plot e, xl business park, skelmersdale. planning brief · plot e, planning brief july 2009 1 . xl...

XL Landowners

Plot E, XL Business Park, Skelmersdale. Planning Brief August 2009

XL Landowners Plot E, Skelmersdale

Revision Schedule Revision Schedule Planning Brief Planning Brief February 2009 (Draft 2) February 2009 (Draft 2)

Rev Date Details Prepared by Reviewed by Approved by

01 January 2009 Draft One Gareth Jones Technical Director

Gary Pearse Lancashire County Council


02 February 2009

Draft Two Gareth Jones Technical Director



Gareth Jones West Lancashire Borough Council

Gary Pearse Lancashire CC

03 August Draft Three 2009 Technical Director

This document has been prepared in accordance with the scope of Scott Wilson's appointment with its client and is subject to the terms of that appointment. It is addressed to and for the sole and confidential use and reliance of Scott Wilson's client. Scott Wilson accepts no liability for any use of this document other than by its client and only for the purposes for which it was prepared and provided. No person other than the client may copy (in whole or in part) use or rely on the contents of this document, without the prior written permission of the Company Secretary of Scott Wilson Ltd. Any advice, opinions, or recommendations within this document should be read and relied upon only in the context of the document as a whole. The contents of this document do not provide legal or tax advice or opinion. © Scott Wilson Ltd 2007

Scott Wilson 4 Foxcombe Court Wyndyke Furlong Abingdon Oxfordshire OX14 1DZ Tel 01235 468700 Fax 01235 468701 www.scottwilson.com


Table of Contents

1 Introduction......................................................................................... 1

2 Planning Context ................................................................................ 1

3 Planning Policy................................................................................... 4

4 Plot E – Existing Conditions ............................................................... 5

5 Development Arrangements............................................................... 5

Plan One : Site Location................................................................................ 8

Plan Two : Site Context................................................................................. 9

Appendix 1 – Outline Planning Permission ................................................. 10

Appendix 2 – West Lancashire Replacement Local Plan, Policy GD1........ 11

Appendix 3 – Supplementary Planning Guidance....................................... 12


1 Introduction 1.1 Plot E forms part of the XL site to the east of Statham Road. It is defined by the north-east

boundary of the site to the north and the Asda depot to the south. The site, as shown on Plan 1 totals 2.32ha (5.73 acres) gross.

1.2 Unlike the pattern of existing development on site, this plot is not of sufficient size for a large B8 use. The site however is available for all B-class uses and can be deployed for one or a number of occupiers.

1.3 The site is to be marketed by the landowners and this Brief has been prepared to assist developer and occupier interest. It advises upon the planning opportunities and issues that are relevant in the preparation and determination of planning proposals for all or part of the site.

1.4 This Brief has been prepared in consultation with West Lancashire Borough Council who have indicated that they are content that it interprets the planning issues correctly and can provide the basis for detailed proposals to emerge on the site.

1.5 Prior to the marketing of this site, the landowners contemplated the submission of their own planning application for a small unit scheme. However, that pre-supposes an exact pattern of development with specific occupier requirements to hand. There is no guarantee that a planning application scheme would anticipate accurately the likely local interest. In these circumstances this approach has been discounted. At this stage flexible guidance is required and following discussions with officers of West Lancashire Borough Council we have agreed to prepare this Brief.

1.6 The Brief is supported by an illustrative ‘plan’; this anticipates the sub-division of the site into a number of small plots facilitating building by local firms units of their own design and specification. This plan is for guidance only and does not prescribe a solution for a set number of plots.

1.7 The Brief has been accepted by officers representing West Lancashire Borough Council as providing, at the time of writing, acceptable policy and other guidance. Potential occupiers or any other parties interested in promoting buildings on Plot E are recommended to discuss their proposals with the Borough Council in advance of any planning application. Pre-application discussion, in any event, is considered to be good practice and can benefit both applicant and the local planning authority.

2 Planning Context 2.1 The land occupied by the XL site was originally Green Belt. In order to satisfy economic

objectives this land, in the late 1990s, was removed from the Green Belt and allocated for employment development. Outline planning permission for the site with a gross area approaching 50 hectares was granted in December 2001.

2.2 Two major companies occupy land and buildings on site and other than for Plot E, the remaining plots are owned by Gazeley UK Ltd which has obtained planning permission for

Plot E, Planning Brief July 2009 1


large industrial/warehousing buildings. The main site infrastructure was completed some time ago and has been adopted by the relevant agencies.

2.3 The outline planning permission for the whole XL site (reference 8/2000/0801) has now expired. Most of its major requirements have been discharged and implemented. Whilst Plot E, as a consequence, does not strictly benefit from an outstanding planning permission, the District Council has made it clear that material to the consideration of any proposals is the historical outline, supported by the land allocation confirmed in the adopted Replacement Local Plan and supported by Supplementary Planning Guidance (SPG).

2.4 Plot E is included within the external boundary defined by all these references. The status of the land for B1, B2 or B8 uses is therefore unequivocal.

2.5 To assist investors in Plot E, the following analysis of all the conditions included within the historical outline is provided, together with any comments relevant to the deployment of Plot E, in total or in part.

Condition No.

Content Comment

1. Date for Reserved Matter

submissions Permission expired

2. Provision of key site infrastructure Completed

3. B1, B2 and B8 users only To be noted

4. Access Conditions

Fulfilled

Highway infrastructure in place and site access

defined.

5. Planning Issues Not relevant

6. Provision of cycle routes

Fulfilled. Cycle paths provided along Statham

Road and dealt with by other permissions on

site.

7. Construction Access

Fulfilled for the major site. Construction will

need to be managed within the boundaries of

Plot E.

8. Building heights restricted

To be noted. For industrial/office units the 15

metre max height is likely to be more than

sufficient. If a greater height is required,

exceptional reasons will need to be provided in

tandem with any evaluation.

9. Integrity of landscape belt

To be noted. The 30 metre belt is divided into

two parts. No intrusion into the external 15

metre belt will be countenanced; if necessary

for site circulation purposes, some flexibility is

possible within the internal 15 metre dimension.



(To be amended following receipt of scaled

drawings).

10. Floor levels Information to be provided by all applications.

See para 4.3.

11. Disabled access To be noted

12. Gas control measures To be noted

13. Landscaping details Completed, bar one section (see para 4.2

below)

14. Landscape Details Information to be provided by any application.

15. Existing landscape To be noted

16. Central green corridor Completed

17. Spa Lane roundabout Completed

18. Ecological Surveys Completed

19. Archaeological Surveys Completed

20. Archaeological detail Not relevant

21. Drainage Scheme Completed. Each plot/building will need to

show connection.

22. Oil, fuels, chemicals To be noted. Any application with such content

will need to show how resolved.

23. Noise protection To be noted. Each application will need to

address noise control measures.

24. Maximum Noise levels

Any noise assessment/control needs to show

how this maximum noise level can be

maintained.

25. Lighting controls To be noted

2.6 A full copy of this planning permission is included in Appendix 1. Some matters referred to above will appear again in the section dealing with ‘planning application requirements’.

2.7 The Borough Council has advised that it considers the analysis contained in this table to be helpful. However interests in Plot E should note that the outline planning permission dates from 2001 and therefore there is a need to discuss proposals with the Council and determine any additional issues over and beyond the context set by the historical planning permission.



3 Planning Policy 3.1 National Planning Policy makes it clear that sufficient land should be made available which is

both readily capable of development and also well served by infrastructure. Plot E is available; is serviced and is accessible to the main road network.

3.2 The site forms part of a larger allocation included in the adopted West Lancashire Replacement Local Plan adopted in 2007. Policy DE5 identifies the ‘Stanley Extension Site’ as Site 14 where the Council will permit industrial, business, storage and distribution uses’. This equates to use classes B1, B2 and B8 as defined by the Use Classes Order.

3.3 Commentary to the policy (para 5.33) refers to sites being made “available to suit a variety of needs”. The XL site has been occupied by Asda and Comet and two further large buildings have been granted planning permission. Development of a much smaller scale on Plot E will provide the “variety” required by the Local Plan.

3.4 Local Plan Policy GD1 “Design of Development” is relevant. This defines a wide range of criteria that need to be taken into account by all development schemes. The planning criteria relevant to the development of Plot E are as follows:

“v. incorporates recycling collection facilities, or composting and rainwater collection facilities, unless the applicant demonstrates that it is inappropriate to provide them;

vi. designed to minimise any reduction in air quality

vii. incorporates measures to reduce light spillage;

ix. complements or enhances any attractive attributes of its surroundings through sensitive design which includes appropriate siting, orientation, scale, materials, its design should relate to the existing building, in terms of design and materials and should not detract from the character of the street scene or the surrounding area.

xii. incorporates design features which assist in conserving the use or energy, water and other natural resources;

xv. incorporates design features which assist in conserving the use of energy, water and other natural resources.

xvi. is deigned to prevent sewerage problems;

xviii. creates an environment that is accessible to all sectors of the community including children, elderly people and people with disabilities;

xx. incorporates suitable and safe access and road layout design and vehicle and cycle parking provision, which meet the requirements of the latest Lancashire Planning and Access Standards.”

3.5 Policy GD1, together with its explanation, is included in full within Appendix 2.



3.6 Supporting the Replacement Local Plan is Supplementary Planning Guidance – ‘Land to the west of Stanley Industrial Estate, Skelmersdale’. This is included within Appendix 3 and was originally prepared on 2000 prior to the determination of the original outline planning application for the overall XL site. Its intent was to guide the preparation of initial proposals for the site, including for boundary treatment and access. Most of the SPG requirements have been met but nonetheless some detailed matters relating to car parking standards, surface water treatment and landscaping remain relevant.

3.7 Any planning application submitted for Plot E will need to show how the requirements of Policy GD1 and the SPG have influenced the preparation of the scheme.

3.8 The Council has also prepared an SPG providing advice on ‘Site Planning, Layout and Design’. Any planning application proposals for individual buildings as Plot E should also refer to this guidance, including the demonstration how such guidance has influenced the final design solution.

4 Plot E – Existing Conditions 4.1 The site is irregular in shape, effectively constituting two individual ‘arms’ served off a single

access point. The external site boundaries are defined by extensive mounding which has been landscaped. These mounds will ensure that development is effectively screened when viewed from existing dwellings to the north of the site.

4.2 There is one area where mounding is incomplete. This area is shown on Plan 2 in green hatching. The planning permission gained by Gazeley UK Ltd for Plot D opposite provides for the area facing the Spa Lane roundabout to be mounded and planted. The responsibility for that exercise is also contractually bound by the sale of Plot D by the landowners to Gazeley UK Ltd. However, in the event that Plot E is developed in advance of Plot D, the landowners have retained the right to complete the bunding themselves.

4.3 A topographical survey of the site has been prepared. This shows average site levels at about 54.5 metres AoD with the top of the adjacent mounds about 3 metres higher. Statham Road, on average is more than 2 metres below existing site levels. Given that up to 1.5 metres of top soil exists on site and assuming development at the level of the clay strata, finished floor levels are likely at about 53 metres.

4.4 Earlier and later geotechnical investigations show that the site is not affected by historical coal mining operations. Standard construction is therefore anticipated.

5 Development Arrangements 5.1 The access to the site from Statham Road is fixed and it is likely that the on-site access will be

as shown on Plan No 1. All the building, car parking and site circulation arrangements will be retained within the net development areas coloured blue on Plan 2.

5.2 As said in the Introduction, the landowners, at this stage, cannot presume any particular solution. Initial market intelligence suggests that the site will be of attraction to local firms who



will wish to build and occupy their own building. However a developer-led unit scheme cannot be discounted.

5.3 The first occupier on site will need to assemble its own proposals plus progress the details of an extended 6 metre-wide access solution for the remainder of Plot E.

5.4 Any planning application will need to provide a ‘Design and Access Statement’ as required by Department of Communities and Local Government Circular 01/2006. Within that applicants will need to justify the proposal and show how and why the building and design arrangement is necessary and appropriate. Applicants are advised to refer to the relevant clauses within Replacement Local Plan Policy GDI and to the following matters, founded within the former outline planning permission:

• the relevant use class;

• the height of the building;

• finished floor levels;

• arrangements for disabled access to the building;

• any provision for on-plot landscaping;

• surface and foul water drainage connection details;

• external lighting.

5.5 The original outline included Condition 12 and the requirement for gas control measures. Given that all top soil will be removed from the site it is anticipated that gas control measures will not be required.

5.6 By reference to the SPG applications will need to show car parking and circulation arrangements, together with any facilities for the manoeuvring of large vehicles. These will need to link the on-site access road in a forward manner. The applicants will also need to show the means of enclosure to any scheme, including any security fencing.

5.7 Individual buildings for individual occupiers will lead to a variety of styles and influences. Experience suggests that to specify one type of finish and roof structure will constrain interest.

5.8 Given the scale of the overall site and likely plot sizes industrial buildings are likely to be ‘single’ storey with the potential for mezzanine floors. Window and door penetration to the rear of such buildings, facing Statham Road, are likely to be limited. Office accommodation is appropriate at two storey heights with windows front and rear.

5.9 Unless there are special reasons to provide otherwise, parking and circulating space will be direct off the internal site access road. It is likely that a maintenance and circulation area will separate any building from the rear boundary. All external storage will be forward of the building and screened from Statham Road. Visitors and exceptional parking is possible within that part of the 30 metre landscape area along the site boundary.

5.10 To the rear of Plot E are located a number of residential properties and the local planning authority may need to address how any occupation of land and buildings on Plot E could affect residential amenity, particularly at night and weekends. The existing landscape mounds have



the potential to ameliorate noise effects. Nonetheless, potential occupiers may need to assemble evidence to demonstrate that their activity will not give rise to local disturbance. This evidence could relate, for example, to the nature of the activity; hours of operation and control over activity external to the building

5.11 By definition however, B1 use class developments pass the ‘amenity test’ and should be acceptable near neighbours to residential properties. Nonetheless it is likely that the local planning authority may impose conditions upon individual proposals for the site, aimed at both enabling reasonable industrial activity and protecting residential amenity.

Building Yard & Parking

Internal Access Road

Existing Mounding

Figure 1. Notational Site Layout/Cross Section – West to East and South to North



Plan One: Site Location



Plan Two: Site Context



Appendix 1 – Outline Planning Permission



Appendix 2 – West Lancashire Replacement Local Plan, Policy GD1



Appendix 3 – Supplementary Planning Guidance


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