Land off Station Road, Linton, Cambridgeshire, CB21 4NW
South Cambridgeshire District Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 22 May 2024
- Authority
- South Cambridgeshire District Council
- Inspector
- Plenty B
- Procedure
- Hearing
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Outline
- Development type
- Major general industry/storage/warehousing
- Appellant
- Mr P Watson
- LPA reference
- 22/04033/OUT
- ONS LPA code
- E07000012
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 6 February 2024
Summary AI
The appeal is allowed, subject to the imposition of conditions. The proposed development would deliver employment generating development within the Development Framework of Linton, creating employment for up to 77 FTE people. However, the scheme would fail to deliver Biodiversity Net Gain as required by LP policy NH/4, resulting in a conflict with the policy. This conflict is calibrated as moderate due to the ability of the scheme to provide for off-site BNG through the availability of habitat credits. The benefits of the proposal outweigh the moderate harm identified, which clearly outweighs the loss.
PDF text
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision Hearing held on 8 May 2024 Site visit made on 7 May 2024 by Ben Plenty BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 22 May 2024 Appeal Ref: APP/W0530/W/24/3337024 Land off Station Road, Linton, Cambridgeshire, CB21 4NW • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant outline planning permission. • The appeal is made by Mr P Watson against the decision of South Cambridgeshire District Council. • The application Ref is 22/04033/OUT. • The development proposed is an Outline application for the construction of commercial/industrial floorspace (flexible Use Class E(g)(ii)/E(g)(iii)/B2/B8) with matters reserved except for access. Decision 1. The appeal is allowed, and planning permission is granted for an Outline application for the construction of commercial/industrial floorspace (flexible Use Class E(g)(ii)/E(g)(iii)/B2/B8) with matters reserved except for access at Land off Station Road, Linton CB21 4NW in accordance with the terms of the application, Ref 22/04033/OUT, and the plans submitted with it, subject to the conditions in the attached schedule. Preliminary Matters 2.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision The application is made in outline form. The indicative layout plan suggests a footprint of the building, with a floorspace of around 3,300sqm (GIA), and with car parking and manoeuvring space to its frontage. An indicative site section plan shows a building with a wide span and shallow roof with a ridge height of 10.7 metres. The indicative site layout plan and section plan provide a useful illustration of one way that the site might be developed. However, as all matters apart from access are reserved, I have afforded only limited weight to these details. I shall consider the appeal on this basis. Main Issue 3. The main issue is the effect of the proposed development on highway safety, especially with respect to means of access. Reasons 4. The appeal site gains access to Cambridge Road (the A1307) via Station Road, an unadopted private road. The South Cambridgeshire Local Plan [2018] (LP) describes the A1307 as a major transport route that links Cambridge to Haverhill. It is a high casualty route and has been signposted as such since 2008, with a number of highway improvements undertaken at identified black spots.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision The highway is a key radial route into Cambridge and carries a high https://www.gov.uk/planning-inspectorate
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision The highway is a key radial route into Cambridge and carries a high https://www.gov.uk/planning-inspectorate
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision Appeal Decision APP/W0530/W/24/3337024 volume of traffic including that from Haverhill which is a key origin area for travel for work into Cambridge. Speed restrictions along the A1307 vary between 50 and 60mph, with a 40mph speed restriction in place through Linton. Beyond the village, the highway is generally open with dispersed junctions and access points along it providing a relatively fast and uninterrupted route through the open countryside. 5. Within Linton, the A1307 severs the southern part of the village from most of its remaining built-up area. Most of this southern area, including the appeal site, is included within allocation H/6. This policy seeks to prevent windfall residential development due to the poor connectivity of this area to the rest of the village. This policy and its accompanying commentary is useful in providing context for the area but is not directly applicable to the scheme as the proposal is for employment uses only. 6. The Council has published Development Management General Principles for Development (DMGPD) guidelines. This is concerned with the provision of new highways, access and adoptable infrastructure.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision The Council has identified that this document is not relevant to this appeal as it is the Council’s interpretation of guidance within Manual for Streets. However, this document provides useful guidance for applicants in explaining how the Council considers matters relating to vehicle speeds and visibility splays. I am cognisant that Chapter 2 of the DMGPD explains that the x-distance of a required visibility splay may be reduced if supported by empirical speed survey data. It also states that visibility principles will be applied to residential streets where vehicle speeds of up to 37mph and fewer than 10% Heavy Goods Vehicles (HGV) movements are evident. 7. Through Linton, the speed of traffic is restricted to 40mph, as opposed to the 50mph and 60mph speed limits outside of the village. The reduced speed restriction through the village includes the section between the traffic light- controlled junction with Linton Village College, to the west of the site, and The Grip (B1052), to the far east of the site. There is also a pelican crossing in between these points, close to the junction with High Street. Station Road is within the section of the highway close to Linton Village College. 8.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision Manual for Streets 21 (MfS2) defines a street as “a highway that has important public realm functions beyond the movement of traffic” and “that most highways in built-up areas can therefore be considered as streets”(para 1.17). Within Linton village, footpaths, streetlights and bus stops exist both sides of the carriageway. Also, driveways for dwellings and junctions for culs-de-sac, such as Joiner’s Road and the Rookery, provide various access/egress points onto the highway. Accordingly, the section of Cambridge Road through Linton includes a range of traffic movements, where road users would be expected to apply a heightened level of care and attention. 9. Accordingly, the highway’s function through Linton becomes more than just providing a route for traffic and takes on a broader role of providing a public realm function. As such, the character of the highway through the village is distinctly different to that which exists outside of it and shares more characteristics with a ‘residential street’ than a ‘road’. 1 Manual for Streets 2, The Chartered Institute of Highways and Transportation, 2010 https://www.gov.uk/planning-inspectorate 2
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision Appeal Decision APP/W0530/W/24/3337024 10. MfS2 sets out examples of how to apply its principles to existing streets, particularly those that are in mixed use and busier than residential streets but are not part of the Strategic Road Network which comprise the country’s motorways and trunk roads. This states that it “provides guidance on stopping sight distances (SSD) for streets where 85th percentile speeds are up to 60 km/h [37.28mph]. This states that “It is only where actual speeds are above 40mph for significant periods of the day that Design Manual for Roads and Bridges (DMRB) parameters for SSD are recommended. Where speeds are lower, MfS parameters are recommended”2. MfS identifies that a visibility splay of 2.4m (x-distance) by 120m (y-distance) should be available at junctions to provide for the required SSD. 11. DMRB sets out higher and more stringent standards than MfS which apply to the design, assessment and operation of motorways and all-purpose trunk roads in the UK. It comprises a suite of documents covering general principles, environmental assessments, road layouts, pavements, highway structures and bridges, and drainage.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision CD123 R2 relates to the ‘Geometric design of at-grade priority junctions and signal-controlled junctions’, providing technical design guidance for the geometry requirements of visibility splays for new or improved junctions. The DMRB standards are significantly higher than MfS as they have been specifically developed for the Strategic Road Network. 12. Although the Station Road junction includes road markings that could be considered as ‘central treatment’, this is not a formal ghost right turn and does not meet the DMRB standards for such a feature. As such, this does not offer a compelling reason to consider this as more than a simple priority junction. 13. It is undisputed between main parties that the Station Road junction provides a visibility splay with an x-distance of 2.4 metres and would not provide an x- distance of 4.5 metres without oversailing third party land. I concur with the Council that whilst the junction already exists, this would not preclude the Council from assessing the suitability of its visibility splays to accommodate the needs of new development.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision Furthermore, it is essential that users of an access have adequate visibility in each direction to see oncoming traffic in sufficient time to effect safe manoeuvres. However, MfS2 makes it clear that the strict application of DMRB standards to non-trunk routes is rarely appropriate for highway design in built up areas, regardless of traffic volume3. 14. The Highway Authority explained at the hearing that it is routine to apply DMRB to A-classified roads that carry high volumes of traffic. In such circumstances the Authority invites applicants to provide justification as to why DMRB specifications should not be applied. However, MfS recommends that for any scheme affecting non-trunk roads designers should start with MfS4. Also, the Highway Authority has previously stated that lower visibility splay requirements could be deemed appropriate and suitable if empirical data, in the form of speed and traffic flows and subjective observations, were provided. 15. The Appellant’s Automatic Traffic Count data, updated by additional document C (my annotation), considered traffic speeds during off-peak mid-week periods under free-flow conditions.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision This identified that westbound traffic had an average 85th percentile speed of less than 37mph. It also shows that HGVs 2 Manual for Streets2, paragraph 1.3.6 3 Manual for Streets2, ‘Status and Application’ 4 Manual for Streets2, paragraph 1.3.2 https://www.gov.uk/planning-inspectorate 3
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision This identified that westbound traffic had an average 85th percentile speed of less than 37mph. It also shows that HGVs 2 Manual for Streets2, paragraph 1.3.6 3 Manual for Streets2, ‘Status and Application’ 4 Manual for Streets2, paragraph 1.3.2 https://www.gov.uk/planning-inspectorate 3
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision Appeal Decision APP/W0530/W/24/3337024 contribute an average of 5.7 % to 6.7% to the number of vehicles recorded during the study period. This illustrates that motorists are obeying the speed restriction and driving around 10% under this requirement. This would suggest that, based on vehicle speeds and percentage of HGV movements, MfS2 should be applied. Furthermore, the Appellant has demonstrated that personal injury data shows that the existing junction has no recorded accidents which indicates that it does not function poorly. 16. As a result, the evidence submitted does not demonstrate that the proposal should comply with DMRB visibility splay requirements for the design of a junction. Instead, it has been shown that it should comply with MfS2, where the provided visibility splay of 2.4m by 120m would be suitable in compliance with guidelines. It is noted that without a 4.5m x-distance, an HGV driver would be less likely to be able to roll-out into Cambridge Road without stopping if they can see the highway is clear. However, it has not been demonstrated that the effect of accelerating, from a stationary position at the give-way line, would have a material effect on the safety of approaching motorists.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision As a result, even if a greater x-distance was deemed necessary, the Council has failed to demonstrate that material harm would be caused to highway safety by this shortfall. 17. Consequently, the proposal has demonstrated that it would provide a safe means of access without harming highway safety. The proposed development would therefore be in accordance with LP policies HQ/1, TI/2 and S/7 and the National Planning Policy Framework (the Framework). These seek, among other matters, for development to provide safe and convenient access and to refuse development if it would result in an unacceptable impact on highway safety. Biodiversity Net Gain 18. The appeal site is an area of scrub land that has some ecological interest. LP policy NH/4 and the Framework seek to support development that would result in Biodiversity Net Gain (BNG). The Council’s policy states that planning permission will be refused for development that would result in the loss of BNG unless the need for, and benefits of, the development clearly outweigh the loss. 19. The proposal is supported by a Preliminary Ecological Appraisal5 (PEA) and a BNG Assessment6. The PEA demonstrates that the site has the potential to accommodate nesting birds.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision A bat roost was found within a building on site and badger setts were also found within the site. The PEA advised that further surveys for these protected species were undertaken. The Council’s ecologist identified that both the bats and badgers would require licenses from Natural England prior to the removal of any habitat, a license, further surveys and any required mitigation, could be secured by the imposition of a planning condition. 20. The BNG Assessment identified that the existing habitat has a total score of 3.36 habitat units, whereas the proposed development would create only 0.59 units. This would result in a net loss of BNG, with an 82% loss of habitat units and a gain of 29% linier units. However, once a detailed scheme is proposed there may be greater scope for on-site provision. Also, main parties agreed at the hearing that off-site habitat credits are available at several local sites, one 5 Preliminary Ecological Appraisal, by deltasimons, January 2022 6 Biodiversity Net Gain Assessment, by deltasimons, August 2022 https://www.gov.uk/planning-inspectorate 4
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision Appeal Decision APP/W0530/W/24/3337024 owned by the National Trust, which would be capable of mitigating the loss identified. This could be secured by a condition. 21. The proposal would therefore conflict with LP Policy NH/4 and the Framework. These seek development to, inter alia, maintain, enhance, restore or add to biodiversity. However, a combination of on-site and off-site mitigation could be secured by condition that would reduce the effect of this loss to moderate harm only. The policy could also be satisfied if the benefits of development outweigh the identified loss, I consider this matter further later. Other Matters 22. Interested parties raised concerns regarding the potential of the proposal to result in significant HGV movements through the junction of Station Road. The Appellant’s Transport Statement7 has identified, through Trip Rate Information Computer System [TRICS] data, the predicted traffic levels associated with the proposal. This found that the scheme would create a maximum of two HGV arrivals and one departure during the morning peak hour (08:00-09:00) and no movements during the evening peak (17:00-18:00).
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision The included Swept Path Analysis8 illustrated that HGVs could safely enter and exit Station Road. The Statement found that the proposal would have an acceptable effect on the highway network, the quantum of development trips and safety considerations. 23. HGVs travelling eastwards would have to wait for a gap to turn into Station Road. Although, eastbound traffic behind would then have to wait, this would result in only a short-term delay. In consideration of the submitted evidence of a large vehicle reversing onto Station Road, this clearly relates to an existing problem. This was likely to be partly caused by cars being parked on Station Road, close to the junction. A Parking Management Plan could improve this situation to prevent parked cars blocking the access and could be secured by the imposition of a planning condition. As a result, the volume of HGVs that would be likely to attend the site would be limited and their movement through the junction would not cause material harm to highway safety. 24. There are two listed buildings close to the appeal site. The Village College is a grade II listed building, built in 1937.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision Its significance includes its status as an educational facility with institutional architectural interest. Woodville Cottage, also a grade II listed building, is adjacent to the junction of Station Road. Its significance derives from its timber framing and thatched roof conveying a traditional rural character. I am satisfied that the proposal would preserve the settings of both heritage assets due to their respective distances from the appeal site and intervening screening. 25. Interested parties have raised concerns that the movement of HGVs along Station Road would affect adjacent trees. A line of lime trees, along Station Road, are protected by a Tree Preservation Order. These are set within the grounds of the plot adjacent to Station Road and do not overhang the access road. As such, I am satisfied that the proposal would not affect these trees, a view shared by the Council’s Tree Officer. 7 Transport Statement, by Transport Planning Associates, August 2022 8 Transport Statement, August 2022, appendix C https://www.gov.uk/planning-inspectorate 5
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision Appeal Decision APP/W0530/W/24/3337024 Conditions 26. I have considered the use of conditions in line with the guidance set out in the Government’s Planning Practice Guidance (PPG). I shall take the Council’s suggested conditions into consideration and impose most of these with some amendments and adjustments for clarity as discussed during the hearing. 27. I have imposed the standard conditions with respect to approved plans as advised by the PPG for clarity and certainty [conditions 1, 2 and 3]. Based on the findings and recommendations of the PEA, further surveys for bats and badgers are required to be secured by conditions in the interest of the ecological value of the site [4 and 5]. The Council’s archaeologist identifies that the site lies within an area of archaeological potential as it lies on the route of a C19 railway line and that adjacent sites have revealed interesting artifacts. As a result, a condition is necessary to require archaeological investigation [6]. As the site was previously developed land, consisting of a goods yard, a contaminated land survey, remediation method statement and to deal with unexpected contamination are required [7, 14 and 21].
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision A condition with respect to biodiversity net gain plan is necessary to comply with the requirements of LP policy NH/4 and the Framework [9]. 28. To ensure that the site is properly drained, conditions are required with regard to details of surface water management during construction, surface water drainage for the approved scheme, and containment of water runoff around the access [8, 12 and 22]. To deal with traffic and parking matters a Parking Management Scheme, Travel Plan and traffic management plan for during construction will be necessary in the interests of highway safety [16, 17 and 11]. Furthermore, improvements to the footway along Cambridge Road are necessary to enable the site to access the village and bus stops on safe walking routes in accordance with LP policy T1/2 [24]. A condition is also required for the submission of details of fire hydrants as sought by LP policy HQ/1 and Cambridgeshire Fire and Rescue Service [15]. 29. Conditions are also required for Demolition and Construction Environmental Management Plans and management plan (detailing hours of use and servicing) in the interests of the living conditions of residential occupiers around the junction of Cambridge Road [10 and 18].
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision It is also necessary for conditions to be imposed to ensure the development meets the Energy Statement’s objectives and complies with water efficiency specifications to satisfy LP policies CC/3 and CC/4 [13 and 19]. A condition is also required for details of lighting along Station Road to prevent disturbance to adjacent residential occupiers [20]. Furthermore, a condition is necessary to ensure that the building height does not exceed the scale parameters set by drawing 5390-PL-004 rev C in the interests of the character and appearance of the area [23]. 30. I have not imposed the Council’s suggested condition that would seek details of the noise of plant, machinery and equipment as the appeal site is adjacent to other commercial buildings. It is also set away from the nearest residential properties and would not therefore result in material harm to neighbour’s living conditions. Planning balance and conclusion 31. The proposed scheme would deliver employment generating development within the Development Framework of Linton. The Council identifies it could https://www.gov.uk/planning-inspectorate 6
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Appeal Decision Appeal Decision APP/W0530/W/24/3337024 create employment for up to 77 FTE people. The site consists of previously developed land and would be located within an accessible location with good access onto the A1307. 32. Whereas the scheme would fail to deliver BNG as required by LP policy NH/4 resulting in conflict with the policy. I have calibrated the conflict with this policy as moderate due to the ability of the scheme to provide for off-site BNG through the availability of habitat credits. Furthermore, the benefits of the proposal would be of significant weight and these would be of greater weight than the moderate harm identified, which clearly outweighs the loss. 33. For the above reasons, the appeal is allowed subject to the imposition of conditions.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty INSPECTOR APPEARANCES For the Appellant: Mr Julian Clarke – Director, Transport Planning Associates Mr Tim Hornby – Principal Transport Planner Mr Robert Shrimplin – Director, Shrimplin Planning and Development For the Council: Mr Dominic Bush – Senior Planning Officer, South Cambridgeshire District Council Mr Michael Hammond – Area Team Leader, South Cambridgeshire District Council Mr James Stringer – Local Highway Authority, Cambridgeshire County Council Dr Jon Finney – Local Highway Authority, Cambridgeshire County Council Interested parties: Ms Merry Mannassi – Linton Parish Council Mrs Kate Kell – Linton Parish Council Additional documents A – Document from Linton Parish Council (showing a lorry reversing out of Station Road) B – Policy H6 and relevant extract of proposals map C – Transportation Technical Note (update to table 6.3 of Appellant’s Transport Statement of Case) https://www.gov.uk/planning-inspectorate 7
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty Appeal Decision APP/W0530/W/24/3337024 Schedule of Conditions 1) No development shall commence until details of the appearance, means of landscaping, layout and scale, (hereinafter called the 'reserved matters') have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out as approved. 2) Application(s) for approval of the reserved matters 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 either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 3) The development hereby permitted shall be carried out in accordance with the approved plans as listed on this decision notice and with respect to the location plan 5390-PL-001 RevA. 4) Prior to or concurrently with the submission of the first approval of reserved matters, a dusk emergence survey for bats shall be carried out within the site by a licensed ecologist.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty A report of the findings including a suitable mitigation strategy if required, should bats be found, shall be submitted to the local planning authority and approved in writing. Thereafter the development shall be carried out in accordance with the approved details. 5) Prior to or concurrently with the submission of the first approval of reserved matters, a badger survey has been carried out within the site by a licensed ecologist. A report of the findings including a suitable mitigation strategy if required, should the above specified species be found, shall be submitted to and approved in writing by the local planning authority. The development thereafter shall be carried out in accordance with the approved report. 6) No demolition/development shall commence until the applicant, or their agents or successors in title, has implemented a programme of archaeological work that has been secured in accordance with a Written Scheme of Investigation (WSI) that has been submitted to and approved by the Local Planning Authority in writing.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty For land that is included within the WSI, no demolition/development shall take place other than under the provisions of the agreed WSI, which shall include: a) the statement of significance and research objectives; b) The programme and methodology of investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works; c) The timetable for the field investigation as part of the development programme; and d) The programme and timetable for the analysis, publication & dissemination, and deposition of resulting material and digital archives. 7) No development shall take place, unless otherwise agreed, until: a) The application site has been subject to a detailed scheme for the investigation and recording of contamination, based on the Phase 1 Desk Study Risk Assessment (8185-007-001 October 2021 by WEDG), and remediation objectives have been determined through risk assessment. The resulting Phase 2 Intrusive Site Investigation Report is to be https://www.gov.uk/planning-inspectorate 8
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty Appeal Decision APP/W0530/W/24/3337024 submitted to and approved in writing by the Local Planning Authority; and b) A Remediation Method Statement containing proposals for the removal, containment or otherwise rendering harmless any contamination, based upon the Phase 2 Intrusive Site Investigation, has been submitted to and approved in writing by the Local Planning Authority. 8) No development, including preparatory works, shall commence until details of measures indicating how additional surface water run-off from the site will be avoided during the construction works have been submitted to and approved in writing by the Local Planning Authority. The applicant may be required to provide collection, balancing and/or settlement systems for these flows. The approved measures and systems shall be brought into operation before any works to create buildings or hard surfaces commence. 9) No development shall commence, apart from below ground works and demolition, until a Biodiversity Net Gain (BNG) Plan has been submitted to and approved in writing by the local planning authority. The BNG Plan shall target how a minimum net gain in biodiversity will be achieved through a combination of on-site and / or off-site mitigation.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty The BNG Plan shall include: i) A hierarchical approach to BNG focussing first on maximising on-site BNG, second delivering off-site BNG at a site(s) of strategic biodiversity importance, and third delivering off-site BNG locally to the application site; ii) Full details of the respective on and off-site BNG requirements and proposals resulting from the loss of habitats on the development site utilising the appropriate DEFRA metric in force at the time of application for discharge; iii) Identification of the existing habitats and their condition on-site and within receptor site(s); iv) Habitat enhancement and creation proposals on the application site and /or receptor site(s) utilising the appropriate DEFRA metric in force at the time of application for discharge; v) An implementation, management and monitoring plan (including identified responsible bodies) for a period of 30 years for on and off-site proposals as appropriate. The BNG Plan shall be implemented in full and subsequently managed and monitored in accordance with the approved details.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty Monitoring data as appropriate to criterion v) shall be submitted to the local planning authority in accordance with DEFRA guidance and the approved monitoring period / intervals. 10) No demolition shall commence until a site wide Demolition Environmental Management Plan (DEMP) has been submitted to and approved in writing by the Local Planning Authority and no construction shall commence until a site wide Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The DEMP and CEMP shall include the consideration of the following aspects of demolition and construction: a) Demolition, construction and phasing programme, b) Contractors' access arrangements for vehicles, plant and personnel, c) onstruction/Demolition hours, d) Delivery times and collections / dispatches for construction/demolition purposes, e) Soil Management Strategy, f) Noise impact assessment methodology, mitigation measures, noise monitoring and recording statements in accordance with the provisions of BS 5228- 1:2009+A1:2014 Code of Practice for noise and vibration control on https://www.gov.uk/planning-inspectorate 9
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty Appeal Decision APP/W0530/W/24/3337024 construction and open sites, g) Vibration impact assessment methodology, mitigation measures, monitoring and recording statements in accordance with the provisions of BS 5228-2:2009+A1:2014 Code of Practice for noise and vibration control on construction and open sites, h) Dust mitigation, management / monitoring and wheel washing measures, i) Use of concrete crushers, j) Prohibition of the burning of waste on site during demolition/construction, k) Site artificial lighting, l) Drainage control measures, m) Screening and hoarding details, n) Access and protection arrangements around the site for pedestrians, cyclists and other road users, o) Procedures for interference with public highways, p) External safety and information signing and notices, q) Implementation of a Stakeholder Engagement/Residents Communication Plan, r) Membership of the Considerate Contractors Scheme. Development shall be carried out in accordance with the approved DEMP and CEMP.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty 11) No demolition works shall commence on site until a demolition traffic management plan has been submitted to and agreed in writing by the Local Planning Authority and no construction works shall commence on site until a construction traffic management plan has been submitted to and agreed in writing by the Local Planning Authority. The principal areas of concern that should be addressed are: a. Movements and control of muck away lorries (all loading and unloading shall be undertaken off the adopted highway), b. Contractor parking, for all phases all such parking shall be within the curtilage of the site and not on the street, c. Movements and control of all deliveries (all loading and unloading shall be undertaken off the adopted public highway, and d. Control of dust, mud and debris, in relationship to the functioning of the adopted public highway. The development shall be carried out in accordance with the approved details. 12) No laying of services, creation of hard surfaces or erection of a building shall commence within that phase until a detailed design of the surface water drainage of the site has been submitted to and approved in writing by the Local Planning Authority.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty Those elements of the surface water drainage system not adopted by a statutory undertaker shall thereafter be maintained and managed in accordance with the approved management and maintenance plan.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty Those elements of the surface water drainage system not adopted by a statutory undertaker shall thereafter be maintained and managed in accordance with the approved management and maintenance plan.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty The scheme shall be based upon the principles within the agreed Flood Risk Assessment (MAB Consultancy, Ref 0700 Rev P2 24 August 2022) and Indicative Drainage Arrangement (MAB Consultancy, Ref 0700-005-P2 10 October 2022) and shall also include: a) Full calculations detailing the existing surface water runoff rates for the QBAR, 3.3% Annual Exceedance Probability (AEP) (1 in 30) and 1% AEP (1 in 100) storm events; b) Full results of the proposed drainage system modelling in the above-referenced storm events (as well as 1% AEP plus climate change), inclusive of all collection, conveyance, storage, flow control and disposal elements, together with an assessment of system performance; c) Detailed drawings of the entire proposed surface water drainage system, attenuation and flow control measures, including levels, gradients, dimensions and pipe reference numbers, designed to accord with the CIRIA C753 SuDS Manual (or any equivalent guidance that may supersede or replace it); d) Full detail on SuDS proposals (including location, type, size, depths, side slopes and cross sections); e) Site Investigation and test results to confirm infiltration rates; f) Details of overland flood flow routes in the event of system
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty https://www.gov.uk/planning-inspectorate 10
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty https://www.gov.uk/planning-inspectorate 10 Appeal Decision APP/W0530/W/24/3337024 exceedance, with demonstration that such flows can be appropriately managed on site without increasing flood risk to occupants; g) Demonstration that the surface water drainage of the site is in accordance with DEFRA non-statutory technical standards for sustainable drainage systems; h) Full details of the maintenance/adoption of the surface water drainage system; i) Permissions to connect to a receiving watercourse or sewer; and j) Measures taken to prevent pollution of the receiving groundwater and/or surface water. 13) No development above ground level shall proceed until an Energy Statement has been submitted to and approved in writing by the local planning authority. The Statement shall demonstrate that a minimum of 10% carbon emissions (to be calculated by reference to a baseline for the anticipated carbon emissions for the property as defined by Building Regulations) can be reduced through the use of on-site renewable energy and low carbon technologies. The approved scheme shall be fully installed and operational prior to the occupation of the development and thereafter maintained in accordance with the approved details.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty Where grid capacity issues subsequently arise, written evidence from the District Network Operator confirming the detail of grid capacity and a revised Energy Statement to take account of this shall be submitted to and approved in writing by the local planning authority. The revised Energy Statement shall be implemented development and thereafter maintained in accordance with the approved details. 14) The development shall not be occupied until the works specified in the approved Remediation Method Statement are complete and a Verification Report demonstrating compliance with the approved Remediation Method Statement has been submitted to and approved in writing by the Local Planning Authority. 15) Prior to the occupation of the development, details of the provision and location of fire hydrants to serve the development to a standard recommended by the Cambridgeshire Fire and Rescue Service shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the approved scheme has been implemented. 16) Prior to commencement of the development, a Parking Management Plan shall be provided to, and agreed in writing with the Local Planning Authority.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty Such plan shall provide details of: i. The means of restricting on-street parking on Station Road by motor vehicular traffic; ii. The monitoring and management arrangements to ensure the above restrictions are complied with; and iii. The escalation and enforcement procedure to deal with non-compliant on-street parking. The use hereby permitted shall be carried out in strict accordance with the approved Parking Management Plan. 17) No occupation of the development shall commence until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall specify: the methods to be used to discourage the use of the private motor vehicle and the arrangements to encourage use of alternative sustainable travel arrangements such as public transport, car sharing, cycling and walking how the provisions of the Plan will be monitored for compliance and confirmed with the Local https://www.gov.uk/planning-inspectorate 11
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty Appeal Decision APP/W0530/W/24/3337024 Planning Authority. The Travel Plan shall be implemented and monitored as approved upon the occupation of the development. 18) Prior to occupation of the development, a management plan detailing the hours of use and servicing arrangements (including delivery hours) for each use(s) shall be submitted to and approved in writing by the Local Planning Authority. The site shall be managed in accordance with the approved details thereafter. 19) The development shall not be occupied until a water efficiency specification, based on the BREEAM Wat01 Water Calculator Methodology, has been submitted to approved in writing by the local planning authority. The specification shall demonstrate the achievement of at least 4 credits for water efficiency (Wat01) and that the development will be carried out in accordance with the agreed details. 20) Prior to the installation of any artificial lighting along Station Road an external and internal artificial lighting scheme with detailed impact assessment shall be submitted to and approved in writing by the local planning authority.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty The scheme shall include details of any artificial lighting of the site (external and internal building lighting) and an artificial lighting impact assessment with predicted lighting levels at existing residential properties shall be undertaken (including horizontal / vertical isolux contour light levels and calculated glare levels). Artificial lighting on and off site shall meet the Obtrusive Light Limitations for Exterior Lighting Installations for the appropriate Environmental Zone in accordance with the Institute of Lighting Professionals - Guidance Notes for the Reduction of Obtrusive Light - GN01:2011 (or as superseded) and any mitigation measures to reduce and contain potential artificial light spill and glare as appropriate shall be detailed. The artificial lighting scheme as approved shall be fully implemented before the use hereby permitted is commenced and shall be retained thereafter. 21) If, during development, any additional or unexpected contamination is identified, then remediation proposals for this material should be agreed in writing by the Local Planning Authority before any works proceed and shall be fully implemented prior to first occupation of the development hereby approved.
Land off Station Road, Linton, Cambridgeshire, CB21 4NW — South Cambridgeshire District Council — Ben Plenty 22) The proposed vehicular access onto Station Road, and the adjacent areas of hardstanding, shall be constructed so that levels are such that no private water from the site drains across or onto the public highway. 23) The development hereby permitted shall not exceed 10.675 metres in height. 24) The development hereby permitted shall not be occupied until the existing footway provision on Cambridge Road between Station Road and The Rookery has been widened to at least two metres in width as shown on drawing no. 2106-059 PL01 (Transport Planning Associates, Technical Note, January 2023). End of conditions https://www.gov.uk/planning-inspectorate 12
Main issues and findings
Highway safety For appellant ¶3-16
The Appellant's Automatic Traffic Count data identified that westbound traffic had an average 85th percentile speed of less than 37mph. This suggests that MfS2 should be applied, rather than DMRB standards, and that the proposed visibility splay of 2.4m by 120m would be suitable.
Other Against appellant ¶18-21
The proposal would conflict with LP Policy NH/4 and the Framework, which seek development to maintain, enhance, restore or add to biodiversity. However, a combination of on-site and off-site mitigation could be secured by condition, reducing the effect of this loss to moderate harm only.
Living conditions Neutral ¶26-30
Conditions are required to ensure that the site is properly drained, and that the development meets the Energy Statement's objectives and complies with water efficiency specifications.
Policies relied on
| Reference | Weight |
|---|---|
| LP policy NH/4 |
Substantial |
| Framework |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 12 pages, issued by the Planning Inspectorate on 22 May 2024 under the Open Government Licence.