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APPLICATION NO: 3/2008/0582 The erection of a food superstore (Class A1), cinema (Class D2), 2 no. leisure units (class d2), 2 no. restaurants (Class A3) and new football stadium (Class D2), with associated parking, servicing, highways works and hard and soft landscaping (detailed application) and industrial development (Class B2/B8) (outline application), leisure and retail development site St Helens Industrial Estate, St Helen Auckland, Bishop Auckland Terrace Hill (Bishop Auckland) Limited
West Auckland



Chris Baxter 01388 761987

On 20 November 2008 Wear Valley District Council Development Control Committee considered a report and supplemental report relating to the above development proposals by Terrace Hill (Bishop Auckland) Ltd. Copies of the report, supplemental report and minutes are annexed for Members’ information. The main report recommended that a Section 106 Legal Agreement was required which would need to make reference to a phasing scheme for the site which would prevent the retail development proceeding in isolation from the proposed infrastructure works for the industrial premises which are fundamental to the Council’s support for this scheme. The legal agreement would also need to include details of the transfer of the industrial land to the Council. The officer recommendation in the report in relation to the proposed Section 106 Agreement is reproduced below: Since the proposal is for a retail unit with a gross floor space exceeding 2500 sq.m, in accordance with the provisions of the Town and Country Planning (Shopping Development) (England and Wales) (No. 2) Direction 1993, if Members are minded to grant planning permission the Department for Communities and Local Government must be consulted and


given an opportunity to ‘call-in’ the application for the Minister’s decision. That Members are minded to GRANT planning permission subject to the applicants first signing a Section 106 legal agreement setting out: (a) (b) details of the phasing of the development; and transfer of the industrial land to the Council.

The supplemental report which was placed before the Committee advised Members that in respect of the Section 106 Agreement that the transfer of the industrial land was not required as it was not within the ownership of the Developer but owned by the Council. Further discussions have been undertaken between officers of the Council and the agent and applicant for this development. Consideration has been given to Government advice in Planning Circular 05/05 which states that if there is a choice between imposing conditions and entering into a Section 106 Agreement, the imposition of conditions which satisfy the tests of Planning Circular 11/95 is preferable. Therefore, a condition which provides details of the phasing of the development and will ensure the infrastructure for the proposed industrial land (Class B2/B8 land) is considered to be acceptable and preferable to a Section 106 Agreement. In addition Members are asked to note that the proposed phasing of the development as set out in the recommendation in the main report will not only include the phasing of the infrastructure for the proposed industrial development (Class B2/B8 land) but will also incorporate the phasing of the proposed football stadium which is welcomed. The application was the subject of lengthy debate with considerable attention being paid to the issue of whether a decision should be deferred to permit consideration at a subsequent meeting when another superstore application in the vicinity was likely to be on the agenda. The Committee ultimately endorsed the recommendation in the report that they should be minded to approve the application. The need for a phasing scheme was an integral part of the report and there is no suggestion in the detailed Minutes of the discussion that any Member disagreed with that part of the report. In addition to a phasing condition, two further conditions and an amendment to Condition 13 is considered necessary. These two additional conditions relate to the spoil heap which is currently located to the south west of the application site. The removal of the spoil heap is considered essential as part of the application as it prepares the land for future B2/B8 industrial use. The developer has agreed to the removal of this spoil heap. A condition is therefore recommended for details of site levels and finished floor levels to be submitted to the local planning authority which will ensure the spoil heap is removed to ground level. A detailed condition relating to a scheme for dealing with contamination will ensure that the spoil heap is removed in a satisfactory manner. In order to accommodate the additional conditions for the spoil heap, Condition 13 which was recommended in the original committee report is required to be slightly revised. It has therefore proved necessary to bring this aspect of the application back to Members to obtain the necessary authority to confirm that the recommended conditions are acceptable and therefore the Section 106 Agreement is no longer required.


That the Committee approve the following revision to Condition 13 and three additional conditions: Condition 13 No development shall commence on that part of the site identified in blue on plan reference B523-PL-23 other than that required to carry out the decontamination scheme, shall commence until a scheme to deal with contamination, which shall include an investigation and assessment to identify the extent of contamination and the measures to be taken to avoid risk to the public, the buildings and the environment when the site is developed, has been implemented and a verification statement produced by a suitably qualified person has been submitted to the local planning authority. Condition 16 Unless otherwise agreed by the local planning authority, no development shall commence (other than that required to be carried out as part of an approved scheme of remediation) on that part of the site identified in red on plan reference B523-PL-23 until an investigation and risk assessment has been undertaken and a remediation scheme prepared, submitted to, and approved by the local planning authority. If unexpected contamination is found after development has begun, development on that part of the site identified in red on plan reference B523-PL-23 must cease until a revised remediation scheme, incorporating measures to remediate the unexpected contamination has been submitted to, and approved by, the local planning authority. The investigation and risk assessment must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site and the contents of the scheme shall be approved in writing by the local planning authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The remediation scheme should demonstrate how that part of the site identified in red on plan reference B523-PL-23 is to be brought to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be prepared. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. Unless otherwise agreed in writing by the local planning authority the approved remediation scheme shall be carried out prior to the commencement of any development on that part of the site identified in red on plan reference B523-PL-23. The local planning authority shall be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local planning authority. Should the remediation scheme conclude that ongoing monitoring and maintenance is necessary, so as to ensure the long-term effectiveness of the remediation is secured, a report which details the methodology (including details of the frequency and overall duration) for carrying out the monitoring and maintenance shall be submitted to, and approved by the local planning authority. The report should also confirm the means by which the effectiveness of the monitoring and maintenance are to be recorded, in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.


Condition 17 Before the construction of each building hereby approved is commenced, detailed drawings including sections showing the existing and proposed site levels and the finished floor levels of those buildings and those of existing neighbouring buildings shall be submitted to and approved in writing by the local planning authority and the buildings shall be completed in accordance with the approved details. Condition 18 Prior to the commencement of development, details of the phasing of the development shall be submitted to and approved by the local planning authority. The phasing scheme shall ensure that the approved access to the B2/B8 industrial site and the football stadium are developed prior to the food store commencing trading. The development shall be carried out in accordance with the approved details.

Report and Supplementary Report to Development Control Committee 20 November 2008 th Minutes of Development Control Committee 20 November 2008


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