would therefore conclude that they are doing everything

that they can to bring forward Bargates. Whilst it has been derelict for some time

ownership only passed to the Council in recent years which has allowed for the

demolition of the outdated concrete structures. Investing in the High Street will

benefit both the Bargates and the Molson Coors High Street site and Local Growth

Funding will assist in making the site more marketable. Molson Coors have been

instrumental in promoting their site through the SHLAA process and assisting with

the development of Strategic Policy 11 which seeks to deliver both sites. Coors

continue to deliver against their long term restructure plan and the Borough Council

have been given every indication that the High Street site will be surplus to

requirement.

aiii15. It is therefore considered appropriate that both sites are allocated for a mix of

uses including housing which can contribute to the regeneration of Burton upon

Trent and contribute to meeting the Borough’s housing need. The two sites are

considered together in Strategic Policy SP11 with an overall quantum of 350 units to

be delivered across both sites. It is the Borough Council’s view that this creates

flexibility across the two sites for delivering that quantum of housing either as one or

two proposals. If it is necessary to split the two sites into two separate allocations

this flexibility will be lost and a specific quantum for each site to deliver will be

identified.

b. Molson Coors Middle Yard, Hawkins lane (29/378)

b1. Middle Yard (SHLAA site 378) is located on the corner of Horninglow Street

and Hawkins Lane. The site was appraised in the Sustainability Appraisal Report.

The site is opposite the main Coors brewery site and linked by a bridge that is only

available to Coors brewery vehicles. The site has been described by Molson Coors

consultants to Borough Council officers as the commercial equivalent of a `loft’. It’s a

place where the brewery store things and the use of land is not particularly efficient.

SHLAA Site 378

Local Plan Policies Map

b2. Key stakeholder meetings were undertaken with English Heritage in February

2013 with further meetings on March 28th and May 23rd with Staffordshire County

Council highways.

b3. In February 2014 Molson Coors and consultants Knight Frank met with the

Borough Council to discuss the removal of the bridge which links the site to the main

Horninglow/Union Street brewery site. The bridge is an important element of

infrastructure for the brewery. However a structural survey had demonstrated that

approximately £600,000 is required to maintain the bridge and extend its life into the

future. Without maintenance it was likely that the bridge’s useful life was limited to

only a couple of years.

b4. An alternative approach to bridge maintenance was bridge demolition which

would render the site at Hawkins Lane less useful. Discussions focussed on the

potential to re-develop the site for residential use, move operations to the main

Molson Coors site which would require new accesses for large articulated vehicles to

enter and leave the site via Horninglow and Union Street. Early discussions on site

viability clarified the likely normal and abnormal costs associated with bringing

forward redevelopment on this site. The Borough Council were in a position to offer

advice on the application type and validation requirements depending on scope and

scale of proposals.

b5. These discussions led ARUP to submit on behalf of Molson Coors the Middle

Yard site for inclusion in the 2013 SHLAA. The Borough Council assessed this site

and published it in September 2013. Due to its size the site was also assessed in the

Borough Council’s Sustainability Appraisal which accompanied and supported the

Pre-Submission Local Plan. The site was allocated for housing in the Pre-

Submission plan.

b6. At a meeting in April 2014 a concept masterplan was presented with an

indicative timetable discussed for the submission for residential and access planning

applications. At a meeting on the 29th May there was further discussion on the

masterplan, and further design comments forwarded by the Borough Council via

email on the 5th June 2014. At a meeting on the 26th June there was further

discussion on the evolving masterplan and requirements of the planning application,

including S106 obligations. The issues requiring special attention include the

following:

Recognition of adjacent employment uses and a requirement to provide a

green buffer to the north

Recognition of existing residential properties to the west and adjacent to the

site on Hawkins Lane;

Requirement to respond to Listed Buildings located to the East and South of

the site;

Provision of a utilities easement (sewer) to the north of the site;

Permeability of the site to pedestrians and cyclists; and

Provision of green linkages.

b7. Following a number of meetings to discuss the masterplan the issues listed

above were addressed appropriately and to the satisfaction of Borough Council

officers.

b8. On the 17th September a strategy was agreed regarding public consultation.

It was also suggested that an informal presentation to the Borough Council’s

Planning Applications Committee was undertaken to receive early feedback and

prior to the submission of an application and was provisionally timetabled for October

2013. Further discussions were held on the emerging layout and wider application

requirements.

b9. An email dated 6th October from Knight Frank set out the following: ‘We are

currently investigating the cost of demolishing the bridge and this will determine

whether the application is pursued at this present time, until these costs have been

finalised Molson Coors are reluctant to present to Planning Committee’.

b10. Molson Coors informed the Borough Council that they were looking again at

the operation of their sites to be sure that the right planning strategy was being

advanced

b11. Throughout joint discussions the deliverability of the site has been a key driver

in the negotiations between the Council and the applicant. Knight Frank has always

maintained that the site could not deliver s.106 requirements due to the abnormal

cost of the bridge demolition. The Council is happy to accept this providing evidence

is presented to support this claim. It is acknowledged that the site is brownfield and

there may be some remediation associated with it. One contribution issue is the size

of the potential education contribution likely to be required which Knight Frank insists

cannot be afforded. Until viability evidence is presented demonstrating this statement

the Borough Council would expect this contribution to be met by the development.

Affordable housing is also likely to be zero but again needs to be substantiated.

b12. Many of the discussions to date have focused on the design and layout of the

site, along with the potential impacts of the scheme on adjoining heritage assets. All

of these issues have been satisfactorily resolved between the Council and the

applicant, and we are confident that the site can be delivered and any constraints

adequately mitigated.

b13. The final and only area that requires resolution relates to the section 106

agreement, and the Council will continue negotiations with the developer to ensure

that a viable scheme can be bought forward taking into account the constraints and

viability of the site.

b14. The Borough Council has been expecting a hybrid application comprising full

for access and demolition of the bridge and outline for the residential component,

since the autumn 2014. The Borough Council has been confident that this site will

come forward and deliverability confidence has contributed to the decision to allocate

the site based upon discussions held and advice received from the landowner. The

Local Plan seeks to allocate 300 dwellings and the pre-application discussions with

Knight Frank seek to deliver approximately 270 dwellings based upon the indicative

layout.

c. Derby Road (88/343/359/360/381) including: i extent of site and development content. ii viability, iii deliverability.

i) Extent of site and development content

ci1. Derby Road is a major route and key gateway into Burton upon Trent. It

extends from the A38 at Clay Mills junction, towards the centre of Burton upon Trent

where Derby Road becomes Derby Street and continues to the western side of the

Town’s urban area up to Borough Road. A masterplan for the Derby Road Corridor

Doc. D17 sees future commercial and industrial development occurring towards the

northern end of Derby Road, close to the Claymills junction of the A38, and a

preference for residential developments further south of the site, as Derby Road

approaches the centre of Burton. The location consists of a variety of SHLAA sites

(88, 343, 359, 360 and 381). The allocation as a whole was subject to the

Sustainability Appraisal in the Sustainability Appraisal Report.

ci2. The Local Plan Derby Road site focuses on the stretch of road located

between the roundabout at the Pirelli stadium and the roundabout at Derby Turns.

This southern part of the corridor is characterised by a mix of residential properties, a

range of employment and retail uses and vacant land.

ci3. The proposed allocation denoted on the policies map outlines an indicative

area of redevelopment along the corridor. The allocation encompasses numerous

parcels of land, which are in various private ownerships.

Extract from Submitted Policies Map (Inset Map 1)

ci4. The proposed allocation is literally a blob to encompass both sides of the

corridor. Looking again at the site, north of the road is residential along the entire

length with no further prospect of redevelopment. The areas of opportunity are

located to the south of the road between the road and the railway line. A Main

modification is proposed to the allocation boundary to make it clear the exact extent

of the allocation. The revised boundary more accurately reflects the opportunities in

the corridor south of the road.

Main Modification proposed

ii) Viability

cii1. Evidence to support viability is set out in the Doc. C14, Local Plan and

Community Infrastructure Levy Viability Study 2014.

cii2. Urban brownfield sites with full policy requirements are not always viable

when the residual value is compared to the viability threshold. This is confirmed by

the experience of planning officers where development coming forward on brownfield

sites doesn’t achieve the full affordable housing quantums or as is the case with

Pirelli there are no s.106 obligations at all. As policy requirements decrease, viability

is seen to increase to the point where sites are considered to be viable and able to

be developed.

cii3. Viability is therefore not an issue which can’t be mitigated through s.106

loading. It is also the case that the viability assessment undertaken by the Council to

support the Local Plan is undertaken at a point in time. When the housing market

improves brownfield sites with a full s.106 loading will be viable. Given that the Derby

Road allocation is a long term aspiration of the Borough Council’s it is more likely

that there will be market uplift when these sites come forward.

iii) Deliverability

ciii1. To demonstrate deliverability this section sets out some of the background to

the redevelopment of the Derby Road corridor and provides a timeline of key

milestones.

ciii2. A masterplan was produced in 2010, to guide the future development of the

area. The site currently has a mixture of residential, retail, warehouse and industrial

uses, interspersed arbitrarily across the extent of the area. The masterplan captured

a Council aspiration that has been ongoing for some time.

ciii3. The majority of people heading to Burton upon Trent who leave the A38 at the

Claymills junction will travel down Derby Road. The road has developed

haphazardly over a number of years, with a mixture of residential, employment, retail

and industrial uses interspersed along its entire length. Little care or attention has

been given to the impact development has had on the overall appearance of Derby

Road, or the image it presents to visitors to, or investors in Burton. The Council

recognised that something needed to be done to address the issues facing Derby

Road. In 2012, East Staffordshire Borough Council committed Growth Point funding

to deliver the first phase of landscaping works along the first 1 kilometre of the Road,

The project has delivered the desired outcome, which was an enhanced physical

appearance of this key route in to Burton on Trent. It now provides a positive first

impression of Burton and by funding and delivering the works, the Council has

shown its commitment to regeneration and development, which will give private

investors and businesses the confidence to invest in the area in the future. The

Council continue to be committed to regenerating the remaining Derby Road

corridor.

ciii4. The Local Plan proposed allocation of the Pirelli site also seeks to bring

forward change within the corridor. The operational factory for Pirelli Tyre UK Limited

extends for circa 15 hectares. The outline application was determined in November

2013 and the reserved matters application determined in February 2015. The

proposed development comprises the following:

Residential: up to 300 residential properties composed of apartments and

two to five bedroomed houses;

Commercial: mixed use employment including offices, B1/B2/B8 (light –

general industrial/storage and distribution) industrial units, a hotel, public

house and restaurant; and

Pirelli: creation of new circulation road and parking areas.

ciii5. The residential component is located towards the rear of the site and fronting

the canal with the commercial component located at the front of the site and fronting

Derby Road. The opportunity to redevelop this site follows investment by Pirelli to

create more modern and efficient facilities leading to land surplus to requirement.

The Head Office of Pirelli Tyres Ltd will continue to operate from the existing office

block and the MIRS factory (Modular Integrated Robotic System) both of which

remain unaffected by the works, although the site will now benefit from a new car

park and vehicular access as part of the proposal.

ciii6. A demolition team has removed the disused buildings on Princess Way land

adjacent to the Canal and the unused high bay warehouse on Derby Road. This

demolition work was completed towards the end of 2014. It is anticipated that the

proposal will regenerate the area both economically and aesthetically. Strategic

policy SP4 allocates the residential portion of the proposals.

ciii7. The Derby Road corridor improvements undertaken to date extend from the

A38 to the Pirelli roundabout. The proposed allocation identified in Strategic Policy

SP4 seeks to focus future improvement work on the stretch of Derby Road that

extends towards the town. This area has always been a transitional area between

residential areas towards the town and more commercial areas towards A38.

ciii8. As much of the land which forms the Derby Road allocation is in multiple

private ownership, East Staffordshire Borough Council’s involvement historically has

been to identify and engage with landowners, to facilitate development of these sites.

Meetings have been ongoing with key landowners to determine development

potential and to understand constraints and timescales for proposals.

ciii9. In some instances the development of the Derby Road site is being

undertaken without assistance or facilitation. In other instances the Borough Council

has engaged with land owners to identify intentions for development, facilitated

negotiations to support the formulation of land parcels, and offer advice and support

on relocation options.

ciii10. For example in 2011/12 the council began preliminary investigations into the

possible use of Compulsory Purchase Order (CPO) powers to bring forward land

upon which a derelict building was sited, into council ownership. It was not

necessary to progress with the CPO as the predominant land owner engaged with

the Council, and subsequently carried out the demolition of redundant buildings on

the site. In this instance, the Council facilitated discussions between land owners,

and the predominant landowner continues to consider options for development of the

site. ESBC continues to monitor progress and will intervene to offer support to bring

the sites forward as required.

ciii11. The proposed allocation is a long term strategy for the Borough Council which

accords with the Local Plan end date of 2031. It is recognised that the proposed

allocation responds to opportunities that are brownfield which are more difficult to

bring forwards. The area would require preparatory regenerative work before any

new development goes ahead such as remediation and decontamination. Much of

the area is also occupied by active businesses. The Borough Council will continue to

engage with landowners to facilitate development and as economic conditions

improve sites within the Derby Road site will come forward. It is recognised that it will

take time but the site can be delivered towards the end of the plan period. The

housing trajectory does not anticipate that this site will come forwards quickly.

d. Branston Locks - if not approved as resolved

d1. Branston Locks (SHLAA site 44a) has been in the SHLAA since 2009. The

site was appraised in the Interim Sustainability Appraisal in 2012.

SHLAA site 44a

Local Plan policies map - Inset 1

d2. Since the initial submission of the site into the SHLAA there have been a

significant number of meetings, relating to the wider principles of the development

and the master-planning of the site. An application for outline planning permission

with all matters reserved for a mixed use development comprising the erection of up

to 2500 dwellings (Class C3), up to 92,900sqm (1,000,000 sq ft) of employment

floor-space, a local centre and primary school was submitted on the 29th November

2012.

d3. The application was considered by the Council from this date and regular

meetings were held to discuss application progress, to resolve any outstanding

matters and to provide feedback on the statutory consultation with stakeholders.

d4. The application was reported to the Borough Council’s Planning Applications

Committee initially on the 21st October 2013 with a recommendation to permit. This

report advised members of issues surrounding the scheme, and advised that there

are no objections to the proposal from statutory consultees. At the meeting on the

21st October members considered the site at length and requested that the

application be deferred to enable additional consideration / clarification be supplied

in relation to the following areas Education, Highways, Landscape, Affordable

Housing, Land Supply Figures and Flooding.

d5. The additional information / clarification was supplied to members by way of

an update report at the meeting on the 25th November 2014. Following the further

report members resolved to permit the proposal subject to conditions, and the

completion of an associated s.106 agreement.

d6. During the interim period between the two meetings an addendum under

regulation 22 of the Environmental Impact Assessment Regulations was received,

and formal re-consultation with all consultees and neighbours in relation to the

scheme was undertaken. This again resulted in no objections being received from

statutory consultees, however a number of objections from neighbours were

received and in light of this it was considered prudent to return the application to

Planning Applications Committee, and this was undertaken on the 20th January

2014. Members again agreed to permit the application, and also delegated

responsibility to officers to negotiate and agree the detailed wording of both the

conditions and the legal agreement with the applicants.

d7. Further to this final resolution the Local Planning Authority were required to

refer the application to the Secretary of State, this was sent on the 28th January

2014, and also delivered by hand on the 11th February 2014. A response to this

referral was received on the 5th March from DCLG confirming that the Secretary of

State has decided not to call the application in.

d8. Following this, negotiations have been ongoing with the applicant to complete

the s.106 agreement, and also the decision notice. Final discussions on the decision

notice were concluded on the 16th October 2014 in correspondence between the

case officer and the agent for the application. With regards to the Section 106

agreement the outstanding issues relate to education, highways and affordable

housing. Discussions are ongoing with Staffordshire County Council and the

Councils Housing Strategy Manager, and it is hoped that these matters can be

resolved in the short term.

d9. The developers have also secured central government funding for

infrastructure through the Large Sites Infrastructure Programme.

d10. The Borough Council do not have any concerns about the deliverability of this

site. It is also known that the developer is keen to bring forward Reserved Matters

applications as soon as possible with a view to delivering housing on site in the next

couple of years.

e. Tutbury Road, Harehedge Lane (40/41/376) – if not approved

The site is covered by two SHLAA sites (site 40a and site 41a). The two sites were reappraised in 2014 to reflect planning permission following appeal on part of the site.

SHLAA site 40a

SHLAA site 41a1

1 The area hatched in blue has permission following appeal with construction now underway.

Local Plan policies map

d11. In the Preferred Option Local Plan and supported by a Sustainability Appraisal

land at Glenville Farm was allocated for 300 houses. The site was felt to be a logical

extension to Burton upon Trent. The land is greenfield with pastoral farming, it rises

gently and is bounded on three sides by development. Ownership of the land is

Staffordshire County Council who has already consented themselves a catholic

primary school on part of the site. The school officially opened for the new school

year in September 2014.

d12. Following consultation on the Preferred Option plan the Borough Council

made the decision to re-calculate its objectively assessed need in relation to housing

which resulted in a much higher housing figure. In arriving at a new figure it was

clear that more sites would be needed. The decision was taken by a group of senior

members and senior officers to increase the number of sites in the Pre Submission

Local Plan and also to look at ways to increase those sites already consulted upon to

see if further capacity existed.

d13. In 2013 officers from the Planning Services team met with the landowner and

agent at Glenville Farm to walk the site. The purpose of this was to identify further

capacity. It was clear that the site could be increased using the existing built

development and topography as key context markers. Of particular importance was

to ensure that any proposed extension to the Glenville Farm site did not visually

encroach on the village of Rolleston on Dove. The decision taken by officers was to

extend Glenville Farm, thus allowing the capacity of the site to increase from 300 to

500 houses. This decision was agreed at the time by senior members and senior

officers.

d14. What became apparent following consultation was that the extended area of

Glenville Farm crossed the parish boundary into Rolleston on Dove parish.

d15. Rolleston on Dove is one of 15 parishes preparing neighbourhood plans

within the Borough. They received frontrunner status in 2011 and were the first

parish to reach examination in October 2013.

d16. Outline application with all matters reserved except access, for a mixed use

development including up to 500 dwellings (use class C3); local centre providing up

to 500 sq metres of floor space (use class A1), or public house (use class A3)

together with associated car parking and servicing, specialist care housing (use

Class C2); public open space; structural landscaping and provision of drainage; and

internal highway network to include the provision of access junctions to the A511

Tutbury Road and Rolleston Road with public realm works to Tutbury Road to

replace the existing traffic lights with a roundabout and realignment of Harehedge

Lane and formation of two mini-roundabouts together with the construction of an off-

street car park was submitted to the Local Planning Authority.

d17. The application was considered by the Planning Applications Committee of

the Borough Council on the 8th September 2014.

d18. Whilst detailed design and layout is reserved for later approval, the Design

and Access Statement which accompanies the application sets out an appropriate

approach to the development of the site in urban design terms, and gives sufficient

assurance that a high quality environment appropriate to its context can be secured

in accordance with the provisions of the East Staffordshire Design Guide. The site is

sufficiently spacious to allow development without unacceptably affecting the

amenities enjoyed by the occupiers of existing dwellings.

d19. The highway impact of the scheme has been assessed by the Highways

Agency and Staffordshire County Council (Highways) and subject to recommended

mitigation measures it is concluded that traffic generated by the proposal can be

accommodated by the existing highway network. The proposed improvements to the

surrounding highway network would further reduce the impact of the proposal on the

town’s highway network.

d20. The flooding, drainage, contamination and mineral issues raised by the

proposal can all be resolved by the imposition of suitably worded conditions. Subject

to the mitigation measures suggested by the ecological appraisal, it is not considered

that the proposals will unacceptably harm protected species or their habitat. Any

minor impacts upon ecology are considered to be outweighed by the social and

economic benefits that developing the site for residential and commercial purposes

would deliver.

d21. The impacts of the proposal on existing social infrastructure including

education and recreational facilities can be mitigated with a contribution towards

education and the provision of or contribution towards sports pitches. A significant

amount of open space is also proposed on site. These can all be secured via

Section 106 obligations.

d22. Whilst there will be clearly be some negative impacts from the scheme

especially in relation to the loss of countryside, the scheme will also provide

substantial benefits. These include the provision of market and affordable housing,

significant public open space and green infrastructure, and employment

opportunities. These factors weighed heavily in support of the application, and on

balance the benefits of the scheme outweighed any specific concerns that are raised

in relation to the proposal.

d23. It was the officer view that overall, the scheme, when considered against the

three pillars of sustainable development, as identified within the NPPF, will have a

positive economic impact, mitigate any social impact and due to the quality of the

landform and new development have minimal environmental impact and therefore

there was a presumption in favour of granting permission. Following debate at

Planning Committee members resolved to refuse the application on the following

grounds: -

In short, the first reason for refusal alleges that the proposal is premature

because of the “impending public inquiry into” the Local Plan and also

because of “the fact that the Secretary of State is still currently considering the

Rolleston on Dove Neighbourhood Plan.” Reference is made to paragraphs

17, 183-185 and 216 and sections 1, 6 and 7 of the NPPF.

The second reason for refusal relates to landscape and visual issues. It refers

to saved policy BE1 of the East Staffordshire Local Plan, paragraph 109 of the

NPPF and alleges that the proposal will have a detrimental effect upon the

open aspect of the landscape between the site and Rolleston on Dove. A

breach of policy BE1 and of paragraph 17 and section 11 of the NPPF are

relied upon.

d24. Members refused the application contrary to officer advice. Legal advice was

subsequently sought by the Borough Council to determine if the reasons for refusal

could withstand an appeal.

d25. It was agreed that officers could open up a dialogue with the applicant to seek

to address Member concerns with a view to a re submission. This was validated on

12th March 2015 and the application is identical but with a few tweaks to address

Member concerns. The application will follow the usual processes and be

determined by Committee in April or May.

d26. In conclusion the Borough Council has worked with the land owner

Staffordshire County Council to bring forward the Harehedge Lane site. The

determined application met the emerging Local Plan requirements for 500 houses in

accordance with Strategic Policy SP4 and additional requirements set out in

Strategic Policy 7. The Borough Council therefore do not have any concerns in

relation to the deliverability of this site or outstanding matters that cannot be

overcome during the processing of the current application. The timetable for

determination is likely to be the May Planning Committee or June at the latest.