Agenda item

Planning Application DC/19/2335/HYB - Council Depot, Olding Road, Bury St Edmunds (Report No: DEV/WS/20/039)

Report No: DEV/WS/20/039

Hybrid Planning Application - 1) Planning Application - Alter and extend existing warehouse/depot to create a new public/private sector hub with new sports and leisure facilities including new energy centre, surface car parks, a multi-storey car park, sports pavilion, associated landscaping and highways improvement works (following demolition of existing leisure centre, retail clearance building and ancillary buildings associated with former operational depot) 2) Outline Planning Application - Early years nursery

Minutes:

(Councillor Susan Glossop declared a non-pecuniary interest in this item in light of being the West Suffolk Cabinet Member under which the application fell. She would remain in the meeting but would not take part in the debate or the voting thereon.)

This application was referred to the Development Control Committee as the development was a major strategic site and the applicant was the Council.

The Committee were advised that a request for a Screening Opinion under Regulation 6 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 was received by the Local Planning Authority (LPA) on 20 June 2019. A Screening Opinion was subsequently issued on 7 August 2019, which concluded that the development was not Environmental Impact Assessment Development and as such an application would not require the submission of an Environmental Statement.

Members were also informed that amendments had been made during the course of the application to address landscape and ecology and highway matters. Additional information had also been submitted by the applicant in the form of a Transport Assessment Addendum, Cycleway Review and Addendum and additional plans in respect of the junction of Newmarket Road and Western Way.

The Principal Planning Officer drew attention to the ‘late papers’ that had been circulated supplementary to the agenda and which set out comments received from Network 2 Supplies together with proposed amendments to conditions No 53 (shuttle bus) and No 57 (approved plans).

The Officer also advised of the following typographical errors to the report:

· The measurement of 55m in Paragraph 13.4 should have read 15m

· Condition No 46 as detailed in Appendix 1 should have read “To ensure the development does NOT have a detrimental impact on the local junctions…”

· Condition No 54 as detailed in Appendix 1 should have referenced Condition No 32 and not No 30.

As part of the presentation the meeting was given a ‘fly through’ visualisation of the proposal.

Officers were recommending that the application be approved, subject to a S106 Agreement and conditions as set out in Appendix 1 of DEV/WS/20/039 inclusive of the amendments set out in the late paper and with an additional further condition in respect of junction capacity works at Beetons Way/Western Way.

Speakers: Lorraine Weaver-Smith (neighbouring resident) spoke against the application

David Cripps (West Suffolk Athletics Club) spoke against the application

Richard Torkington (agent) spoke in support of the application (via a pre-recorded audio file submission)

Considerable debate then took place by the Committee with a number of Members posing questions on elements of the application.

The Principal Planning Officer responded to the points raised as follows:

Residential Amenity/Car Park – Officers did not consider that the scheme would have a significant impact on residential amenity in view of the car park now having been reduced to two decks; when it was six decks within the Bury St Edmunds Masterplan. The proposal was likely to generate less noise than the depot previously generated on site and a detailed lighting scheme was to be submitted in order to reduce the impact on amenity;

Athletics Track – Members were advised that the applicant would continue to work with the athletics club. The proposal would enable improved car parking/access for events together with enhanced facilities at the leisure centre;

Waste – the intention was for this to be located at the Olding Road Car Park thereby ensuring that waste would be screened from residents via the existing woodland. Officers were working with colleagues in Waste Services to develop a Waste Management Plan;

Skate Park – the Committee were informed that the applicant was already working with skate park users; and

Highways – Councillors were assured that Officers had worked closed with Suffolk County Council Highways Officers on the scheme and a lot of detail was included within the Committee report. In summary, whilst there was acknowledgement that the development would have an impact on the highway network at peak times it was not considered to be severe.

Councillor David Roach proposed that the application be approved as per the Officer recommendation and inclusive of the amendments to/additional conditions as outlined by the Officer. This was duly seconded by Councillor Andy Drummond.

Upon being put to the vote and with 13 voting for the motion and with 3 abstentions it was resolved that

Decision

Planning permission be GRANTED subject the completion of a S106 agreement to secure the following obligations:

• £10,000 Traffic Regulation Order

• £5,000 Traffic Regulation Order

• £TBC contribution to Tollgate junction mitigation works

• Shuttle bus provision

And the following conditions:

Full application:

1 Surface Water Drainage Scheme

No development shall take place, with the exception of demolition and site clearance, until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The applicant shall submit a detailed design based on the Drainage Strategy by Pick Everard [ref:- MC/TJH/181377/17-2/R100 and dated 27th November 2019) and will demonstrate that surface water run-off generated up to and including the critical 100 year +CC storm will not exceed the run-off from the existing site following the corresponding rainfall event. Additional details to be submitted include:

i. Details of further infiltration testing on site in accordance with BRE 365 to verify the permeability of the site (trial pits to be located where soakaways are proposed and repeated runs for each trial hole). Borehole records should also be submitted in support of soakage testing.

2 Implementation, maintenance and management of the strategy for the disposal of surface water

No development shall commence until details of the implementation, maintenance and management of the strategy for the disposal of surface water on the site have been submitted to and approved in writing by the local planning authority. The strategy shall be implemented and thereafter managed and maintained in accordance with the approved details.

3 HGV Construction and Deliveries Management Plan

All HGV and construction traffic movements to and from the site over the duration of the construction period shall be subject to a Construction and Deliveries Management Plan which shall be submitted to the planning authority for approval a minimum of 28 days before any deliveries of materials commence.

No HGV movements shall be permitted to and from the site other than in accordance with the routes defined in the Plan.

The site operator shall maintain a register of complaints and record of actions taken to deal with such complaints at the site office as specified in the Plan throughout the period of occupation of the site.

4 Construction Method Statement

Prior to commencement of development, including any works of demolition, a Construction Method Statement shall be submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

i) The parking of vehicles of site operatives and visitors

ii) Loading and unloading of plant and materials

iii) Site set-up including arrangements for the storage of plant and materials used in constructing the development and the provision of temporary offices, plant and machinery

iv) The erection and maintenance of security hoarding including external safety and information signage, interpretation boards, decorative displays and facilities for public viewing, where appropriate

v) Wheel washing facilities

vi) Measures to control the emission of dust and dirt during construction

vii) A scheme for recycling/disposing of waste resulting from demolition and construction works

viii) Hours of construction operations including times for deliveries and the removal of excavated materials and waste

ix) Noise method statements and noise levels for each construction activity including piling and excavation operations

Access and protection measures around the construction site for pedestrians, cyclists and other road users including arrangements for diversions during the construction period and for the provision of associated directional signage relating thereto.

5 Contamination Investigation

Prior to commencement of development the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

i) A site investigation scheme,

ii) The results of a site investigation based on i) and a detailed risk assessment, including a revised Conceptual Site Model (CSM),

iii) Based on the risk assessment in ii), a remediation strategy giving full details of the remediation measures required and how they are to be undertaken. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency actions.

6 Remediation Strategy

No development approved by this planning permission shall take place until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

1. A Preliminary Risk Assessment (PRA) including a Conceptual Site Model (CSM) of the site indicating potential sources, pathways and receptors, including those off site.

2. The results of a site investigation based on (1) and a detailed risk assessment, including a revised CSM.

3. Based on the risk assessment in (2) an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency actions. The plan shall also detail a long term monitoring and maintenance plan as necessary. No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the remediation strategy in (3). The long term monitoring and maintenance plan in (3) shall be updated and be implemented as approved.

Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.

7 Submission of a detailed phasing plan

Prior to commencement of development a scheme for the construction of the development in successive phases shall be submitted to and approved in writing by the Local Planning Authority. The development of each phase shall be carried out in accordance with the approved details unless the prior written consent of the Local Planning Authority is obtained for any variation. No development forming part of any phase specified in the approved phasing scheme shall be commenced until all development in all previous phases has been carried out in accordance with the approved details.

8 Construction Surface Water Management Plan

No development shall commence until details of a Construction Surface Water Management Plan (CSWMP) detailing how surface water and storm water will be managed on the site during construction (including demolition and site clearance operations) is submitted to and agreed in writing by the local planning authority. The CSWMP shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction. The approved CSWMP and shall include:- a. Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include :

i. Temporary drainage systems

ii. Measures for managing pollution / water quality and protecting controlled waters and watercourses

iii. Measures for managing any on or offsite flood risk associated with construction.

9 Arboricultural Method Statement – Main site

Prior to commencement of development on the Western Way site (including any demolition, groundworks and site clearance) an Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The Statement should be in accordance with BS 5837:2012 - Trees in relation to construction - Recommendations, and shall include details of the following:

i) Measures for the protection of those trees and hedges on the application site that are to be retained. The scheme shall show the extent of root protection areas and details of ground protection measures and fencing to be erected around the trees, including the type and position of these. The protective measures contained with the scheme shall be implemented prior to commencement of any development, site works or clearance in accordance with the approved details, and shall be maintained and retained until the development is completed. Within the root protection areas the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon.

ii) Details of all construction measures that are exceptionally required within the 'Root Protection Area' (defined by a radius of dbh x 12 where dbh is the diameter of the trunk measured at a height of 1.5m above ground level) of those trees on the application site which are to be retained specifying the position, depth, and method of construction/installation/excavation of service trenches, building foundations, hardstandings, roads and footpaths, or other construction works,

iii) A schedule of proposed surgery works to be undertaken to those trees and hedges on the application site which are to be retained.

The development shall be carried out in accordance with the approved Method Statement unless agreed in writing by the Local Planning Authority.

10 Arboricultural Method Statement – Beeton’s Way North car park

Prior to commencement of development on Beeton’s Way North car park (including any demolition, groundworks and site clearance) an Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The Statement should be in accordance with BS 5837:2012 - Trees in relation to construction - Recommendations, and shall include details of the following:

iii) A schedule of proposed surgery works to be undertaken to those trees and hedges on the application site which are to be retained.

The development shall be carried out in accordance with the approved Method Statement unless agreed in writing by the Local Planning Authority.

11 Requirement to address presence of Cotoneaster plants on the site

Prior to the commencement of development, a scheme to address the presence of Cotoneaster (excluding any trees which are shown to be retained) on the site shall be submitted to and approved in writing by the local planning authority. The scheme shall detail the containment, control and removal of the species and replacements plants. The measures shall be carried out strictly in accordance with the approved scheme.

12 Materials/Samples/Details

Prior to the installation of any exterior finishes to the buildings hereby approved samples of the materialsto be used shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

13 Waste/recycling Compound

Prior to any preparatory works to the area on which the waste/recycling compound is to be located as shown on Drawing No. WES051-PEV-00-XX-DR-A-9102 Rev P04 (including tree and shrub removal) details of the design and appearance of the compound, including means of access, shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out strictly in accordance with the approved details.

14 Waste Management Plan

Prior to first use of the main Hub building and Leisure Centre a Site Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall include, but not be limited to, the following:

a. The volumes and types of waste to be generated across the site from the various locations;

b. The internal waste segregation and removal arrangements, including a review of any practical issues associated with the transfer of waste to the waste compound. Access from the different parts of the buildings to the site compound should not be impeded and must allow the safe manoeuvrability of waste containers. Unsuitable surfaces e.g. gravel, obstacles such as kerbs and significant inclines should be avoided. At this stage it is assumed that waste will be transferred using wheeled containers, of a size that can be decanted into the waste compound waste receptacles in line with manual handling guidance. Further information on how waste will be managed onsite would assist in the evaluation of this; and

c. How the waste system will support the waste management hierarchy e.g. recycling and waste reduction.

The site shall thereafter be operated in accordance with the approved details.

15 Hard Landscaping - Main Site

No development above ground level on the Western Way site (except for demolition works and works to remove external wall and roof coverings on the existing depot building) shall take place until details of a hard landscaping scheme for the site have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels and contours showing earthworks and mounding; surfacing materials; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulations areas; hard surfacing materials; minor artefacts and structures (for example furniture, play equipment, refuse and/or other storage units, signs, lighting and similar features); proposed and existing functional services above and below ground (for example drainage, power, communications cables and pipelines, indicating lines, manholes, supports and other technical features); retained historic landscape features and proposals for restoration where relevant. The scheme shall be implemented prior to the occupation of any part of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority).

16 Hard Landscaping – Beetons Way North Car Park. No development above ground level on the Beetons Way North Car Park (except for demolition works) shall take place until details of a hard landscaping scheme for the site have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels and contours showing earthworks and mounding; surfacing materials; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulations areas; hard surfacing materials; minor artefacts and structures (for example furniture, play equipment, refuse and/or other storage units, signs, lighting and similar features); proposed and existing functional services above and below ground (for example drainage, power, communications cables and pipelines, indicating lines, manholes, supports and other technical features); retained historic landscape features and proposals for restoration where relevant. The scheme shall be implemented prior to the occupation of any part of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority).

17 Soft Landscaping – Main Site. No development above ground level on the Western Way Site (except for demolition works and works to remove external wall and roof coverings on the existing depot building) shall take place until a scheme of soft landscaping for the site drawn to a scale of not less than 1:200 has been submitted to and approved in writing by the Local Planning Authority. The soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants noting species, plant sizes and proposed numbers/ densities; details of easements and no planting zones in respect of the drainage infrastructure. The approved scheme of soft landscaping works shall be implemented not later than the first planting season following commencement of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority). Any planting removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation.

18 Soft Landscaping – Beetons Way North Car Park. No development above ground level on the Beetons Way North Car Park (except for demolition works) shall take place until a scheme of soft landscaping for the site drawn to a scale of not less than 1:200 has been submitted to and approved in writing by the Local Planning Authority. The soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants noting species, plant sizes and proposed numbers/ densities; details of easements and no planting zones in respect of the drainage infrastructure. The approved scheme of soft landscaping works shall be implemented not later than the first planting season following commencement of the development (or within such extended period as may first be agreed in writing with the Local Planning Authority). Any planting removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation.

19 Landscape Management Plan – Main Site. No development above ground level on the Western Way Site (except for demolition works and works to remove external wall and roof coverings on the existing depot building) shall take place until a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules and periods for all soft landscape areas (other than small privately owned domestic gardens) together with a timetable for the implementation of the landscape management plan, has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out in accordance with the approved details and timetable.

20 Landscape Management Plan – Beetons Way North Car Park. No development above ground level on the Beetons Way North Car Park (except for demolition works) shall take place until a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules and periods for all soft landscape areas (other than small privately owned domestic gardens) together with a timetable for the implementation of the landscape management plan, has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out in accordance with the approved details and timetable.

21 Newmarket Road – Arboricultural Method Statement

No development above ground level shall take place until an Arboricultural Method Statement (including any demolition, groundworks and site clearance) in respect of the junction and carriageway improvements at the Newmarket Road/Western way junction have been submitted to and approved in writing by the Local Planning Authority. The Statement should include details of the following:

i. Measures for the protection of those trees and hedges on the site that are to be retained,

ii. Details of all construction measures within the 'Root Protection Area' (defined by a radius of dbh x 12 where dbh is the diameter of the trunk measured at a height of 1.5m above ground level) of those trees on the application site which are to be retained specifying the position, depth, and method of construction/installation/excavation of service trenches, building foundations, hardstandings, roads and footpaths,

iii. A schedule of proposed surgery works to be undertaken to those trees and hedges on the application site which are to be retained.

iv. Details of replacement trees for any removed as a result of the development.

v. The development shall be carried out in accordance with the approved Method Statement unless agreed in writing by the Local Planning Authority.

22 Energy Statement. No development above ground level (except for demolition works and works to remove external wall and roof coverings on the existing depot building) shall take place until an energy and sustainability statement for the development, based upon the Energy Statement dated 4 February 2020, Issue No. 3, shall be submitted to and approved in writing by the Local Planning Authority. The statement shall outline how the development has adhered to broad principles of sustainable design and construction and how energy efficiency will be optimised through the use of design, layout, orientation, materials, insulation and construction techniques. The development shall be carried out in accordance with the approved strategy.

23 Skate Park Design

No development above ground level (except for demolition works and works to remove external wall and roof coverings on the existing depot building) shall take place until details of the skate park are submitted to and approved in writing by the Local Planning Authority. The details shall include a timetable/phasing plan for the construction of the skate park. The works shall be carried out strictly in accordance with the approved details.

24 Ecological enhancement – Main Site

No development above ground level on the Western Way Site (except for demolition works and works to remove external wall and roof coverings on the existing depot building) shall take place until details of biodiversity enhancement measures to be installed at the site, including details of the timescale for installation, have been submitted to and approved in writing by the Local Planning Authority. Any such measures as may be agreed shall be installed in accordance with the agreed timescales and thereafter retained as so installed. There shall be no occupation unless and until details of the biodiversity enhancement measures to be installed have been agreed in writing by the Local Planning Authority.

25 Ecological enhancement – Beetons Way North Car Park

No development above ground level on the Beetons Way North Car Park (except for demolition works) shall take place until details of biodiversity enhancement measures to be installed at the site, including details of the timescale for installation, have been submitted to and approved in writing by the Local Planning Authority. Any such measures as may be agreed shall be installed in accordance with the agreed timescales and thereafter retained as so installed. There shall be no occupation unless and until details of the biodiversity enhancement measures to be installed have been agreed in writing by the Local Planning Authority.

26 Boundary treatments

No development above ground level (except for demolition works and works to remove external wall and roof coverings on the existing depot building) shall take place until details of the treatment of the boundaries of the site, including all internal fences and walls, have been submitted to and approved in writing by the Local Planning Authority. The details shall specify the siting, design, height and materials of the screen walls/fences to be constructed or erected and/or the species, spacing and height of hedging to be retained and / or planted together with a programme of implementation. Any planting removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by soft landscaping of similar size and species to those originally required to be planted. The works shall be completed prior to first use/occupation in accordance with the approved details.

27 Beetons Way external ramp details

No development above ground level (except for demolition works and works to remove external wall and roof coverings on the existing depot building) shall take place until details of the Beeton’s Way external ramp have been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details.

28 Shower/changing facilities

29 Athletics Track Management Details

No development above ground level (except for demolition works and works to remove external wall and roof coverings on the existing depot building) shall take place until details of the treatment of the land adjacent to the existing athletics track are submitted to the Local Planning Authority and approved in writing. The details shall include arrangements for the new pavilion building, storage facilities, fence lines/boundary treatment, car park management and overall space allocation for athletics events.

30 Contamination Remediation Strategy Verification Report

Prior to first operational use of the site a verification report demonstrating completion of works as set out in the remediation strategy (referred to in Conditions 5 and 6) shall be submitted to and approved, in writing, by the Local Planning Authority.

31 Air quality assessment

Prior to first operational use of the site, a detailed air quality assessment relating to the nursery on the junction of Newmarket Road and Western Way shall be submitted to, and approved in writing by, the local planning authority. The assessment shall provide details of the air quality impact on the Nursery building and playground and recommend mitigation measures where an adverse impact is determined. The mitigation measures shall be implemented as approved in accordance with an agreed timescale.

32 Travel Plan – Submission of Interim Travel Plan

Six months prior to first operational use of the site details of the travel arrangements to and from the site for employees, visitors and customers, in the form of an Interim Travel Plan in accordance with the mitigation measures identified in the submitted Outline Travel Plan Rev 3, shall be submitted for approval in writing by the local planning authority. The Interim Travel Plan must contain the following:

Baseline travel data based upon the information provided in the Transport Assessment, with suitable measures, objectives and targets identified targets to reduce the vehicular trips made by employees visitors and customers across the whole development, with suitable remedial measures identified to be implemented if these objectives and targets are not met
Appointment of a suitably qualified Travel Plan Coordinator to implement the Travel Plan in full and clearly identify their contact details in the Travel Plan
A commitment to monitor the vehicular trips generated by the employees visitors and customers and submit a revised (or Full) Travel Plan no later than six months after occupation
A further commitment to monitor the Travel Plan annually on each anniversary of the approval of the Full Travel Plan and provide the outcome in a revised Travel Plan to be submitted to and approved in writing by the Local Planning Authority for a minimum period of five years using the same methodology as the baseline monitoring
A suitable marketing strategy to ensure that all employees visitors and customers on the site are engaged in the Travel Plan process
A Travel Plan budget that covers the full implementation of the Travel Plan
A copy of an employee travel pack that includes information to encourage employees to use sustainable travel in the local area

The site shall not be occupied until the Interim Travel Plan has been agreed. The approved Interim Travel Plan measures shall be implemented in accordance with a timetable that shall be included in the Interim Travel Plan and shall thereafter adhered to in accordance with the approved Interim Travel Plan.

33 Details of SuDS components

Prior to first operational use of the site details of all Sustainable Urban Drainage System components and piped networks shall be submitted, in an approved form, to and approved in writing by the Local Planning Authority for inclusion on the Lead Local Flood Authority’s Flood Risk Asset Register.

34 Electric Vehicle Charging Point – Commercial. Prior to first operational use of the site, at least 5% of car parking spaces shall be equipped with working electric vehicle charge points, which shall be provided for staff and/or visitor use at locations reasonably accessible from car parking spaces. The Electric Vehicle Charge Points shall be retained thereafter and maintained in an operational condition.

35 Electric Vehicle Charging Infrastructure Strategy

Prior to first operational use of the site, an electric vehicle charging infrastructure plan shall be submit to, and approved in writing by, the Local Planning Authority. The plan shall provide details of where future provision will be provided to reach the required parking standard; trigger points for the addition of further charging infrastructure; and how the required electrical supply will be secured for each phase of future provision. The plan shall be implemented as approved.

36 Lighting Design/Strategy For Light-Sensitivity Main Site

Notwithstanding the details submitted with the application, prior to the installation of any external lighting and first operational use of the Western Way site, a Lighting Design Strategy shall be submitted to and approved in writing by the Local Planning Authority. In particular the strategy shall:

i) Identify those areas/features on site that are particularly sensitive for biodiversity; and that are likely to be disturbed by lighting;

ii) Show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) to demonstrate that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. No other external lighting be installed without prior consent from the Local Planning Authority.

37 Lighting Design/Strategy For Light-Sensitivity Beetons Way North Car Park

Notwithstanding the details submitted with the application, prior to the installation of any external lighting and first operational use of the Beetons Way North Car Park, a Lighting Design Strategy shall be submitted to and approved in writing by the Local Planning Authority. In particular the strategy shall:

i) Identify those areas/features on site that are particularly sensitive for biodiversity; and that are likely to be disturbed by lighting;

38 Signage Strategy – On-site

Prior to first operational use of the site details of an on-site signage strategy shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include directional signage for the benefit of pedestrians and cyclists. The signage shall be installed in accordance with the approved details.

39 Signage Strategy – Off-site

Prior to first operational use of the site details of an off-site signage strategy shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include directional signage for the benefit of pedestrians and cyclists and shall include key links to the town centre and sustainable transport links. The signage shall be installed in accordance with the approved details.

40 Parking - Western Way

The use shall not commence until the area(s) within the site shown on WES051-PEV-00-XX-DR-A-9102 P04 for the purposes of LOADING, UNLOADING, manoeuvring and parking of vehicles has been provided and thereafter that area(s) shall be retained and used for no other purposes.

41 Parking - Beetons Way North Car Park

The use shall not commence until the area(s) within the site shown on WES051-PEV-00-XX-DR-A-9104 REV P3 for the purposes of LOADING, UNLOADING, manoeuvring and parking of vehicles has been provided and thereafter that area(s) shall be retained and used for no other purposes.

42 Parking Management Plan

Prior to first use a Parking Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Parking Management Plan shall include details of how staff and visitors will be directed to the most appropriate car park and how car park use will be monitored and enforced and where appropriate how entry will be restricted to certain car parks. The details shall also include provision for athletics meetings alongside the existing athletics track.

43 Access - Beetons Way

The new vehicular access shall be laid out and completed in all respects in accordance with Drawing No. WES051-PEV-00-XX-DR-A-9104 REV P3 and made available for use prior to first operational use unless otherwise agreed in writing by the Local Planning Authority. Thereafter the access shall be retained in the specified form.

44 Access - Beetons Way South

The new vehicular access (roundabout) shall be laid out and completed in all respects in accordance with Drawing No. WES051-PEV-00-XX-DR-A-9102 REV P4 and made available for use prior to first operational use unless otherwise agreed in writing by the Local Planning Authority. Thereafter the access shall be retained in the specified form.

45 Access - Olding Road

The new vehicular access shall be laid out and completed in all respects in accordance with Drawing No. WES051-PEV-OO-XX-DR-A-9102 REV P4 and made available for use prior to first operational use. Thereafter the access shall be retained in the specified form.

46 Junction capacity works – Newmarket Road

Prior to first operational use, junction capacity works to the Newmarket Road junction with Western Way, based on Drawing Nos. WES-PEV-XX-XX-DR-C-0227 P03 and 181377-PEV-XX-XX-DR-C-0235 P01 shall be completed and available for use.

47 Junction capacity works – Asda roundabout

Prior to first operational use, junction capacity works to the Asda roundabout junction with Western Way, based on Drawing No. 181377-PEV-XX-XX-DR-C-0221 P03 shall be completed and available for use.

48 Junction capacity works – Olding Road

Prior to first operational use, junction capacity works to the Olding Road junction with Western Way, based on Drawing No. WES-PEV-XX-XX-DR-C-0225 REV P05 shall be completed and available for use.

49 Junction capacity works – Beetons Way/Western Way

Prior to first operational use, details of the Phase 4 junction capacity works to the Beetons Way junction with Western Way shall be submitted to and agreed in writing by the Local Planning Authority. The works shall be completed and available for use prior to first operational use.

50 Cycle storage

Prior to first operational use of any part of the site details of the cycle storage facilities for staff and visitors shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details in accordance with an agreed timetable.

51 Off-site improvements to cycle/pedestrian links

Prior to first use the off-site cycle mitigation shall be provided in accordance with the Transport Assessment, Issue Number 01, dated 27 November 2019, and Cycleway Review R003-TJH-181377/17-2-A1302.

52 Part L compliance

Prior to first operational use of the site details of the Part L compliance should be submitted to the Local Planning Authority. This should be the Part L BRUKL compliance documentation that is required by building regulations. The information provided should include information on ventilation, lighting, heating and cooling and unregulated loads and where required any documentation relating to overheating and air tightness.

53 Athletics track welfare facilities

Prior to first operational use a plan shall be submitted to and approved in writing by the Local Planning Authority, which demonstrates there are adequate welfare facilities, including changing and showering facilities, for the benefit of the existing athletics track and community users of the artificial pitch. If such facilities are dependent upon Community Use Agreements these shall also be submitted to and approved in writing by the Local Planning Authority.

54 Bus Service Improvements

Eight (8) months prior to the first operational use of the site, and with reference to the viability and benefits of the overall scheme, an assessment detailing proportionate mechanisms for bus service improvements shall be submitted to the Local Planning Authority.

For the avoidance of doubt the report shall assess the following;

1. The facilities within the building and on the site

2. Anticipated travel patterns for staff and visitors

3. Public transport hubs within Bury St Edmunds town centre

4. Recommendations to improve bus services to the site via either a shuttle bus service, extensions to the inter-urban network or a hybrid solution

5. Operational arrangements of the proposed bus service (route, frequency, tariff, vehicle size and accessibility

6. Operational constraints identified in the provision of the service

The assessment shall be approved in writing by the Local Planning Authority in consultation with Suffolk County Council and the recommendations carried out in full prior to first occupation of the site. The assessment shall be subject to twelve (12) monthly reviews for a period of five (5) years unless otherwise agreed in writing.

55 Travel Plan – Full Travel Plan

Within six months of first operational use of the site a Full Travel Plan shall be submitted for approval in writing by the Local Planning Authority. The Full Travel Plan shall be based on the detail required in accordance with Condition 32. The approved Full Travel Plan measures shall be implemented in accordance with a timetable that shall be included in the Full Travel Plan and shall thereafter adhered to in accordance with the approved Full Travel Plan.

56 Demolition Method Statement (existing leisure centre)

Prior to the demolition of the existing leisure centre a Demolition Method Statement shall be submitted to and approved in writing by the Local Planning Authority. The details shall include an assessment of existing trees on or adjacent to the site of the leisure centre and measures for the protection of the trees during the course of demolition

57 Time Limit- Detailed The development hereby permitted shall be commenced no later than 5 years from the date of this permission.

58 Approved Plans The development hereby permitted shall not be carried out except in complete accordance with the details shown on the approved plans and documents.

59 Unexpected Contamination

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.

60 Continued Use of Existing Leisure Centre

The existing leisure centre serving the community shall remain operational until the new facilities are completed and ready for use.

61 Protection of athletics track and any associated open space

The existing athletics track shall remain open and operational at all times during the demolition and construction phases of the development, and shall thereafter remain in use as an athletics track together with its associated access in perpetuity unless otherwise agreed in writing by the Local Planning Authority.

62 Restrict use of Beetons Way North Car Park

The use of the Beeton’s Way North Car Park shall be restricted to staff employed within the Hub, existing and proposed Leisure Centre and West Suffolk House and shall not be used by visitors to the site.

63 Submission of solar panel details on buildings

Prior to the installation of any photovoltaic panels on the Hub building hereby approved, details of the panels including their location and dimensions shall be submitted to and approved in writing by the Local Planning Authority. The panels shall thereafter be installed in accordance with the approved details.

64 Submission of solar panel canopy details

Prior to the installation of any photovoltaic canopies details of the canopies including their location and dimensions shall be submitted to and approved in writing by the Local Planning Authority. The canopies shall thereafter be installed in accordance with the approved details.

65 Decked car park details

Prior to work commencing on the construction of the decked car park details of the car park, including its internal and external appearance and access onto Beetons Way, have been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with the approved details.

66 Waste Compound – Woodland management plan

Prior to work commencing on the construction of the waste/recycling compound (including site and vegetation clearance) a woodland management plan for the area surrounding the compound, including long term objectives, management responsibilities and maintenance schedules shall be submitted to submitted to and approved in writing by the Local Planning Authority. The woodland management plan shall be implemented in accordance with the approved details and timetable.

67 Foundation Design

Piling, or any other foundation designs and investigation boreholes using penetrative methods, shall not be permitted other than with the written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

68 CHP characteristics

The physical and emission characteristics of the CHP and Boilers included within the energy centre must be as detailed within (or better than detailed, in relation to impacts on air quality) Table 1 of the RSK letter report reference 443584-02 (01) dated 3^rd February 2020.

69 BREEAM Standards

No later than 12 months after the building hereby approved is first brought into use, a certificate demonstrating that the hereby approved building has gained at least a BREAAM Very Good status shall be submitted to the Local Planning Authority.

70 Ecology report requirements

The development shall be carried out strictly in accordance with the Ecological Constraints, Opportunities and Recommendations within the Preliminary Ecological Appraisal dated 15 August 2019 prepared by RSK ADAS Ltd (Western Way) and the Preliminary Ecological Appraisal dated May 2019 prepared by RSK ADAS Ltd (Beetons Way).

71 Visibility - Beetons Way

Before the access is first used clear visibility at a height of 0.6 metres above the carriageway level shall be provided and thereafter permanently maintained in that area between the nearside edge of the metalled carriageway and a line 2.4 metres from the nearside edge of the metalled carriageway at the centre line of the access point and a distance of 43 metres in each direction along the edge of the metalled carriageway from the centre of the access. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the areas of the visibility splays.

72 Visibility- Beetons South Way

73 Visibility - Olding Road

74 Noise limit

The noise when all plant is operating on site shall produce a maximum rated LAeq,T of 47 dBv during the daytime and LAeq,T of 42 dB at night, when measured and/or calculated in accordance with BS4142:2014 at any of the nearest residential properties.

Outline planning permission:

1 Time Application for the approval of the matters reserved by conditions of this permission shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. The development hereby permitted shall be begun not later than whichever is the latest of the following dates:-

i) The expiration of three years from the date of this permission; or

ii) The expiration of two years from the final approval of the reserved matters; or,

iii) In the case of approval on different dates, the final approval of the last such matter to be approved.

2 Reserved matters

Prior to commencement of development details of the access, appearance, landscaping, layout, and scale(hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out as approved.

3 Noise assessment

Any reserved matters application submitted for, or including, the construction of a nursery (including early years, or pre-school setting) shall be accompanied by a scheme or schemes of noise mitigation which aims to ensure that there is at least one area suitable for outdoor teaching activities where noise levels are below 50dB LAeq, 30mins, during normal school opening house, as advocated within the Institute of Acoustics and Association of Noise Consultants ‘Acoustics of Schools: a design guide’ (November 2015). In the event that an outdoor teaching area with noise levels below 50dB LAeq, 30mins cannot be achieved, then an assessment of noise levels, and details of the mitigation options considered and to be implemented shall be submitted to and approved in writing by the Local Planning Authority. The development shall adopt the proposed scheme or schemes of noise mitigation as stated. The approved scheme shall thereafter be maintained as required and retained.

4 Surface water drainage scheme

Concurrent with the first reserved matters application(s) a surface water drainage scheme shall be submitted to, and approved in writing by, the local planning authority. The scheme shall be in accordance with the approved FRA and fully implemented as approved. Details to be submitted include:

1. Details of further infiltration testing on site in accordance with BRE365 to verify the permeability of the site (trial pits to be located where soakaways are proposed and repeated runs for each trial hole). Borehole records should also be submitted in support of soakage testing.

2. Impermeable areas plan for the entire site – cross referenceable with hydraulic calcs.

3. Dimensioned drawings of the main aspects of surface water drainage system (for highway, buildings and all other hardstanding).

4. Modelling results (or similar method) to demonstrate that the infiltration device has been adequately sized to contain the critical 100yr+CC event for the catchment area they serve. Each device should be designed using the nearest tested infiltration rate to which they are located. A suitable factor of safety should be applied to the infiltration rate during design.

5. Infiltration devices shall only be used where they do not pose a threat to groundwater. There shall be at least 1.2m of unsaturated ground between base of the device and the groundwater table. Demonstration of adequate treatment for surface water shall be submitted. SuDS features should demonstrate betterment to water quality due to the site being in a Source Protection Zone.

6. If individual soakaways are being used they will be at least 5m away from any foundation (or more depending on strata).

7. Infiltration devices should aim to have a half drain time of less than 24hours.

8. Modelling of any pipe network in the 1 in 30yr rainfall event to show no above ground flooding.

9. Topographic plans shall be submitted depicting all safe exceedance flow paths in case of a blockage within the main SW system and/or flows in excess of a 1 in 100 year rainfall event. These flow paths will demonstrate that the risks to people and property are kept to a minimum.

10. Minimum clearance to roots shall be applied to all underground pipework in line with Sewers for Adoption 6th Edition.

5 Implementation, maintenance and management of the strategy for the disposal of surface water

Concurrent with the first reserved matters application(s) details of the implementation, maintenance and management of the surface water drainage scheme shall be submitted to and approved in writing by the local planning authority. The strategy shall be implemented and thereafter managed and maintained in accordance with the approved details.

6 Arboricultural Impact Statement

Concurrent with the first reserved matters application(s) an Arboricultural Impact Assessment shall be submitted to and approved in writing by the Local Planning Authority. The Assessment shall also include the following:

(i) Measures for the protection of those trees and hedges on the application site that are to be retained. The scheme shall show the extent of root protection areas and details of ground protection measures and fencing to be erected around the trees, including the type and position of these. The protective measures contained with the scheme shall be implemented prior to commencement of any development, site works or clearance in accordance with the approved details and shall be maintained and retained until the development is completed. Within the root protection areas the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon.

(ii) Details of all construction measures that are exceptionally required within the 'Root Protection Area' (defined by a radius of dbh x 12 where dbh is the diameter of the trunk measured at a height of 1.5m above ground level) of those trees on the application site which are to be retained specifying the position, depth, and method of construction/installation/excavation of service trenches, building foundations, hardstandings, roads and footpaths, or other construction works,

(iii) A schedule of proposed surgery works to be undertaken to those trees and hedges on the application site which are to be retained.

The development shall be carried out in accordance with the approved Method Statement unless agreed in writing by the Local Planning Authority.

7 Ecological enhancement

Concurrent with the first reserved matters application details of biodiversity enhancement measures to be installed at the site, including details of the timescale for installation, shall be submitted to and approved in writing by the Local Planning Authority. Any such measures as may be agreed shall be installed in accordance with the agreed timescales and thereafter retained as so installed. There shall be no occupation unless and until details of the biodiversity enhancement measures to be installed have been agreed in writing by the Local Planning Authority.

To secure biodiversity enhancements commensurate with the scale of the development, in accordance with policies DM11 and DM12 of the West Suffolk Joint Development Management Policies Document 2015, Chapter 15 of the National Planning Policy Framework and all relevant Core Strategy Policies.

8 Part L compliance

9 Junction capacity works – Beetons Way/Western Way

Supporting documents: