Planning Services

COMMITTEE REPORT

APPLICATION DETAILS

APPLICATION NO: CMA/4/63

FULL APPLICATION DESCRIPTION: Outline application, including access details, for retail food store, incorporating car park, landscaping and new vehicular access.

NAME OF APPLICANT: Ogden Group of Companies

ADDRESS: Land adjoining Bowburn South Industrial Estate, Durham Road, Bowburn

ELECTORAL DIVISION: Durham South

CASE OFFICER: Peter Herbert, Senior Planner , peter.herbert@durham.gov.uk 03000 261391

DESCRIPTION OF THE SITE AND PROPOSALS

Site 1. The application site lies close to the southern end of Bowburn South Industrial Estate,

which in turn is positioned within the south western part of Bowburn village. 2. The site is bordered to the east by the north – south running A177, and by industrial

estate roads to the south and west. To the north lies open land with tree coverage. 3. The application site is currently open scrub land, with a significant tree line along the

eastern boundary, and further isolated trees growing along the southern and western boundaries. Woodland stands to the north. There are signs of informal footpath use crossing the site.

Proposal 4. It is proposed that a food store of 4184 sq m gross floor space be located on this site,

and whilst the applicants wish only to establish the acceptability in principle of such development, an illustrative site plan accompanies their submission showing the store to be located at the southern end of the site, with car parking to the north.

5. The main vehicular access would be taken from the A177 via a traffic light controlled

junction at the north east corner of the site, forming a crossroads with Bede Terrace to the east. This would serve a 313 space car park. A service yard within the south western corner of the site would be accessed from the estate road to the west. A recycling centre in the north western corner of the site would be accessed separately, again from the estate road to the west.

6. It has been indicated that existing trees will be retained where possible, and reinforced

and enhanced as part of any subsequent detailed (or reserved matters) planning application.

7. This submission is supported by a Planning and Retail Statement (incorporating

Design and Access), Transportation Assessment, Extended Phase 1 Habitat Survey, Phase 1 Geoenvironmental and Geotechnical Report, Arboricultural Implication Assessment, and a Flood Risk and Drainage Statement.

8. The application follows four previous outline planning consents for retail activity on this

site, the most recent of which was for a 2650 sq m gross floor space store, of which not more than 1350 sq m net would be used for convenience goods sales. This represented 1850 sq m net floor space split into 1350 sq m net convenience and 500 sq m net comparison sales floor space (totalling 70 % of the gross floor area).

9. The latest proposal is for a 4184 sq m gross floor space store, which equates to 2453

sq m net (60% of the gross floor area). This would be split into 1821 sq m net convenience goods floor space and 632 sq m comparison goods floor space. This represents a 471 sq m net convenience goods sales area increase over that of the extant planning permission, and a 132 sq m net increase in comparative goods sales area, resulting in a total of 603 sq m net sales over that which already has outline approval.

10. The application site is a little larger than that relating to the previous planning

permissions, extending to the north to accommodate additional car parking. 11. The application is being reported to this committee as a result of its scale and strategic

significance within the County’s retail hierarchy.

PLANNING HISTORY

12. In 2008 outline planning permission (with all matters reserved other than vehicular

access) was granted for 2450 sq m gross retail floor space on this site. 13. In 2009 a variation of condition 12 of the 2008 consent allowed no more than 1500 sq

m gross (1000 sq m net floor space) for the sale of convenience goods. 14. A further variation of condition 12 of the 2008 consent was allowed in 2011 for no

more than 1350 sq m net floor space for the sale of convenience goods. 15. Later in 2011 the 2008 outline planning permission was extended for a further three

years.

PLANNING POLICY

NATIONAL POLICY 16. The Government has consolidated all planning policy statements, guidance notes and

many circulars into a single policy statement, the National Planning Policy Framework (NPPF), although the majority of supporting Annexes to the planning policy statements are retained. The overriding message is that new development that is sustainable should go ahead without delay. It defines the role of planning in achieving sustainable development under three topic headings – economic, social and environmental, each mutually dependant.

17. The presumption in favour of sustainable development set out in the NPPF requires

local planning authorities to approach development management decisions positively,

utilising twelve ‘core planning principles’. The following elements are considered relevant to this proposal;

18. NPPF Part 1 – Building a Strong, Competitive Economy states a commitment to

securing economic growth to create jobs and prosperity. Significant weight is therefore attached to supporting such growth through the planning system. When assessing applications for retail development a sequential approach should be applied, putting town centre sites first. For schemes in excess of 2500 sq m a retail impact assessment should be undertaken, gauging impact upon existing, committed and planned public and private investment in shopping centres within the proposal’s catchment area, and any impact upon the vitality and viability of such shopping areas through trade diversion.

19. NPPF Part 7 – Requiring Good Design. The Government attaches great importance to

the design of the built environment, with good design a key aspect of sustainable development, indivisible from good planning.

20. NPPF Part 4 – Promoting Sustainable Transport seeks to offer people travel choice

that helps reduce both greenhouse gas emissions and traffic congestion. 21. NPPF Part 8 – Promoting Healthy Communities recognises the part the planning

system can play in facilitating social interaction and creating healthy and inclusive communities. This includes accessible developments and active street frontages, and the development and modernisation of shops, facilities and services.

22. NPPF Part 11 – Conserving and Enhancing the Natural Environment requires the

planning system to contribute to and enhance the natural and local environment, including minimising the impact of new development upon biodiversity,

REGIONAL PLANNING POLICY 23. The North East of England Plan – Regional Spatial Strategy to 2021 (RSS) July 2008

sets out the broad spatial development strategy for the North East region for the period SS sets out the region’s housing provision and priorities in economic development, retail growth, transport investment, the environment, minerals and waste treatment and disposal. Some policies have an end date of 2021 but the overall vision, strategy and general policies will guide development over a longer timescale.

24. In July 2010 the Local Government Secretary signalled his intention to revoke

Regional spatial Strategies with immediate effect, and that this was to be treated as a material consideration in subsequent planning decisions. This was successfully challenged in the High Court in November 2010, so for the moment reinstating the RSS. However, it remains the Government’s intention to abolish Regional Spatial Strategies following the Local Government Bill becoming law, and weight can now be attached to this intension. Whilst the RSS remains, the following policies are considered relevant:

25. Policy 4 (The Sequential Approach to Development) requires a sequential approach to

be taken to the identification of land for development, with priority being given to previously developed land and buildings in the most sustainable location.

26. Policy 7 (Connectivity and Accessibility) promotes the reduction of travel demand

impact, particularly through the use of public transport, travel plans, cycling and walking. The reduction of long distance travel, particularly by private car, is also

focussed upon, by encouraging development in urban areas with good public transport links.

27. Policy 8 (Protecting and Enhancing the Environment) seeks to promote measures

such as high quality design to render all development sympathetic to its surroundings. 28. Policy 24 (Delivering Sustainable Communities) refers to a need to concentrate the

majority of the Region’s new development within defined urban areas, and the need to utilise previously developed land wherever possible.

29. Policy 25 (Urban and Rural Centres) identifies key locations or the development of

new leisure and retail facilities in the Region. New development should be consistent with the scale of the centre to ensure enhanced vitality and viability.

30. Policy 54 (Parking and Travel Plans) promotes the minimisation of parking provision

and travel plans for non – residential developments in order to encourage sustainable modes of transport.

LOCAL PLAN POLICY: (City of Durham Local Plan 2004) 31. Policy EMP 8 b (General Industrial Estates) and S6 (Village Shops) both apply to the

application site, which is deemed to be suitable for either land use. 32. Policy E 14 (Protection of Existing trees) requires existing tree and hedgerow

protection during new development construction. 33. Policy E16 (Protection and Promotion of Nature Conservation) has as its objective the

promotion of Nature Conservation. 34. Policy E24 (Ancient Monuments and Archaeological Remains) seeks to protect

archaeological remains and their setting. 35. Policy S1A (Retail Hierarchy) is designed to protect vitality and viability of the local

retail hierarchy by employing a sequential approached based upon the “town centre first” principle.

36. Policy Q7 (Layout and Design – Industrial and Business Development) requires high

quality layout and design in respect of new commercial development. 37. Policy T1 (Traffic Generation – General) opposes development that is likely to lead to

a level of traffic generation either prejudicial to highway safety or unacceptable congestion.

38. Policy T8 (Traffic Management) requires traffic management measures where

appropriate to improve highway safety, residential amenity and ease congestion. 39. Policy T10 (Parking – General Provision) encourages appropriate levels of off street

parking to be associated with new development. 40. Policy T20 (Cycling – Provision of Cycle Parking) seeks a cycle parking provision

where appropriate. 41. Policy U8A (Disposal of Foul and Surface Water) has the objective of ensuring new

areas of hard surfacing associated with new development does not result in localised flooding.

42. Policy U11 (Development on Contaminated Land) requires sites where there is a possibility of contamination to fully investigated and remediated where necessary.

The above represents a summary of those policies considered most relevant in the Development Plan the full text, criteria, and justifications of each may be accessed at http://www.cartoplus.co.uk/durham/text/00cont.htm.

CONSULTATION AND PUBLICITY RESPONSES

STATUTORY RESPONSES: 43. The Highways Agency has assessed this proposal relative to any impacts upon

Junction 61 of the A1 (M), into which the A177 runs to the south east of Bowburn, and for which the Agency has responsibility as part of the national truck road system. On the basis there is no A2 (office) use forming any part of the proposal (as was cited in error on the original application forms, but has now been deleted) no objection is raised.

44. The County Highway Authority, having carefully considered the proposed and revised

vehicular access arrangements from the A177, predicted traffic generation associated with the additional store floor space proposed, traffic light phasing relative to the existing estate entrance traffic lights to the south, and the proposed enlarged car park, has concluded that the arrangements are acceptable from a highway safety and traffic flow perspective.

45. The Coal Authority identifies the site as lying within a defined Coal Mining

Development Referral Area as it and surrounding land have been subject to coal mining activity. The Authority concurs with the recommendations of the submitted Geo -environmental Geotechnical Assessments and requests that implementation of these measures form a condition of any planning permission. On that understanding no objection is raised.

46. The Environment Agency offers no objections subject to a condition being attached to

any planning consent requiring surface water running from areas of hard standing to pass through an oil interceptor.

47. Northumbrian Water, whilst observing that public sewers cross the site, offers no

objection to the application. 48. Natural England has been consulted in respect of the presence of Great Crested

Newts and the Dingy Skipper butterfly within woodland to the north of the site, into which an enlarged car park would project. Provided suitable mitigation measures are applied, and a Great Crested Newt license obtained, no objection is raised in principle to this proposal.

INTERNAL CONSULTEE RESPONSES: 49. The Archaeology Team – has examined the submitted desk-based archaeological

assessment of the application site which recommends a strip, map and record exercise as part of the ground works for any development, in recognition of close proximity to a Roman road and to the former Bowburn Colliery. These recommendations are accepted. Therefore no objections are raised subject to appropriate planning conditions being imposed upon any consent that address archaeological impact mitigation and the recording of finds.

50. The Ecology Team – has accepted the conclusions and mitigation recommendations resulting from the submitted Extended Phase 1 Habitat Survey and subsequently requested Great Crested Newt and Dingy Skipper butterfly surveys. Accordingly, no objection is raised.

51. The Access & Rights of Way Team – is of the opinion that, although there are no

recorded public rights of way running through the application site, there is a strong possibility that a number of informal paths crossing it have acquired public rights. It is therefore recommended that, as far as possible, as many of these pedestrian links are retained as part of any new development.

52. The Landscape Team – while not objecting to this proposal in principle draws attention

to important trees on the site boundary which should be retained. The submitted sketch layout would impact harmfully upon some of this tree coverage, and is therefore opposed. However, there is recognition that this could be changed at the detailed planning application stage.

53. The Design and Historic Environment Team – raises no objection to the principle of

this proposal, but offers advice in respect of any subsequent detailed proposal. This relates broadly to a desire for good contemporary building design, the effective screening of the service yard, the visual breaking up of the enlarged car park and a reiteration of a need to keep the best trees.

54. The Spatial Planning Policy Team – has carefully assessed this application against

national, regional and local planning policies, paying particular attention to potential retail impact upon shopping centres lying within the primary retail catchment area of the proposed store. Taken also into account, with due weight given, are the significant benefits to Bowburn a new foodstore would bring. The conclusion is that the application is broadly in accordance with relevant planning policy, and that the benefits significantly outweigh any disbenefits.

55. The Pollution Control Team – offers no objections to this proposal provided that any

approval is subject to planning conditions relating to site investigation and remediation in respect of contaminants, should there be any, and restrictions on construction hours to protect nearby residential amenity.

PUBLIC RESPONSES: 56. Cassop cum Quarrington Parish Council Members have voted unanimously to support

this application. Bowburn is stated to be a rapidly developing village which is greatly in need of improved shopping facilities. This would complete the regeneration of a once declining mining village. However, the Parish Council would like to see pedestrian routes across the site respected, and draws the County Council’s attention to allotment

gardens within “John Hare’s Wood”, as land to the north of the site is know locally.

57. An objection has been received from a Bowburn shop keeper concerned about impact on trade and additional traffic resulting from this proposal.

APPLICANTS STATEMENT: 58. The applicants have tried to interest a supermarket operator in the extant 2650 sq m

outline retail planning permission since it was granted in 2011, but with no success. By increasing the floorspace to 4184 sq m gross it is believed that the site will be a far more attractive proposition to major operators, without impacting in a harmful manner

upon the vitality and viability of other shopping centres within the area. Such a store would have the ability to create 200 full time and 100 part time jobs.

The above represents a summary of the comments received on this application. The full written text is available for inspection on the application file which can be viewed at http://82.113.161.89/WAM/showCaseFile.do?action=show&appType=planning&appNumber=10/00955/FPA

PLANNING CONSIDERATIONS AND ASSESSMENT

59. Having regard to the requirements of Section 38(6) of the Planning and Compulsory

Purchase Act 2004, relevant Development Plan policies, guidance and all other material planning considerations, including representations received, it is concluded that the main planning issues raised by the enlarged floorspace and site are; the principle of the development in terms of accordance with planning policy, highway, retail and ecological impacts.

Principle of the Development 60. The National Planning Policy Framework (NPPF) outlines that significant weight

should be placed on the need to support economic growth through the planning system. It is considered that the proposal meets with NPPF objectives in terms of building a strong competitive economy.

61. With regard to the Regional Spatial Strategy there are no site specific policies that

relate to the land subject of this application. However, the proposed development can be considered to accord with the general aims of the plan to support sustainable development and focus new developments in existing urban areas.

The a site has a dual allocation in the Local Plan and for employment use (EMP8) and for a village shop (S6).Whilst the scale of the development exceeds the size of a typical village shop envisaged by the policy (1000 m), the acceptability of retail development on this sustainably located site has already been established by earlier planning permissions.

Subject to demonstrating that the additional impact resulting from a larger development can be satisfactorily accommodated the proposal is considered to meet NPPF parts 4 & 8, RSS Policies 4, 7, 24 & 25.

Access and Highway Safety 62. The applicants’ highways consultants have demonstrated, to the satisfaction of the

County Highway Authority, in the submitted Transport Assessment that the enlarged car park can be accessed and exited safely from and to the A177; and that, by carefully phasing the proposed entrance traffic lights relative to those that exist to the south, traffic flows will not be unacceptably compromised, or lead to queuing across the application site entrance. Accordingly, this proposal is considered to accord with the objectives of Policies T1, T8 and T10 of the Local Plan.

Retail Impact 63. Conclusions drawn by the submitted Planning and Retail Statement in respect of

predicted impact on other shopping centres within the proposal’s Primary Catchment Area (PCA) are accepted. These are that, taking full account of current and future expenditure within the PCA, the only impact on trading positions is likely to be on the Co op store in Bowburn. However, this is considered to be outweighed by the positive

effects that will result from the creation of superior shopping choice for the village as a whole.

64. Particular consideration has also been given to possible impact upon the nearest

shopping centre to the application site, which is in Coxhoe village to the south east. However, shops within Coxhoe are by nature used for “top up” shopping rather than a substantial weekly shop. As a consequence, trading patterns are unlikely to change as a result of this proposal. It is therefore concluded that the objectives of NPPF part 1 and Policy S1A of the Local Plan have been met.

Ecology 65. Account has been taken of a need to reconfigure an allotment with pond to the north of

the site, into which the enlarged car park will extend and impact upon ecology, particularly in respect of Great Crested Newts and the Dingy Skipper butterfly. Mitigation measures have been accepted following full surveys, notwithstanding a requirement for a license from Natural England to be sought should planning permission be granted. .

66. The application has been accompanied by an ecology report comprising of an

extended phase 1 habitat survey and protected species surveys.It confirmed that part of the site is used by Great Crested Newts. As Newts are known to use the site, a Natural England license will need to be obtained prior to works commencing on site.

67. When determining planning applications where protected species have been identified,

local planning authorities must demonstrate that the decision has been made in the correct manner, particularly that the species has been identified as a protected species and that the LPA has discharged its duty to have regard to the Conservation of Habitats and Species Regulations 2010 which transpose the requirements of the European Habitats Directive into UK law, and any other relevant legislation such as the Wildlife and Countryside Act. Where there is likely to be a disturbance to protected species, caselaw has established that local planning authorities must consider whether the Applicant might obtain a relevant licence from Natural England. This requires an examination of the derogation provisions which also form the basis of the licensing regime. However, the Planning Authority must not usurp the functions of the Licensing body in this regard. It is for Natural England to decide licensing applications; the planning authority must only be satisfied that there is a possibility of a required licence being obtained.

68. Natural England has been consulted on the application and has referred the Council to

its standard advice. Appropriate conditions should be attached to any grant of planning permission to ensure any works are carried out in compliance with the mitigation measures specified in the submitted report.

69. Officers consider that despite the application having the potential to impact on Great

Crested Newts that subject to the proposed mitigation measures being implemented the impact of the development upon the protected species would be acceptable. It is considered that the development would comply with article 12(1) of the Habitats Directive and that a license may be granted by Natural England if application be made, with the development being for reasons of overriding public interest and the submissions demonstrating that there is adequate mitigation possible and no satisfactory alternatives.

70. No objections are therefore raised to the development with regards to the impact upon

protected species. The requirements of NPPF part 11, Policy 33 of the RSS and Policy E16 of the Local Plan are therefore considered to have been met

Design and Layout 71. Although the submitted site plan is purely illustrative, the layout is acceptable, and the

store’s indicated position at the southern end of the site addresses adjacent roads well, with the potential to become an integral part of the village’s streetscape. Accordingly NPPF part 7, RSS Policy 8 and Local Plan Policy Q7 objectives have been met.

Other matters 72. In respect of woodland protection and enhancement (Local Plan Policy E14), the

provision of a Travel Plan (RSS Policy 54), the encouragement of cycling (Local Plan Policy T20), disposal of surface and foul water (Local Plan Policy U8A), and the remediation of contaminated land (Local Plan Policy U11) all can be addressed by planning condition, to be discharged following the granting of any subsequent detailed planning permission.

CONCLUSION

73. This proposal fulfils a long standing aspiration to provide Bowburn, a growing and

vibrant village, with an appropriately sized foodstore. Potential impact upon neighbouring shopping centres such as Coxhoe has been taken carefully into account, but predicted modest trade diversion levels are considered to be conclusively outweighed by the economic and community benefits to Bowburn. This is a sustainable development proposal with the ability to create jobs and economic prosperity

74. Although this application only seeks to establish the principle of a larger store, if

approved there will be an increased chance of an operator coming forward with a detailed proposal

RECOMMENDATION

That the application be APPROVED subject to the following conditions 1. Application for approval of reserved matters must be made not later than the

expiration of three years beginning with the date of this permission and the development must be begun not later than the expiration of two years from the final approval of the reserved matters, or in the case of approval on different dates, the date of approval of the last of the reserved matters to be approved.

Reason: Required to be imposed pursuant to Section 92 of the Town and Country

Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

2. Approval of the details of layout, scale, appearance and landscaping of the site

(hereinafter called "the reserved matters") shall be obtained in writing from the Local Planning Authority before any development is commenced.

Reason: To ensure that a satisfactory form of development is obtained in accordance

with Policy Q7 of the City of Durham Local Plan 2004.

3. No development shall take place until a scheme showing the means by which foul

sewage and surface water generated as a result of the development are to be catered for has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall thereafter be carried out in accordance with the approved details before any part of the development is occupied.

Reason: To ensure that proper means are provided for the disposal of foul sewage

and surface water from the development in accordance with Policy U8a of the City of Durham Local Plan 2004.

4. Before the commencement of the development, or other such time period as may be

agreed in writing with the Local planning authority, a detailed hard and soft landscaping scheme shall be submitted to, and approved in writing by, the Local planning authority. No tree shall be felled or hedge removed until the landscape scheme, including any replacement tree and hedge planting, is approved as above. Any submitted scheme must be shown to comply with legislation protecting nesting birds and roosting bats. The landscape scheme shall include accurate plan based details of the following: Trees, hedges and shrubs scheduled for retention; Planting species, sizes, layout, densities, numbers; Details of planting procedures or specification; Finished topsoil levels and depths; Details of temporary topsoil and subsoil storage provision; Seeded or turf areas, habitat creation areas and details etc; Details of land and surface drainage; Details of all utility services installations and alignments; Post-construction remedial works; and, The establishment maintenance regime, including watering, rabbit protection, tree stakes, guards etc. The local planning authority shall be notified in advance of the start on site date and the completion date of all external works. Trees, hedges and shrubs shall not be removed without agreement within five years.

Reason: In the interests of visual amenity in accordance with Policy Q7 of the City of

Durham Local Plan 2004. 5. All planting, seeding or turfing and habitat creation in the approved details of the

landscaping scheme shall be carried out in the first available planting season following the practical completion of the development (or occupation of buildings or commencement of use.) No tree shall be felled or hedge removed until the removal/felling is shown to comply with legislation protecting nesting birds and roosting bats. Any approved replacement tree or hedge planting shall be carried out within 12 months of felling and removals of existing trees and hedges. Any trees or plants which die, fail to flourish or are removed within a period of 5 years from the substantial completion of the development shall be replaced in the next planting season with others of similar size and species, unless the planning authority gives written consent to any variation. Replacements will be subject to the same conditions.

Reason: In the interests of visual amenity in accordance with Policy Q7 of the City of

Durham Local Plan 2004. 6. No construction work shall take place, nor any site cabins, materials or machinery be

brought on site until all trees and hedges, indicated on the approved dimensioned tree protection plan as to be retained, are protected by the erection of fencing, placed as indicated on the plan, inspected by the local authority and agreed in writing as satisfactory. Fencing should comprise of a vertical and horizontal framework of scaffolding, well braced to resist impacts, and supporting temporary welded mesh fencing panels or similar approved in accordance with BS.5837:2012 unless otherwise agreed by written consent of the local planning authority. No

operations whatsoever, no alterations of ground levels, and no storage of any materials are to take place inside the fences, and no work is to be done such as to affect any tree, without the prior written agreement of the local planning authority. A schedule of works to retained trees and hedges, a detailed arboricultural method statement, and where required, a tree monitoring schedule shall be submitted. No removal of limbs of trees or other tree and hedge work shall be carried out unless approval has been granted by the local planning authority. No underground services trenches or service runs shall be laid out in root protection areas, as defined on the Tree Constraints Plan, without the prior written approval of the local planning authority. Any methods of installation must be considered following guidance in BS 5837:2012 'Trees in Relation to Construction' and carried out in accordance with the National Joint Utilities Group ('Guidelines for planning, installation and maintenance of utility services in proximity to trees) Any construction within the Root Protection Area (RPA) must be the subject of a site specific arboricultural method statement (AMS) submitted to and approved in writing by the Local Planning Authority. The Method Statement must include, but is not confined to, site levels before and after construction, product details and specifications, a plan of works and porous surface details for any construction within the RPA.

Reason: In the interests of visual amenity in accordance with Policy Q7 of the City of

Durham Local Plan 2004. 7. There shall be no storage in the open of goods, materials, equipment or waste

materials, except in areas to be approved in writing by the Local Planning Authority. Reason: In the interests of visual amenity in accordance with Policy Q7 of the City of

Durham Local Plan 2004. 8. No sales shall take place from the premises until there have been submitted to and

approved in writing by the Local Planning Authority details of refuse storage and litter containing facilities and all such approved facilities have been provided.

Reason: In the interests of visual amenity in accordance with Policy Q7 of the City of

Durham Local Plan 2004. 9. No development shall take place until the applicant has secured the implementation

of an agreed phased programme of archaeological works, to include assessment, evaluation, and where appropriate mitigation, in accordance with a written scheme of investigation. This should be submitted by the applicant and approved in writing by the Planning Authority. The mitigation strategy shall include:

i) Measures to preserve in situ, or preserve by record, archaeological features of

identified importance. ii) Methodologies for the recording and recovery of archaeological remains,

including artefacts and ecofacts. iii) Post-fieldwork methodologies for assessment and analysis. iv) Report content and arrangements for dissemination, and publication

proposals. v) Archive preparation and deposition with recognised repositories, vi) A timetable of works in regard to the proposed development, including

sufficient notification and allowance of time to ensure site work is undertaken and completed in accordance with the strategy.

vii) Monitoring arrangements, including the notification in writing to the County Durham Archaeologist of archaeological works starting, and the opportunity to monitor such works.

viii) A list of all staff involved in the implementation of the strategy, including sub-contractors and specialists, their responsibilities and qualifications

ix) The development shall thereafter be carried out I complete accordance with the approved details.

Reason: This is within an area of high archaeological potential in accordance with Policy E24 of the City of Durham Local Plan 2004.

10. Prior to the development being beneficially occupied, a copy of any analysis,

reporting, publication or archiving required as part of the mitigation strategy shall be deposited at the County Durham Historic Environment record. This may include full analysis and final publication. Reporting must be within one year of the date of the completion of the development hereby approved by this permission.

Reason: To make archaeological information as widely accessible as possible to the public.

11. No development shall commence until a scheme to deal with site contamination has

been agreed in writing with the Local Planning Authority. The scheme shall include an investigation and assessment to identify the extent of contamination, with measures taken to avoid risk to the public, buildings and the environment when the site is developed. These measures shall be fully implemented and validated in writing prior to built development commencing.

Reason: To protect Controlled Waters by ensuring that the remediated site has been

reclaimed to an appropriate standard in accordance with Policy U11 of the City of Durham Local Plan 2004.

12. Prior to being discharged into any watercourse, surface water sewer or soakaway

system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor installed in accordance with a scheme previously submitted to and approved in writing by the LPA. Roof water shall not pass through the interceptor.

Reason: To prevent pollution of the water environment in accordance with Policy

U8a of the City of Durham Local Plan 2004. 13. Not more than 632 sq m net shall be used for the sale of comparison goods.

Comparison goods are defined as the following COICOP Categories: Clothing materials & garments, Shoes & other footwear, Materials for maintenance & repair of dwellings, Furniture & furnishings; carpets & other floor coverings, Household textiles, Major household appliances, whether electric or not, Small electric household appliances, Tools & miscellaneous accessories, Glassware, tableware & household utensils, Medical goods & other pharmaceutical products, Therapeutic appliances & equipment, Bicycles, Recording media, Games, toys & hobbies; sport & camping equipment; musical instruments, Gardens, plants & flowers, Pets & related products, Books & stationery, Audio-visual, photographic and information processing equipment, Appliances for personal care, Jewellery, watches & clocks, Other personal effects.

. Reason: In the interests of protecting the vitality and viability of all centres within the

local retail hierarchy, in accordance with the objectives of City of Durham Local Plan 2004 Policy S1A.

14. Prior to development commencing, a scheme for the provision of at least 10% of the site's energy requirements from embedded renewable energy shall be agreed in writing with the Local Planning Authority. Thereafter, the terms of that agreement shall be fully complied with, and documentary evidence made available upon request.

Reason: In accordance with the objectives of Regional Spatial Strategy Policy 39. 15. No development shall commence until a scheme for the delivery of a "percent for

art", in accordance with the objectives and provisions of Policy Q15 of the City of Durham Local Plan 2004, has been agreed in writing with the Local Planning Authority. The agreed scheme shall thereafter be implemented within a timescale that will form part of the aforementioned agreement.

Reason: In accordance with the objectives of City of Durham Local Plan 2004 Policy

Q15. 16. The retail floorspace hereby approved shall not open for trading until the new traffic

signals at the site access from the A177 are fully operational. Reason: In the interests of highway safety, in accordance with the objectives of City

of Durham Local Plan 2004 Policy T8. 17. A detailed Travel Plan shall be approved in writing by the Local Planning Authority

within 6 months of trading commencing from any of the hereby approved retail floorspace and implemented in full accordance with the approved terms. The approved Travel Plan shall be reviewed annually in conjunction with the Local Planning Authority and the County Highway Authority.

Reason: In the interests of reducing the traffic impact of the approved development. 18. No development shall commence until details of the means of delivery to, and

servicing of, the hereby approved retail floorspace have been agreed in writing with the local Planning Authority. Once agreed, the terms of that agreement will be fully complied with.

Reason: In the interests of highway safety, in accordance with the objectives of City

of Durham Local Plan 2004 Policy T8. 19. Prior to development commencing, details of car parking layout and cycling facilities

within the site shall be agreed in writing with the Local Planning Authority. Thereafter, the terms of that agreement shall be fully complied with.

Reason: In accordance with the objectives of City of Durham Local Plan 2004

Policies T10 and T20. 20. An up to date Ecological Assessment of the site, together with any appropriate

protected species mitigation measures, shall be submitted with any Reserved Matters or Full Planning Application submissions to the Local Planning Authority.

Reason: In the interests of the preservation of protective species and nature

conservation, in accordance with the objectives of City of Durham Local Plan Policy E16.

21. The recommendations contained within the submitted Geo-environmental and Geo-

technical assessment shall be followed in full prior to any development commencing.

Reason: To ensure the safety and stability of any built development.

REASONS FOR THE RECOMMENDATION

1. This proposal constitutes sustainable development with demonstrable economic and social benefits, fully in accordance with key Government objectives as contained within the NPPF.

2. Outline planning permission for an enlarged foodstore is a further step towards the fulfilment of a long standing foodstore aspiration for Bowburn, and this application is considered to meet the objectives of NPPF parts 1, 4, 7, 8 & 11; RSS Policies 4, 7, 8, 24, 25 & 54; and Policies EMP 8 b, E14, E16, S1A, Q7, T1, T8, T10, T20, U8A, & U11 of the City of Durham Local Plan

3. Only one objection has been received in respect of this proposal, the grounds for which, retail impact and increased traffic, have been carefully assessed. The application has been broadly welcomed by the Parish Council, and Issues raised relating to the maintenance of footpath links will be addressed when a full planning application is submitted.

BACKGROUND PAPERS

� Submitted Application Forms, Plans and supporting documents � National Planning Policy Framework � North East of England Plan Regional Spatial Strategy to 2021 (RSS) July 2008 � City of Durham Local Plan 2004 � Responses from: � Highways Agency � County Highway Authority � Coal Authority � Environment Agency � Northumbrian Water � Natural England � County Archaeologist � County Ecologist � County Rights of Way Officer � County Council Landscape Section � County Council Design & Conservation Section � County Council Planning Policy Team

Planning Services

CMA/4/63

Outline application, including access details, for retail food store, incorporating car park, landscaping and new vehicular access at Land adjoining Bowburn South

Industrial Estate, Durham Road, Bowburn This map is based upon Ordnance Survey material with the permission o Ordnance Survey on behalf of Her majesty’s Stationary Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceeding. Durham County Council Licence No. 100022202 2005

Comments

Date September 2012 1:2500

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