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J10 Planning Limited 1-3 Upper Eastgate Row Chester CH1 1LQ 01244 349400 (T) 01244 349402 (F) www.j10planning.com PLANNING STATEMENT Prepared on behalf of Wholebake Ltd in support of a Detailed Planning Application for the Erection of a food manufacturing plant (Class B2) with integrated B8 warehousing, distribution and B1 office facilities; an ancillary employee wellbeing unit (Class D2); with means of vehicular and pedestrian access, associated parking for 166 no. motor vehicles parking spaces (including mobility spaces), 30 no. cycle spaces; with means of vehicular and pedestrian access, servicing, bin storage, plant, electricity sub-station and associated landscaping provision. to Denbighshire County Council On land adjacent (to east of) Ty'n-y-Llidiart Industrial Estate (B5437), Clawdd Poncen, Corwen, Denbighshire, LL21 9RJ January 2017 Ref. J10-WB-PS-RevA

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  • J10 Planning Limited

    1-3 Upper Eastgate Row Chester CH1 1LQ 01244 349400 (T) 01244 349402 (F)

    www.j10planning.com

    PLANNING STATEMENT

    Prepared on behalf of Wholebake Ltd

    in support of a

    Detailed Planning Application

    for the

    Erection of a food manufacturing plant (Class B2) with integrated B8 warehousing, distribution

    and B1 office facilities; an ancillary employee wellbeing unit (Class D2); with means of

    vehicular and pedestrian access, associated parking for 166 no. motor vehicles parking

    spaces (including mobility spaces), 30 no. cycle spaces; with means of vehicular and

    pedestrian access, servicing, bin storage, plant, electricity sub-station and associated

    landscaping provision.

    to Denbighshire County Council

    On land adjacent (to east of) Ty'n-y-Llidiart Industrial Estate (B5437), Clawdd Poncen,

    Corwen, Denbighshire, LL21 9RJ

    January 2017

    Ref. J10-WB-PS-RevA

  • Wholebake Ltd Planning Statement

    J10 Planning Ltd January 2017

    1

    CONTENTS PAGE 1.0 INTRODUCTION & BACKGROUND 2

    The Application Pack 3

    Site Description 5 The Proposed Development 7 Pre-Application Discussions 10 Some Key Issues 12

    2.0 PLANNING POLICY CONTEXT 16

    Local Development Plan 18

    Supplementary Planning Policy 24 National Planning Policy 26

    3.0 SUMMARY BENEFITS IN SUPPORT 31

    4.0 APPENDICES 37 A : Pre-application Correspondence B : The Wholebake Process C : Development Programme

  • Wholebake Ltd Planning Statement

    J10 Planning Ltd January 2017

    2

    1.0 INTRODUCTION & BACKGROUND

    1.1 This Planning Statement (PS) has been prepared and undertaken by J10

    Planning Ltd (the Agent) acting on behalf of Wholebake Ltd (the Applicants).

    1.2 The land associated with this proposal comprises an area of previously

    undeveloped agricultural land located on land adjacent (to the east of) Ty'n-

    y-Llidiart Industrial Estate (B5437), Clawdd Poncen, Corwen, Denbighshire, LL21

    9RJ; that extends to 4.79 ha (11.83 acres).

    1.3 It accompanies and supports the submission of a Detailed Planning application

    to Denbighshire County Council (DCC) for the proposed development of the

    site for a new food manufacturing plant.

    1.4 The land is presently owned by the Rhug Estate, but the applicant has entered

    into a conditional contract to purchase the land subject to planning and the

    applicants are the ones who will be seeking to build out the permission and be

    the owner occupier and operators of the site.

    1.5 Accordingly, the purpose of this supporting statement is to:

    ● Provide some introductory background to the application; providing a

    descriptive appraisal of the site, its location, setting and surroundings; to

    present a detailed description of the proposal; a summary of the pre-

    application process and identifying any key issues that will assist the reader;

    ● Identify the key local and national planning policy framework applicable

    to the proposed development and interpreting these in order to present the

    detailed case in support of the proposals;

    ● Summarise the reasons why detailed planning permission should be

    granted, referring to the scheme deliverables, benefits and net gains this

    development proposal will offer.

    1.6 We consider that this approach will serve to provide the Council with a clear

    basis for interpretation and decision making. In summary, this statement, along

    with all the other supporting documentation and plans, demonstrate that the

    proposed development, subject of this application, is fully compliant with

    national policy guidance and with the adopted development plan so as to be

    acceptable.

  • Wholebake Ltd Planning Statement

    J10 Planning Ltd January 2017

    3

    The Application Pack

    1.7 This Planning Statement (J10 Planning) should be read in conjunction with the

    following plans and documents, which are enclosed as separate items in the

    associated submission package:

    ● Community Linguistic Impact Assessment (CLIA) : J10 Planning : AWAITED

    ● Pre-Application Consultation Report (PAC) : J10 Planning : AWAITED

    ● Architectural design drawings : UMC Architects

    ● Design & Access Statement : UMC Architects

    ● Landscape Design report + masterplan drawing : Square Yard

    ● Landscape & Visual Appraisal : Square Yard

    ● Heritage Impact Assessment : Townscape

    ● Archaeological Desktop + Evaluation : Aeon Archaeology

    ● Geophysics Assessment : Stratascan

    ● Topographical Survey : MB Surveys

    ● Flood Consequences Assessment & Drainage Strategy + Infiltration

    Assessment : Waterco

    ● Transport Assessment + Travel Plan : Prime TP

    ● Construction Traffic Management Plan + Delivery Management Plan :

    Prime TP

    ● Geo-Environmental & Site Investigation Report : Ground Solve

    ● Lighting Assessment : Euro Lighting Solutions

    ● Acoustic Statement : Peak Acoustics

    ● Minerals Assessment : Terra Consult

    ● Utility Infrastructure Statement : TMC

    ● Soils & Agricultural Use & quality Report : Reading Agricultural

    ● Ecological Assessment : Kingdom Ecology

    ● Arboricultural Impact Assessment : Tree Solutions

  • Wholebake Ltd Planning Statement

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    1.8 This list is important as it comprises all the items requested by the Council during

    pre-application discussions and reflects the guidance provided by Officers; no

    other items were and have been requested.

    1.9 In addition, a J10 Planning EIA Screening Opinion has been submitted under

    separate cover, which concludes that this is not an EIA project and as such the

    Authority have been invited to issue a negative Screening Opinion. This has

    been undertaken so that any permission is legally and technically robust.

    1.10 These documents and drawings are all provided with the enclosed application

    and itemised in greater detail on a separate Planning Application submission

    schedule spreadsheet.

  • Wholebake Ltd Planning Statement

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    Site Description

    1.11 The application site is located upon the edge and fringe of Clawdd Poncen,

    (a detached suburb to Corwen), just under 1 km to the north of Corwen town.

    It comprises an unimproved parcel of previously undeveloped agricultural land

    that has been used for pasture and extends to an area of 4.79 ha (11.83 acres).

    1.12 The site is bound to the north by a dismantled railway line (the Corwen cutting

    - along which there is a non-designated PROW); to the east is the Maesafellen

    residential housing estate, to the south is an agricultural field (also owned by

    the Rhug Estate) which is allocated for housing) and to the west is the

    established Ty’n y Llidiart Industrial Estate where the existing Wholebake factory

    is located.

    1.13 The site is generally level, though the land des rise up towards the eastern

    boundary.

    1.14 Direct vehicular access is available off the main B5437, which is the main link

    road between Corwen town and Clawdd Poncen across the River Dee and

    serves as a route between the A5104 and A494 to the north / west and the A5

    to the south into Corwen.

    1.15 The site is highlighted below to show its location, context and position.

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    1.16 The site is located in a most accessible position close to Corwen town and all

    its amenities and facilities. The site is well served by public transport service

    routes that run along the B5437 (bus stops exist within immediate walking

    distance of the site. The site is considered to therefore be located in a highly

    sustainable and accessible position to take advantage of this infrastructure

    and it benefits from very good sustainability credentials.

    1.17 The opportunity now exists to secure the future implementation of the industrial

    allocation and this comprehensive development scheme will serve to meet this

    through a quality employment generating scheme.

  • Wholebake Ltd Planning Statement

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    The Proposed Development

    1.33 The application is made for Detailed Planning Permission. The description of

    the development is as follows:

    “Erection of a food manufacturing plant (Class B2) with integrated B8 warehousing, distribution and B1 office facilities; an ancillary employee wellbeing

    unit (Class D2); with means of vehicular and pedestrian access, associated

    parking for 166 no. motor vehicles parking spaces (including mobility spaces), 30

    no. cycle spaces; with means of vehicular and pedestrian access, servicing, bin

    storage, plant, electricity sub-station and associated landscaping provision.”

    1.34 The proposal involves the development of a food manufacturing plant upon a

    site that extends to 4.79 ha (11.83 acres).

    1.35 The accommodation schedule comprises the following floorspace:

    Proposed Unit Use Class Sqft GIA Sqm GIA Sqft GEA Sqm GEA

    Production /

    warehouse

    B2 / B8 10,850 116,789 11,054 118,985

    Office,

    canteen,

    training, staff

    welfare

    B1 /

    general

    2,500 26,909 2,621 28,214

    Staff Wellbeing

    Unit

    D2 600 6,458 651 7,007

    TOTAL 13,950 150,156 14,326 154,206

    1.36 The idea is that the whole factory is built in one go but that it will be occupied

    in two phases to allow operations to grow into the building rather than trying to

    bring all production lines on stream in one go, which would present a logistical

    headache. Thus a Phase 1 occupation is expected on Day one and the Phase

    2 occupation is expected within 18 to 36 months later. Provision has also been

    made for additional office space at 2nd floor level following the Phase 2 factory

    occupation.

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    1.37 As staff canteen is provided on site, along with other staff welfare facilities.

    Training rooms for staff development are provided and in particular this will

    allow for language courses to be provided for staff. The company has

    attracted a fairly significant number of non-welsh speakers to its workforce and

    the Company is keen to develop their development and use of the Welsh

    language; this will not only benefit company working practices but also ensure

    that staff (ad their families) feel more socially and culturally integrated within

    the local area.

    1.38 The staff wellbeing unit will provide a gym for staff (and their families) to use

    and is an important facility for the company. It is something to allow staff to

    relax and benefit health and wellbeing.

    1.39 A total of 166 no parking spaces (incl. 9 no. mobility) and 30 no. cycle spaces

    are provided and capacity is built in to ensure that sufficient spaces are

    available to accommodate peak shift patterns and allow for extra dwell time

    on site before/after shifts so that staff may use the wellbeing unit.

    1.40 In terms of staffing the site is projected to employ a total of some 255 (FTE) staff.

    1.41 The current staffing levels comprise c. 122 staff:

    Production Operators (Shift Workers) – 89 (Days=49; Eve=20; Night=20) Engineers, QA, Warehouse, supervisors (Shift Workers) – 20 (Days=9; Eve=6; Night=5) Office Staff (days only) – 13

    1.43 The proposed (phased) level of staffing are estimated to be as follows: New Factory – PHASE 1 Production Operators (Shift Workers) – 138 (Days, Eve & Nights=46) Engineers, QA, Warehouse, supervisors (Shift Workers) – 22 (Days=10; Eve=6; Night=6) Office Staff Days only) – 20 New Factory – PHASE 2 Production Operators (Shift Workers) – 204 (Days, Eve & Nights = 68) Engineers, QA, Warehouse, supervisors (Shift Workers) – 31 (Days=13; Eve=9; Nights=9) Office Staff (days only) – 20

    1.42 The proposed hours of operation are 24 hours split shift (3 shifts) on a 24/5 basis;

    presently there is no intention to work over weekends or statutory holidays and

    only maintenance will be undertaken over the weekends.

  • Wholebake Ltd Planning Statement

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    1.43 The shift pattern is based upon 3 shift times of:

    • Days : 06:00 to 14:00

    • Evenings : 14:00 to 22:00

    • Nights : 22:00 to 06:00

    1.44 This split shift timing ought to remove any potential problems associated with

    peak travel movements on the network; thus aimed at not coinciding with

    other local residential movements at school times.

    1.44 There will be two site vehicular access points; one dedicated for service /

    delivery use at the far western end of the site and one for staff / visitor use

    towards the eastern end of the site; thus disaggregating movements and an

    operational traffic management system will ensure that all service/ delivery

    drivers turn right out of the site to avoid large vehicles travelling through the

    town.

    1.45 We can confirm that no trees need be removed and only very careful and

    selective hedgerow management is required to ensure the established

    landscape screening will remain in place and is actually enhanced with new

    planting and the provision of biodiversity enhancement areas.

    1.46 The proposals have been developed around a design solution that has

    embraced and been influenced by all the various technical and professional

    disciplines employed by the applicant (in particular highways, drainage,

    landscape, ecology and archaeology/heritage) and the guidance conferred

    by the Council during pre-application discussions in arriving at an acceptable

    design solution.

    1.47 The applicant has listened to and been guided by the aspirations, concerns,

    feedback and guidance from Council officials and is confident that the

    proposals now represent a scheme of the highest quality and sustainability

    credentials.

  • Wholebake Ltd Planning Statement

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    Pre-Application Discussions

    1.48 The applicant has been keen to engage with Officers in seeking their advice

    and guidance pertaining to this proposal and embarked upon an

    engagement process in August 2016.

    1.49 The recently assented Town & Country Planning (Development Management

    Procedure) (Wales) (Amendment) Order 2016 means that from 1 August 2016

    a far greater emphasis upon pre-application consultation with key stakeholders

    was introduced and a formal DMO process was activated.

    1.50 This now places and also places a responsibility upon applicants to undertake

    and follow a pre-application procedure of formal consultation and

    engagement with key statutory consultees (e.g. NRW, DCWW, CADW, HSE,

    etc), the Local Authority, Town/Community Councils, local Ward Councillors

    and local residents and neighbouring businesses.

    1.51 It applies to all Major applications (outline or detailed) where the project

    involves over 1,000 sqm of non-residential space and/or the site exceeds 1.0 ha

    or where the site involves 10+ residential dwellings and/or a site over 0.5ha.

    1.52 This requires applicants to produce a Pre-Application Consultation Report

    (PAC) and it is this document that serves to address the policy requirement s set

    out in the legislation.

    1.53 We consider that the applicant has duly taken account of the guidance.

    1.54 Outwith of and in advance of the formal DMO process commencing we have

    undertaken detailed pre-application discussions with Officers at Denbighshire

    and also liaised with CADW, Welsh Water and the NRW.

    1.55 This has resulted in several pre-application meetings taking place and

    exchanges of emails and letters. The narrative behind this process is provided

    (see APPENDIX A).

    1.56 The course and intensity of this process is self-evident. The key message was

    that Officers would essentially be comfortable in supporting the design and

    technical case were we to follow their guidance. This we have done.

  • Wholebake Ltd Planning Statement

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    1.57 We have followed this advice and that is why significant effort has been made

    in addressing all the technical issues highlighted by Officers and that we found

    might exist. We therefore consider we have satisfactorily tackled and positively

    addressed and solved the questions posed early on in pre-application

    meetings.

    1.58 In summary, Officers have been very positive and helpful in the guidance and

    advice conferred; they have welcomed the proposal, offered clear instructions

    as to what they considered necessary for the applicant to submit in support of

    the application and have helpfully advised the applicant’s team as to what

    they would be comfortable in supporting and recommending, notwithstanding

    the fact that the opinions offered were those of Officers and not necessarily of

    elected Members.

    1.59 Additionally, Officers confirmed that the proposed design solution (its highway

    and pedestrian accessibility, scale, layout, location, general setting and

    landscape impact/mitigation) were all acceptable and would form a

    constructive basis moving forward.

    1.60 The applicant has followed this advice and feels confident that the submission

    reflects Officers views and opinions and we would like to thank Officers for

    providing such a positive and refreshing pre-application service.

  • Wholebake Ltd Planning Statement

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    Some Key Issues

    1.61 We consider that the following key issues cumulatively present a compelling

    case as to why this scheme should be supported and granted planning

    permission.

    The Applicant : Wholebake

    1.62 Wholebake makes branded and contract natural food bakery products and

    in 2003 its turnover was £4M. A capital injection in 2011 has led to a £26M

    turnover with its aim being £40 M by 2019 (the time this new facility comes

    online).

    1.63 The existing Corwen factory comprises a unit of 2,400 sqm. This facility will

    continue in production. A smaller plant at Wrexham involves some 1,000 sqm

    and the company has a separate HQ and Brand Company.

    1.64 The trouble is that the existing plant is capacity constrained, there is no further

    room for expansion and there are serious challenges over storage space, car

    parking, changing facilities, staff amenities and office space.

    1.65 This site is to be purchased (subject to planning) from the Rhug Estate for the

    development a new factory which needs to be operational by Q2 2018 so that

    the company can fulfill new contract bakery orders and meet growing

    demand of their own branded products.

    1.66 Some additional detail on what Wholebake actually do, as part of their process

    is provided (see APPENDIX B); they have an excellent reputation in the

    marketplace, and currently manufacture in excess of 100 products for a diverse

    range of customers across healthy snacking, free from, weight management

    and sports nutrition and have never lost a customer they wanted to keep.

    1.67 Despite never advertising their services, they are regularly approached by

    potential customers wanting to partner with them to manufacture existing

    products and assist in developing their brands, but due to space constraints

    they have had to turn down at least 4 out of every 5 of the approaches

    received. We are reinventing ourselves as the No. 1 UK contract manufacturer of healthier snacks.

  • Wholebake Ltd Planning Statement

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    1.68 The company wishes to appeal to young challenger brands, existing household

    names as well as retailer private label and impress with a well thought out and

    smart site, offering unique and flexible capabilities. There is therefore a need to

    ensure that manufacturing space, offices, and staff amenities are presentable

    and have the ability to provide modern flexible production lines. Product

    innovation has been a massive part of Wholebake’s success and to maximise

    future margins they need new processes, skills, facilities and training and

    development to ensure they maintain their competitive edge and lead in the

    marketplace.

    1.69 Wholebake also has a social impact part to their business; it is massively

    important to them that they focus equally on their people as well as the

    products they manufacture. For this reason, they wish to invest in generous and

    well-appointed staff welfare, wellbeing, training and development facilities, so

    they can develop people further than just giving them the minimum needed

    to perform their jobs. Being able to make a positive social impact on staff and

    the local community is close to their hearts and they aspire to position

    themselves as a destination employer in order to attract the best talent to the

    business.

    1.70 The environment is equally important to them and the new factory will be a

    legacy to their staff, the business, their customers and to the wider community

    within North Wales.

    The “Business Critical” Nature of the Application

    1.71 The applicant has invested heavily in preparing and developing a Detailed

    planning submission. The critical path for the applicant is that he must have a

    new operational building ready for occupation for Q2 2018.

    1.72 This has meant that the submission needs to “hit the ground running” and

    enable a permission that is fairly free of any planing conditions. Thus a

    significant amount of detail has been submitted to provide surety and certainty

    in addressing as many areas of concern as possible.

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    1.73 Thus we have presented material on detailed landscaping, traffic

    management, construction management and the like to avoid having

    conditions imposed requiring the submission of such detail. If these need

    refining during the determination process (and it is hoped that the DMO

    process will have played a role in this too) then the applicants team can

    proceed to issue a contract to build and progress to develop the site will be

    that much quicker without the delay associated with a further round of

    conditional discharge.

    1.74 The applicants project managers (KAM) have produced a GANTT chart setting

    out the anticipated timescale associated with the delivery of the project and

    a copy of this is provided (see APPENDIX B); however, please note that this is

    evolving on a weekly basis as workstreams develop, but hopefully is illustrates

    the critical path and the applicants’ intent.

    Utility Constraints : Electricity and Drainage

    1.75 Crossing the site is a 33KV electricity line and to develop the site this needs to

    be diverted as it will prevent the development from taking place.

    1.76 The applicant has been in discussions with Scottish Power who have advised

    that for it to be diverted there will be a costs of some £146,000. It is hoped that

    this can be negotiated away as part of the wayleave agreement in place but

    there is no guarantee and regardless of any cost the time impact of the legal

    process involved in the diversion as well as facilitating and undertaking the

    actual physical works are risks to the critical path of the development that the

    applicant is having to bear I mind.

    1.77 Surface water is proposed to be via soakaway (under car park) and/or mains

    drains with agreement of Welsh water should a “cut and fill” exercise suggest

    that there is an issue. An FCA has determined permeable areas of the site to

    assist in this.

    1.78 Foul and waste water is another matter. There is no trade effluent produced

    only waste water as part of the cleaning process of any fruit and the normal

    foul associated with staff welfare provision. For this, there is a capacity issue at

    the local treatment works and regrettably Welsh water have not sought to

    invest or upgrade the works which means that any new development in

    Corwen will register an automatic objection from DCWW.

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    1.79 However, NRW do allow for a permit to be applied for where applicants

    provide their own private means of foul drainage treatment (i.e. private septic)

    should this situation arise and as such the applicant is proposing an

    underground private package treatment works given that it is neither feasible

    nor cost effective for the project to be delayed or be able to fund infrastructure

    improvement.

    1.80 This would be for a temporary period until local works are upgraded, but no

    contribution to upgrade is presently considered viable or feasible.

    Archaeology & Landscape

    1.81 The presence of the hillfort (Caer Drewyn – Scheduled Ancient Monument)

    alerted the team to the potential for local archaeological features and in view

    of this a significant amount of work has been undertaken to explore and

    establish what these might be and whether they have an impact upon

    development of the site.

    1.82 Ordinarily most applicants would have done a desktop and left any site

    intrusive investigations until after a permission had been issued but because of

    the critical path associated with this project the applicant knew that they

    needed certainty and could not risk having this delay the project from

    commencing. In the light of this, trenching work has been undertaken to

    establish the nature of any potential features and by the time the formal

    submission is made we will know the outcome of this.

    1.83 Moreover, associated with the SAM is the adjacent neighbouring Area of

    Outstanding Natural Beauty (AONB) and the applicant has also invested

    heavily in a design and landscape solution that sensitively and sympathetically

    acknowledges the importance of these landscape and built heritage assets.

    1.84 The LDP allocation of the site for employment is evidently an indication that the

    Local Authority (and LDP Inspector) believed the site to be deliverable

    otherwise it would never have been allocated, but the applicant has not taken

    anything for granted and has sought to promote a proposal that ensures the

    integrity, character, appearance and setting of the landscape and built form

    is protected and enhanced through a quality design solution.

    1.85 This has also meant that particular reference is made to landscape, lighting,

    acoustic and ecology measures and all these and others (e.g. highways) have

    informed the layout of the site.

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    2.0 PLANNING POLICY CONTEXT

    2.1 The purpose of this section of the statement is to set out the sequence of

    planning policy that is considered relevant to the consideration of this

    application; these are separately examined in detail by assessing and

    interpreting the merits of the proposals against them, with a view to

    demonstrating the case in support of the development proposals. The legal

    test for all planning decisions is to determine the application in accordance

    with the statutory development plan unless material considerations indicate

    otherwise.

    2.2 A material consideration will be whether the plans are up to date. We have

    adduced that, in this instance, the development plan (for the purposes of

    Section 38(6) of the Planning and Compulsory Purchase Act 2004) comprises

    the Development Plan (the Denbighshire Local Development Plan) which was

    adopted in June 2013 and whose plan period runs between 2006 and 2021.

    2.3 S38(6) confirms that in determining planning applications “any determination

    must be made in accordance with the development plan unless material

    considerations indicated otherwise”. Case law (such as R. Cummins v Camden

    LBC 2001) has established that for a proposal to be in accordance with the

    Development Plan it is not necessary for it to accord with each and every

    policy, rather it should conform with the plan as a whole.

    2.4 Moreover, a more recent judgement (BDW Trading Ltd. (T/A David Wilson

    Homes (Central, Mercia and West Midlands) 27 May 2016)) involved the

    judgment of Lord Justice Lindblom which offers yet another example of Section

    38(6) duty being examined and scrutinised in the Court of Appeal. The appeal

    was brought about when questions were raised as to whether or not an

    Inspector, deciding an appeal against a refusal of planning permission on a

    residential scheme of 114 dwellings, failed to discharge the duty, under Section

    38(6) of the Planning and Compulsory Purchase Act 2004, to make the decision

    in accordance with the development plan unless material considerations

    indicated otherwise. Lord Justice Lindblom offers some much needed

    clarification on the law and the judgment clearly reiterates that the approach

    to planning decisions is not and should not be rigid and the person making the

    decision has some scope and autonomy in how they approach the policy

    position.

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    2.5 The next step is to consider whether any “other material considerations”

    indicate otherwise. This will include assessing whether the proposals are in

    conformity and accordance with national policy (the Welsh Spatial Plan,

    Planning Policy Wales, TAN’s, Interim Ministerial Planning Statements) and any

    non-statutory guidance (e.g. best practice). We have done this exercise and

    adduced that national and non-statutory considerations also support the

    proposals.

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    Local Development Plan

    2.6 The starting point of any local planning policy assessment must be the

    Development Plan.

    2.7 The principle Development Plan for the site comprises the “Denbighshire Local

    Development Plan”, which was adopted in June 2013 and whose plan policies

    are currently used for Development Control purposes. The plan period runs from

    2006 and 2021.

    2.8 Given its primacy, adopted status and the fact (most of) its policies are

    considered to be (generally) up to date, a significant amount of weight can

    be attached to the relevant polices therein; however, this must be tempered

    by the fact that there are National policies that have come on-stream since

    that must be afforded significant weight.

    2.11 The approach should be to identify the provisions of the development plan and

    determine if the application is in accordance or in conflict. If in compliance (as

    is the case here) the starting point will be to approve proposals by granting

    planning permission as the decision is in accordance with the plan.

    2.11 An extract of the LDP proposals map, which highlights the extent of the

    application site edged RED, is provided below; as is a zoomed in version of the

    Clawdd Poncen area.

    2.12 The site is largely allocated under Policy PSE2. There is a housing alloaction to

    the south (BSC1) and open space zones (BSC11 to the south easet and south

    west of the site. The AONB designation starts to the north east of site beyond

    the dismanted railway line and within this about 700metres to the east ies the

    Schedulaed Anciant Monument (SAM) of Caer Drewyn an Iron Age hilfort.

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    2.13 The plan below shows that of the total 4.79 ha (11.83 acres) site about two thirds

    of the site (2.71 ha (6.69 acres)) is part of the PSE2 employment allocation with

    about a third of the site lying beyond the 33kv overhead power line falling in

    open countryside (2.08 ha (5.14 acres)) that is not allocated.

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    2.14 The allocation was put promoted by the owners (the Rhug Estate) as part of

    the LDP consultation process. The 33kv electricity line that crosses the site

    defines the boundary of the employment allocation. The proposed allocation

    was supported by the Authority on the basis that there was a need for more

    employment land in the locality and that Clawdd Poncen, Corwen was an

    existing employment centre that was successful.

    2.15 The proposed allocation went before Examination and the Inspector into the

    LDP agreed with the Authority and ratified the allocation. It must therefore be

    assumed that in agreeing to such an allocation the Authority and Plan

    Inspector were satisfied that it was a deliverable allocation and issues such as

    infrastructure capacity (e.g. drainage), environmental issues (such as noise,

    lighting, highways, etc) and visual impacts upon any local receptors (e.g.

    landscape, heritage and residential) could be satisfactorily addressed and

    overcome.

    2.16 In allocating this parcel of land (and others for residential and employment

    purposes) it will have been assumed that large scale industrial buildings would

    be the result. No site specific design criteria were applied to this site as part of

    the employment site allocation policy.

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    2.17 The PSE2 employment allocation policy of the LDP is therefore considered the

    most relevant one to this site, but also PSE5 in so far as about one third of the

    site lies in the open countryside as is depicted by the site layout plan below.

    2.18 However, besides these policies we have assessed and tested the proposals

    against all relevant policies from the Adopted LDP and consider the principal

    policies listed in the table below to be the most relevant and appropriate in this

    instance.

    2.19 Rather than simply reiterating what each policy seeks to achieve in great detail,

    since the Council will be entirely familiar with this, we will spend time

    emphasising and providing reasons why the proposal and the principle of the

    proposed development meets and conforms with these policies as set out in

    the table the follows below.

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    POLICY APPLICATION CONFORMITY

    RD1

    Sustainable development

    and good design

    standards

    This policy is met in all respects and the supporting material provided

    demonstrates in detail how this is achieved.

    RD5

    The Welsh language and

    the social and cultural

    fabric of communities

    A CLIA is provided (given the scheme exceeds the 3,000sqm

    threshold); the scheme involves providing new employment and

    securing existing employment in the area and the applicant is

    committed to delivering Welsh Language classes for staff.

    BSC3

    Securing infrastructure

    contributions from

    development

    The applicant does not believe that any additional S106

    contributions are merited; indeed, the investment being made (to

    the tune of over £14M) is stretching the viability of the project and

    any additional burden placed upon it would be regarded as being

    unreasonable and not relevant to the development.

    PSE2

    Land for employment uses

    The large part of the site is allocated under PSE2 where B1 B2 and B8

    uses will be supported.

    PSE3

    Protection of employment

    land and buildings

    There is no room upon the current Wholebake site to extend, but

    despite this the operation there will continue and indeed no

    alternative use is being sought.

    PSE5

    Rural economy

    Commercial development is supported in the rural area.

    Appropriate new build is acceptable and will be supported.

    About 15% of the new factory (and the ancillary employee

    wellbeing unit and landscaped parking will be located in the open

    countryside part of the site.

    Conversion (and disaggregation) is unavailable as an option.

    The benefits of the applicant staying in Corwen are significant and

    this £14M investment will certainly support the local economy; the

    alternative option is to relocate outside of the Borough

    (Deeside/Wrexham or beyond into England).

    The site is outside of the AONB, but the proposal has taken account

    of views in/out of the AONB and a sensitive and sympathetic quality

    design solution has been arrived at.

    PSE15

    Safeguarding minerals

    Despite the unallocated area of the site lying within a Minerals

    Safeguarding zone an assessment has found that it would not be

    physically or commercially feasible to undertake prior extraction

    due to the need for a Minerals Buffer Zone given the sites’ adjacent

    proximity to residential properties, which would mean only 0.2 ha of

    the site lying outside of this zone.

    PSE16

    Mineral buffer zones

    The buffer zone for hard rock is 200m and the buffer zone for

    sands/gravels is 100m.

    VOE1

    Key areas of importance

    Regard has been taken of the SAM at Caer Drewyn and the design

    and landscape solution for the site has been informed by this

    feature.

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    VOE2

    Areas of Outstanding

    Natural Beauty

    Regard has been taken of the adjacent AONB and the design and

    landscape solution for the site has been informed by this feature.

    VOE5

    Conservation of natural

    resources

    No protected species will be harmed; a dark corridor and buffer

    route along the northern perimeter of the site will be maintained

    along with ecological enhancement areas upon the site.

    VOE6

    Water management

    A Water Conservation Statement has been provided (as the

    scheme triggers the 1,000 sqm threshold).

    ASA2

    Provision of sustainable

    transport facilities

    No contributions have been identified during pre-application

    discussions pertaining to improvements to public transport, walking

    or cycling infrastructure.

    ASA3

    Parking standards

    The level of parking provided does exceed standards but the

    Highway Authority (in pre-application discussion) are keen to avoid

    under-parking and the problems that this generates on the existing

    Ty’n-y-Llidiart Industrial Estate.

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    Supplementary Planning Policy

    2.20 There are some relevant approved/adopted non-statutory supplementary

    planning guidance documents that exist which have been considered by the

    applicant team in preparing this proposal; these comprise the following:

    • SPG2 : Landscaping

    • SPG6 : Trees and Development

    • Trees & Landscaping (July 2016)

    An LVIA has been undertaken to show that the adjacent AONB and SAM

    (Caer Drewyn) are safeguarded. The site layout ensures that the building

    and service yard are located more favourably to the western side of the

    site. All boundary trees will be retained (and protected during

    construction) and enhanced levels of landscaping will be provided across

    the site to provide a quality design solution and soften areas of parking

    and provide buffer protection.

    • SPG18 : Nature Conservation and Species Protection

    • Conservation & Enhancement of Biodiverstity (April 2016)

    An extended Phase 1 assessment has been undertaken and safeguards

    are in place to ensure that any potential bat feeding corridor along the

    former railway line is enhanced and provided as a “dark corridor”

    • SPG8 : Access for all

    Grade level access into the buildings and across the site is provided along

    with mobility parking spaces to ensure those with mobility issues are served

    appropriately. Other internal building layout design considerations have

    sought to accommodate the needs of those with mobility challenges.

    • SPG15 : Archaeology

    A Desktop, geophysics and evaluation have been undertaken. The

    trenching methodology has been agreed with CADW, CPAT and the

    Archaeology Officer at Denbighshire.

    • SPG21 : Parking standards in new development

    • Parking Requirements in New Developments (October 2014)

    The proposed level sought has been deemed to be acceptable to the

    Local Highway Authority.

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    • Planning & the Welsh Language (March 2014)

    A Community Linguistic Impact Assessment (CLIA) accompanies and

    supports the application. It will show that the development will serve to

    enhance the use of Welsh as a language; the applicant is keen to provide

    language classes for its staff and that this will have positive community,

    cultural and social benefits as part of its investment. Bi-lingual signage will

    be one element that will assist alongside the employment training

    initiatives that Wholebake wish to develop and deliver.

    • Planning Obligations (November 2016)

    There is no Community Infrastructure Levy (CIL) in Denbighshire at present.

    The applicant does not consider any additional contributions ought to be

    levied upon the proposal that cannot otherwise be reasonably requested

    and applied by way of planning conditions. Indeed, the investment being

    made (to the tune of over £14M) is stretching the viability of the project

    and any additional burden placed upon it would be regarded as being

    unreasonable and not relevant to the development.

    We have considered this SPG and would also note that were a S106

    obligation sought (and at no time during pre-application discussion have

    Officers suggested one would be required) then the whole viability and

    feasibility of delivering this scheme would be jeopardised because the

    additional delay would throw the project off track and the applicant

    would almost certainly have to consider aborting and relocating their

    investment to an alternative site outside of the Borough.

    The application is already providing opportunities for staff wellbeing

    recreation and is committed to a programme of Welsh language training

    and development; sustainable access to /from and across the site is

    provided for and additionally, the applicant is prepared to provide and

    fund new signage and wayfinding for local features.

    2.21 Notwithstanding the fact that the applicant considers the proposal complies

    with each and every one of these documents the applicant must question

    what weight that can realistically be afforded them, not least because the

    relevant Acts (2004 and 2012) are clear as to the Regulations under which such

    guidance is published and the fact is that unless a document has been through

    “examination” its weight is tempered and diluted. In view of this, very limited

    weight can be given to such documents.

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    National Planning Policy

    2.22 The overarching policy framework in Wales comprises the Wales Spatial Plan

    (WSP) which provides the operational strategic framework for planning policy in

    the Principality, but is not spatially specific. WSP was updated in July 2008. Its 5

    core aims and objectives are to:

    o Build sustainable communities;

    o Promote a sustainable economy;

    o Value the environment;

    o Achieve sustainable accessibility and;

    o Respect distinctiveness.

    2.23 Planning Policy Wales (PPW) (Edition 9 November 2016) provides more detailed

    strategic guidance on planning policy and sets out land use policy, which is

    supplemented by the Technical Advice Notes (TAN’s) and by draft Ministerial

    Interim Planning Policy Statements (MIPPS).

    2.24 Chapter 7 to PPW is of particular importance as it deals with Economic

    Development; this is a rehearsal of what TAN 23 explores in more detail. Indeed,

    Para 7.2.2 states that : “Local planning authorities are required to ensure that the economic benefits associated with a proposed development are

    understood and that these are given equal consideration with social and

    environmental issues in the decision-making process, and should recognise that

    there will be occasions when the economic benefits will outweigh social and

    environmental considerations”.

    2.25 PPW Para 7.6.1 goes further by stating : “Local planning authorities should

    adopt a positive and constructive approach to applications for economic

    development. In determining applications for economic land uses authorities

    should take account of the likely economic benefits of the development based

    on robust evidence.”

    2.26 PPW cannot therefore be any clearer in its support for a proposal such as this.

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    2.27 The Welsh Government published “Planning for Sustainability” in March 2012 as

    a Consultation Document. It sets out the “direction of travel” for emerging

    planning policy in Wales and effectively indicates that the WG may consider

    introducing a “presumption in favour of sustainable development” or at least

    greater emphasis upon sustainable development, where developments

    enhance the economic, social and environmental well-being of people and

    communities now and over the long term and that weight is given to national

    policy in determining individual applications where policy in adopted or

    approved development plans is outdated or superseded.

    2.28 More recently the Planning (Wales) Act was published and granted royal assent

    in July 2015. It covered the following areas and makes statutory provision for

    (amongst others including a need to place greater emphasis on the Welsh

    Language) :

    o sustainable development to be at the core of all planning decisions

    and development planning policy

    o the provision for a National Development Framework for Wales; the

    designation of strategic planning areas, the establishment of strategic

    planning panels and preparation of strategic development plans; on

    the status of development plans; with joint planning boards and their

    functions;

    o standards of pre-application consultation by both applicants and the

    services to be provided by LPA’s to facilitate engagement

    o development management matters relating to application

    requirements, decision notices, duration of permissions

    o revised appeal and enforcement procedures and costs awards

    2.29 Secondary legislation is expected, but the general direction of travel appears

    that the emphasis will be to reflect the English system more closely with a view

    to supporting the delivery of new homes, jobs and infrastructure.

    2.30 Procedural advice is then set out in Circulars and Ministerial clarification letters.

    2.31 As such, these documents may be used as material planning considerations to

    the determination of individual planning applications.

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    2.23 The most relevant TAN’s (and MTAN’s) that are considered to be material in this

    instance comprise the following:

    • TAN5 : Nature Conservation & Planning (2009)

    • TAN6 : Planning for Sustainable Rural Communities (2010)

    • TAN8 : Renewable Energy (2005)

    • TAN11 : Noise (1997)

    • TAN12 : Design (2016)

    • TAN15 : Development & Floodrisk (2004)

    • TAN18 : Transport (2007)

    • TAN20 : Planning and the Welsh Language (2013)

    • TAN23 : Economic Development (2014)

    • MTAN 1 : Minerals Aggregates (2004)

    2.32 We do not consider it appropriate to slavishly cover each of them in exacting

    detail but instead we will summarise the key and salient and pertinent points

    from each of them. As a general comment we consider that the proposals

    comply with them all.

    Commentary

    TAN5 Protected species and habitats have been assessed and examined; with an extended Phase 1 Ecological Assessment undertaken.

    New areas of biodiversity are proposed and a “dark corridor” and buffer is

    identified along the northern perimeter of the site.

    TAN6 Although mainly dealing with agricultural related development this TAN does seek to support development that will serve to enhance the future sustainability of rural

    communities through new employment opportunities.

    Para 3.1.2 states that : Planning authorities should support the diversification of the

    rural economy as a way to provide local employment opportunities, increase local

    economic prosperity and minimise the need to travel for employment.

    Para 3.1.3 states that : Development plans should identify a diverse range of sites

    suitable for future employment use. Where possible sites should be located within

    or adjacent to settlements. Planning authorities should consider the need for a rural

    employment exception site policy that sets out the criteria against which planning

    applications for employment use on the edge of settlements, on sites which are not

    specifically allocated in the development plan, will be assessed. They should also

    promote the expansion of established businesses by setting out in the development

    plan the criteria against which planning applications for employment uses will be

    assessed. This should include supporting the expansion of businesses that are

    currently located in the open countryside provided there are no unacceptable

    impacts on local amenity. Where employment sites and premises are in short supply

    planning authorities should resist development proposals that could result in their

    loss.

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    Section 6.2 discusses agricultural land quality; we have established that the site

    comprises Grade 3b land which does not fall within the categories that should be

    retained and not lost.

    TAN8 Para 4.5 suggests that Development Plan policies should consider asking applicants to provide an Energy Design Report for scheme s over 1,000sqm. However,

    Denbighshire does not have such a policy and the Authority have not requested

    or sought such a report.

    TAN11 The application is supported by a noise impact assessment that serves to provide adequate mitigation measures that have been agreed with the Local Authority;

    combined with the design and layout solution we consider that this issues has been

    appropriately addressed.

    TAN12 As Para 2.5 states : Good design is not inevitable. It requires a collaborative, creative, inclusive, process of problem solving and innovation – embracing

    sustainability, architecture, place making, public realm, landscape, and

    infrastructure. The design solution arrived at (as expressed in the DAS) and the

    Landscape Design statement demonstrates that TAN12 has been followed and has

    taken a sensitive and sympathetic approach and response to the local natural and

    built environment assets.

    Para 5.12.2 is particularly relevant and states that : Large new employment

    buildings can often make a bold statement of their purpose. Recognising the

    functionality of business premises is important to ensure they contribute to the

    economic success of the occupier. However, robust design, high quality materials,

    flexibility of exterior and interior layout and appropriate landscape treatment such

    as earth form or planting, can help to integrate new business premises into their

    surroundings, minimise the need to artificially cool buildings and allow for easier

    conversion by successive occupiers. Service and utility features, exposed and

    imaginatively detailed, may in many cases provide elements of interest in otherwise

    plain facades. The need to consider the building and landscape maintenance

    processes once the development is completed is also essential to ensure that the

    development remains integrated.

    The applicant considers that this guidance has been met and issues of scale,

    appearance and materials have all been successfully resolved.

    TAN15 The site does lies with in a Flood Zone A (low risk category). Nonetheless an FCA has been undertaken along with Infiltration testing to prove

    that a sustainable method of surface water drainage can be achieved.

    Connections to the mains drainage facility is possible and whilst there is flow

    capacity there is no treatment capacity until an upgrade is developed. As a result,

    the applicant is proposing to provide an onsite private package treatment works

    to handle foul and waste water – the option is for this to be adopted or for a

    connection to be made to the mains foul once upgrade works have been

    undertake.

    TAN18 A range of transport related documents have been lodged in support of the application; including a Transport Assessment, Green Travel Plan, Construction

    Traffic Management Plan and Delivery Management Plan.

    TAN20 A Community Linguistic Impact Assessment is submitted to support the application.

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    TAN23 This is of significant material weight given that PPW defines economic development broadly so that it can include any form of development that generates wealth,

    jobs and income. It follows therefore, that the economic impact of these proposals

    must be given serious weight; the nature and extent of the benefits are provided in

    the summary section to this statement.

    The most relevant and pertinent Paragraphs in TAN23 comprise the following:

    Para 1.2.1 As a consequence it is essential that the planning system recognises, and

    gives due weight to, the economic benefits associated with new development.

    Para 1.2.2 PPW advises that planning for economic land uses should aim to provide

    the land that the market requires, unless there are good reasons to the contrary

    Para 1.2.5 Local planning authorities should recognise market signals and have

    regard to the need to guide economic development to the most appropriate

    locations, rather than prevent or discourage such development.

    Key factors in determining the weight and benefits of supporting schemes will be

    to ask the questions (posed under Section 2) of what are the alternatives, how

    many jobs will be directly provided and what other special merit might exist. Given

    that the site is (largely) an existing employment allocation we must presume that

    having been through Examination already that the Authority is satisfied that the site

    is an acceptable location for this sort of application and indeed nothing has been

    suggested otherwise during all our pre-application discussions; indeed, quite the

    contrary the Authority has been most positive about the proposals.

    Section 3 discusses supporting strong rural economies; recognising that sustainable

    development is essential to building strong and vibrant rural economic

    communities; assisting existing businesses to expand (instead of relocating) is

    important as it will assist in aligning existing and future homes and jobs. And priority

    should be given to allocated sites but unallocated sites too can be permitted if the

    resulting benefits outweigh any adverse impacts.

    MTAN1 This guidance recommends buffers of 100m (for sand/gravel) and 200m (for hard rock) extraction. In applying these thresholds, the amount of potential land is so

    limited as to be physically and commercially unfeasible.

    2.25 In conclusion, having assessed the relevant national planning policy guidance,

    it is our contention that the proposed development is supported, fully compliant

    and is endorsed by local and national planning policy.

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    3.0 SUMMARY BENEFITS IN SUPPORT

    3.1 This statement has assessed the suitability of the application site for the

    proposed development and having concluded that the proposal is inherently

    compliant with Local and National policy it is my opinion that this proposal must

    be approved.

    3.2 I have then sought to consider whether there happen to be any other material

    considerations that might balance out any reason for approval and actually

    outweigh its compliance with policy; to such an extent so as to make the

    proposal unacceptable.

    3.3 My conclusion is that there is nothing to prejudice a positive determination and

    indeed it is my opinion that suggests the exact opposite. What has been

    revealed by the site planning history, technical studies and pre-application

    consultation demonstrates that this proposal should be supported and

    encouraged to come forward.

    3.4 The principle of developing open countryside for industrial development is not

    something that is generally supported unless special circumstances can be

    demonstrated, however, in this instance we consider that we have presented

    a strong justification for the land that is outside of the employment allocation

    to be developed for the purposes proposed by this application, which is

    supported by the national and local planning policy guidance.

    3.5 I feel that all these matters add even greater compelling weight to the fact this

    proposal should be approved.

    3.6 Furthermore, the pre-application discussions held with the Council since August

    2016 has confirmed our belief that the proposal would be welcomed and was

    likely to be acceptable in meeting planning policy requirements. Such

    discussions have proven most useful in establishing the framework and direction

    of the proposals and we would like to thank the people involved in this process

    for this co-operative and helpful stance.

    3.7 The application is submitted in order to facilitate the implementation of the

    proposals and, subject to an approval during Q1 2017, this will pave the way

    for the site to be developed out with an estimated completion programme for

    Q1/Q2 2018.

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    3.8 We therefore feel that the proposals suitably reflect the intent inferred and the

    advice and guidance provided. We believe this statement, together with the

    accompanying and supporting documentation and associated plans

    demonstrate this and satisfactorily illustrate all the points that need to be

    considered.

    3.9 The development will achieve sustainable development in accordance with

    the emerging policy emphasis upon providing a series of economic, social and

    environmental net gains.

    3.10 We are of the opinion that a range of considerable public benefits are

    provided, which cumulatively present a compelling case as to why this scheme

    should be supported and granted planning permission. They can be

    summarised as scheme deliverables with roles in the following manner:

    ECONOMIC DELIVERABLES & ROLE

    ● The development will generate and directly support some 255 jobs within

    the resultant scheme; many of these are specialist in nature and are long

    term sustainable opportunities that will deliver prosperity and supply chain

    service sectors (e.g. catering, cleaning, building and landscape

    management/servicing, etc) will also benefit from contracts being

    awarded.

    ● The total project contract value for this project is in the region of £14.0M

    and this will help to secure existing construction jobs based locally and

    create new ones. In what are still tough economic times; skilled jobs in the

    locality that will help maintain employment and provide and contribute

    towards the ongoing economic investment in the locality is a significant

    bonus.

    ● Significant local spend during the construction period of the development

    will represent a big boost to existing businesses. Indeed, construction

    industry bodies have found that for every £1 spent in the construction

    industry this generates £3 in the local economy so with a £14.0M project this

    is an investment worth up to £42M; spend that will lead to new services

    being offered locally.

    ● Post-completion, the spending power of another 120+ employees; many of

    which will hopefully form households locally into the local economy can

    also be expected to be significant; thus sustaining local services and

    facilities beyond just the construction cycle.

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    ● The completed development will also generate Business Rates revenue for

    the Authority again playing a role in supporting and enhancing existing

    public services.

    ● This proposal seeks to deliver jobs, economic growth, investment and

    prosperity into the local economy.

    SOCIAL DELIVERABLES & ROLE

    ● Ensuring that local jobs are safeguarded and retained, with significant

    provision of new jobs that will allow existing employees to stay within the

    area, relocate to the area and allow new staff to be recruited from the

    area.

    ● Providing pedestrian links into and around the development; with safe and

    connective access for all public transport, cycle and pedestrian users;

    ensuring that delivery traffic is disaggregated from these more vulnerable

    users.

    ● Providing access for all sectors of the community, particularly those with

    mobility difficulties – the design incorporates DDA compliant grade access

    into the buildings and across the site.

    ● Accessible by foot/cycling to local amenities and facilities, and taking

    advantage of public transport interfaces (bus routes); thus promoting

    sustainable travel choices and reducing the need to travel using private

    modes of transport.

    ● Providing staff (and their families) with onsite wellbeing facilities – this

    investment in health and wellbeing is important for the company.

    ● The company is seeking to space onsite that will provide access to training

    and development of their staff and importantly this will involve community

    linguistic language courses – thus aiding wider community benefits to allow

    the Welsh language to be used and advanced; thus enabling community

    cohesion.

    ● The development of the site for a use that meets Highway safety needs and

    will provide for sufficient car parking spaces, turning and access for all

    refuse, emergency and delivery vehicles. By providing adequate levels of

    parking, unlike the provision on the adjacent industrial estate, this will avoid

    the problems of uncontrolled fly-parking, congestion and under-provision.

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    ● Although the development is seeking to be generally self-sufficient in terms

    of utility service infrastructure it is hoped that the development may provide

    the opportunity for statutory utility providers to upgrade local service

    infrastructure frailties (e.g. drainage capacity and treatment works) which

    will benefit existing residents and the wider community in being able to

    accommodate new growth in other sectors.

    ● It will serve to enhance the longer term sustainability of the wider settlement

    and with a latent workforce this ought to secure the future of local services

    and facilities and allow the settlement to be more vital, viable and maintain

    and enhanced level of community sustainability.

    ● The development represents an investment that will serve to help support

    and sustain other existing enterprises; thus securing local jobs and

    economic investment.

    ● The applicant is prepared to provide and/or fund bi-lingual onsite signage,

    plus new tourism information boards / way-finders relating to both former

    onsite heritage assets, offsite (Caer Drewyn) heritage asset features and

    PROW’s within the immediate vicinity of the application site.

    ENVIRONMENTAL DELIVERABLES & ROLE

    ● Resulting in the comprehensive development of the site with a sympathetic

    and sensitive design taking account of the neighbouring rural and urban

    grain and its landscape setting and character.

    ● The design has taken account and respect of its landscape setting,

    ecological habitat and tree / hedgerow infrastructure and sought to

    integrate these features and ensure maximum retention, mitigation and

    enhancement is enabled through new reinforced planting, buffer, dark

    corridor and biodiversity opportunities. The site is enclosed by natural

    features and the views in and out of the neighbouring AONB and the

    heritage asset to the east at Caer Drewyn will be safeguarded through the

    design layout, materials, design solution and landscape treatment

    proposed.

    ● Retaining connective, permeable and safe pedestrian links/routes into and

    adjacent to the development site; thus maintaining public access along

    the former railway corridor.

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    ● The proposed layout and detail of the scheme in design terms offers the

    highest quality design solution that could be expected for this site and the

    applicant has invested heavily in this to get it right and it will serve to

    significantly enhance the design quality of the area; thus benefiting the

    special character and appearance of the site in its rural / urban fringe

    setting.

    ● No demonstrable harm or detrimental impact will be caused to any areas

    of known interest, be these visual, residential, acoustic, lighting or highway

    interests.

    3.11 The development proposals therefore generate significant and mutually

    supportive economic, social and environmental benefits and gains which

    collectively constitute sustainable development in line with PPW and must not

    be underestimated.

    3.12 We consider these scheme deliverables should be afforded full weight as

    material planning considerations. They are significant enough to justify and

    demonstrate that the proposals are acceptable and would serve to outweigh

    any perceived or apparent concerns (or harms) that this proposal could be

    considered to have upon the locality, any open countryside designation and

    impact upon heritage and landscape assets.

    3.13 This proposal has also demonstrated that it is in full accordance and wholly

    compliant with all national and local planning policy and associated best

    practice guidance governing development proposals.

    3.14 We submit that considerable and significant weight should be afforded to the

    Policy documents referred to as material considerations in support of the

    proposals.

    3.15 This is a scheme of high quality and advanced sustainability; which strategically

    fits with planning policy and other material planning considerations.

    3.16 On this basis, and from the assessment of the relevant material planning

    considerations, we genuinely consider that the proposed development should

    be granted Detailed Planning Permission.

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    3.17 Any conditions that are to be attached should follow the guidance set out in

    Welsh Government Planning Circular 16/2014 whereby any planning conditions

    must meet the following six tests:

    ● Necessary;

    ● Relevant to planning;

    ● Relevant to the development to be permitted;

    ● Enforceable;

    ● Precise; and

    ● Reasonable in all other respects.

    3.18 We would request that in the event a draft decision notice and conditions are

    prepared, that we are fully involved in the process in order to ensure that the

    wording of such conditions meet the above tests and enable the swift

    commencement of development.

    3.19 This application is technically robust and it has been demonstrated that there

    are few, if any, negative impacts that would result. The overall planning

    balance is weighted strongly in favour of granting permission as per Section

    38(6) of the Planning & Compulsory Purchase Act 2004. The proposals must be

    supported and permission approved without any delay in accordance with the

    Framework because we have demonstrated that no adverse impacts are

    evident in impeding such a positive determination being reached and any

    impacts which might be judged to occur would have to significantly and

    demonstrably outweigh the benefits when assessed against policies of the

    Framework taken as a whole and in our opinion none exist.

    3.20 Accordingly, we commend these proposals to the Council.

  • Wholebake Ltd Planning Statement

    J10 Planning Ltd January 2017

    37

    APPENDIX A Pre-application

    correspondence

  • From: Gail McevoyTo: "Daniel Bimpson"; Mike ParkerCc: Justin PaulSubject: RE: Wholebake Site, CorwenDate: Tuesday, January 10, 2017 10:27:58 AMAttachments: 03. APP - Notes for Guidance [DCC].doc

    Daniel, I refer to your email and accompanying documents in relation to the scheme and would advise the following:

    · I note in the CTMP that a temporary access will be formed. Further details shall be provided on the siting, design and construction of this access and shall be subject to separate consent under Section 184 of the Highways Act 1980. Notes forGuidance attached for information.

    The Highway Authority advise, in principle, the DMP and CTMP are acceptable, and further details shall be submitted for approval upon Planning Permission. I trust this information is of assistance to you. Regards, Gail McEvoyPeiriannydd Rheolaeth Datblygiad - Engineer Development ControlGwasanaethau Cynllunio a Gwarchod y Cyhoedd / Planning & Public Protection ServicesFfon - Tel 01824 706882 Monday, Tuesday and Wednesday only. e bost [email protected] [email protected]

    From: Daniel Bimpson [mailto:[email protected]] Sent: 21 December 2016 09:39To: Gail Mcevoy ; Mike Parker Cc: Justin Paul Subject: Wholebake Site, Corwen Gail, Mike, You will recall that we discussed the scope of Transport Assessment for the above development last November.

    Since we spoke, I am aware that a pre-application meeting took place on 8th December, which Mike attended on behalf of Highways At the meeting, Mike requested that a Delivery Management Plan be produced to cover the operational phase of the development. We have also produced an Outline Construction Traffic Management Plan, to cover the construction phase. I attach the two documents in advance of planning submission for comment. I understand that the application will be made this week, so I would appreciate your thoughts at the earliest opportunity. Regards, Daniel Bimpson LLB (Hons) MSc MCIHT CMILTPrincipal Transport Planner |DD: 0151 728 1867 |M: 07703 787286 |LinkedIn

    From: Gail Mcevoy [mailto:[email protected]] Sent: 25 October 2016 10:36To: Daniel Bimpson Subject: RE: Scope of Transport Assessment Morning Daniel I should be able to get you something today, what time is your meeting ? Gail McEvoyPeiriannydd Rheolaeth Datblygiad - Engineer Development ControlGwasanaethau Cynllunio a Gwarchod y Cyhoedd / Planning & Public Protection ServicesFfon - Tel 01824 706882 Monday, Tuesday and Wednesday only. e bost [email protected] [email protected]

    From: Daniel Bimpson [mailto:[email protected]] Sent: 24 October 2016 11:34To: Gail Mcevoy Cc: David Schumacher Subject: RE: Scope of Transport Assessment Gail, Thanks for this. I have a project meeting on this site on Wednesday, so if we were perhaps able to discuss your initial thoughts by phone tomorrow afternoon/Wednesday morning once you’ve been out, it would be much appreciated. Let me know if this sounds like a possibility. Regards, Dan Daniel Bimpson LLB (Hons) MSc MCIHT CMILTPrincipal Transport Planner |DD: 0151 728 1867 |M: 07703 787286 |LinkedIn

    From: Gail Mcevoy [mailto:[email protected]] Sent: 24 October 2016 11:19To: Daniel Bimpson Subject: RE: Scope of Transport Assessment

    Hi Daniel, not yet, going out tomorrow in the area so I will get a response to you for Monday 31st as I also have planned leave. Regards, Gail McEvoyPeiriannydd Rheolaeth Datblygiad - Engineer Development ControlGwasanaethau Cynllunio a Gwarchod y Cyhoedd / Planning & Public Protection ServicesFfon - Tel 01824 706882 Monday, Tuesday and Wednesday only. e bost [email protected] [email protected]

    From: Daniel Bimpson [mailto:[email protected]] Sent: 24 October 2016 09:29To: Gail Mcevoy Cc: David Schumacher Subject: RE: Scope of Transport Assessment Hi Gail,

    mailto:[email protected]:[email protected]:[email protected]:[email protected]://uk.linkedin.com/in/danielbimpsonhttp://www.primetp.co.uk/mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://uk.linkedin.com/in/danielbimpsonhttp://www.primetp.co.uk/mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

    Highways Act 1980 – Section 184

    Construction/Alteration of Vehicular Crossings over the Footway or Verge

    Notes for Guidance to Applicants

    Background

    Section 184 of the Highways Act 1980 empowers the Highway Authority to issue consent to enable an applicant or applicant’s agent to carry out works within the highway limits to either construct a vehicular crossing, or alter an existing vehicular crossing, to serve properties or developments.

    All works for