Comment

Representation ID: 9720

Received: 29/07/2022

Respondent: Cloud Wing UK Ltd

Agent: Avison Young

6.8 The comments hereafter set out the rationale which Cloud Wing has set out in its Bedford Business Park planning application. That application remains undetermined. Clearly, the Council will wish to continue to consider the advantages of that application in the context of its emerging Local Plan, which proposes that the Kempston Hardwick site is indeed suitable for a mix of uses, including those uses set out in the Bedford Business Park planning application.
6.9 Within the NPPF, the definition of whether a site is ‘deliverable’ specifically relates to sites for housing. Notwithstanding this, the PPG confirms that the key factors to be taken into consideration when assessing whether a site is likely to be delivered when assessing both housing and economic land should be:
• Suitability – is the site an appropriate location for development when considered against relevant constraints and their potential to be mitigated?
• Availability – are there any legal or ownership impediments to development?
• Achievability – is there a reasonable prospect that the particular type of development will be developed on the site at a particular point in time, including whether the site is economically viable.
6.10 The following section assesses the site against these criteria:
Suitability
6.11 The NPPG sets out that a site or broad location can be considered suitable “if it would provide an appropriate location for development when considered against relevant constraints and their potential to be mitigated”.
6.12 In order to demonstrate that site is suitable, the following sections looks at the relevant technical matters to demonstrate that when taking into account the relevant mitigation, there are no constraints to development.
Highways and Access
6.13 As set out in the earlier sections, the site is located in a prime location for economic development. Situated at the heart of the Golden Triangle, the site is extremely well connected to the strategic road network, being located adjacent to the A421 which connects to the M1 and A1.
6.14 There are also excellent rail links with the existing Kempston Hardwick railway station being located centrally within the site and providing hourly services to the centre of Bedford and to Bletchley. This connectivity is also set to improve in the future light of the planned improvement works to the East West rail line.
6.15 The development of the site could, therefore, progress and support delivery of employment early in the plan-period whilst also allowing for the potential relocation of Kempston Hardwick station as part of the EWR proposals. Cloud Wing is already engaging with East West Rail in relation to how it may be able to assist in facilitating elements of the proposed improvements.
6.16 To support economic development on the site, a series of critical infrastructure improvements are proposed, including new walking and cycle routes through the site, new public transport and shared transport services, highway network improvements and a new vehicular bridge across the Marston Vale Railway Line. The proposed walking and cycle routes, coupled with the extensive connections to existing green infrastructure and pathways, will promote active travel corridors and facilitate sustainable methods of commuting to the site.
6.17 It is noted that there is a holding objection from Highways England in relation to the outline planning application for the site which is currently pending determination. Detailed discussions with Highways England have been ongoing to resolve their comments regarding the impact of the proposed development on the strategic road network. A package of improvement works to Junction 13 of the M1 and at the junction of the A6 and A421 have been developed in detail through discussion with Highways England and would be secured as part of the development. It is anticipated that this package of improvement works will be sufficient to enable a resolution to be reached and Highways England to remove their holding objection in due course.
6.18 On this basis, we consider there are no highways and access matters that could be considered a constraint to development of the BBP proposals. Rather, the accessibility and connectivity of the site offers a particular advantage that means that it is very well placed to support a sustainable pattern of economic development.
Flood Risk and Drainage
6.19 As identified on the EA Flood Risk Map, the site lies within Flood Zones 1, 2 and 3. Commercial development, including offices, general industry, storage and distribution uses, are considered appropriate in Flood Zones 1, 2 and 3a in accordance with the guidance outlined within the NPPF.
6.20 As part of the outline planning application, a comprehensive Flood Risk Assessment (FRA) has been undertaken based on data provided by the Bedford Group of Internal Drainage Boards (IDB). This has confirmed the flooding from groundwater, sewers and reservoirs, canals and other artificial sources is low.
6.21 The final layout of the site will be designed based on evidence from modelled flood levels obtained from the Bedford Group of IDB and the site topographic survey. This will enable the areas of higher flood risk to be properly mitigated and any development in these locations will be designed to ensure buildings are safe for the entirety of its lifespan, and that development within higher risk areas will not increase flooding elsewhere.
6.22 As part of future development, it is proposed that surface water would be discharged into the Great River Ouse watercourse located adjacent to the site’s western boundary.
6.23 As part of the outline planning application, the Bedford Group of Internal Drainage Boards (IDB) has indicated that it will support a strategy based on restricted discharge rate of 4 litres/second/hectare to the existing IDB drainage network. There are no outstanding objections on Flood Risk or Drainage grounds.
6.24 We therefore consider that there are no significant constraints to development regarding flood risk or drainage matters.
Heritage & Archaeology
6.25 There are no heritage assets within the site itself, however the site is located within the setting of a Scheduled Ancient Monument (SAM), the Kempston Hardwick Moated Site. This is assessed as an asset of heritage significance.
6.26 Additionally, there are heritage assets located in the wider vicinity of the site, including the Stewartby Conservation Area and Grade II listed kiln and chimneys at the Stewartby Brickworks to the southeast.
6.27 Discussions with Historic England during the consideration of the application have been undertaken to agree appropriate separation distances between development and the SAM. Minor amendments are also to be made to the heights of buildings in the part of the site nearest the SAM to minimise any harm to the setting of the SAM.
6.28 Accordingly, there is an appropriate approach to development on the site in order to mitigate heritage concerns so that this is not a constraint to development.
6.29 Furthermore, a full geophysical survey of the site has been undertaken followed by targeted trial trenching. This has demonstrated that the overall archaeological potential of the site is low, with the Council’s archaeology officers being content that any further work can be secured by way of planning condition.
6.30 Therefore, archaeology is not a constraint to development.
Landscape and Visual Impact
6.31 As part of the outline planning application, Indigo Landscape Architects prepared a full Landscape and Visual Impact Assessment which provides a comprehensive assessment of the visual impacts of the proposed development.
6.32 Whilst the development will be visible from the A421, the road is raised and therefore will obstruct any views from the north towards Bedford and Kempston.
6.33 There is also substantial vegetation to the west which will protect any views from Wootton, and to the south to protect the views from Kempston Hardwick Moated Site, the SAM, and from the forthcoming residential development at the former Stewartby Brickworks.
6.34 Moreover, the proposed development includes substantial landscape planting which will provide significant screening to the development, helping the development blend into the landscape. Once the vegetation has reached maturity, the visual impact of the development is considered to fall to slight adverse in the longer term.
6.35 As the LVIA concludes, some ‘significant’ effects are to be expected given the size of the scheme and the scale of buildings proposed (particularly during the early part of the development lifespan) but once the mitigation planting has reached maturity the visual impact will be reduced. Furthermore, the assessment has been undertaken as a ‘worst-case scenario’ and at the reserved matters stage, further design measures and the choice of materials will assist in offsetting visual effects.
6.36 The visual impacts of the proposed development should also be considered against the significant economic benefits the development would deliver as discussed throughout these representations.
6.37 On this basis, it is not considered that landscape and visual impacts represent a significant constraint to development on the site.
Ecology and Trees
6.38 The outline planning application seeks to deliver 29.82ha of new green infrastructure and amenity space, retain 10.77 hectares of existing planting within the site and create 14.47 hectares of landscaped corridors along access routes. There would also be 8.45 hectares of sustainable, drainage ponds and green swales. A small lake and associated drainage channels make up a further 4.85 hectares. As such, the total open space and accessible green infrastructure equates to 68.36 hectares, or approximately 30% of the land within the red line site boundary.
6.39 The proposed ecological enhancements are indicated on the image below.
6.40 As part of the planning application, Delta-Simmons Environmental Consultants Ltd undertook a Preliminary Ecological Appraisal (PEA) of the Site as well as further surveys including faunal, breeding bird, wintering bird, aquatic, reptile, bat, riparian mammal, invertebrate and hedgerow surveys.
6.41 In order to minimise the effect of the development on ecology, a series of mitigation measures have been recommended which would be secured as part of future development. This would include measures to avoid excessive uplighting and light spill, the use of SUDs, the incorporation of native hedgerow planting and for fencing to allow for access and egress for hedgehogs.
6.42 The assessment concludes that whilst there may be a short-term effect on the biodiversity value of the site in terms of the diversity of flora and fauna it supports until newly created habitats become established, in the long-term it is anticipated that full mitigation and enhancement measures will be achieved.
6.43 Following comments on the application, further consideration is being given to the scope for additional biodiversity enhancements on site. As part of this Cloud Wing is committed to achieving a 10% biodiversity net gain either on-site or via combination of on-site measures and offsite compensation.
6.44 Delta-Simmons Environmental Consultants Ltd also carried out a tree and hedgerow survey to support the outline planning application. This confirmed that no trees on-site nor on land adjacent to the site are covered by a TPO.
6.45 The proposals seek to deliver 30% tree canopy cover and provide important new linkages through what is currently an inaccessible area of land connecting the forest to the south of the Marston Vale with Bedford to the north. This is in line with the aims of the Marston Vale Community Forest. The tree officer at BBC has not raised any objections to the proposals and will seek further details at the reserved matters stage.
Noise and Air Quality
6.46 The outline planning application is accompanied by a suite of technical reports in order to assess the noise and air quality impact of the proposed development and identify appropriate mitigation measures where necessary.
6.47 With regards to noise, the Noise Assessment confirms that if best practice measures are employed during the construction phase, it is anticipated that construction noise levels will have a minor residual effect on nearby noise sensitive receptors. Whilst the noise during the operational phase is likely to have a longer-term effect, appropriate mitigation measures will be adopted during the detailed design stage.
6.48 The Air Quality Assessment confirms that, with appropriate mitigation in place, there would be a negligible air quality impact during the construction phase.
6.49 Moreover, there would be a negligible to minor adverse effect during the operation phase as a result of vehicle emissions from operational traffic.
6.50 As such, it is not considered that there are any significant noise or air quality impacts that would be a constraint to economic development at the site.
Ground Conditions and Remediation
6.51 As part of the outline planning application, a series of ground investigation works have been undertaken. This identified a series of remediation works that could be secured by planning condition.
6.52 As such, it is not considered that ground contamination presents a constraint to future development of the site.
Agricultural Land Classification Assessment
6.53 A full agricultural land classification assessment has been undertaken by Landscope Land and Property Ltd for the parts of the site which does not form part of the former brickworks or clay pits.
6.54 The assessment concluded that 86.5% of the area falls within category 3B ‘Moderate’ agricultural land whilst 10% falls within 3A ‘Good’ agricultural land.
6.55 As such, the development of the Site would not have an impact on any Grade 1 or Grade 2 agricultural land and only a limited impact on Grade 3A land. It is not anticipated that loss of agricultural land would constitute a constraint to development.
Summary
6.56 In summary, it is considered that there are no technical constraints that would prevent the development of the Site for employment land.
Availability
6.57 The PPG states that a site is: “considered available for development, when, on the best information available… there is confidence that there are no legal or ownership impediments to development. For example, land is controlled by a developer or landowner who has expressed an intention to develop”.
6.58 Cloud Wing control the site and therefore there are no legal ownership or other technical impediments to delivering development on the site.
6.59 Furthermore, the site is being actively promoted for economic development and is the subject of an outline planning application currently pending determination.
6.60 Accordingly, the site is available for employment development now in NPPF terms.
Achievable
6.61 As per the NPPG, a site is considered achievable for development where there is a reasonable prospect that the particular type of development will be developed on the site at a particular point in time, including an assessment of the economic viability of a site.
6.62 Given the scale of development proposed for the site, the development will be delivered over several phases. This will include ground remediation works and the delivery of transport infrastructure in the first phases, as set out below:
• Phase 1 – ground remediation works in the location of the former Kempston Hardwick brickworks
• Phase 2 – construction of bridge proposed over the railway line and main road infrastructure
• Phase 3 – construction of employment uses in areas where no ground remediation works are required
• Phase 4 – construction of employment uses on the former Kempston Hardwick brickworks location
• Phase 5 – construction of employment uses in the south of the site.
6.63 Whilst the timings for delivery are dependent on achieving a planning permission and identification of a Development Partner, both of which are currently ongoing, it is anticipated that it would be possible to start on site with site clearance, remediation and enabling works within 6 months of receiving an outline planning permission, following the discharge of any relevant planning conditions. It is anticipated that works to deliver the primary infrastructure for the first phase would then commence approximately 6 months later, following the grant of reserved matters, with the aim of the first phase being complete and ready for occupation within 18 months.
6.64 The scheme would be capable of supporting the delivery of its own infrastructure requirements and there are no significant site constraints that might prevent development or make the development unviable.
6.65 Therefore, it is considered that the site is achievable for development as there is a realistic timeframe for development and there are no economic viability constraints that would hinder delivery.
6.66 Due to the nature of the proposals and the opportunity presented, there has been a significant amount of market interest in the site for employment uses. It is envisaged that the provision of much needed high quality employment space in this location will be attractive to both new businesses relocating to the area and existing local businesses looking to grow. SEMLEP has confirmed that Cloud Wing’s proposals fit well with the strategic economic vision for the area (Appendix 3).
6.67 It is also being explored whether the site might be well-placed due to its size and location to contribute to the wider modal shift of logistics from road to rail through rail freight opportunities being promoted by the NIC. This modal shift is being driven by wider challenges facing the UK’s freight system including decarbonisation, congestion and how technological advancements can assist in meeting increasing societal demands.
Deliverability Summary
6.68 Therefore, it is considered that the site is deliverable in line with the NPPF as it is a suitable location for development, it is available and there is a realistic prospect that development will be developed on the site.
Benefits of Bedford Business Park
6.69 The Bedford Business Park proposals are capable of delivering substantial social, economic and environmental benefits which will directly benefit Bedford and contribute towards delivering the growth objectives within the Arc. These are summarised below (set out in the attachment).