Planning Services

COMMITTEE REPORTAPPLICATION DETAILS

APPLICATION NO: DM/15/00709/FPA

FULL APPLICATION DESCRIPTION:Extension to distribution centre (B8 land use) in 2 phases (10,000m2 & 7,000m2) including to storage enclosure and plant room, additional sprinkler tank and pump room, changes to HGV route and car park, and landscaping.

NAME OF APPLICANT: Lidl UK.

ADDRESS: Moordale Road, Aycliffe Business Park, Newton Aycliffe.

ELECTORAL DIVISION: Aycliffe East

CASE OFFICER:Peter Herbert, Senior Planner03000 261391, peter.herbert@durham.gov.uk

DESCRIPTION OF THE SITE AND PROPOSALS

The Site:

1. The Aycliffe based Lidl Regional Distribution Centre (RDC) is located on the southern edge of the Aycliffe Business Park to the south east of Newton Aycliffe Town Centre, approximately one mile from Junction 59 of the A1(M) motorway.

2. To the north lies open land, within the south west corner of which is positioned an informal RDC overflow car park. Beyond, the Millennium Way Business Park distributor road runs in an east-west direction, off which Moorland Road runs in a southerly direction to serve the RDC. To the south is open countryside. Bridleways 10 and 11 (Great Aycliffe) run to the south and west of the application site.

3. To the east is open land with the Compound Electronics factory beyond, while to the west runs a railway line in a north-south direction with open countryside beyond. There are no ecological designated sites within the site or vicinity. Immediately to the north-west is a piece of land known as Moordale Park. This is an enhanced habitat area, contained by a permanent amphibian barrier, to which a small population of great crested newts? were relocated when the RDC was built in 2007.

4. The present RDC building covers 38,929m2 in floor area, and measures 313m in length, 167m in width, and averages 17m in height. The structure has a shallow curved roof in muted grey and blue, and is of profiled cladded panel construction with exposed aggregate concrete plinth walling. Roughly rectangular, the building stands within a fenced compound, inside which is a heavy goods vehicle (HGV) circulation route and manoeuvring areas, parking, open pallet storage area and ancillary substation and tanks. Belts of trees grow along the site’s southern and western boundaries.

The Proposal:

5. The Newton Aycliffe RDC is one of nine Lidl regional warehouse and distribution centres in the UK serving the Company’s food stores. As part of an expansion programme additional warehousing and support accommodation is required to service both existing and proposed stores.

6. The RDC would be extended in an easterly direction onto open land between the existing building and Compound Electronics. The development would take place in two phases. The first would increase the floorspace by 10,000m2, and include the enclosure of the existing pallet store (1,561m2), the formalisation of the current overflow car park, additional sprinkler tank and pump room, and the reconfiguration of the HGV circulation route with associated landscaping. The second phase would comprise an additional 7,000m2 of floorspace, with associated amendments to the HGV circulation route to allow vehicular movement around the enlarged building in a clockwise direction.

7. The first phase extension would increase the building’s length by 63m. The second by a further 54m. The width would remain the same as that of the existing building, as would the height. Design and materials would also replicate what is currently there. Boundary fencing would match the existing at 2m in height and be of galvanised steel mesh between hollow steel posts.

8. Existing perimeter trees would be managed, with pruning carried out where necessary and additional tree planting undertaken along the northern, eastern and southern boundaries to soften the impact of the extensions.

9. The site currently employs 270 full and part time staff. Once fully extended this would increase to 340 full and part time staff. The RDC runs a 24 hour operation with shift working.

10. A total of 139 car parking spaces, of which 86 are formalised within the main fenced compound and the remainder located in the loose surfaced overflow car park, are currently provided. Parking for 15 cycles and 18 HGVs is also located within the main compound. It is proposed that car parking space numbers be increased to 179, with 86 within the compound and the remainder in an enlarged overflow car park formally laid out and surfaced. Two electric car parking spaces and a double charging point would be included within the compound. Cycle parking would be upgraded to 48 stands, half of which to be covered. HGV parking would be increased by 27 spaces to 45.

11. This application is reported to Committee as it represents a major development.

PLANNING HISTORY

12. The Aycliffe Lidl RDC was constructed in 2007 (Planning Permission No. 7/2006/0774/DM) and has been operating from the Moordale Road site ever since

PLANNING POLICY

NATIONAL POLICY:

13. The Government has consolidated all planning policy statements, guidance notes and many circulars into a single policy statement, the National Planning Policy

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

14. The presumption in favour of sustainable development set out in the NPPF requires local planning authorities to approach development management decisions positively, utilising twelve ‘core planning principles’. The following elements of the NPPF are considered relevant to this proposal:

15. NPPF Part 1 – Building a Strong, Competitive Economy. The Government is committed to securing economic growth in order to create jobs and prosperity, building on the country’s inherent strengths, and to meeting the twin challenges of global competition and of a low carbon future.

16. NPPF Part 4 – Promoting Sustainable Transport. The transport system needs to be balanced in favour of sustainable transport modes, giving people a real choice about how they travel. It is recognised that different policies and measures will be required in different communities and opportunities to maximize sustainable transport solutions which will vary from urban to rural areas. Encouragement should be given to solutions which support reductions in greenhouse gas emissions and reduce congestion.

17. NPPF Part 7 – Requiring Good Design – The Government attaches great importance to the design of the built environment, with good design a key aspect of sustainable development, indivisible from good planning. Planning policies and decisions must aim to ensure developments; function well and add to the overall quality of an area over the lifetime of the development, establish a strong sense of place, create and sustain an appropriate mix of uses, respond to local character and history, create safe and accessible environments and be visually attractive.

18. NPPF Part 11 – Conserving and Enhancing the Natural Environment - The planning system should contribute to, and enhance the natural environment by; protecting and enhancing valued landscapes, recognizing the benefits of ecosystem services, minimising impacts on biodiversity and providing net gains in biodiversity where possible, preventing new and existing development being put at risk from unacceptable levels of soil, air, water or noise pollution or land instability, and remediating contaminated and unstable land.

http://www.communities.gov.uk/documents/planningandbuilding/pdf/2116950.pdf (National Planning Policy Framework)

19. The Government has recently cancelled a number of planning practice guidance notes, circulars and other guidance documents and replaced them with National Planning Practice Guidance (NPPG). The NPPG contains guidance on a number of issues, and of particular relevance to this proposal is guidance relating to design, flood risk, travel plans, transport assessments and statements in decision-taking

http://planningguidance.planningportal.gov.uk/ (National Planning Practice Guidance)

LOCAL PLAN POLICY:

Sedgefield Borough Local Plan (1996) (SBLP)

20. Policy IB2 (A) – Designation of Type of Industrial Estate – identifies the application site as lying within a Prestige Business Area.

21. Policy IB5 – Acceptable Uses In Prestige Business Areas – allows (inter alia) business, general industry and warehousing land uses on such estates.

22. Policy IB13 – Extension to Industrial and Business Premises – states a presumption in favour of such proposals provided adjacent industrial and business premises are not adversely affected, the site is not over intensively developed and there are no negative impacts in respect of residential amenity, area character or traffic generation.

23. Policy D1 – General Principles for the Layout and Design of New Developments – states that new developments will be expected to follow specified principles in respect of layout and design to include (inter alia) account being taken of the site’s natural and built features, of neighbouring land uses and activities, energy conservation, accommodation of the needs of users and safe access.

24. Policy D2 – Design for People – requires new development to take account of personal safety, the access needs of users and the provision of appropriate facilities.

25. Policy D3 – Design for Access – requires developments to make satisfactory and safe provision for access by a range of transport modes.

26. Policy D4 – Layout and Design of New Industrial and Business Development – expects such development proposals to include an appropriate standard of design, safely accommodate the traffic generated, and have an appropriate standard of landscaping and screening, where appropriate.

27. Policy E15 – Safeguarding of Woodlands, Trees and Hedgerows – seeks to protect areas of woodland and important groups of trees in the consideration of development proposals.

The County Durham Plan

28. Paragraph 216 of the NPPF says that decision-takers may give weight to relevant policies in emerging plans according to: the stage of the emerging plan; the extent to which there are unresolved objections to relevant policies; and, the degree of consistency of the policies in the emerging plan to the policies in the NPPF. The County Durham Plan was submitted for Examination in Public in April 2014 and stage 1 of that Examination has been concluded. However, the Inspector’s Interim Report which followed, dated 18 February 2015, has raised issues in relation to the soundness of various elements of the plan. In the light of this, policies that may be relevant to an individual scheme and which are neither the subject of significant objection nor adverse comment in the Interim Report can carry limited weight. Those policies that have been subject to significant objection can carry only very limited weight. Equally, where policy has been amended, as set out in the Interim Report, then such amended policy can carry only very limited weight. Those policies that have been the subject of adverse comment in the interim report can carry no weight. Relevant policies and the weight to be afforded to them are discussed in the main body of the report.

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

(City of Durham of Durham Local Plan)http://durhamcc-consult.limehouse.co.uk/portal/planning/ (County Durham Plan)

CONSULTATION AND PUBLICITY RESPONSES

STATUTORY RESPONSES:

29. Highways England – No objection is raised. The predicted additional traffic generated from this proposal is judged to fall short of having a severe impact on Junction 59 of the A1 (M). However, it is recommended that an existing Travel Plan operational at the RDC be updated to take account of the proposed increase in both operation size and staff numbers.

30. The Highway Authority – No objection is raised subject to conditions requiring a travel plan and approval of certain plans. It is concluded that predicted additional vehicle trip rates are unlikely to have a material impact on junctions within the local highway network. The number of parking spaces to be provided is considered acceptable, while the provision of additional cycle parking and two electric vehicle charging points is welcomed.

31. Environment Agency – No objection is raised but comments are provided in terms of surface water disposal and car parking area noting that drainage from parking areas being via an oil interceptor.

32. Northumbrian Water – No objection is raised, subject to it being a condition of any planning approval that a detailed scheme for the disposal of foul and surface water be approved prior to development commencing.

INTERNAL CONSULTEE RESPONSES:

33. Design & Conservation – No objection is raised. Whilst accepted as being significantly large within local views, the proposed extensions would be seen in context with other large buildings on the edge of the Business Park. Officers consider there would be no adverse impact on heritage assets in the vicinity due to an absence of intervisibility.

34. Landscape – No objection is raised. The site does not lie within any locally or nationally designated landscape. The proposed extensions will be clearly visible, particularly in views from the south, but the simple roofline will mitigate visual impact relative to other existing structures within the area.

35. Ecology – No objection is raised. The submitted Ecological Assessment has been reviewed and its conclusions accepted. It is recommended that the implementation of mitigation measures detailed within Section E of the report be a condition of any planning permission.

36. Archaeology – No objection is raised.

37. Access and Rights of Way – No objection is raised. Whilst Bridleways 10 and 11 (Great Aycliffe) run to the south and west of the application site, neither would be affected by the proposals.

38. Environmental Health and Consumer Protection (Noise Action Team) – No objection is raised.

39. Environmental Health and Consumer Protection (Air Quality) – No objection is raised in terms of the impact the proposed development may have on air quality. The application site does not lie within, or in close proximity to, either a declared Air Quality Management Area or a known source of an air quality pollutant. The predicted increase in traffic movements falls below the threshold judged to trigger impact on local air quality.

40. Environmental Health and Consumer Protection (Contaminated Land) – No objection is raised stating that officers have assessed the available information and historical maps with respect to land contamination and have no adverse comments to make.

41. Drainage & Coastal Protection – No objection is raised, subject to sustainable drainage principles being followed.

42. Business Durham – fully supports this application, stating that the proposed extension and associated job creation comes at a pivotal time to underpin the strategic development of Lidl. Furthermore it will support the on-going growth that is evident in Newton Aycliffe and provide sustainable job creation.

PUBLIC RESPONSES:

43. This application has been publicised by means of press notice, site notices and individual letters to neighbouring properties.

44. Letters of support for this application have been received from Great Aycliffe Town Council and the former Liberal Democrat Parliamentary Candidate for the constituency of Sedgefield.

APPLICANTS STATEMENT:

43 Lidl UK have submitted a planning application to extend the existing Regional Distribution Centre located in Newton Aycliffe. The RDC is positioned on the southern boundary of a group of Industrial and business parks. The RDC shares Aycliffe Industrial Park with an adjacent factory unit. To the north on the opposite side of Millennium Way there is an established business park known as Heighington Business Park. To the south and west of the site there is open farmland apart from the railway line that runs north to south to the west of the site.

44 In addition to the existing RDC in Newton Aycliffe, Lidl currently distributes from 8 regional warehouses, located in Livingston, Lutterworth, Weston-super-Mare, Belvedere, Bridgend, Enfield, Runcorn and Northfleet.

45 As part of Lidl’s current expansion programme, additional distribution facilities are necessary to support the food store portfolio expansion across the North East of England. An extension to Lidl’s existing RDC in Newton Aycliffe is considered to be the most appropriate solution.

46 The application seeks approval for an additional 17,000sqm of warehouse space, which is planned to be implemented in two separate phases. The first phase is a 10,000sqm extension together with associated amendments to circulation and landscaping areas.

47 The proposal also includes additional staff car parking facilities and an increase in cycle parking provisions. In addition, we are also committed to providing an electric vehicle charging point on site. There will also be up to 70 additional full & part time jobs available at the extended facility.

48 We have worked closely with the Local Authority and consultees to address any queries as they have arisen, and we are extremely pleased that the application has been recommended for approval.

49 We consider that the proposed extension and refurbishment of the existing Regional Distribution Centre will integrate successfully into the existing environment and will be of social and commercial benefit to the area.

The above represents a summary of the comments received on this application. The full written text is available for inspection on the application file which can be viewed at

http://publicaccess.durham.gov.uk/online-applications/search.do?action=simple&searchType=Application

PLANNING CONSIDERATIONS AND ASSESSMENT

50 Having regard to the requirements of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the relevant Development Plan policies, relevant guidance and all other material planning considerations, including representations received, it is considered that the main planning issues in this instance relate to the principle of the development; visual and landscape impact, highway safety and parking and ecology.

Principle of Development

51 An RDC building has operated from the application site since 2007, and it is located within a Prestige Business Area as defined by Policy IB2 (A) of the SBLP. Policy IB5 allows such land uses (B8 – storage and distribution) on such an estate. Accordingly, the acceptability of the principle of such development in this location has beenfirmly established.

52 It can therefore be concluded that the principle of the proposal is acceptable, and in full compliance with the objectives of Policies IB2 (A) and IB5 of the SBLP.

53 The acceptability of the extension of the building must also be assessed against Policy IB13 of the SDLP. These matters are considered in the relevant sections of this report.

Visual and Landscape impact

54 A Visual Impact Assessment supporting the application concludes that overall the proposed extensions can be assimilated into the existing landscape and built environment without any significant visual impacts. It concludes also that this development would not adversely affect the experience of those living and working in, or passing through, the immediate area, or negatively impact upon long distance views. This is broadly accepted. The proposed extensions are of a significant size, eventually increasing the existing building by approximately 44%. However, by continuing the existing building line, utilising a style and materials that replicate its appearance, and filling a gap between the Lidl building and the Compound Electronics factory, both sizeable structures, the proposal would not look out of context and nor would the character of the area change.

55 In the judgement of the Council’s Design and Conservation Officer, the design, scale and massing are acceptable within the site’s context, and there are no residential properties adversely affected, the nearest approximately 330 m to the south east, Hill House Farm, being of sufficient distance away not to be affected and having not raised any objection.

56 The nearest heritage assets lie approximately 800 m to the north east in the form of Aycliffe Village Conservation Area and the grade 1 listed St Andrews Church. However, as a result of intervening topography, mature trees and buildings, there is virtually no intervisibility between the application site and the heritage assets. Therefore their setting and significance would not be affected by this proposal.

57 In respect of impact on the landscape, the proposal’s location on the southern edge of the business park will render it visible from countryside to the south. However, this is not locally or nationally designated landscape. By virtue of the extension’s simplicity and linear form, it will be less visually intrusive than other large industrial buildings in the vicinity, and the bulk will over time be visually tempered by the proposed boundary planting, which would be established at the time of extension’s first phase implementation to enable it to mature prior the implementation of the second phase. No existing trees would be affected.

58 The extension of the building is deemed to be acceptable when measured against Policy IB13 of the SDLP as it is not considered that adjacent industrial and business premises would be adversely affected, the site is not over intensively developed, and it is not considered there would be negative impacts in respect of residential amenity, or area character.

59 Accordingly it is concluded that the objectives of Policies D1, D4, E15 and IB13 of the SBLP and NPPF Part 7 have been met.

Highway Safety and Parking

60 The Transport Assessment accompanying this application concludes that the anticipated increase in staff numbers of approximately 70 will occur gradually as distribution demand from an expanding Lidl store network increases, and all would not be present on site at one time due to shift working. Moreover, it is estimated that the maximum total increase in staff movements would be around 32 which would occur around the midday changeover period.

61 To accommodate staff increases an additional 40 parking spaces would be provided which, in association with a revised Travel Plan, is said to satisfactorily address additional demand. The applicants are prepared to implement both these measures in advance of either of the phases of warehouse extensions being operational. The revised HGV circulation arrangements are a logical and effective extension to the existing arrangements necessitated by the extended building.

62 Traffic generated by an expanded RDC are stated to have a de minimis impact on the local highway network and on Junction 59 of the A1 (M) in particular, with a maximum potential increase in vehicular traffic movement predicted as 25 in each direction per hour, to include staff, visitor and HGV movements.

63 Both the local Highway Authority and Highways England accept these predictions and offer no objections, subject to appropriate planning conditions designed to secure the additional parking provision and updated Travel Plan. The Highway Authority and Highways England are satisfied that traffic generation levels would not impact on the local road network in a harmful manner. Highway impact is considered acceptable.

The objectives of Policies D2 D3, and IB13 of the SBLP and Part 4 of the NPPF are therefore considered to have been met.

Ecology

64 An Ecological Assessment accompanying the application concludes the application site to be low risk in terms of protected species. When the RDC was originally built great crested newts on the site were relocated to adjacent land, and the current proposal would not impact on this, nor have great crested newts recolonised the land upon which the current proposal would be constructed. However, a mitigation strategy relative to the protection of nesting birds has been proposed. The Council’s Ecologist accepts the Assessment’s findings, and subject to the mitigation measures being undertaken the objectives of NPPF Part 11 are considered to have been met.

CONCLUSION

65 This proposal represents a significant and welcome financial investmentment in one of County Durham’s key business parks, with clear economic benefits to the region both directly in terms of on-site jobs and indirectly by supporting the expansion programme of Lidl stores throughout the North East.

66 Although of considerable size, the applicant has demonstrated that the proposed phased extensions can be visually assimulated within their surroundings and the wider landscape through simplicity of form, materials choice and additional tree planting.

67 The additional traffic predicted to be generated is not considered to be significant in terms of the smooth and safe operation of the local highway network, its junctions and Junction 59 of the A1(M). This would be reinforced by an updated Travel Plan.

68 No ecological impact would result from this proposal, subject to proposed mitigation measures being undertaken. In addition there would beno negative impact upon neighbouring businesses or residential amenity.

69 No letters of objection have received, and the application has the support of Great Aycliffe Town Council, a former local parliamentary candidate and Business Durham.

70 Therefore this proposal is considered to be a sustainable form of development offering considerable economic benefits, and fuly compliant with relevant policies of the SBLP and relevant sections of the NPPF, including in particular Part 1 that seeks to build a strong and competetive economy.

RECOMMENDATION

That application DM/15/00709/FPA is APPROVED subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. The development hereby approved shall be carried out only in accordance with the approved plans and specifications contained within following documents:

SITE LOCATION PLAN K15/0001 001 REV BPROPOSED SITE & ROOF PLAN (10,000 m EXTENSION) K15/0001 202 REV BPROPOSED ELEVATIONS (SHEET 1 OF 2) 10,000 m EXTENSION K15/0001 206PROPOSED ELEVATIONS (SHEET 2 OF 2) 10,000 m EXTENSION K15/0001 207PROPOSED SECTIONS (10,000 m EXTENSION K15/0001 205 REV APROPOSED GROUND FLOOR PLAN (10,000 m EXTENSION) K15/0001 203 REV APROPOSED FIRST FLOOR PLAN (10,000 m) EXTENSION) K15/0001 204 REV APROPOSED SITE & ROOF PLAN (17,000 m EXTENSION) K15/0001 102 REV EPROPOSED ELEVATIONS (SHEET 1 OF 2) 17,000 m EXTENSION K15/0001 106 REV APROPOSED ELEVATIONS (SHEET 2 OF 2) 17,000 m EXTENSION K15/0001 107 REV APROPOSED SECTIONS (17,000 m EXTENSION) K15/0001 105 BPROPOSED GROUND FLOOR PLAN (17,000 m EXTENSION) K15/0001 103 REV CPROPOSED FIRST FLOOR PLAN (17,000 m EXTENSION) K15/0001 104 REV CLANDSCAPE PROPOSALS DLA-1644-(02)-01 REV APROPOSED SPRINKLER TANK & PUMP HOUSE K15/0001 101PROPOSED ADDITIONAL CAR & CYCLE PARKING PROVISION SCP/15025/D01 ECOLOGICAL ASSESSMENT (BARRETT ENVIRONMENTAL FEBRUARY 2015) SECTION E (MITIGATION)

Reason: To secure an acceptable form of development that meets the objectives of Policies IB2 (A), IB5, IB13, D1, D2 & D4 of the Sedgefield Borough Local Plan 1996.

3. Prior to development commencing a scheme for the disposal of surface and foul water, to include the provision of car park oil interceptors, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the approved scheme shall be carried out in full.

Reason: In the interests of sustainable drainage and reduced flood risk, in accordance with the objectives of Policy IB13 of the Sedgefield Borough Local Plan 1996. The required information is necessary prior to the approved development commencing due to its particular nature.

4. Prior to the first occupation of phase 1 (10,000 m extension) of the hereby approved development the additional car and cycle parking provision shown in drawing SCP/15025/D01 shall be carried out in full.

Reason: To provide an appropriate level of off-street parking that meets the objectives of Policies D1, D2, D3 & D4 of the Sedgefield Borough Local Plan 1996.

5. Prior to the first occupation of phase 1 (10,000 m extension) of the hereby approved development an updated Travel Plan shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter the approved Plan shall be carried out in full.

Reason: To promote sustainable travel, in accordance with the objectives of NPPF Part 4.

6. The proposed landscaping shown in drawing DLA-1644-(02)-01 REV A shall be carried out during the first planting season following the granting of this planning permission and thereafter fully maintained with failures replaced.

Reason: In the interests of visual amenity and to meet the objectives of Policies IB13 & D4 of the Sedgefield Borough Local Plan 1996.

STATEMENT OF PROACTIVE ENGAGEMENT

The Local Planning Authority in arriving at its decision to approve the application has, without prejudice to a fair and objective assessment of the proposals, issues raised and representations received, sought to work with the applicant in a positive and proactive manner with the objective of delivering high quality sustainable development to improve the economic, social and environmental conditions of the area in accordance with the NPPF. (Statement in accordance with Article 31(1) (CC) of the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012.)

BACKGROUND PAPERS

Submitted application form, plans supporting documents and subsequent information provided by the applicant

National Planning Policy Framework National Planning Policy Guidance Sedgefield Borough Local Plan 1996 The County Durham Plan (Submission Draft) Statutory, internal and public consultation responses

Planning Services

DM/15/00709/FPAExtension to distribution centre (B8 land use) in 2 phases (10,000 sq. m & 7000 sq. m ) including to storage enclosure and plant room, additional sprinkler tank and pump room, changes to HGV route and car park, and landscaping.

CommentsThis map is based upon Ordnance Survey material with the permission o Ordnance Survey on behalf of Her majesty’s Stationary

Office © Crown copyright.Unauthorised reproduction infringes Crown copyright and may lead to

prosecution or civil proceeding.Durham County Council Licence No. 100022202 2005 Date June 2015 Scale Not to

scale