Planning Supporting Statement - East Staffordshire · Branston Locks Planning Supporting Statement...

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Branston LocksPlanning Supporting Statement

November 2012

lisa.roberts

Text Box

P/2012/01467 Received 15/11/12

Planning Supporting Statement

Nurton Developments (Quintus) Limited

Branston Locks, Burton upon Trent

November 2012

Branston Locks – Planning Supporting Statement

COPYRIGHT © JONES LANG LASALLE IP, INC. 2012. All Rights Reserved 1

Contents

Executive Summary .......................................................................................................................................................... 2

1 Introduction ............................................................................................................................................................ 6

2 Site Description ...................................................................................................................................................... 7

3 Development Proposals ...................................................................................................................................... 10

4 Design Process and Consultation ...................................................................................................................... 15

5 Relevant Planning Policy .................................................................................................................................... 18

6 Strategic Planning Issues ................................................................................................................................... 38

7 Other Planning Issues ......................................................................................................................................... 46

8 Assessed Impacts ................................................................................................................................................ 54

9 Section 106 Agreement ....................................................................................................................................... 63

10 Conclusions ......................................................................................................................................................... 64

Appendix 1 – Location Plan ........................................................................................................................................... 65

Appendix 2 – Site Plan .................................................................................................................................................... 66

Appendix 3 – Parameter Land Use Plan ........................................................................................................................ 67

Appendix 4 – Illustrative Master Plan ............................................................................................................................ 68

Appendix 5 – Indicative Phasing Plan ........................................................................................................................... 69

Appendix 6 – Plan illustrating Opportunities for a Country Park on Battlestead Ridge ........................................... 70

Appendix 7 – Statement on Minerals ............................................................................................................................. 71

Appendix 8 – Draft Heads of Terms to Section 106 Legal Agreement ....................................................................... 72



Executive Summary

1) This statement has been prepared on behalf of Nurton Developments (Quintus) Limited (NDQL) to support the

submission of an outline planning application for a sustainable urban extension at Branston Locks. It will be a

new community for Burton.

2) The proposals comprise:

up to 2,500 houses;

up to 92,900 sq m (1,000,000 sq ft) of employment floor space;

a local centre, providing up to 4,645 sq m (50,000 sq ft) of retail floor space, healthcare and associated

community uses;

a primary school;

provision for the elderly;

a hotel;

a pub/restaurant; and

a significant level of green infrastructure, including public open space.

3) Branston Locks holds several strategic advantages. It enjoys direct access to the A38 at the Branston

Interchange. This will be particularly important in attracting new companies and jobs to Burton. The completed

development will generate over 3,000 jobs on site.

4) The site has a unique setting. Battlestead Ridge provides both a backdrop and a natural limit to development.

The Trent and Mersey Canal provides a feature of real interest. These inherent characteristics provide the

platform to build a distinctive new community that will be desirable to both new residents and businesses.

5) There are no obvious constraints to development. The site is visually contained, is greenfield and has been

intensively farmed. The site is generally flat and has no issues in terms of ground contamination.

6) Branston Locks is well connected by existing roads, footpaths, the canal towpath and cycleway to Centrum, the

railway station, the town centre and existing housing in Branston and Burton. It has an obvious and positive

interaction with the existing settlement.

7) The site has a critical mass. It is over 135 hectares in size and can sustain a fully integrated mixed use

development that can provide and fund both hard and soft infrastructure. No other site in Burton can deliver this

scale of growth.

8) The land is owned by one organisation and is fully deliverable. NDQL has produced a delivery route plan for

the site, which addresses phasing and infrastructure. The development has a projected design life of 16 years

over four phases. Full development is capable of being delivered within the plan period.



9) A detailed illustrative master plan has been produced for the purposes of consultation and testing the

development for Environmental Impact Assessment. The final master plan is the culmination of a three year

design process, including a large degree of consultation with the local community, officers and members of both

the Borough Council and County Council, and other key statutory consultees and stakeholders.

10) A number of significant changes have been made to the development proposals following the consultation

process. Principally, these concern:-

A reduction in the number of homes proposed from 2,850 to 2,500.

The proposed development of all land to the east of the canal for employment development.

A replacement of two 2 form of entry primary schools by one 3 form of entry primary school, reflecting

the requirements of the development and existing provision.

The local centre has moved closer to Branston Interchange to ensure it is delivered in an early phase.

A significant increase in the level of public open space proposed, including an area for sports pitches.

An increased level of National Forest planting and a more comprehensive landscape strategy.

The opportunity for a country park on Battlestead Ridge that has been identified and illustrated.

11) The development represents a true mix of uses. This will enhance the opportunities for sustainable

development to an optimum level. The accent of the development concept is one of high quality, rather than

quantity. The latter is, however, important, to ensure critical mass and to meet other core principles in terms of

sustainability.

12) The level and mix of uses pays careful attention to their marketability and viability. The illustrative master plan

has been informed by independent studies, undertaken by NDQL, on the core markets for housing, employment

land, retail and leisure, hotel and residential care. On this basis, it is considered that the master plan proposals

should be fully deliverable. The proposals have been validated by ESBC‟s own urban design consultants Taylor

Young.

13) The Branston Locks proposals conform fully with the relevant planning guidance contained in the National

Planning Policy Framework (NPPF) and the evolving Local Plan. They also relate well to relevant saved

policies of the adopted Local Plan and subsequently issued supplementary planning guidance on issues such

as design, affordable housing, open space provision, National Forest planting and education.

14) The NPPF sets out a number of key objectives. These include:-

Building a strong, competitive economy.

Promoting sustainable transport.

Delivering a wide choice of high quality homes.

Promoting healthy communities.

The Branston Locks Development fully supports and responds to these objectives.



15) The NPPF considers that large scale mixed use development, such as urban extensions, can provide the best

way of achieving sustainable development, particularly if key facilities such as primary schools and shops are

located within easy walking distance of most properties. Branston Locks has been designed and planned on

this basis.

16) East Staffordshire Borough Council has an ambitious growth strategy. It is looking for a step change in the

local economy and a radical enhancement of the quality and extent of the commercial, business and housing

offer that is currently available in Burton and its suburbs. Branston Locks' inherent characteristics and its

strategic location will enable the Borough Council to fulfil this ambition.

17) The Preferred Option to the draft Local Plan identifies Branston Locks as a new sustainable community that can

be a distinctive place and relatively self sufficient in terms of schooling, local services and facilities. It

recognises that no other site on Burton's urban periphery can deliver the level and quality of growth sought.

18) Policy SP4 of the Preferred Option concerns sustainable urban extensions and sets out a list of criteria required

specifically for development of Branston Locks. These concern housing, employment, local services (such as

retailing), schooling, transport management, cycling and walking, bus services, green infrastructure,

environment and townscape, waste management, energy, sustainable drainage and phasing. Through careful

design and planning, Branston Locks meets all these requirements.

19) A full Environmental Statement has been prepared to support the planning application. This statement

describes the technical investigations and research undertaken that have informed an assessment - known as

an Environment Assessment - of the likely environmental effects of the development.

20) Mitigation of potentially adverse environmental effects has been intrinsic to the design process for the proposed

development and in the consideration of alternative forms of development. The Environmental Assessment

process has further identified the likely significant effects of the proposed development on the environment and,

where those are likely to be adverse, also identified measures to mitigate those effects. Where effects would

otherwise arise from the demolition, construction and operation of the proposals, specific mitigation measures

have been proposed. The implementation of mitigation measures can be secured with certainty by conditions

or obligations to the planning permission and through site management arrangements embodied in a

Construction/Environmental Management Plan and other regulatory procedures.

21) NDQL is willing to enter into a Section 106 Agreement to secure necessary infrastructure improvements. The

scope and extent of the Section 106 Agreement has been, and will continue to be, the subject of ongoing

viability testing and negotiations with the Borough Council and other key stakeholders throughout the

consideration of this planning application.

22) The key elements envisaged at this stage concern:

Transportation - physical off-site junction improvements to Branston Interchange, off-site traffic

management measures to villages to the west, the provision of a new bus service, a financial

contribution to wider local integrated transport improvements, and the funding and implementation of a

travel plan.

Community - provision of a range of affordable housing on site on a phased basis and/or payment of

a commuted sum in lieu of part provision off-site, a three form of entry primary school, phased financial

contributions towards secondary school provision, and reservation of land for a new medical centre.



Green Infrastructure - provision of public open space throughout the site and its subsequent

management, and the provision of a hillside country park on Battlestead Ridge and its subsequent

management.

23) On the basis of the above, we recommend officers and members of the Borough Council to continue to support

the proposals and to grant outline planning permission.



1 Introduction

1.1 This statement has been prepared on behalf of Nurton Developments (Quintus) Limited (NDQL) to support the

submission of an outline planning application for a Sustainable Urban Extension at Branston Locks – a new

community for Burton.

1.2 A full description of the development is provided in Section 3, which outlines the development proposals. This

follows a description of the site and its inherent characteristics in Section 2.

1.3 In brief, the proposals are mixed use comprising housing, employment, a local centre, a primary school, provision

for the elderly, a hotel, a pub and a significant level of green infrastructure, including public open space.

1.4 The development proposals have evolved over a number of years. This design process and subsequent

consultation is explained fully in the Design and Access Statement and the Statement of Community Involvement.

Section 4 provides a summary.

1.5 The principal purpose of this statement is to justify the proposed development in the context of the development

plan and other relevant material considerations. Section 5 sets out the principal planning policy framework, with

reference to relevant policy and guidance at a national, regional and local level.

1.6 Section 6 then considers the strategic planning issues that arise from the development proposals in respect of

relevant planning policy guidance. Specifically, consideration is given as to how the development proposals meet

the principal objectives of the Preferred Option to the draft Local Plan. In addition, direct reference is made in

respect of some of the critical issues, including housing, affordable housing and care for the elderly, employment,

transport strategy, infrastructure, phasing and delivery.

1.7 Section 7 considers other planning issues and explains how certain elements meet the required standards and

guidelines set at a strategic and local level. This includes consideration of the local centre (and associated uses),

schooling, green infrastructure and public open space, National Forest planting, sustainability and minerals.

1.8 The application is supported by a full Environmental Statement, produced having regard to the Town and Country

Planning (Environmental Impact Assessment) Regulations 2011 and following an agreed scope with East

Staffordshire Borough Council (ESBC). The assessed likely significant environmental effects include transport,

archaeology, ecology, landscape and visual effects, flooding and drainage, ground conditions, noise and

vibration, air quality, conservation and heritage, and socio economic issues. A summary of the assessed

impacts, and any proposed mitigation, is provided in Section 8.

1.9 Section 9 confirms that NDQL is willing to enter into a Section 106 Agreement to secure those elements of the

proposals that cannot be secured by way of condition. This section also provides a schedule of those elements

considered to be likely to be included as planning obligations, with draft Heads of Terms included as an appendix.

1.10 Section 10 summarises the relevant planning issues and outlines how the development proposals conform to the

National Planning Policy Framework and will help the Borough Council realise its ambitions for the growth of

Burton.



2 Site Description

Location

2.1 The Branston Locks site is located immediately to the south west of Burton and will form a natural extension to its

existing built form. A location plan is provided in Appendix 1.

2.2 Branston Locks is strategically located, with direct access to Branston Interchange – a grade separated junction

on the A38 and the principal access point to Burton from the south. The A38 is a trunk road and a key part of the

national motorway and trunk road network, linking Birmingham to Derby, the rest of the East Midlands and the

North.

2.3 Branston Locks is well related to the principal facilities of Burton. The town centre is 2 kilometres away at its

nearest point, with the railway station 1.5 kilometres away. The railway station is situated on the Cross Country

Route and is served by both national (Cardiff, Bristol, Leeds and Newcastle) and regional (Birmingham, Derby

and Nottingham) services.

2.4 Branston Locks is well placed in terms of existing employment. Centrum, the prime pitch for offices, industry and

warehousing in Burton, is located in close proximity, immediately the other side of the A38. This complements

the proposed development of employment land at Branston Locks and will maximise the opportunity for working

and living in the same area.

Situation

2.5 Branston Locks is well connected to the existing road network serving this part of Burton. Branston Road to the

south provides a direct connection to the Branston Interchange and alternative routes to the town centre:-

A5121 – through Centrum.

B5108 – through Branston.

2.6 Shobnall Road (B5017) to the north is the principal radial route to Burton from the west. It connects villages to

the west of the site and provides a quick and direct route to the town centre and railway station.

2.7 Both Branston Road and Shobnall Road are bus routes. Full details of local bus services are provided in the

Transportation Assessment.

2.8 Apart from the main built up area of Branston, and wider Burton, the closest existing settlements to Branston

Locks are Shobnall and Tatenhill. Shobnall is a linear settlement extending along Shobnall Road to Rough Hay.

Tatenhill is a small village to the south west of the site. Its nearest point to the south west tip of the site is 0.75

kilometres away. However, due to the topography of the area (i.e. the Battlestead Ridge escarpment) and

existing woodland, the Branston Locks‟ site is not visible from this village.

2.9 The Design and Access Statement describes in detail the existing local services, facilities and amenities in the

vicinity of Branston Locks. This includes reference to schooling, medical services, retailing, pubs, restaurants

and parks and gardens.

2.10 Shobnall Primary School is located to the north of Branston Locks, on Shobnall Road, and is the closest primary

school to the site. Directly to the south of Branston Locks is the proposed new facility for Burton Rugby Football

Club. Further south is Branston Water Park.



Site

2.11 The site is bound by the A38 to the east, Branston Road to the south and Shobnall Road to the north.

Battlestead Ridge, a wooded escarpment, forms the boundary to the west and provides a natural backdrop to the

site.

2.12 The boundaries to the site are well defined and will help to ensure development is contained. A site plan is

provided in Appendix 2, with other land in the ownership of NDQL edged in blue.

2.13 The site is 136 hectares (336 acres) in size. This provides a sufficient critical mass to accommodate a

Sustainable Urban Extension.

2.14 The site has direct access to Branston Road to the south and Shobnall Road to the north, giving two principal

points of vehicular access. NDQL owns 225 Shobnall Road – a property with a wide frontage to Shobnall Road,

which will be demolished to create an access point.

2.15 The site has been used intensely for farming, mostly for arable. The principal farmhouse (Lawns Farm) is located

in the west of the site. Elsewhere, there are limited buildings and structures on site.

2.16 Given its arable farming use, the site has only limited natural vegetation, such as trees and hedges. However,

the site is framed in part by wooded areas and belts of trees. For example, the south western boundary,

stretching from Lawns Farm Cottage to the edge of the escarpment is protected by a strand of mature trees. In

addition, there is a system of hedgerows and trees around the perimeters of individual fields within the site.

2.17 Battlestead Ridge frames the application site to the west of the site and forms a sloped, mixed area of planted,

wooded and open areas. It covers an approximate area of 30 hectares (74 acres) and falls within the ownership

of NDQL, albeit the south-western tip (2.6 hectares (6.5 acres)) , known as Battlestead Hill, is subject to a 999

year lease to the Woodland Trust. It contains some footpaths but access to the public is restricted. The ridge

affords good views across the site, the Trent Valley and the wider Burton area.

2.18 The Trent and Mersey Canal crosses the site at its lower eastern quadrant, effectively separating approximately

20 hectares (50 acres) from the main section of the site. Midway along the canal there is a lock. The canal has a

tow path (the Way for the Millennium) on its eastern bank and this provides a link under the A38 to Centrum, and

wider parts of Burton, for both pedestrians and cyclists.

2.19 A bridleway crosses the site in a north easterly route from Branston Road. Halfway across the site, the route

becomes an „alleged footpath‟, although it has not been legally confirmed as a public right of way. This runs

adjacent to the A38 along the site boundary, where further north it becomes a confirmed public right of way. In

addition, a public right of way runs north-west from Branston Road, past Lawns Farm Cottage, along the south

west site boundary. This public right of way then climbs up Battlestead Ridge and connects to a wider network of

paths beyond NDQL‟s ownership. One path forks back through the site and terminates at Lawns Farm

farmhouse.

2.20 Two further pedestrian connections exist under the A38. These are located at the narrow point to the north of the

site and just beyond the southern part of the site adjacent to the Branston Junction at the end of Tatenhill Lane.

These two pedestrian connections will help link the Branston Locks site with both Branston and Burton upon

Trent.

2.21 The application site contains no Listed Buildings. However, the Trent and Mersey Canal, and its tow path, is

protected as a Conservation Area. Although excluded from the application site boundary, Shobnall Grange is



surrounded on all sides by the site, forming an island of land that is not controlled by the applicant close to

Shobnall Road. This building is Grade II Listed.

2.22 In addition, a Grade II* Listed Building and Scheduled Ancient Monument, known as Sinai Park, is located

reasonably close to the northern site boundary. Sinai Park is situated on the top of the escarpment that overlooks

the site.

2.23 These two Listed Buildings, and the Trent and Mersey Canal Conservation Area, and other protected buildings in

the vicinity, are all considered in the Heritage Statement produced by AOC Archaeology.

2.24 The topography of the application site is relatively unremarkable, being mainly flat and level. However, as has

been referred to above, the western boundary of the site is contained by a relatively steep escarpment that is in

the most part wooded.

2.25 The BGS geological map indicates that the majority of the site is underlain by first river terrace deposits, generally

sand and gravel, which overlies the Mercia Mudstone bedrock. The northern part of the site contains glacial clay

deposits above the Mercia Mudstone bedrock. In the centre of the site no drift deposits are shown overlying the

Mercia Mudstone bedrock.

2.26 Site investigations have revealed that the ground conditions would not preclude the development of the site.

There is no known substantial contamination.

2.27 Finally, the application site and Battlestead Ridge are in one ownership. All land is controlled by the applicant

NDQL, with the exception of the small area of woodland on top of Battlestead Ridge, known as Battlestead Hill,

that is the subject of a 999 year lease to the Woodland Trust.

Summary

2.28 Branston Locks holds some strategic advantages. It enjoys direct access to the A38 at the Branston Interchange.

This will be particularly important in attracting new companies and jobs to Burton.

2.29 The site has a unique setting. Battlestead Ridge provides a backdrop and natural limit to development. The Trent

and Mersey Canal provides a feature of real interest.

2.30 There are no obvious constraints to development. The site is visually contained, is greenfield and has been

intensively farmed. The site is generally flat and has no issues in terms of ground contamination.

2.31 Branston Locks is well connected by existing roads, footpaths, a canal tow path and cycle way to Centrum, the

railway station, the town centre and existing settlements in Branston and Burton.

2.32 The site has a critical mass. It is over 135 hectares in size and can sustain a fully integrated mixed use

development that can provide and fund both hard and soft infrastructure.

2.33 The land is owned by one organisation and is fully deliverable.



3 Development Proposals

Description of Development

3.1 The proposed development is for a Sustainable Urban Extension to Burton, comprising mixed use development.

3.2 The description of development is:-

Outline planning application (with all matters reserved) for mixed use development comprising:-

demolition of all existing buildings and structures on site, with the exception of the farm house to Lawns Farm;

up to 2,500 dwellings (Use Class C3);

up to 92,900 sq m (1,000,000 sq ft) of employment floor space (Classes B1, B2 and B8);

a local centre providing up to 3,716 sq m (40,000 sq ft) of retail floor space (Classes A1, A2, A3, A4 and A5),

up to 929 sq m (10,000 sq ft) of healthcare and associated community uses (Class D1), a residential care

home of up to 160 bed spaces (Classes C2 and C3), and up to 555 sq m (6,000 sq ft) of pub/restaurant

(Classes A3 and A4);

primary school;

a hotel of up to 80 rooms;

vehicular access connections from Branston Road and Shobnall Road;

green infrastructure of public open space, structural landscaping, sustainable urban drainage basins and

associated drainage, sports and recreation facilities and a network of walking and cycling routes; and

associated infrastructure works and services.

3.3 The parameter plan for land use is provided in Appendix 3. This shows the general disposition of land uses, with

the proposed land use budget set out below in table 1.

Table 1 - Land Use Budget

Land Use Hectares Acres Percentage

Residential 65.36 161.5 48.0

Employment 21.45 53.0 15.7

Local Centre 7.81 19.3 5.7

Primary School 2.88 7.1 2.1

Principal Green Infrastructure 36.96 91.3 27.1

Principal Highways Infrastructure 1.73 4.3 1.4

Totals 136.19 336.5 100

Source: Node Design



3.4 It is to be noted that the figures for principal green infrastructure do not include all the public open space and

amenity areas within the planning application site boundary. There are a further 6.98 hectares (17.3 acres) of

public open space incorporated in the other main land uses. These comprise public amenity areas or squares

within the residential blocks, a small green amenity area within the employment land, a green buffer running the

length of the employment land alongside the A38, the public square in the local centre and the playing fields

within the primary school.

3.5 In addition, Battlestead Ridge is within the ownership of NDQL, covering a further 30.27 hectares (74.8 acres),

with 2.63 hectares (6.5 acres) of this, known as Battlestead Hill, subject to a 999 year lease to the Woodland

Trust. Currently, this area has limited public access and NDQL has identified the opportunity for transforming this

space into a country park with unrestricted public access.

Land Use Strategy

3.6 The land use strategy for the site locates employment uses on the eastern side of the site, predominantly

adjacent to the A38 allowing for easy access by vehicles and to mitigate for noise and visual impact from the A38.

The creation of an employment area in this location also provides a sensible neighbour to Centrum on the eastern

side of the A38.

3.7 The proposed local centre is located on the western side of the canal, within the southern/central part of the site.

This location has a number of benefits. Firstly, a relatively central location assists with pedestrian access to the

facilities from within the scheme. Secondly, it allows it to be delivered reasonably early in the project phasing,

providing local facilities for residents and employees from an early point in the project development. Finally,

along with the employment area, the local centre‟s canal side location helps to create a highly active and

changing frontage along the canal.

3.8 The remaining site area, apart from the school, is divided between residential land and public open space. This

has been carefully designed to integrate effectively from the outset of the scheme design. The aim has been to

create residential neighbourhoods, interspersed with swathes of landscape of varied character and use. In

addition, the landscape divisions help to define different character areas.

3.9 The different principal land use and infrastructure elements are now considered in turn.

Residential

3.10 Apart from up to 224 units within the local centre, the vast majority of houses are located within the residential

blocks highlighted on the parameters land use plan. The overall average density in the residential blocks works

out at 34.8 houses per hectare.

3.11 However, the densities of development within the housing blocks will range across the site. The density

parameters plan contained within the Design and Access Statement identifies four different density bands. These

are as follows:-

Low – up to 30 dwellings per hectare – in the south west corner of the site.

Medium – up to 40 dwellings per hectares – in the centre of the site.

Medium to high – up to 50 dwellings per hectare – development in the northern part of the site, related to

the existing tighter patterns of development found in Shobnall Road and within the blocks closest to the

proposed local centre.



High – up to 60 dwellings per hectare – within the local centre.

3.12 The low to medium density areas will give the opportunity to provide high quality aspirational housing.

3.13 It is proposed that much of the housing will be two storey. However, it is considered that certain blocks within all

character areas could sustain up to three storeys. Within the local centre there may be scope for four storey

development.

3.14 There will be a wide range of type, size and form of housing, including social housing and housing for the elderly.

There will be detached, semi detached and other forms of housing, including a limited number of apartments

within the local centre.

Employment

3.15 The employment land is predominantly located to the east of the canal, fronting the A38. This area is closely

related to the successful Centrum development and is considered likely to be able to attract a similar type and

range of occupiers. The employment land will accommodate office users (Class B1), industry (Class B2) and

distribution (Class B8). It is proposed that a range of size of buildings be provided in order to accommodate

market requirements from 232 sq m (2,500 sq ft) to 18,580 sq m (200,000 sq ft).

3.16 A small area of employment land is located to the west of the canal at the gateway of the site. This area has

been earmarked for a hotel of up to 80 rooms and employment land development related to the local centre.

Local Centre

3.17 The local centre accommodates a range of uses, including retail, healthcare, a residential care home and a public

house. In addition, there would be public parking and amenity land, such as a public square.

3.18 The local centre will be anchored by a convenience food store of up to 2,323 sq m (25,000 sq ft) of gross floor

space. This will be supported by other retailing, both convenience and comparison, in smaller shops totalling up

to 1,393 sq m (15,000 sq ft). In addition, the local centre will contain an area of land for a medical centre of up to

929 sq m (10,000 sq ft).

School

3.19 A three form of entry primary school is proposed in the southern part of the site, to the west of the main spine

road. The location of the school reflects the existing position of a primary school on Shobnall Road and the

importance of siting the primary school close to the local centre.

Green Infrastructure

3.20 An important element of the development is the level and extent of green infrastructure. This will comprise public

open space, structural landscaping, a sustainable urban drainage system (SuDS), sports and recreational

facilities, National Forest planting, and a network of walking and cycling routes.

3.21 Reference has been had to both the Council‟s standards and the requirements of Fields in Trust. Specifically,

consideration has been given to the accessibility of a hierarchy of public open space facilities, with reference to a

Neighbourhood Equipped Area of Play (NEAP), Local Equipped Areas of Play (LEAPs) and Local Areas of Play

(LAPs). Further details of this provision, and how the various standards are met, are provided in Section 7 to this

Statement and in the Design and Access Statement.



3.22 Three green space character areas within the planning application site have been identified and designed. These

are:

green fingers;

canal corridor; and

sports hub.

3.23 A strong component of the illustrative Master Plan concept, referred to in greater detail below, is to provide green

fingers of open space linking laterally across the development from Battlestead Ridge to the canal. These linking

fingers will be multi-functional open spaces providing visual amenity and space between different neighbourhoods

as well as functional public open space for leisure and recreational purposes.

3.24 The illustrative Master Plan envisages a number of different land uses alongside the canal and offers a variety of

spaces and frontages to it. There will be nodal spaces where the green fingers link laterally across the

development and meet the canal, wide spaces forming green parkland areas alongside the canal, wooded

sections, and narrow formal edges where the development frontage is more prominent.

3.25 The illustrative Master Plan includes provision for a sports hub, with three sports pitches, two hard surface

playing/multi-use game areas and equipped children‟s play area, and a clubhouse building and car park. The

whole area will be set within wooded parkland linking to the canal in the south. The area also includes land for

allotments.

Highways Infrastructure

3.26 There are two proposed principal access points to the development. The major access will be from the south

from Branston Road. In addition, a secondary access to the development from Shobnall Road is proposed.

3.27 The proposed access from Branston Road will ultimately require a new bridge over the canal for the completed

development. Once this access has been constructed, Branston Road traffic from Tatenhill will be diverted and

the existing canal bridge will only remain open to very local traffic (i.e. those residents in Tatenhill Lane).

3.28 As part of these road improvements, a separate access will be provided to the employment land to the east of the

canal.

3.29 At appropriate stages in the development, NDQL will either undertake or provide financial contributions to

improvements at the A38 Branston interchange, Junction D and Branston Road as required. The nature of the

improvements will be negotiated with the Highways Agency and Staffordshire County Council in the light of traffic

modelling, but are likely to include the provision of additional lanes as required, signalisation of Branston

interchange and improvements to the slip roads.

3.30 The new access at the northern end of the site will meet Shobnall Road between 225 Shobnall Road and the

Albion Public House. This junction will be signalised on completion of the development.

3.31 There will be a continuous primary route linking the two principal access points. This has been designed to serve

the development in a manner that discourages use as a rat run from Shobnall Road to the Branston Interchange.

It is intended that this road will be restricted so that no commercial or heavy goods vehicle will be able to travel

from one end of the site to the other. However, this route will be capable of accommodating public transport.



Illustrative Master Plan

3.32 A more detailed illustrative Master Plan has been produced for the purposes of consultation and testing the

development for environmental impact assessment. The latest iteration of the illustrative Master Plan can be

found in Appendix 4.

3.33 The development represents a true mix of uses. This will enhance the opportunities for sustainable development

to an optimum level.

3.34 The accent of the development concept is one of high quality rather than quantity. The latter is, however,

important to ensure critical mass and to meet other core principles in terms of sustainability.

3.35 Finally, the level and mix of uses pay careful attention to their marketability and viability. The illustrative Master

Plan has been informed by independent studies, undertaken by NDQL, on the core markets for housing,

employment land, retail and leisure, hotel and residential care. On this basis, it is considered that the Master Plan

proposals should be fully deliverable.



4 Design Process and Consultation

4.1 The design process and consultation undertaken is considered in quite some detail in both the Design and

Access Statement and the Statement of Community Involvement.

Design Process

4.2 The final Master Plan is a culmination of a design process, including a large degree of consultation with the local

community, officers and members of both the Borough Council and County Council, and other key statutory

consultees and stakeholders.

4.3 The early formulation of the illustrative Master Plan was informed initially by the Borough Council‟s Guidance to

Inform Master Planning of Potential Core Strategy Allocations (published in November 2010 and amended in

February 2011) and was followed by six workshops held between April and June 2011. These considered the

issues of place, sustainability, green infrastructure, quality of streets and hierarchy, development mix, and

phasing and delivery. These workshops were attended by representatives of the developer, officers from ESBC,

its consultants on master planning and design (Taylor Young), the Highways Agency, Staffordshire County

Council, Canal and River Trust (formerly British Waterways), Sport England, Natural England, the Environment

Agency and the National Forest.

4.4 The design principles have followed best practice. The master planners, Node Urban Design, have first sought to

appreciate the context of the site and understand local identity. Their vision has been to design a well connected,

distinctive new community that provides a good sense of place where people will want to live, work and play.

4.5 Specifically, five key design principles have been considered by the master planners. These are:-

A mix of uses.

Green infrastructure.

Integration of water.

Connectivity.

An overall objective of ensuring high quality development.

4.6 The design process commenced well before the evolution of the illustrative Master Plan and has involved an

experienced and committed team of consultants. These have included:-

DPM Limited – project management.

Node Urban Design – master planners and urban design consultants.

Nigel Cowlin – landscape master planning and visual assessment

David Tucker Associates – highways and transportation.

Shepherd Gilmour – drainage, infrastructure and ground conditions.

SLR Consulting – sustainability, energy and waste.

Atmos Consulting – ecology.

AOC Archaeological Group – archaeology and heritage.

Rushton Hickman – agency.



Jones Lang LaSalle – planning, environmental impact assessment and agency.

Gough Bailey Wright – community stakeholder consultation.

RHK Consulting – community stakeholder consultation.

EC Harris – cost consultancy.

Sharps Redmore – acoustics.

Capita Symonds – air quality.

Finers Stephens Innocent – planning legal issues.

EFM – education.

4.7 NDQL and the team of consultants have worked with a number of statutory consultees in order to inform the

illustrative Master Plan and the preparation of the outline planning application. The statutory consultees involved

have included:-

Highways Agency – trunk roads.

Staffordshire County Council – highways and education.

Environment Agency – flooding.

National Forest – tree planting.

Canal and River Trust – in relation to the canal.

Sport England – in respect of recreational and sport provision.

4.8 In addition, throughout the process, a series of meetings and discussions have been held with planning officers

and members from the Borough Council. This dialogue has been positive and constructive and provided clear

guidance on the formulation of the development proposals.

4.9 On 22 June 2012, a formal scoping report for an Environmental Impact Assessment was submitted by Jones

Lang LaSalle to the Borough Council. By letter of 13 August 2012, the Borough Council confirmed that the

Scoping Report formed an adequate basis for assessment.

Public Consultation

4.10 Over the last 12 months, NDQL has undertaken a series of public consultation events. These have involved:-

Presentations of the development proposals to ward members and cabinet members of the Borough

Council.

Industrial presentations of the proposals to Branston Parish Council, Tatenhill Parish Council and Shobnall

Parish Council.

A public exhibition held at Rykneld School on Friday 2 and Saturday 3 March 2012.

Siting of the exhibition boards in Burton Library for a further three weeks in March 2012.

Subsequent discussions with Tatenhill Parish Council about transportation and highways issues.

4.11 The extent and level of consultation undertaken was discussed with officers at the Borough Council. Advice from

officers was that this level of consultation not only met, but exceeded, the requirements of the Borough Council‟s

Statement of Community Involvement.



4.12 The attendance at the public exhibition on the two days in early March was relatively low (around 150 members of

the public) given the scale of the proposals. 68 responses have been received subsequently and these have

been processed and summarised in a document, which has been subsequently provided to officers at the

Borough Council. They are also summarised in the Statement of Community Involvement.

4.13 The responses received from the public exhibition, and from subsequent discussions with officers at the Borough

Council, statutory consultees and stakeholders, have led to significant changes to the development proposals.

Principally, these concern:-

A reduction in the number of homes proposed from 2,850 to 2,500.

The proposed development of all land to the east of the canal for employment development.

An increase in the level of public open space and National Forest planting.

A replacement of two 2 form of entry primary schools by one 3 form of entry primary school, reflecting the

requirements of the development and existing provision.

The local centre has been moved closer to Branston Interchange to ensure it is built in an early phase to

provide facilities early in the development of the site.

The green fingers have been widened from early illustrations to provide more substantial swathes of open

space, and with a greater emphasis placed on sustainable urban drainage.

A large green space has been created adjacent to the A38, including an area for sports pitches. This is in

response to local need and advice regarding flood risk.

Greater emphasis has been placed on the changing character of the spine road by ensuring the road has

good enclosure and is part of a series of places.

A more comprehensive landscape strategy has been undertaken, including identifying a NEAP, LEAPs and

LAPS.

The opportunity for a country park on Battlestead Ridge has been identified and illustrated.



5 Relevant Planning Policy

5.1 This section sets out the key policy guidance and references that are relevant to consideration of the

development proposals at Branston Locks at a national, regional and local level.

National Planning Policy

National Planning Policy Framework (NPPF) – March 2012

5.2 Paragraph 11 to NPPF states that planning law requires that applications for planning permission must be

determined in accordance with the development plan unless material considerations indicate otherwise.

Paragraph 12 provides clarification advising that proposed development that accords with an up to date local plan

should be approved, and proposed development that conflicts should be refused unless other material

considerations indicate otherwise.

5.3 The status of the NPPF is confirmed in Paragraph 13. Here, it states that the NPPF constitutes guidance for local

planning authorities and decision takers both in drawing up plans and as a material consideration in determining

applications.

5.4 Paragraph 14 refers to the presumption in favour of sustainable development. This is seen as a golden thread

running through both plan-making and decision-taking. For decision-taking, this means:

“approving development proposals that accord with the development plan without delay; and

where the development plan is absent, silent or relevant policies are out of date, granting permission

unless:-

- any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when

assessed against the policies in this Framework taken as a whole; or

- specific policies in this Framework indicate development should be restricted.”

5.5 Paragraph 17 to the NPPF sets out 12 core planning principles. The third, fourth, ninth and eleventh are all

directly relevant to the development proposals at Branston Locks. These can be summarised as follows:-

Planning should proactively drive and support sustainable economic development to deliver the homes,

business and industrial units, infrastructure and thriving local places that the country needs. In doing so,

development plans should take account of market signals and take account of the needs of the residential

and business communities.

Planning should seek to secure high quality design and a good standard of amenity for all existing and

future occupants of land and buildings.

Planning should promote mixed use developments and encourage multiple benefits from the use of land in

both urban and rural areas.

Planning should actively manage patterns of growth to make the fullest possible use of public transport,

walking and cycling, and focus significant development in locations which are or can be made sustainable.

5.6 Under the heading of Delivering Sustainable Development, a number of key objectives are stated. These

include:-

Building a strong, competitive economy.



Ensuring the vitality of town centres.



Requiring good design.


Meeting the challenge of climate change, flooding and coastal change.

Conserving and enhancing the natural environment.

Conserving and enhancing the historic environment.

Facilitating the sustainable use of minerals.

5.7 These are now considered in greater detail, in so far as they relate to the development proposals.

5.8 Paragraph 18 of the NPPF states the Government‟s commitment to securing economic growth in order to create

jobs and prosperity. In doing so, local planning authorities should identify strategic sites for local and inward

investment to match their economic strategy and to meet anticipated needs over the plan period, amongst other

initiatives (Paragraph 21).

5.9 Paragraph 24 of the NPPF advises local planning authorities to apply the sequential test to planning applications

for main town centre uses, such as retail, that are not in an existing centre and not in accordance with an up to

date local plan. When considering edge of centre and out of centre proposals, preference should be given to

accessible sites that are well connected to the town centre. Paragraph 27 advises further that where an

application fails to satisfy the sequential test or is likely to have significant adverse impact on the vitality and

viability of existing centres then it should be refused.

5.10 In terms of promoting sustainable transport, Paragraph 32 states that all developments that generate significant

amounts of movement should be supported by a Transport Statement or Transport Assessment, with plans and

decisions taking account of a number of criteria. These criteria include:-

The opportunities for sustainable transport modes have been taken up depending on the nature and

location of the site, to reduce the need for major transport infrastructure.

Safe and suitable access to the site can be achieved for all people.

Improvements can be undertaken within the transport network that cost effectively limit the significant

impacts of the development. Development should only be prevented or refused on transport grounds where

the residual cumulative impacts of development are severe.

5.11 Paragraph 37 and 38 of the NPPF are directly relevant to the development proposals. Paragraph 37 advises that

planning policies should aim for a balance of land uses within their area so that people can be encouraged to

minimise journey lengths for employment, shopping, leisure, education and other activities. Paragraph 38 then

advises:-

“For larger scale residential developments in particular, planning policies should promote a mix of

uses in order to provide opportunities to undertake day-to-day activities including work on site.

Where practical, particularly within large scale developments, key facilities such as primary schools

and local shops should be located within walking distance of most properties.”



5.12 Under the heading of Delivering a Wide Choice of High Quality Homes, Paragraph 47 of the NPPF identifies a

key objective – to boost significantly the supply of housing. For this reason, NPPF sets out stringent guidance for

identifying five years‟ worth of deliverable housing land and a further supply of developable land where possible

for the 10 years thereafter.

5.13 Paragraph 49 considers how applications for housing should be considered where there is not a demonstrable

five year supply. It states that housing applications should be considered in the context of the presumption of

favourable sustainable development. Furthermore, relevant policies for the supply of housing should not be

considered up to date if the local planning authority cannot demonstrate a five year supply of deliverable housing

sites.

5.14 Paragraph 52 is directly relevant to the site. It states:

“The supply of new homes can sometimes be best achieved through planning for larger scale

development, such as new settlements or extensions to existing villages and towns that follow the

principles of Garden Cities. Working with support of their communities, local planning authorities

should consider whether such opportunities provide the best way of achieving sustainable

development.”

5.15 Under the heading of Requiring Good Design, Paragraph 60 advises that planning policies and decisions should

not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or

initiative through unsubstantiated requirements to conform to certain development forms or styles. However, it

would be proper to seek to promote or reinforce local distinctiveness. Paragraph 61 considers visual appearance

and the architecture of individual buildings are important factors. However, securing high quality and inclusive

design does go beyond aesthetic considerations. Planning policies and decisions should address the

connections between people and places and the integration of new development into the natural, built and historic

environment.

5.16 Paragraphs 69 to 78 of the NPPF consider issues under the heading of Promoting Healthy Communities.

Paragraph 69 advises that planning policies and decisions should aim to achieve places which promote

opportunities for meetings between members of the community that might not otherwise come into contact with

each other, including through mixed use developments, strong neighbourhood centres and active street frontages

which bring together those who work, live and play in the vicinity.

5.17 To deliver the social, recreational and cultural facilities and services the community needs, planning policies and

decisions should plan positively for the provision and use of shared space, community facilities (such as local

shops, meeting places, sports venues, cultural buildings, public houses and places of worship) and other local

services to enhance the sustainability of communities and residential environments and ensure an integrated

approach to considering the location of housing, economic uses and community facilities and services (Paragraph

70).

5.18 Paragraph 72 notes that the government attaches great importance to ensuring that a sufficient choice of school

places is available to meet the needs of existing and new communities.

5.19 Paragraph 73 makes reference to access to high quality open spaces and opportunities for sport and recreation.

These are considered to be able to make an important contribution to the health and wellbeing of communities.

5.20 Finally, Paragraph 75 considers that planning policies should protect and enhance public rights of way and

access and local authorities should seek opportunities to provide better facilities for users. By way of an

example, reference is made to adding links to existing rights of way networks including national trails.



5.21 Paragraph 96 of the NPPF concerns energy. It advises local planning authorities, in determining planning

applications, to expect new development to comply with adopted local plan policies on local requirements for

decentralised energy supply, unless it can be demonstrated by the applicant, having regard to the type of

development involved in its design, that it is not feasible or viable. In addition, new development is expected to

take account of land form, building orientation, massing and landscaping to minimise energy consumption.

5.22 Paragraph 97 refers to the desire to help increase the use and supply of renewable and low carbon energy.

5.23 Paragraph 100 refers to flooding and the application of the sequential test in terms of flood zoning. Paragraph

101 states that the aim of the sequential test is to steer new development to areas with the lowest probability of

flooding. Development should not be allocated or permitted if there are reasonably available sites appropriate for

the proposed development in areas with a lower probability of flooding.

5.24 Paragraph 109 of the NPPF states that the planning system should contribute to an enhanced natural and local

environment by a number of different means and measures. These include preventing both new and existing

development from contributing to or being put at an acceptable risk from, or being adversely affected by,

unacceptable levels of soil, air, water or noise pollution or land instability.

5.25 Paragraph 128 of the NPPF requires the applicant to describe the significance of any heritage assets affected by

development proposals, including any contribution made by their setting. However, the advice provided states

that the level of detail should be proportionate to the asset‟s importance and no more than sufficient to

understand the potential impact of the proposal on their significance.

5.26 Paragraph 134 advises that where a development proposal will lead to less than substantial harm to the

significance of a designated heritage asset, this harm should be weighed against the public benefits of the

proposal, including securing its optimum viable use.

5.27 Paragraph 142 of the NPPF concerns minerals. This states that minerals are essential to support sustainable

economic growth and our quality of life. It is therefore important that there is sufficient supply of material to

provide the infrastructure, buildings, energy and goods that the country needs. Paragraph 145 advises that

minerals planning authorities should plan for a steady and adequate supply of aggregates. Specifically, they

should make provision for the maintenance of a land bank of at least seven years for sand and gravel and at least

10 years for crushed rock, whilst ensuring that the capacity of operations to supply a wide range of materials is

not compromised.

5.28 Paragraphs 186 to 187 refer to decision taking. Paragraph 186 states that local planning authorities should

approach decision taking in a positive way to foster the delivery of sustainable development.

5.29 Paragraph 187 goes further, advising local planning authorities to look for solutions rather than problems, and

decision takers at every level should seek to approve applications for sustainable development where possible.

Local planning authorities are advised to work proactively with applicants to secure developments that improve

the economic, social and environmental conditions of the area.

5.30 Paragraphs 188 to 192 concern pre-application engagement and front loading. Paragraph 188 states that early

engagement has significant potential to improve the efficiency and effectiveness of the planning application

system for all parties and that good quality pre-application discussion enables better co-ordination between public

and private resources and improved outcomes for the community.

5.31 Paragraph 190 continues to advise that the more issues that can be resolved at pre-application stage, then the

greater the benefits. This process should also involve statutory planning consultees.



5.32 Greater detail on the consideration and application of these policies is provided in the Statement of Community

Involvement.

Ministerial Statement on Housing and Growth – 6 September 2012

5.33 This statement was made by Eric Pickles, the Secretary of State for Communities and Local Government, in an

attempt to provide further stimulus and support for a greater level of house building. The statement covered both

market and planning issues.

5.34 Under the heading “Accelerating Large Housing Schemes”, the Ministerial Statement advises:

“The need for new homes is acute, and supply remains constrained. There are many large housing

schemes in areas of high housing demand that could provide real benefit to local communities once

delivered. But, large schemes are complicated and raise a wide range of complex issues that can

be difficult to resolve.”

5.35 The statement then goes on to pledge the Government‟s commitment to work in partnership with local authorities,

scheme promoters and communities to accelerate delivery of locally supported, major housing sites. It notes

further that these will be sites where there is local support for growth, strong demand for new homes, and good

prospects for early delivery.

5.36 The statement also makes reference to affordable housing, under the heading of “Reducing the Cumulative

Burden of Red Tape”. The Ministerial Statement advises that:-

“It is vital that the affordable housing element of Section 106 Agreements negotiated during different

economic conditions is not allowed to undermine the viability of sites to prevent any construction of

new housing. This results in no developments, no regeneration and no community benefits at all

when agreements are no longer economically viable.”

Regional Planning Policy

5.37 It is the Government‟s policy to revoke existing regional strategies outside London. The Localism Act 2011

provides for the abolition of regional strategies in a two stage process. The first stage, to remove the regional

planning framework and prevent further strategies from being created, took effect when the Localism Act received

Royal assent on 15 November 2011. The second stage would be to abolish the existing original strategies by

secondary legislation. However, any final decision on this must take account of assessment of, and consultation

on, the possible environmental effects on revocation of each of the existing regional strategies.

5.38 The statement of Baroness Hanham of 25 July 2012, that confirmed the position set out above, advises that the

proposed revocation of the regional strategies may be regarded as a material consideration by decision makers

when determining planning applications and appeals. However, it states further that until the regional strategies

are revoked, any local plan document must be in general conformity with the regional strategy at the stage that

the plan is submitted for examination.

5.39 To date, the possible environmental effects of revocation of the West Midlands Regional Spatial Strategy have

not been assessed or consulted on. As such, its principal guidance, as far as it relates to Burton upon Trent and

East Staffordshire, may still be relevant.



5.40 The draft West Midlands Regional Spatial Strategy had reached a relatively advanced stage, before work on it

was abandoned. An examination in public was held between April and June 2009 and the panel report was

published in September 2009.

5.41 Policy CF2 of the draft Regional Spatial Strategy indicated that strategic housing development beyond the main

urban areas should be concentrated in and adjacent to towns which are capable of balancing strategic growth.

Burton upon Trent was identified as one such town.

5.42 Burton was identified by the draft Regional Spatial Strategy for substantial growth in the period up to 2026. Policy

CF3, as recommended to be amended by the panel, proposed 13,000 new homes for East Staffordshire, of which

11,000 would be in Burton, in the period from 2006 to 2026.

5.43 In terms of employment, it was proposed by Policy PA6A that East Staffordshire should maintain a rolling five

year requirement of employment land equivalent to 50 hectares, a minimum 10 year indicative requirement of 100

hectares and an indicative long term requirement for the plan period of 200 hectares. The indicative long term

requirement was to take into account also the redevelopment of Drakelow Power Station in neighbouring South

Derbyshire.

Local Planning Policy

East Staffordshire Local Plan – July 2006

5.44 The Local Plan was adopted on 20 July 2006 and formally replaced the East Staffordshire Local Plan adopted in

March 1999. The plan covers the period 1996 to 2011 and will remain in force until such time it has been

replaced by a new plan.

5.45 On 20 July 2009, a number of policies contained within the adopted Local Plan were saved. However, a large

number of policies were not saved and are no longer relevant for decision making.

5.46 The spatial strategy adopted by the Local Plan is to concentrate new development within the two main towns of

Burton upon Trent and Uttoxeter. Policy CSP4 – Urban and Rural Regeneration – notes that Burton upon Trent

and Uttoxeter are towns with scope for regeneration to assist economic recovery and diversification and to

improve their physical environment.

5.47 Policy NE1 – Development outside Development Boundaries - is closely aligned to this strategy. Essentially,

Policy NE1 presumes against built development outside the development boundaries shown on the proposals

map, unless the development cannot reasonably be located within existing settlement and meets a number of

criteria.

5.48 This sequential approach is confirmed in the explanatory text to Policy H1 – Housing Provision (no longer saved)

and Policy H2 – Large Windfall Sites. The housing requirement for East Staffordshire for the 15 year plan period

is 6,500 dwellings (that equates to 433 houses per annum), with most new development to be provided in or

adjoining the towns of Burton and Uttoxeter. At least 50% of the dwellings are to be on brownfield sites.

5.49 However, by the time the plan was adopted in 2006, the number of houses completed or committed by planning

permission exceeded the total Structure Plan requirement for the plan period (1996 to 2011). On this basis, no

new housing allocations were deemed either necessary or beneficial.

5.50 It was in this context, that Policy H2 – Housing: Large Windfall Sites – followed the general approach of Policies

CSP4 and NE1 by seeking to ensure that urban sites on previously developed land are released for development



before greenfield sites. Policy H2 concludes that greenfield sites will not be permitted unless it can be clearly

demonstrated that the Structure Plan requirement cannot be met through use of sites on previously developed

land.

5.51 The Preferred Option to the draft Local Plan is considered later on in this section. However, it should be noted

that the draft Local Plan has a completely different context to the adopted Local Plan. The draft Local Plan

recognises that there is a need for substantial greenfield development as there is insufficient capacity of

brownfield land within the existing major settlements. On this basis, the spatial strategy of the adopted Local Plan

has little relevance in the consideration of the application proposals.

5.52 The application site falls outside the development boundary defined by Policy NE1. The current development

boundary to this part of Burton runs along the A38 and then Branston Road to the point where it crosses the

canal.

5.53 Other relevant designations are the canal that runs through the centre of the site. This is designated as a

conservation area, although the relevant policies (BE6 and BE7) are no longer saved. In addition, part of the site

is shown to be at flood risk but relevant policies have also not been saved. In addition, as will be explained later,

the flood risk map for the site has been revised in agreement with the Environment Agency.

5.54 Apart from these, the site is not protected by any particular designation or policy that presumes against built

development. The site is not located within the Green Belt, that restricts development between Burton upon Trent

and Swadlincote, is not recognised for its landscape quality, nor is recognised as a site of nature conservation

interest.

5.55 Policy E1 concerns employment land supply. This states that the Borough Council will ensure an adequate

supply of land for employment development throughout the plan period to meet the Structure Plan requirements,

local, national and international demands for a range of development sites, and to maximise the potential of the

A38 and A50 transport corridors in suitable locations.

5.56 There are a number of transportation policies that are relevant. Policy T1 – Transport: General Principles for New

Development – states the Borough Council will not permit development where it would unacceptably harm the

safe and efficient use of the highway network or compromise the implementation of the Local Transport Plan Area

Strategies. It states further that where development proposals would have a significant impact on the highway

network, but would otherwise be acceptable, a condition will be made that no development shall be occupied or

brought into use until required highway works have been carried out. The Borough Council will also seek to

secure agreement with applicants to make an appropriate contribution towards the cost of any necessary highway

improvements, provide a contribution towards the provision of public transport services and facilities, walking and

cycling facilities arising as a result of the development, and prepare and implement a Green Transport Plan

encouraging alternative forms of transport.

5.57 Policy T2 concerns the strategic highway network. It states that planning permission will not be granted for a

development which by reason of its traffic generation or otherwise would have a significant adverse effect on the

safe and expeditious movement of long distance, through traffic on the trunk road network.

5.58 Policy T3 concerns proposals impacting on the A38. This policy identifies a number of measures to reduce the

impact on the A38 and to mitigate any increases in traffic. These include:-

Contributions towards improvements from developers of developments that will have an impact on traffic

flows on the A38.



Require developments to implement and monitor effective Green Transport Plans.

To encourage mixed use development in the vicinity of the A38 to reduce the need to use the A38.

5.59 Policy T4 concerns the Burton Urban Area Transport Management Study. It states the Borough Council will have

regard to this study when assessing planning applications that may have a significant impact on the

transportation network around Burton. Contributions towards mitigating any such impact will be negotiated where

necessary.

5.60 Policy CSP6 concerns the National Forest. The National Forest covers much of East Staffordshire, including the

urban area of Burton upon Trent. The policy states that the Borough Council will pursue a robust and imaginative

approach towards development in the area whilst ensuring that the commercial return from development will help

to support implementation of the Forest strategy. Through more detailed policies elsewhere in the plan (Policies

NE14 and 15), Policy CSP6 states that the Borough Council will promote:-

“Conversion of land to woodland and other forest related purposes through planning obligations;

Enhancement of built development through related landscaping;

The Forest as an exemplar of sustainable development;

The development of tourism, leisure, rural diversification and the woodland economy;

New developments that relate well to their National Forest setting.”

5.61 Policy NE14 provides guidance on planting schemes within the National Forest. The policy reads:-

“In assessing the adequacy of the planting scheme for individual development proposals within the

boundary of the National Forest, the Borough Council will have regard to the aims of the National

Forest strategy and the following criteria:

(a) the existing landscape character of the site and surrounding locality in accordance with

Policy NE4 and as described in Supplementary Planning Guidance;

(b) the extent to which the National Forest planting guidelines contained in Appendix 8 have

been followed in the submission of the planning application;

(c) any physical, ecological, archaeological or environmental constraints affecting the site;

(d) the extent to which the scheme reflects its National Forest context and provides an

appropriate landscaped setting for the development, including any off-site planting;

(e) the scale, type and characteristics of the development. “

5.62 Appendix 8 states that 20% of the development site area of either housing developments over 0.5 hectares or

industrial, commercial and leisure developments over 1 hectare are to be woodland planting and landscaping,

either on site or near to the development. However, we understand that the National Forest planting guidelines

have subsequently been revised and that the guidelines contained within the Third Edition 2005 Guide for

Developers and Planners, published by the National Forest, now take precedence. These guidelines now add a

further development category for housing developments over 10 hectares and industrial, commercial and leisure

developments over 10 hectares. For sites of this size, 30% of the development area is to be woodland planting

and landscaping.



5.63 The National Forest Guide for Developers and Planners advises that the main emphasis will be upon woodland

planting (at least 50% of the landscaped area). However, open space and other landscaping with trees can also

be included. The diversity of what is acceptable and appropriate is explained further in the National Forest Guide

under the heading of Meeting Development Objectives. The principal objectives are:-

Creating an attractive wooded setting.

Creating and managing wildlife habitats.

Creating new access and recreational opportunities.

Meeting strategic policy objectives.

Involving local communities.

5.64 Further detail is provided under the heading of Forest Gain Options. These are:-

New woodlands.

Woodland belts.

New spinneys.

Parklands.

Community orchards.

Roadside/avenue trees.

Development landscaping.

Garden trees.

Open space.

Wildlife habitat and species.

Historic heritage.

Access.

Recreation and tourism.

Interpretation and way-marking.

5.65 In terms of access, the Guide notes that wherever possible access for walkers should be provided. In woodlands,

this can be in the form of forest paths and rides. The creation of appropriate recreation and visitor facilities can

include nature trails and orienteering courses. Interpretation of way-marking may be appropriate by installing

interpretative boards, producing site information leaflets and way-marking new paths.

5.66 Explanatory text to Policy NE14 and NE15 explains that the Borough Council, in negotiating National Forest

planting, will accept the agreed scheme as incorporating the open space requirements of Policy L2, apart from

children‟s play spaces set out in associated Supplementary Planning Guidance.

5.67 Policy NE15 deals with the implementation of planting schemes within the National Forest. This states that the

implementation of planting and landscaping schemes for approved new development in the National Forest will

be secured by means of condition, or the negotiation of a planning obligation, or a combination of those measures

appropriate to the individual circumstances of the application. The measures may include:-

The means and timescale for implementation.



The nature of any obligation in respect of off-site planting.

Details for the payment of a commuted sum in lieu of planting.

Secure arrangements for the management and maintenance of such landscaped areas, including any open

space, by appropriate person or body.

5.68 Policy L2 concerns landscaping and green space. It requires that where development of 10 or more dwellings

occurs in areas that are deficient either in terms of basic access to green space or to green space of an

appropriate quality, the developer will be required to contribute towards addressing these deficiencies in

proportion to the demand created by the development. Further detail is provided in the Borough Council‟s

Supplementary Planning Guidance. These requirements must be secured by legally binding arrangements on or

before the issue of planning permission. The future maintenance of the public green space and their associated

facilities must be provided for, either by the transfer of the relevant land to a public authority together with a

payment of an appropriate commuted sum, or by some other agreed arrangement giving equal security for long

term maintenance.

5.69 Policy BE1 concerns design. This policy states that the Borough Council will approve applications for

developments which respond positively to the context of the area surrounding the site of the application and in

itself exhibit a high quality of design which corresponds to or enhances surrounding development. The Borough

Council will have regard to a number of factors, including layout, provision of open space, density and mix,

massing, heights and materials.

5.70 Policy H6 provides guidance on housing design, particularly densities. Development will only be permitted where

it makes the best use of land and buildings. Outside town centres, a net density of no less than 30 dwellings per

hectare is required.

5.71 Policy H12 covers affordable housing. For sites with a capacity of 25 or more houses, the Borough Council will

negotiate for the inclusion of an appropriate element of affordable housing where a need for such housing is

shown to exist. Such housing should address any particular needs identified in any adopted housing needs

survey as may be updated from time to time. Any affordable housing will be subject to binding agreements to

secure its continuing occupation by those who need it.

5.72 Policy R1 concerns retailing and town centres. Planning applications for retail development outside the defined

town centre will not be permitted unless a need can be demonstrated for the proposed development and certain

criteria are satisfied. These criteria refer to impact, sequential assessment, transportation and design.

Supplementary Planning Guidance

5.73 Since September 2008, a number of supplementary planning documents have been produced. These concern

design, open space, housing choice (specifically affordable housing), and guidance on the production of master

plans for potential core strategy allocations.

Design Guide SPD (September 2008)

5.74 This document seeks to promote high quality design in new development in the Borough. It explains ESBC‟s

approach to urban design in line with then national planning policy. It sets out the current approach to design,

establishing important ground rules and encouraging better practice.

5.75 A fuller review of this guide, and how the proposed development meets its requirements, is set out in the Design

and Access Statement.



Open Space SPD (September 2010)

5.76 The Open Space SPD provides guidance on the quality and quantity of open space which should be provided for

housing development greater than 10 units. For Burton, the following standards apply:-

Table 2 – Open Space Standards for Burton

Typology Calculation (hectares)

Playing Pitches Number of dwellings x 2.32 x 1.23/1,000

Equipped Child‟s Play Number of dwellings x 0.7/10,000

Parks and Gardens Number of dwellings x 42.23/10,000

Semi-Natural Green Space Number of dwellings x 35.03/10,000

Amenity Green Space Number of dwellings x 10.44/10,000

Allotments Number of dwellings x 3.71/10,000

Source: Page 8 to ESBC Open Space SPD

5.77 The SPD considers whether open space should be provided on or off site. Where a proposed development is of

sufficient size, the expectation is that open space will be provided on site. This is particularly important with

amenity open space. However, for sites greater than 10 dwellings, the Council will accept a commuted sum

towards the provision of new off site open space or enhancement of existing open space within the

neighbourhood. In addition, there may be instances where a combination of on site provision and a commuted

sum towards off site provision or enhancement will be appropriate.

5.78 Irrespective of whether open space is provided on or off site, where developers wish to transfer open space to the

Council, they will be required to pay a sum to cover 15 years‟ maintenance. The SPD does not provide guidance

on how such a sum would be calculated.

Housing Choice SPD (December 2010)

5.79 The Housing Choice Supplementary Planning document was adopted in December 2010. A detailed review of

this document, and associated policy, is provided in the Affordable Housing Statement. The principal policy

guidance is summarised below.

5.80 Section 3 is entitled Aspirational Housing. Policy guidance states that the Council encourages the provision of

housing types in Burton which will meet the aspirations of managers, senior officials and professionals. This is

part of an overall strategy to increase high value added employment in Burton.

5.81 Paragraph 4.21 of the SPD states that there is evidence of need for affordable housing in all parts of the Borough.

As such, the Council will expect an affordable housing contribution on all sites above the threshold (25 houses)

where the evidence available to the Council indicates that this is viable. The current affordable housing

contributions being sought are provided in Appendix 1 to the SPD.



5.82 The affordable housing contribution currently assessed to be viable for sustainable urban extension sites is 15%

of total dwellings.

5.83 The SPD provides guidance on the mix of affordable housing, both in terms of social rented and intermediate.

This provides guidance on difference percentages depending on the number of beds in each home. The mix of

affordable housing on larger sites should reflect these mixes.

5.84 Paragraph 4.36 states that the Council will accept a commuted sum in lieu of more than 15% on site affordable

housing. As such, in normal circumstances, if the overall percentage requirement for urban extension sites

increased to above 15% (to say 20%), then the additional (5%) could be commuted. The formula for calculating

such a sum is provided in Paragraph 4.39 and in Appendix 1.

5.85 However, the guidance states in Paragraph 4.38 that the Council will consider the payment of a commuted sum in

lieu of on site affordable housing only where there is a robust justification. This justification might refer to:-

where there is already a dominance of affordable housing in the immediate area of the site such that

provision of additional affordable housing on site would be contrary to the creation of a mixed community;

and

where the integrity or sustainability of the form of development most suited on a site would be compromised

by the integration of affordable housing for reasons which are clearly set out and justified.

5.86 In Paragraph 4.41, it is stated that the Council does not wish to see large concentrations of new social rented

housing, since this runs contrary to the promotion of sustainable mixed communities.

Guidance on the Development Principles to inform the Master Planning of Potential Core Strategy Allocations

(November 2010)

5.87 This guidance was issued in November 2010 and amended in February 2011. It provides a vision for the

Borough. It states that the Council is leading a place shaping agenda that will deliver a radical enhancement to

the quality and extent of the commercial, business and housing offer that is currently available in Burton upon

Trent and its suburbs. Essentially, the Borough Council considers that growth is the best means of ensuring a

step change in the Borough‟s economic prosperity.

5.88 The guidance on the development principles sets out a number of the step change themes. These are:-

Better choice of housing for all.

Addressing imbalance in housing mix.

More diverse, dynamic and high value economy.

Transformation of town centres.

Cohesive communities.

High quality green infrastructure.

Sustainable transport and highway infrastructure.

5.89 In Paragraph 5.2, it is noted that:-

“The aspirations of change within East Staffordshire will see an expansion of the existing urban area,

predominantly in Burton upon Trent. The limited availability of brownfield sites, coupled with the



need to match housing needs with employment growth, requires the release of greenfield sites for

housing and employment.”

5.90 Section 6 deals with the strategic location of development. Most new developments, including housing,

employment and mixed use development, will take place in and around Burton upon Trent, with smaller but

significant amounts in Uttoxeter.

5.91 Section 7 concerns the principles for development. Any future greenfield development should conform to four

principal criteria:-

The creation of new sustainable communities, not merely housing.

Green infrastructure-led, with a relatively high proportion of the total area designed as structural open

space.

The design standard for all development to be of the highest quality.

The development to be built to the highest viable energy standards.

5.92 Section 9 is headed Sustainable Urban Extensions. To meet the current development requirements for the

Borough, it is considered that the Core Strategy will need to identify a number of urban extensions to Burton upon

Trent and Uttoxeter. The master plans for each site will need to take into account a number of criteria. These

include:-

A broad balance and range of housing choice.

Wide range of local employment opportunity.

Appropriate level of retail, leisure, social, cultural, community and health facilities.

Nursery, primary and, where necessary, secondary educational needs.

Cycle ways and walking routes.

Frequent, viable and accessible bus service.

Aim at reducing private car dependency.

A network of green spaces.

Respect of the environmental character of its rural surroundings and/or existing townscape character.

Provision of local waste management facilities.

Other sustainable targets (including meeting Code for Sustainable Homes Level 3).

5.93 The choice for strategic sites for inclusion in the Core Strategy will be made against a number of criteria (Section

10 – Outcomes). These are:-

Site specific vision statement.

Development principles and objectives.

Site framework plan.

Section 106 obligations.

5.94 The final section (Section 11) to the Guidance on the Development Principles considers process. It notes that the

Borough Council intends to produce a series of master plans by summer 2011. It cautions that the considered

sites will have no endorsement until they have been progressed through the subsequent stages of the Core



Strategy, subject to any amendments to the LDF process in due course. Therefore, the status of the master plan

will be part of the evidence base feeding into the preparation of the Core Strategy. Once the Core Strategy is

adopted, and the sites allocated and development confirmed, then formal master plans will need to be prepared

for each site, to accommodate changes made during the Core Strategy preparation process, and in order to

underpin any subsequent planning applications.

5.95 Finally, it notes in Paragraph 11.4 that primarily the sites will be greenfield sites to the west and south of Burton

upon Trent and around Uttoxeter, and the key strategic villages.

Growth Point Status

5.96 Burton was awarded Growth Point Status by the Government in 2006. This requires the provision of a minimum

of 500 houses per year for 20 years – i.e. 10,000 houses.

Preferred Option to the Draft East Staffordshire Local Plan – July 2012

5.97 The Preferred Option to the East Staffordshire Local Plan – Planning for Change – was published for public

consultation on 25 July 2012. Consultation ran to 21 September 2012. Currently the draft Local Plan is

scheduled to be submitted to the Secretary of State in Autumn 2013.

5.98 Paragraph 5.32 of the Preferred Option identifies the growth requirement for the Borough for the period between

2012 and 2031 – the plan period. The growth requirement in terms of housing is 8,935 homes. It notes that to

deliver this amount of growth, the Council needs to develop both brownfield and greenfield allocations in Burton

and Uttoxeter.

5.99 Since publication of the Preferred Option, more recent data (2012 ONS based on 2011 census) has been issued

by Central Government on population growth. This indicates that population growth will be greater than

previously envisaged. This is likely to increase the gross housing requirement for the Borough.

5.100 Paragraphs 5.119 and 5.120 identify how the gross requirement of 8,935 is netted down and then distributed

between Burton‟s strategic sites, Uttoxeter, brownfield windfall sites in the two urban areas, and villages. The

gross requirement of 8,935 is reduced by commitments (existing planning permissions) of 2,223 leaving a net

requirement of 6,712. The 6,712 houses are distributed as follows:-

Burton upon Trent‟s strategic sites – 3,900 (58% of the total).

Uttoxeter – 1,050 (16%)

Brownfield windfall sites in Burton and Uttoxeter – 900 (13%)

Villages – 865 (13%).

5.101 In Paragraph 5.37, reference is made to previous consultation arguing that brownfield sites should be considered

in preference to greenfield sites. However, it notes subsequently in Paragraph 5.38 that the delivery of housing to

meet the needs of the Borough means that greenfield development is inevitable. Such sites are to be located on

the urban edge and to form part of a green infrastructure led approach to growth, which integrates and enhances

the Borough‟s natural assets.

5.102 Paragraph 5.42 looks at the options considered by the Council and tested by the sustainability appraisal. Five

options have been tested, as follows:-

Table 3 – Spatial Options tested by the Borough Council



Option Type Comment

1 Urban Extensions Development in just Burton and Uttoxeter with no village

development.

2 Urban Extensions plus Villages Development in Burton and Uttoxeter plus two or more

strategic villages.

3 Equal Distribution Development distributed equally across villages and towns.

4 Single Urban Focus All development to be in just Burton upon Trent or Uttoxeter.

5 New Settlement To create a brand new settlement in the rural areas.

Source: ESBC‟s Preferred Option to the Local Plan

5.103 Option 2 – Urban Extensions plus Villages – is the preferred option. It is considered that this option provides a

more balanced approach to growth, addressing rural needs whilst basing the majority of growth in the main urban

centres and areas of need. In addition, the amount of growth in the urban areas should help to fund infrastructure

improvements to mitigate the impact of development.

5.104 In addition, Option 2 is preferred as the most sustainable option because the broad range of significant benefits

that sustainable urban extensions bring. These relate to housing choice, employment opportunities, greater

opportunities for large scale green infrastructure, and larger potential for services and facilities such as public

transport and local centres. These are all considered to be significant infrastructure advantages and to allow

phasing of development and infrastructure delivery.

5.105 Having preferred Spatial Option 2, four strategic options are then considered. These are as follows:-

Table 4 – Strategic Options tested by the Borough Council

Option Description

2a Concentrating growth to the west and north of Burton and some growth to the west of Uttoxeter

and the strategic villages.

2b Concentrating most growth in the Outwards and Stretton areas of Burton and some development

to the south of Uttoxeter and the strategic villages.

2c More dispersed growth surrounding Burton and some development to the south of Uttoxeter and

the strategic villages.

2d Concentrating the growth in the south of Burton and some development in the west of Uttoxeter

and a range of villages.

Source: ESBC‟s Preferred Option to the Local Plan

5.106 These options are illustrated and described from Page 59 to Page 68 of the Preferred Option. Options 2a and 2b

concentrate on greenfield development at Beam Hill and Land South of Branston (Option 2a) and Beam Hill and

other sites to the north of Burton (Option 2b). Options 2c and 2d do include substantial levels of development at



Branston Locks. Option 2c identifies Branston Locks with 2,000 houses and 20 hectares of employment land.

Other developments in this option are directed towards Beam Hill and land towards the south of Beam Hill.

Option 2d identifies Branston Locks and Land South of Branston as the principal greenfield options, sharing 2,750

houses and with 20 hectares of new employment land at Branston Locks.

5.107 Option 2d is considered to represent the most sustainable option and is the Council‟s preferred option. It is

considered to be the most sustainable option as it provides large sustainable mixed use urban extensions in both

Burton and Uttoxeter, which as well as providing a broad range of housing type and mix, would also provide

additional services and facilities for the town, and more employment land. In addition, this option proposes more

development on brownfield sites in the town which would increase the vitality and viability of the town centres,

and reduce pressure on greenfield sites, compared to some other options.

5.108 The Preferred Option map for Burton upon Trent is provided by Figure 5.7 and a colour copy extract is provided

below.

Figure 5.7 from the Preferred Option to the Draft East Staffordshire Local Plan (July 2012)



5.109 This figure is summarised also by Table 5.1. For ease of reference, this table is reproduced below.

Table 5 – Table 5.1 to the Preferred Option of the Local Plan

Location

Approximate No. of

Residential Units/Hectares

for Employment

Delivery Timescales

Brownfield Pirelli 300 units Short term

Brownfield Branston Depot 450 units Medium to long term

Brownfield Bargates 100 units Medium to long term

Greenfield Lawns Farm (SUE), and Land

South of Branston

2,750 units

20 hectares (new provision)

Medium to long term

Greenfield Tutbury Road/Harehedge Lane 300 units Short term

Source: ESBC

5.110 Branston Locks (or Lawns Farm as it is referred to in the Preferred Option) is considered in greater detail in

Paragraphs 5.130 and 5.131. Paragraph 5.130 is very positive about the opportunity that this site can deliver. It

states:-

“This site will create a sustainable new community. This is particularly important in this location

because of the impact of the A38 and the way in which it severs the site from the rest of Burton.

This is seen as an opportunity rather than a threat because the new community can be a distinctive

place and be relatively self-sufficient with the provision of schools and facilities. Road links from

Lawns Farm into Burton town centre are good and direct. The site provides opportunities to provide

green links running through the site, incorporate the attractive landscape setting to the west and

utilising the location of Burton at the heart of the National Forest. Green links and cycling routes

could also be accommodated along existing canal routes linking the site to the nearby water park.

Additionally the type and level of employment that could physically be located in this location will be

accessible and desirable to business. No other site on Burton’s urban periphery could deliver this

level of growth.”

5.111 Paragraph 5.131 outlines the Council‟s preferred approach in terms of Branston Locks and Land South of

Branston. It notes that the intention is to undertake further work, engage directly with the promoters of both sites,

to determine an appropriate distribution of this total allocation figure in the strategic growth area to the south and

south west of Burton.

5.112 Chapter 6 to the Preferred Option sets out strategic policies. Many of these policies confirm what has been

summarised above.

5.113 Policy SP1 sets out principles to be applied in determining the location and scale of development. This refers to

Burton upon Trent‟s strategic allocations. Reference is made to a “strategic area (mixed use)” of 2,750 homes

referring to Branston Locks and Land South of Branston.



5.114 Policy SP4 concerns sustainable urban extensions. The policy reads:-

“All sustainable urban extension (Lawns Farm and West of Uttoxeter), will make provision for:

A broad balance and range of housing choice including both market and formal housing, with

density being determined through a design-led approach;

Access to a wide range of local employment opportunities that offer a choice of jobs and

training prospects, both on site if appropriate and in the adjacent existing urban area;

An appropriate level of retail, leisure, social, cultural, community and health facilities that meet

local needs but do not complete with town centres, and good links to existing facilities in

adjacent urban areas;

Nursery, primary and, where necessary, secondary educational needs based on up to date data

regarding school capacity and demand;

Measures to achieve the overall aim of reducing car usage by an agreed proportion compared

to the number of car movements that are forecast to be made without any measures in place;

Access to well designed, separate, but secure, cycle ways (both off and on road) and walking

routes serving the local facilities;

Housing located within a maximum walking distance of 300m of a frequent, viable and

accessible bus service;

A network of green spaces linking the sustainable urban extension to the wider green

infrastructure network. The Council require the development to meet the principles set out in

Policy SP6. The provision and purpose of green infrastructure needs to be integrated into the

planning of the sustainable urban extension right from the outset;

Development that respects the environmental character of its rural surroundings and existing

townscape character. Particular attention should be given to the creation of a well-designed

edge to development and a sensitive transition to adjoining areas in the wider countryside.

Proposals will need to include plans for the long term use and management of these areas;

Local waste management facilities and neighbourhood waste management facilities for

separation, storage and collection of waste, to increase the efficiency of its subsequent reuse,

recycling and treatment;

Incorporate renewable or low carbon energy supply on a district-wide or decentralised basis

unless it can be satisfactorily demonstrated that this is not possible without rendering the

scheme unviable, or it would create serious amenity or environmental problems;

The conservation of water resources and the implementation of sustainable drainage systems;

That sustainable urban developments will be built in accordance with the infrastructure phasing

schedule (to be prepared) (see Policy SP1).”

5.115 Policy SP6, as referred to in Policy SP4, refers to green infrastructure. Reference in this policy is made to the

East Staffordshire Green Infrastructure Study. This sets out a number of standards for green infrastructure to be

met. These include:-

New green infrastructure should connect to and enhance existing green infrastructure.

New green spaces should be designed to serve more than one function to maximise public benefit.



Developers to agree robust delivery and funding mechanisms with the Borough Council to secure the ongoing

management.

New green infrastructure to be in keeping with the existing landscape character of development sites.

All developments should identify key diversity habitats, features of geological interest and all other

environmental assets at the master planning stage and, where possible, enhance these features through

positive management.

Development design shall include street trees and urban woodland, including National Forest planting.

All developments shall be served by Sustainable Urban Drainage Systems where feasible.

Linear green infrastructure to be used within developments to encourage a modal shift towards more

sustainable modes of transport.

5.116 Policy SP7 refers to open space, sports and recreation areas. Reference is made to the local standards identified

in the Open Space Supplementary Planning document.

5.117 A similar approach is taken with Policy SP8 in terms of the mix of housing on site. Reference is made to the

Housing Choice SPD.

5.118 Policy SP9 concerns affordable housing. This states that:-

“Where the amount of affordable housing to be provided on a development is less than 15% of the

total number of dwellings, all affordable housing shall be provided on site unless there are exceptional

circumstances. Where the amount of affordable house to be provided is more than 15% of the total

number of dwellings, 15% of dwellings shall be provided as on site affordable housing unless there are

exceptional circumstances, but a commuted sum may be accepted in lieu of further on site affordable

housing. Exceptional circumstances are where the Council determines the provision of affordable

housing on site would be contrary to the creation of a sustainable, inclusive, mixed community.”

5.119 Policy SP11 deals with employment land. It states that to ensure the provision of a mix of employment types on

strategic sites, the Council will require a mix of B1, B2 and B8 uses on these sites.

5.120 Policies SP13 and SP15 deal with proposals for new community facilities and retailing. These policies follow

national planning guidance and already adopted Local Plan policy.

5.121 Policy SP17 concerns National Forest planting. This policy reflects the guidance contained in the adopted Local

Plan and the latest guide issued by the National Forest for developers and planners.

5.122 Policy SP19 refers to renewable and low carbon energy generation. This policy states that opportunities where

development can draw its energy supply from decentralised, renewable or low carbon energy supply systems and

for co-locating potential heat customers will be encouraged. Details of this policy, and related issues, are

provided in the Sustainability Statement produced by SLR Consulting.

5.123 Finally, Policy DP8 – Historic Environment – provides guidance on development that may impact upon the setting

of a conservation area or listed building. Details of this policy, and related issues, are provided in the Heritage

Statement produced by AOC Archaeology.



Evidence Base to Draft Local Plan

5.124 The evidence base to the draft Local Plan is extensive covering a number of different issues and topics. One of

the documents is the Strategic Housing Land Availability Assessment (SHLAA) that was last updated in 2012.

This identifies the potential yield for the Branston Locks site to be 2,500 houses.

Representations made by NDQL

5.125 NQDL made representations to ESBC on 20 September 2012. These representations were broadly supportive of

the Council‟s approach and the identification of Branston Locks as a Sustainable Urban Extension.

5.126 The representations of NDQL provided ESBC with more information about the development proposals and

sought particularly to emphasise the deliverability and viability of Branston Locks. A delivery route plan – similar

to the one presented in the next section – provided details of phasing and supporting infrastructure.

5.127 In addition, more detailed comments were passed about a number of policies. These included:

Table 5

Policy SP1

Policy SP2

Policy SP4

5.128 Specifically, NDQL advised that Branston Locks could be delivered independently to land south of Branston,

should be considered as a strategic allocation in its own right and described as such. In addition, NDQL advised

that development of the site could start in the short term (rather than medium term as referred to by Table 5).



6 Strategic Planning Issues

The Principle of Development

6.1 The Branston Locks proposals conform fully with the relevant planning guidance contained in the NPPF and the

evolving Local Plan. They also relate well to relevant saved policies of the adopted Local Plan and subsequently

issued supplementary planning guidance on issues such as design, affordable housing, open space provision,

National Forest planting and education.

6.2 The NPPF sets out a number of key objectives. These include:-

Building a strong competitive economy.




The Branston Locks development supports fully and responds to these objectives.

6.3 The NPPF considers that large scale mixed use development, such as sustainable urban extensions, can provide

the best way of achieving sustainable development, particularly if key facilities such as primary schools and

shops are located within easy walking distance of most properties. Branston Locks has been designed and

planned on this basis.

6.4 ESBC has an ambitious growth strategy. It is looking for a step change in the local economy and a radical

enhancement of the quality and extent of commercial, business and housing offer that is currently available in

Burton and its suburbs. Branston Locks‟ inherent characteristics and its strategic location will enable ESBC to

fulfil this ambition.

6.5 The Preferred Option to the draft Local Plan identifies Branston Locks as a new sustainable community that can

be a distinctive place and relatively self-sufficient in terms of schooling, local services and facilities. It recognises

that no other site on Burton‟s urban periphery can deliver the level and quality of growth sought.

6.6 Policy SP4 of the Preferred Option concerns sustainable urban extensions and sets out a list of criteria and

requirements specifically for development at Branston Locks and land west of Uttoxeter. These concern housing,

employment, local services (such as retailing), schooling, transport management, cycling and walking, bus

services, green infrastructure, environment and townscape, waste management, energy, sustainable drainage

and phasing.

6.7 Through careful design and planning, Branston Locks meets all these requirements. How these requirements are

met is explored in greater detail below under separate headings in this section and Section 7.

Housing

6.8 The number of houses proposed – 2,500 – has evolved through the design and consultation process. At the start

of the process, 3,000 houses was considered to be the natural capacity of the site. This reduced to 2,850 for the

purposes of public consultation and then to 2,500 as a response to greater consideration on a number of issues,

including the relationship of housing to proposed employment land, noise, provision of open space and National

Forest planting.



6.9 The number of houses proposed matches the capacity of the site accorded to it by the 2012 Strategic Housing

Land Availability Assessment produced by the Borough Council. It also falls within the aggregate for Branston

Locks and Land South of Branston put forward by Policy SP1 of the Preferred Options to the draft Local Plan.

6.10 A mix and range of houses will be built over a number of different character areas. This will maximise the

marketability of the houses built and help the Borough Council achieve a significant increase in the delivery of

new housing.

6.11 The accent will be on quality, rather than quantity. This is essential for a large scale development, where

setting the tone from the start is important.

6.12 To achieve the right quality of development requires a strong and imaginative design-led approach. Node

Design has achieved this with a particular focus on green infrastructure and a layout that provides a strong

central focus of a local centre. This is demonstrated on the illustrative Master Plan in Appendix 4 and in the

Design and Access Statement.

6.13 The drive for quality has been led also by the stated aim of ESBC to provide new housing in Burton which will

meet the aspirations of managers, senior officials and professionals. This aim, spelt out in both the Housing

Choice SPD and the Guidance on the Development Principles to Inform the Master Planning of Potential Core

Strategy Allocations, is part of the overall strategy to increase high value added employment in Burton.

6.14 The phasing of development is considered in greater detail below. However, it is worth noting at this point that

the Branston Locks development can release land in the short term, without significant up front infrastructure

being required, to help the Borough Council meet its statutory requirements for maintaining a housing land

supply.

Affordable Housing and Care for the Elderly

6.15 The Branston Locks development will provide affordable housing.

6.16 The level and type of affordable housing will depend on the up to date evidence on housing need in this part of

the Borough, how provision will help create a cohesive new community, specific factors relating to the

development (e.g. other infrastructure requirements) and viability. The importance of the latter has been

stressed by the recent ministerial statement issued by Eric Pickles on housing and growth.

6.17 A further factor is the stated aim of the Borough Council that the wider spatial strategy, as set out by the

Preferred Option to the Local Plan, should seek to regenerate the inner areas of Burton. Specifically, the need

to improve the existing built stock of housing has been identified. This could be supported by funding from

development of greenfield land in lieu of providing some affordable housing on site.

6.18 This is a matter for future discussion. The context for these discussions is provided in the Affordable Housing

Statement.

6.19 The Branston Locks development proposes care for the elderly of up to 160 beds. Subject to further market

assessment, NDQL is looking to split this accommodation between an 80 bed care home and an 80 bed

assisted living scheme.

6.20 The need for elderly care is justified by both the market and published guidance from ESBC.



6.21 Within a 10 minute drive-time search area, 10 registered care homes have been identified providing a total of

290 beds. Based on the population within this same catchment and the national rate of supply of one care

home place for every 10.6 people over the age of 75, the catchment has a bed demand of 490. This indicates

an under-supply of 200 beds even before the Branston Locks scheme is developed.

6.22 The level of demand for assisted living accommodation is more difficult to assess. However, there is generally

thought to be an under-supply of housing designed for the needs of older people within the UK. This is

recognised by the Borough Council in its December 2010 Housing Choice Supplementary Planning Document.

This projects that over 700 new extra care dwellings will be needed in East Staffordshire by 2020 and a further

300 by 2030. On this basis, the SPD states that the Council welcomes applications for suitably designed and

located older person‟s villages and clusters of housing for older people which contribute to the creation of mixed

communities.

6.23 Both the proposed care home and assisted living scheme are located within the local centre. Assisted living

schemes require local amenities to be in close proximity as the majority of residents no longer drive, but are still

active within the community. Operators will be seeking to locate close to a Post Office, convenience store and

other facilities. Registered care homes do not generally need to be in close proximity to local amenities as the

residents do not usually leave the building, other than perhaps to be escorted in a minibus. However, there is a

wider need for the home to be accessible, particularly to staff, many of whom are reliant upon public transport,

and for visitors. Bus routes therefore are a key consideration.

Employment

6.24 A key strategic advantage of Branston Locks is its unrivalled location. It is the best placed site in Burton to

attract business.

6.25 The Employment Land Statement, that supports this application, provides a market based assessment and

gives a market overview of Burton (with a particular focus on Centrum). It identifies target sector markets and

requirements, and assesses the likely floor space demanded by type, parameters for development and

locational criteria. It refers also to the Employment Land Review commissioned by the Borough Council.

6.26 With regard to the latter, the key criteria had been identified as:-

Accessibility to the A38.

Distinction of commercial traffic from other uses (particularly residential).

Separation of B2 and B8 uses from other sensitive uses (e.g. residential).

Accessibility to the amenities in the local centre.

A distinct and critical land mass to allow the fullest flexibility in terms of dividing up plots and phasing.

6.27 The illustrative Master Plan has taken into account these key criteria. The vast majority of employment land

(circa 20 hectares) is located in one distinct area to the east of the canal, with separate and easy access to the

A38 Branston Interchange.

6.28 The Employment Land Statement also considers, where relevant, the Borough Council‟s Employment Land

Review of 2009. This study states;

“Lawns Farm is a large area of land currently in agricultural use which borders the A38 in part and is

easily accessible from the southern A38 Burton junction. It is effectively a mirror site to Centrum 100



to the west of the A38 with all the same advantages… Subject to satisfaction of issues such as

ground conditions, environmental concerns and access, we believe that Lawns Farm could meet the

Borough’s additional employment land needs for the plan period.”

6.29 In summary, Branston Locks is unique in being able to provide prestigious high quality employment land

available for business development that meets the locational requirements of companies, including accessibility

to transportation networks and flexibility in meeting their development requirements (as evidenced by the

success of Centrum). It will provide a further dimension to the profile of the town, and provide the opportunity

for a range of new development which will maximise the economic development potential of the Borough.

Transport Strategy

6.30 The transport strategy for the site focuses on the following key criteria:

reducing the need to travel, especially by car, and managing traffic growth and congestion;

significantly improving opportunities for public transport, walking and cycling;

improving the reliability, capacity, quality, accessibility and coverage of the public transport network;

making better use of the existing transport network through better management; and

only developing additional highway capacity when all other measures have been considered.

6.31 A conscious decision has been made in formulating the transportation strategy to provide a balanced package

of measures which seek to deliver sustainable residential and commercial development. The options for

access have been considered in the context of the likely key destinations within the area and the need to

maintain a hierarchy for sustainable road usage with reference to guidance provided within the Manual for

Streets.

6.32 A comprehensive transport strategy has been devised to maximise accessibility of the site for all modes of

transport. This strategy has been designed to provide:-

good access to Burton on Trent for walking, cycling, public transport and local traffic; and

good access to the trunk road network for longer distance and commercial traffic.

6.33 A detailed explanation of the transport strategy is provided in the Transportation Assessment, the draft

Framework Travel Plan and the Public Transport Strategy. The principal elements are summarised below.

6.34 It is clearly essential that any development at Branston Locks provides effective and safe pedestrian linkages

between the site and the wider Burton area. The principal pedestrian access points will be via the main vehicle

access route. In addition, there are other opportunities for both cycling and pedestrians. These include the

Trent & Mersey Canal, that runs under the A38, and two existing pedestrian crossings under the A38, towards

the north of the site and to the south of the site at Tatenhill Lane, the quality of which will be improved.

6.35 In terms of internal circulation, appropriate crossing facilities will be provided throughout the development to

accord with the main pedestrian/cycle desire lines. At present, a Sustrans route crosses the site. It is intended

that this route be diverted within the site to accommodate the development proposals.

6.36 Public transport access for the development will be via the two main vehicle access points, Branston

Interchange and the access to Shobnall Road to the north. It is envisaged that a service will be provided which

creates a circular route through Centrum and Branston Locks linking to the town centre. The overall aim will be

to provide a bus service of at least 20 minute frequencies peak and 30 minute frequencies off peak.



6.37 In accordance with current Government policy, a comprehensive travel plan will be required for the site. A

detailed travel plan framework has been prepared. This sets out how the development will be managed from a

sustainable travel perspective and includes consideration of trigger points and infrastructure requirements.

6.38 There are two proposed vehicular access points to the development. The strategy has been adopted to provide

high quality access to the adjacent A38(T) both north and south bound. In addition, access has been provided

to the north for local trips via Shobnall Road.

6.39 The principal highway access to Branston Locks will be via Branston Interchange. The proposals for this

access are shown in the Transportation Assessment and the Design and Access Statement.

6.40 Off site improvements will be required, to Branston Interchange in particular, to maintain highway capacity. It is

to be noted that the Highways Agency has a long term improvement scheme for the roundabout and provision

of full signal controls on the junction. It is expected that development at Branston Locks will make a significant

contribution towards this scheme.

6.41 In summary, it is clear that Branston Locks is well located to ensure that the maximum employment and

housing proposed will be fundamentally sustainable and accessible whilst complementing the overall expansion

of Burton upon Trent. Therefore, it will serve to significantly reduce the need for in or out commuting from the

local area.

6.42 Branston Locks is well integrated with the existing transport infrastructure of the west Burton area and the A38

trunk road. It benefits from high quality access to the trunk road and allows high quality access to the strategic

road network without impacting on any local routes.

6.43 Various public transport improvement options are available to ensure the site can benefit from high quality

linkages to the residential areas of Burton. These improvements will benefit not only the development of the

site, but also wider accessibility to the Centrum employment areas. In addition, proposed pedestrian and cycle

links will improve accessibility to and from the site by non-car modes.

6.44 With the implementation of the transport strategy, the proposed mixed use urban extension at Branston Locks

will fully accord with national, regional and local planning policies and ensure that a wholly sustainable

development is achieved.

Phasing, Infrastructure and Delivery

6.45 The NPPF emphasises the importance of delivery and viability. For this reason, and to ensure the commercial

success of the development, NDQL has assessed in increasing detail how the site will be developed.

6.46 As part of this process, NDQL has produced a delivery route plan for the site. This has been generated through

the support of the master planners (Node), the principal agents (Jones Lang LaSalle), the transportation

consultants (DTA) and the consulting engineers (Shepherd Gilmour). A summary of the delivery route plan is

provided below in Table 6. An accompanying phasing plan forms Appendix 5.

Table 6 - Delivery Route Plan

Phase Years Development Proposed Principal Infrastructure & Service Requirements

1 2014- 2017

Up to 600 houses (240 in the north and 360 in the south west) on 17.29 ha (42.7

Site access from the south (Branston Road).

Site access from the north (Shobnall Road).

Improvements to existing bus services.



acres)

Up to 17,049 sq m of employment floor space (Classes B1, B2 and B8) on 3.7 ha (9.2 acres)

1 form of entry primary school (to be extended to up to 3 forms of entry in future phases)

Contribution to wider SCC Transport Strategy initiatives.

Create new pedestrian and cycle routes to Shobnall Road, Centrum and Branston Road.

8.7 ha (21.5 acres) of strategic green infrastructure, incorporating public open space, SuDS and National Forest planting.

Construct 2 No. (1x100 mm diameter and 1x 225mm diameter) offsite foul drainage connections.

Commission100 mm diameter offsite foul drainage connection.

Construct onsite foul pump station.

Install new electrical connection from Shobnall Road and electrical reinforcements from the south.

Construct two new temporary gas supplies - one from the north and one from the south

Make two new connections from existing onsite water main.

2 2018-2021

Mixed use local centre comprising up to 2,323 sq m food store, up to 1,393 sq m other retail (Classes A1 to A5), up to 929 sq m medical centre (Class D1) and up to 224 houses

160 bed care home

Pub of up to 555 sq m

Up to 358 houses on 10.24 ha (25.3 acres) to the west of the local centre

Up to 37,925 sq m of employment floor space (Classes B1. B2 and B8) and 80 bed hotel on 8.9 ha (22.0 acres)

First Stage capacity improvements to Branston Interchange/Junction D.

Traffic management measures to the villages to the west.

New canal crossing by road bridge.

Further improvements to existing bus routes and provision of public transport hub in the local centre.


Extend network of internal pedestrian and cycle routes and upgrade access to canal footpaths and Sustrans route.


Improve the recreational amenity conferred by Battlestead Ridge.

Bring new 33Kv electrical supply to site via 2 No. new cables from Burton South 132Kv supply.

Construct new electricity primary sub-station onsite.

Provide offsite reinforcement to gas supply via new medium pressure gas main from Shobnall Road/Parkway junction.

Extend onsite foul drainage network.

Provide additional foul water attenuation at pump station

3 2022-2025

Up to 545 houses on 15.56 ha (38.5 acres)

Up to 37,925 sq m of employment floor space (Classes B1, B2 and B8) on 8.85 ha (21.9 acres)

Second stage capacity improvements to Branston Interchange/Junction D.

Completion of continuous route through the site.

Provision of new bus service through site and into Burton town centre.


Further extension of internal pedestrian and cycle routes.


Playing fields and sports club.

Extend onsite gas, water, foul drainage and electrical



supplies.

Commission larger offsite foul drainage connection and abandon smaller bore connection.

4 2026-2029

Up to 773 houses on 22.27 ha (55.0 acres)

Third stage capacity improvements to Branston Interchange/Junction D.

Ongoing funding to new bus service (if required)


Completion of full network of internal pedestrian and cycle routes.


Complete north-south electricity supply networks.

Complete onsite foul networks and final pump station storage capacity.

6.47 It has been assumed that outline planning permission could be granted by the end of 2013 and that a start on

site for Phase 1 could be made during 2014. NDQL is already fielding enquiries for the employment land and

could also bring forward the top of the site for housing (accessed from Shobnall Road) independently.

6.48 The development has a projected design life of 16 years. Broadly, four years per phase has been assumed.

This means the full development is capable of being delivered within the plan period.

6.49 A development of up to 2,500 houses over 16 years gives an average trajectory of around 150 houses per year.

This is considered to be achievable given the quality of the opportunity, the overall required rate for the

Borough (circa 450 houses per annum), the lack of allocated housing sites (no housing allocations were made

in the 2006 adopted Local Plan), and the importance of the site to the delivery of the overall strategy of the

Local Plan.

6.50 The level of employment land has been market tested, with specific reference to Centrum. A similar scale and

mix of development is anticipated with this being built out over the first three phases.

6.51 A similar market testing exercise has been carried out in respect of the local centre and the residential care unit.

Currently, it is anticipated that these elements will be brought forward in the second phase of the development.

6.52 The phases of the development have been carefully conceived, both individually and cumulatively. The phases

have been designed so that each phase is capable of being delivered without being dependant on other

phases. For example, each phase contains the appropriate level of green infrastructure. In addition, each

phase can bear its own infrastructure requirements.

6.53 Cumulatively, the infrastructure and service requirements assume for the purposes of robust assessment that

Branston Locks will provide all necessary improvements to Branston Interchange required as a result of the

proposed Branston Locks scheme. All other proposed developments in the vicinity (with reference to Drakelow

Park, Land South of Branston and Branston Depot) should share the burden of necessary improvements to

Branston Interchange and it is anticipated that, if and when they are developed, they will contribute

appropriately. However, there is no certainty about the timing, likelihood or scale of these developments.

Therefore, to ensure that Branston Locks can be delivered independently, NDQL has taken a robust approach

to this element of infrastructure provision in assessing potential costs and timing of delivery.



6.54 For these reasons, NDQL has full confidence that Branston Locks can be delivered without any reliance on third

parties. Its development will help the Borough Council meet its aspiration for housing and economic growth in

the most sustainable and commercially deliverable way.



7 Other Planning Issues

Local Centre

7.1 The local centre is an important element of the overall development. It provides a focus to Branston Locks and

will help to ensure that the new community created will be relatively self sufficient and wholly sustainable.

7.2 All the proposed principal town centre uses (as recognised by NPPF) will be located within the local centre.

These include:

Convenience food store of up to 2,323 sq m (25,000 sq ft) gross floor space.

Smaller retailing, both convenience and comparison, totalling 1,393 sq m (15,000 sq ft) gross floor

space.

Pub/restaurant of 555 sq m (6,000 sq ft) gross floor space.

Medical centre and associated community uses of up to 929 sq m (10,000 sq ft).

7.3 Policy SP4 of the Preferred Option to the Local Plan seeks an appropriate level of retail, leisure, social, cultural,

community and health facilities to be provided in sustainable urban extensions that meet local needs, but do not

compete with town centres. A Retail Assessment has been produced to support the application. This

Assessment considers, inter alia, the impact of the local centre on Burton town centre and applies a sequential

assessment.

7.4 It concludes that there will be more than sufficient spending within the catchment area to enable existing in

centre stores to offset much of the impact generated by the proposal. This indicates that there will be no

adverse impact arising from the retail element of the development proposals and that there may be a need for

further convenience floor space in Burton over the plan period.

7.5 The proposed retail provision, in the form of a new centre, is required to support and address local needs

arising from the Branston Locks development. As such, it is not considered necessary to undertake a

sequential assessment to identify sites elsewhere within the Borough.

7.6 The Retail Assessment concludes that the proposals are consistent with the adopted and emerging

development plan and the NPPF and will secure a sustainable development that needs local needs without

adversely impacting upon existing centres.

7.7 The illustrative Master Plan has considered carefully where the local centre should be situated. The chosen

location towards the centre of the development means that it will be accessible to all, including those employed

in companies either side of the canal, by all modes of transport. It will accessed by the principal road running

through the site and will be well connected to the public transport network. It will also be well linked to the rest

of the development by a network of cycle ways and footpaths.

7.8 The local centre will be designed to encourage residents and workers alike to visit the centre as much as

possible. Intrinsic to the design is a generous level of amenity land, including a public square. In addition, the

proximity of the local centre to the canal should offer other recreational opportunities.

7.9 Finally, the location of the local centre has been determined to a certain extent by phasing. The food store and

some of the other amenities in the local centre will be required relatively early in the development programme.



Schooling

7.10 Based on the Staffordshire County Council Planning Obligation Policy for Education Provision (as updated in

2008/2009), the anticipated child yield from a development of this scale (i.e. 2,500 houses), requiring state

funded school and pre-school provision and paid for childcare, is as follows:-

Pre-school education and care – 75 places (equivalent).

Primary school education – 525 places.

Secondary school education – 375 places.

Sixth form education – 75 places.

7.11 The pre-school age population associated with this development will be additional and provision will be

sustained within the development. This will be split between either pre-school in the primary school provision

and a private provider in the local centre, or entirely by a private provider within the local centre.

7.12 There are 29 Staffordshire primary schools in East Staffordshire with a Burton-on-Trent postal address. As at

January 2012, these local primary schools had 7,546 places (capacity) and 7,268 pupils (roll). Annual births in

the area have risen from 761 in 2002 to 945 in 2008, falling back to 867 in 2009 and rising again to 883 in 2010.

In each year since 2006, birth numbers have exceeded primary school capacity. Thus, the pressure on primary

school places will continue to rise through this decade. The County Council is making provision, as it must, to

meet these increased demands.

7.13 Against this background, it can be presumed that the primary school age population associated with the

development will be additional demand that cannot be met from existing and planned provision.

7.14 Land is identified within the development that could accommodate a three form of entry primary school, with a

capacity of 630 places, that could be delivered in phases as the development progresses. The site identified is

greater than that strictly necessary if child yield is as the County Council predicts (525 pupils). With a

development of this scale, and its relatively long delivery period, a child year review from time to time should be

undertaken to make sure that sufficient provision is made to meet the needs arising from the development.

7.15 Given the pressing need for more primary school provision to serve the town generally, some of the land

allocated for primary school provision could be brought forward in advance of demand arising from and met by

the development. This early provision is not necessitated by the development itself, but could hold some

advantages to both the County Council and the development, and is the subject of current negotiations with the

County Council.

7.16 There are six secondary schools in the town. As at January 2012, these schools had 5,510 places for

mainstream 11-15 year olds and 5,380 pupils. Against this background, it can be presumed that the secondary

school age population associated with the development will be additional demand that cannot be met from

existing and planned provision. NDQL understands, however, that the whole of Branston Locks sits within the

catchment area of John Taylor High School which has options for growth.

7.17 The County Council has a formulaic methodology for calculating the costs of securing additional school places

by residential development. Secondary and sixth form places derived by the development will be addressed by

a financial contribution.



Green Infrastructure and Public Open Space

7.18 In planning policy terms, the development is required to provide a minimum amount of several different kinds of

open space. The requirement is initially a function of the number of households that are proposed and are set

out in the East Staffordshire Open Space SPD. These standards are set out in Table 2 in Section 5 of this

Statement.

7.19 Table 7 below sets out the requirements for 2,500 homes (as is set out in the SPD) and the proposed provision.

Table 7 – Provision of Open Space by Type

Typology Requirement in hectares

(acres)

Provision in hectares

(acres)

Playing pitches 7.13 (17.6) 4.561 (11.3)

Equipped child‟s play 0.18 (0.5) 0.34 (0.8)

Parks and gardens 10.56 (26.1)

38.09 (94.1) Semi-natural green space 8.76 (21.7)

Amenity green space 2.61 (6.5)

Allotments 0.93 (2.3) 0.93 (2.3)

Total 30.17 (74.6) 43.92 (108.5)

Footnote 1: 0.94 hectares of this includes the primary school playing fields.

7.20 For this stage of the design process, it has been agreed with Council officers that parks and gardens, semi-

natural green space and amenity green space can be combined into one overall public green space category.

This has an overall requirement of 21.93 hectares (54.2 acres). The actual provision of 38.09 (94.1 acres)

hectares is far in excess of this requirement and emphasises the importance of green infrastructure in the

overall design of the illustrative Master Plan.

7.21 A sports hub, formed of three sports pitches, two hard surfaced playing/multi-use game areas, and a clubhouse

building and car park, are an important element to the overall proposals. The provision of playing fields does

fall short of the overall requirement of 7.13 hectares (17.6 acres) by 2.57 hectares (6.4 acres), as set by the

SPD. However, the over provision of general public green space of over 16 hectares (39.5 acres) - i.e. a

provision of 38.09 hectares (94.1 acres) against a requirement of 21.93 hectares (54.2 acres) - and a generous

provision of equipped play areas (see below for details), is a sufficient offset to compensate against the much

smaller shortfall in playing pitches.

7.22 The public general green space will incorporate some more informal kick-about areas which will help provide for

the recreational requirements of future residents, particularly children. In addition, a hillside country park on

Battlestead Ridge could include recreational opportunities (see below for more details) and the scheme is well

located to the proposed new facilities for Burton RFC.

7.23 The 0.34ha area of equipped play is provided on the Master Plan as six LEAP sites and one centrally placed

NEAP. It is assumed that the provision of LAP sites will be readily accommodated within the proposed network

of open spaces and supplemented by smaller incidental open spaces that are not detailed at the scale of the

illustrative Master Plan. The provision of these is not indicated and will be a matter appropriate for detailed

application submissions relating to individual parcels of land.



7.24 Overall, the provision of equipped play areas totals 0.34 hectares. This is almost twice as much as is required

for a development of this size (i.e. 0.18 hectares).

National Forest Planting

7.25 In addition to the normal open space requirements, it is also necessary for the development to provide onsite

and/or offsite contributions to the National Forest. This can be in the traditional form of woodland plantations, or

more integration of woodland style planting within the development itself. The target set by the National Forest

is 30% of the total development area for both large scale residential and employment development. In this

case, 30% of the application site area (136.19 hectares (336.5 acres)) equates to 40.88 hectares (101.0 acres)

of National Forest planting.

7.26 The landscape strategy envisages the large total area of general public green space (38.09 hectares (94.1

acres)) to include substantial areas of woodland planting and for a wooded parkland character to be prevalent

throughout. Setting aside the mown grass kick-about areas, the other more formal elements within the

proposed general public green space areas, and the area of the canal, it is anticipated that in the order of 32.23

hectares (79.6 acres) of a general public green space within the site can contribute to National Forest planting.

7.27 This is short of the target amount. However, it is to be noted that adherence to the guideline percentage is not

the only criteria contained within Policy NE14 of the 2006 adopted Local Plan. Reference is also to be had to

the existing landscaped character of the area (that is well wooded), any specific constraints affecting the site,

the extent to which the scheme reflects the National Forest context and provides an appropriate landscaped

setting for the development, and the scale, type and characteristics of the development itself. In addition, the

guide for developers and planners produced by the National Forest sets out a number of principal objectives.

These refer to:-

creating an attractive wooded setting;

creating and managing wildlife habitats;

creating new access and recreation opportunities;

meeting strategic policy objectives; and

involving local communities.

7.28 Other secondary objectives include improving the local economy, creating a healthy environment, reducing

noise and visual intrusion and improving water run-off. The actual act of planting is only part of what is sought

by relevant adopted Local Plan policy and related guidance. Public access and local involvement are also

emphasised.

7.29 Employing these guidelines, NDQL has considered other opportunities within the application site and on land

that it owns outside the application site (i.e. Battlestead Ridge). Supplementary contributions are achievable

within the application site through urban forestry components in the illustrative Master Plan, such as forest scale

street tree plantings, forest scale car park plantings, and other such measures. In addition, there is the

opportunity of transforming Battlestead Ridge into a hillside country park.

7.30 Battlestead Ridge (also known as Bass Millennium Wood) lies outside the application site boundary but falls

within the ownership of NDQL, albeit the south-western tip (2.63 hectares (6.5 acres)), known as Battlestead

Hill, is subject to a 999 year lease to the Woodland Trust. It covers an area of 30.27 hectares and abuts the

south-west boundary to the application site.



7.31 The ridge was planted in the late 1990s with Woodland Grant Scheme funding from the National Forest. It is a

mixture of maturing deciduous and conifer woodland plantations with a network of unsurfaced paths and

clearings. It is also includes a motorbike scramble course. However, there has been no active management of

the ridge for some time and a ten year maintenance and access agreement lapsed a number of years ago. As

such, public access to the ridge is severely limited.

7.32 NDQL proposes that the ridge will be enhanced and managed as an attractive hillside country park, reinstating

public access and management in the area as a public amenity for the new community and the wider public.

Proposals could include:-

Way-marked circular routes set out for varying length walks and varying difficulty, with surfacing as

such provided where necessary.

Seating/benches at regular intervals and open viewpoints.

Interpretation boards for viewpoints explaining landmarks within Burton and, perhaps, mapping the

Branston Locks development.

Nature areas with more restricted access for people, but providing bird hides and interpretation boards

and facilitating quiet observation and study for local school children and others.

Removal of the motorbike scramble course, but replacement with a circular cycle path in addition to

the wider network of walking routes.

Retention of open slope areas for sledging in winter.

Adventure play equipment exploiting the wooden setting and slopes.

A sculpture feature, possibly incorporating a tree level viewing platform projecting out over the

escarpment.

The next phase of woodland and habitat management ensuring the continued development of a rich

and sustainable landscape.

7.33 In addition, it is envisaged that all aspects of this hillside country park would be designed to maximise

recognition for, and celebration of, the National Forest context. For instance, rustic timber construction for all

way-marking, interpretation boards, benches and adventure play equipment. There would also be a particular

emphasis on woodland management in the interpretative material throughout the park.

7.34 This opportunity has been discussed in pre-application consultation with officers of ESBC and a representative

of the National Forest. It has been agreed that this opportunity represents more than adequate compensation

for any shortfall of National Forest planting within the application site itself.

7.35 An illustrative drawing showing the opportunities available for a hillside country park on Battlestead Ridge has

been produced by a specialist landscape consultant – Nigel Cowlin. A copy of this illustrative plan can be found

in Appendix 6.

Sustainability

7.36 A separate statement on sustainability has been produced by SLR Consulting. This statement assesses

primarily energy, waste management and surface water management. These are considered in turn below.

Energy



7.37 The energy strategy investigates the magnitude of the demand for onsite renewal energy and for offsite

allowable solutions in order to effect development of zero carbon residential properties at the Branston Locks

development post-2016. A thorough review of available renewal energy technologies has confirmed that a

range of potential onsite sources of renewable energy could meet this demand.

7.38 Although demand for energy for the employment land aspects of the development proposals cannot be sensibly

quantified, due to current lack of information about the exact employment uses to which the land will be put,

similar considerations about the potential for generating renewable energy also apply. Any commercial

buildings developed post-2019 could also meet the anticipated zero carbon requirements for such properties.

7.39 The energy strategy report, appended to the Sustainability Statement, concludes that, given that the

development will be completed over a period of up to 16 years, and in parts at relatively low density, a

decentralised, flexible and adaptable approach to renewable energy supply is appropriate. Potential renewable

energy solutions would currently include:-

PV panels on house roofs.

PV panels arranged on commercial properties.

Electricity generated by near site hydro power.

Biogas generated by an on-site anaerobic digestion plant which could process locally arising food and

agricultural residues.

Solar thermal hot water panels on house roofs.

7.40 It is concluded, therefore, that Branston Locks will be capable of being developed in accordance with the

requirements of the zero carbon agenda for both residential and non-residential property through a combination

of constructing highly energy efficient properties and the generation of significant amounts of renewable energy.

Waste Management

7.41 Based on a detailed assessment of the type and quantum of construction waste that would be generated,

during the development of Branston Locks, an outline site waste management plan has been prepared in order

to demonstrate how these wastes will be managed in accordance with the waste hierarchy.

7.42 The likely amounts of household and commercial waste that will be generated, when the development is

completed and fully occupied, have been determined in order to assess whether or not existing and planned

waste management infrastructure in East Staffordshire and the wider County has adequate capacity to manage

additional waste arising that will be generated by the development.

7.43 Having quantified these arisings, and compared them to existing arisings and the scale of capacity available in

the vicinity of the site, it is concluded that the management of waste associated with the development and

occupation of Branston Locks can be carried out in a sustainable fashion. However, it is concluded and

recommended that the development should incorporate a centralised area which can be used for storage

and/or recycling of waste construction materials during the construction process and that the site eventually

incorporates a new recycling facility/bring bank, located in a central position within the development, in order to

minimise the need for residents to travel to the existing bring facilities at Branston and Tatenhill.

Surface Water Management

7.44 The surface water management scheme at Branston Locks will incorporate the key elements required in

Sustainable Drainage Systems (SuDS) in order to prevent increasing run-off rates or off-site flooding. The



system will include a combination of infiltration features, swales and other hydrological engineering strategies.

In addition to these strategic management features, supplementary SuDS features, such as rainwater

harvesting, in parcel porous paving, and sedum (green) roofs will be considered at the detailed design stage for

the phases and sub-phases of the development.

7.45 Further detail on surface water management is provided in the Flood Risk Assessment and the surface water

management system design section in the Environmental Statement. This confirms that due to the permeability

of the sand and gravel strata underlying the site, existing drainage ditches only fill with water at times of severe

rainfall which explains the main approach being to encourage infiltration of rainfall incident on the site.

Other Topics of Sustainability

7.46 The separate statement on sustainability also provides information on other topics. These include:-

Efficiency of water consumption

Pollution

Health and wellbeing of the residents

Management issues

Ecology

7.47 The technical evidence presented demonstrates that sustainability strategy has informed the outline design of

the development. Branston Locks will have sufficient flexibility to comply with national, regional and local

authority requirements in respect of the sustainability agenda and for the housing elements of the scheme to be

constructed to reach at least Level 3 of the Code for Sustainable Homes in accordance with ESBC‟s Guidance

on the Development Principles to inform the Master Planning of Potential Core Strategy Allocations (November

2010).

Minerals

7.48 Minerals is a further topic that has been assessed by SLR Consulting. A short statement produced by SLR

Consulting can be found in Appendix 7.

7.49 The Branston Locks site lies in the Trent Valley in an area underlain by sand and gravel resources, in common

with much of the adjoining town of Burton upon Trent. The site lies within Staffordshire, which has been the

West Midlands‟ predominant source of sand and gravel, supplying 65% of the regional requirement, and 10% of

national need.

7.50 National policy, contained in the NPPF, suggests that mineral planning authorities, like Staffordshire, should

maintain a land bank of at least seven years of sand and gravel reserves which have the benefit of planning

permission for extraction. The NPPF also requires planning authorities to define Mineral Consultation Areas

where known mineral resources that could be worked could be affected by non-minerals development and

encourages the prior extraction of minerals ahead of other developments where this is both practicable and

environmentally acceptable.

7.51 The East Staffordshire Borough Council has not identified any Mineral Consultation Areas in its Local Plan, that

was adopted in 2006. Staffordshire Minerals Local Plan does not contain any saved policies regarding minerals

sterilisation issues, referring the reader to national guidance, which has now been replaced by the NPPF.



7.52 Sand and gravel reserves in Staffordshire are abundant and, in 2009, were just under 80 million tonnes. The

latest statistics show that, in 2009, sand and gravel production in Staffordshire was 3.75 million tonnes, down

from 6.8 million tonnes in 2006. In 2009, reserves of sand and gravel in Staffordshire, with permission for

extraction, would have allowed for 21 years of production at this rate of extraction. This is well in excess of the

seven year land bank requirement set by NPPF. National statistics indicate that aggregate extraction in the UK

in 2011 was similar to that in 2009, after enjoying a modest increase in 2011.

7.53 Furthermore, the aggregates industry has identified an additional 146 million tonnes of sand and gravel

resources in Staffordshire. The sites identified do not include land at Branston Locks. These resources, if

worked at recent extraction levels, could provide a further 39 years of sand and gravel supplies, sufficient to

maintain production until about 2070.

7.54 Staffordshire County Council has been reassessing the contribution that the County should make to regional

and national aggregate production and has advised the Government that it wishes to make future provision for

sand and gravel extraction based on an assessment of local needs. It is considered that this approach, which

should encourage local, sustainable use of aggregate resources, is in keeping with the national sustainability

and localism agenda.

7.55 Even if it was considered that there was a significantly greater need for local sand and gravel extraction, the

importance of the site in strategic planning terms would be an overriding material consideration. The site has

been identified as a key strategic development site by ESBC in the Preferred Option to its draft Local Plan.

Sterilisation of the site for potential minerals extraction at some unspecified time in the future would imperil the

overall planning and spatial strategy of the Borough Council.

7.56 It is concluded, therefore, that the development of the Branston Locks site would not have any material effect

on the short, medium or long term availability of sand and gravel to supply local construction projects. The

proposals to recover as-raised sand and gravel resources from water features, that would form part of the

sustainable drainage system for the development, and to use this material within the development, accord fully

with the guidance in the NPPF and would reduce the need for transportation of construction aggregates to the

application site.



8 Assessed Impacts

8.1 A full Environmental Statement has been prepared to support the planning application. This statement

describes the technical investigations and research undertaken that have informed an assessment – known as

an Environmental Assessment – of the likely significant environmental effects of the development.

8.2 Following acknowledgement of a requirement for Environmental Impact Assessment, the process of identifying

the likely significant environmental effects of the proposed development requiring investigation was undertaken.

This was procured through the production of a Scoping Report, that was submitted to ESBC on 22 June 2012.

By letter of 13 August 2012, the ESBC confirmed that the Scoping Report formed an adequate basis for

assessment.

8.3 Those environmental topic areas considered through the scoping exercise to be the most likely to be the

subject of, or source of, likely significant effects and subject to technical assessment are as follows:-

Landscaping and visual.

Ground conditions.

Flood risk.

Transportation.

Noise and vibration.

Air quality.

Built heritage and archaeology.

Socio-economic effects.

Ecology and bio diversity.

8.4 A summary of the assessed impacts, and any proposed mitigation, for these topic areas is provided below.

Landscape and Visual

8.5 The assessment has identified two distinct local character areas of importance. These are:-

the steep and wooden hillside edge of the Needwood Scarp; and

the valley bottom farmland landscape.

8.6 A site investigation and field study confirm that the visual influences of the development would largely be

contained to the west by the Needwood Scarp and to the east by the urban edge of Burton. The extent of

significant visual effects brought by the development will be limited and are of quite a localised nature. The

assessment concludes that the proposals will result in a coherent development of a scale that is appropriate to

its location and sits comfortably alongside the existing urban form of Burton.

8.7 Overall, the initial landscape impact, disregarding any mitigating/moderating effects of structural planting, is

considered to be moderate/moderate-major. However, the overall evaluation of residual landscape effects,

once the scheme and structural planting are mature, is graded as minor-moderate adverse impact significance.



The overall evaluation of residual visual effects, once structural planting is mature, is graded as a minor-

moderate or perhaps only minor adverse impact significance.

Ground Conditions – Geology

8.8 The history of the site indicates it has predominantly been in use as farmland with the only buildings present on

site being the farmhouse and associated outbuildings. Therefore, no potentially contaminative activities have

been identified that may have historically affected the site.

8.9 The site investigation, soils chemical analysis and subsequent human health generic quantitative risk

assessment undertaken identified that the site can generally be considered to pose a low risk to future

residential or commercial development. The exception to this is the widespread Chromium and Selenium

identified in the shallow soils across the site and a small area of hydrocarbon impacted soils identified in the

vicinity of the fuel storage tank associated with the existing farm.

8.10 Mitigation is proposed to tackle the ground conditions and identify soil and ground water contaminates. This will

ensure that the soil and ground water contaminates do not pose a risk to human health.

8.11 The main area of concern is the farmhouse and the farmhouse buildings. Mitigation of this area will include a

decommissioning of the fuel tanks prior to development and further investigation and risk assessment to

delineate the extent of contamination and a requirement for mitigation measures in the form of soil and/or

ground water remediation if required.

8.12 Further assessment will need to be undertaken to determine whether the ground water contamination is either

from a natural or from an anthropogenic source. It is likely that the majority of the contamination is naturally

occurring. This needs to be clarified. Further assessment will enable the need for further mitigation measures to

be determined if any.

Flood Risk and Drainage

8.13 The flood map of the Environment Agency (EA) shows that parts of the site lie within Flood Zones 2 and 3

(medium and high probability of flooding respectively). Therefore, a Flood Risk Assessment (FRA) is required

to accompany the planning application for the proposed development. The FRA forms parts of the

Environmental Statement.

8.14 A flood modelling study was undertaken in partnership with the EA by Shepherd Gilmour. This was completed

in September 2011 and involved detailed 1D-2D modelling of the Tatenhill Brook and the River Trent. The

results of the modelling study have been used to update the EA‟s flood zones throughout Burton-upon-Trent,

including the area of the site.

8.15 The EA has confirmed that the results of this study are the most up to date source of information for predicting

flooding at the proposed development site. The model has therefore been used to examine flood risk to the

existing site and the proposed development.

8.16 The risk of flooding from watercourses is split into four categories, in accordance with the NPPF. These are as

follows:-

Flood Zone 1 – less than 1:1,000 annual probability of flooding

Flood Zone 2 – between 1:100 and 1:1,000 annual probability of flooding



Flood Zone 3A – 1:100 or greater annual probability of flooding

Flood Zone 3B – 1:20 or greater annual probability of flooding, or an area designed to flood in an

extreme (1:100) event.

8.17 An extract of the EA‟s flood map, updated to take account of the joint modelling study, is shown in Figure 2 to

the FRA. This is reproduced below.

8.18 This shows the site to lie within Flood Zones 1, 2 and 3, with the site covered by equal areas of Flood Zone 1

and 2, with small areas of Flood Zone 3 present through the centre of the site along the open channel. This

map also shows that the site does not benefit from any flood defences.

8.19 The Strategic Flood Risk Assessment for East Staffordshire, carried out by the Borough Council in February

2008, contains no information of historic flooding taking place within the boundary of the proposed development

site.

8.20 The site has been allocated for development in ESBC‟s Local Plan Preferred Option. In allocating the site for

development, the Council has taken due account of flood risk, in accordance with the sequential test of the

NPPF. Further to this, a sequential approach has been applied to the layout of the site, by placing the most

vulnerable types of development in areas of lowest risk of flooding. This approach will help to avoid and

minimise the potential flood risk to the proposed development.

8.21 The EA‟s Flood Map shows that parts of the site lie within Flood Zones 2 and 3. It is proposed to realign the

watercourse through the site. This is achieved through amending ground elevations for a small area through

the centre of the site area to the north of the canal. The proposed earthworks have been represented in the

model of Tatenhill Brook and the River Trent and simulated the key design return periods. Analysis of the

model outputs from the scenarios then represented shows that there is no increase in flood risk elsewhere

resulting from the proposed development. The proposed earthworks result in all areas for development lying

outside of Flood Zone 3.

8.22 The existing site is almost entirely undeveloped, with the buildings of Lawns Farm and the associated single

track access road being the only impermeable areas. The proposed development will result in a significant

increase in impermeable areas when compared to the existing site layout. To ensure that the development

does not lead to an increase in flood risk, either at the site or elsewhere, Sustainable Drainage Systems (SuDS)

are to be implemented to attenuate and control the discharge of surface water.



8.23 A geo-environmental site investigation has been undertaken by Shepherd Gilmour. The results highlight that

ground water exists at shallow depths within the clay and river terrace deposits below the site. Mitigation

measures, including raising finished flood levels and allowing for overland flow routes, will be included within

the design of the development to account for the possible risk from ground water flooding.

8.24 The risk to the site from flooding from failure of flood defences has been assessed by a series of breach

analysis undertaken on the River Trent using the 2011 ISIS – TUFLOW model. The outputs show there is no

risk to the site from failure of nearby defences.

8.25 A range of mitigation measures have been put forward in the FRA. These recognise and address the flood risk

to the site. These measures are as follows:

Site layout development to account for flood risk.

Earthworks to be undertaken to the north of the canal.

Floor levels set above the 1:100 year (plus climate change) flood level.

Flood resistant and resilient construction techniques to be incorporated.

Flood response plans to be provided, dealing with flood warning and evacuation procedures.

8.26 The above measures will allow flood risk at the site to be managed to an exceptionally low level and ensure that

any residual risks are not significant. By adopting these measures, it is considered that the development of the

site can be carried out and used safely, with due consideration of flood risk, without leading to an increase in

flood risk elsewhere.

Transportation

8.27 The assessment has been based on an analysis of traffic likely to be generated by the proposed development.

The traffic arising from the proposed development can be adequately accommodated on the existing road

network, although some localised improvements have been identified to mitigate specific impacts.

8.28 The impact on the A38 is considered relatively modest and local junctions would be able to operate within

capacity. The Transportation Assessment identifies a number of existing highway safety concerns on the local

highway network, of which mitigation measures are proposed to deal with.

8.29 Once fully operational, the completed development‟s effects are likely to include longer term benefits for the

amenity of local pedestrians, cyclists and public transport users through the provision of new and improved

routes and facilities.

8.30 The transport strategy proposes the following:-

Walking and cycling – facilities, pedestrians and desire lines have been taken into account during the

master planning process, so that residents and employees within the development can easily

manoeuvre around the site without the need to travel by car.

Public transport – proposals include provision of public transport on site. A new bus service will be

provided linking the development to the town centre and the scheme‟s employment area.



8.31 The proposed development meets the key transportation tests set out by the local highway authorities. It will

allow for the efficient maintenance and management of transport infrastructure, improve accessibility and

provide healthier travel choices. In addition, it will provide safer roads and communities, and will reduce

congestion which might otherwise occur through less sustainable development growth options.

Noise and Vibration

8.32 Ambient noise in the area is generally dominated by traffic on the A38. Other local noise includes traffic on

Branston Road, and farm and pedestrian traffic.

8.33 The noise affecting each part of the proposed residential scheme has been calculated based on surveyed noise

levels, and glazing and ventilation systems specified in outline for all habitable rooms, to achieve acceptable

internal noise conditions in all dwellings (in line with National Guidance). Further detailed assessment will

follow as the detail of the design develops.

8.34 The proximity of the A38 to residential dwellings has been considered in the design process. This has

determined, to a certain extent, the layout of the development. In addition, where appropriate, mitigation

measures, such as reinforced glazing and ventilation, will be put in place.

8.35 There will be some local effects from noise and vibration during the construction phase of the proposed

development. However, the effects will be relatively short term. The long term noise effects of the proposed

development on existing occupation nearby are minimal.

Air Quality

8.36 ESBC‟s Local Air Quality Monitoring (LAQM) reports show that Nitrogen Oxide (NO2) and Particulate Matter

(PM10) are the pollutants of most concern within Burton upon Trent. Concentrates of NO2 are currently shown

to be exceeding the National Air Quality Objectives (NAQOs) in two areas within Burton upon Trent. Therefore,

in 2007 ESBC declared an Air Quality Management Area (AQMA) covering the main routes within Burton upon

Trent town centre, and an AQMA to the east of the town between Burton upon Trent and Stapenhill. These

AQMAs are located 1.1kms and 3kms respectively from the proposed development site respectively.

8.37 The proposed development will affect air quality during both construction and operational phases. Levels of

dust soiling and PM10 concentrations will be affected during construction activities, earthworks and trackout.

Rain and low wind speed will lead to the result of predicted local meteorological conditions, dust soiling and

PM10 effects to be intermittent.

8.38 Exposure of future residents of the proposed development to NO2 and PM10 concentrations are predicted to be

well below the relevant NAQOs for all assessment scenarios.

8.39 In summary, the development is predicted to have no significant effects to local air quality at any considered

receptors during its operation and there have been no air quality constraints to the development identified. The

highest pollutant concentrations are predicted to be experienced in the AQMA in particularly at locations within

close vicinity of a network of junctions which is exacerbated by likely congestion which is considered within the

dispersion model.

Built Heritage and Archaeology



8.40 As well as assessment through environmental impact assessment, a stand-alone Heritage Statement has been

produced by AOC Archaeology and forms part of the supporting papers to the planning application. This study

has included an assessment of the physical and visual impact of the proposed development upon the

significance, character and setting of a number of designated and non-designated heritage assets.

8.41 A total of 34 designated heritage assets have been identified within1km of the site‟s boundaries. However,

there are no scheduled monuments or listed buildings within the boundaries of the site itself. In addition, there

are no registered parks and gardens, registered battlefields or World Heritage sites within the 1km study area.

8.42 The assessment identifies a number of non-designated heritage assets within, and within close vicinity, of the

site. With regard to the former, these comprise:-

Possible Prehistoric and/or Roman period crop marks including potential ring ditch, pits, enclosures,

track ways and linear features.

The route of an Earlier Medieval/Medieval holloway.

The potential site of a Medieval abbey grange.

The Trent and Mersey Canal and Branston Lock, both dating to the 18th Century.

18th and 19th Century structures at Lawns Farm farmhouse.

Late 19th Century out farm and other unidentified 19th Century buildings.

8.43 An appraisal of the historical activities and development within the sites suggests a low degree of past impact.

Archaeological evidence, whilst potentially impacted or truncated in some areas, has the potential to survive to

a reasonable extent.

8.44 Based upon the available evidence, there is considered to be:-

Medium Potential for the recovery of palaeoenvironmental evidence.

Medium/High Potential for archaeological evidence of human activity dating to between the Prehistoric

and roman periods.

Medium Potential for the survival of archaeological remains dating to the early Medieval and Medieval

periods.

Medium/High Potential for post-Medieval activity.

8.45 Overall, there is considered likely to be a Medium and High adverse impact upon below ground archaeological

deposits. If present, these have the potential to be of local and regional importance.

8.46 The impact upon the identified built heritage within the site will also vary. The demolition of the farm buildings is

assessed as having an adverse impact on resource of negligible to local importance. This includes the

demolition of possible 18th Century fabric at Lawns Farm (but not the actual farmhouse) and the 19th Century

out farm. Most of the existing farm structures, if not all, are in an advanced state of disrepair. There may be

some impact to Branston Locks and the Trent and Mersey Canal Conservation Area. However, these will

depend upon specific works in these areas. These are not expected to be significant.



8.47 The proposed development will also constitute a visual impact upon surrounded designated heritage assets.

The assessment has appraised the importance of visual sensitivity of each asset and determined the magnitude

for likely visual impact. These are considered to be:

Minor adverse effect upon the setting of the Sinai Park moated site.

No/Negligible to Negligible effect upon the setting of the Sinai Park listed building.

Minor adverse effect upon the setting of the listed Shobnall Grange and Negligible effect upon the

listed gate piers.

Between a Negligible and minor adverse effect upon the setting of the two conservation areas, from an

archaeological and historical perspective.

8.48 Due to the unknown nature of the below ground archaeological deposits, the archaeological potential of the site

and landscape, and the likely impact from proposed development works, a programme of further archaeological

investigation is recommended as a condition to the approved planning permission.

Socio-Economic Effects

8.49 The likely socio and economic outcomes for the proposed development have been assessed with regard to the

demolition and construction works and operation of the completed development. With the latter, particular

regard has been had to the employment levels and effects associated with the new residential population on

local social and community infrastructure.

8.50 Approximately 1,000 full time equivalent jobs will be created by the construction of the development, both

directly on site and through the wider construction supply chain. The completed development will result in a net

increase of approximately 3,170 jobs on site. As a result, the employment effects of the development are

assessed to have a beneficial effect on the local economy.

8.51 The residential population generated by the completed development is estimated to be approximately 6,050

residents. This additional population will result in the need for the equivalent of 3.5 GPs. However, it has been

established that there is a capacity available locally. This current capacity will address some of the additional

demand, however, a medical centre is proposed within the local centre to the development and this should

service the needs of most residents.

8.52 The residents, employees and hotel users of the operational development will generate additional spending. A

significant amount of this would be expected to be captured locally.

Ecology and Biodiversity

8.53 The potential effects of the proposed development upon the ecological resources and biodiversity of the

application site and its immediate surroundings have been considered and assessed. There are no statutorily

designated sites of ecological interest within the application site that could be directly affected by the proposed

development. The nearest designated sites are the Branston Water Park Local Nature Reserve, which is also

part of the Branston Gravel Pits non-statutory Site of Biological Interest (SBI) , and Battlestead Hill and the

Rough SBI. These sites are of County conservation value. The Trent & Mersey Canal, Tatenhill Lane and

Branston Road are undesignated, but have been identified by the Staffordshire Wildlife Trust as Biodiversity

Alert Sites, which means that they are considered to have relatively low existing interest but good potential for

significant enhancement .



8.54 The site has been subject to a range of ecological surveys between 2006 and 2012, and its ecology is well

understood. In addition to annual walkovers, formal Extended Phase I Habitat Surveys were undertaken in

2008, 2009 and 2012 to record the basic habitat types and species present at the application site, and to

identify areas of potential ecological risks warranting further survey and consideration in the proposals for

redevelopment. In addition to habitat surveys specialist surveys were undertaken in 2009 for great crested

newts, bats, otter/water vole, barn owl, breeding birds and badgers, with update surveys of all except breeding

birds repeated in 2012 These surveys have been supplemented by an arboricultural survey, during which

detailed information on potential bat roost habitat in trees was assessed.

8.55 The majority of the application site consists of intensively managed arable farmland. The habitats on site are

therefore highly modified, and impoverished in terms of their structure and species composition, and

consequently of low intrinsic nature conservation value. A range of wild birds nest within the site, and a small

Pipistrelle bat roost has been confirmed within the existing house at Lawns Farm. There are no confirmed

records of any other specially protected species resident within the site. However, a number of ponds on

surrounding land support populations of great crested newts, which, along with bats, badgers and barn owl,

may range into the site at times.

8.56 Construction activity at the site will be regulated by an Environmental Management Plan, which will include all

necessary species mitigation requirements and will assist contractors in complying with legislation in the event

of the presence of nesting birds or protected species. If great crested newts or bats are affected then any

necessary licences will also be obtained for those works. At present the habitats within the site are sub-optimal

for many faunal species, and the development includes provision of new green infrastructure that will improve

biodiversity value and provide new habitat links between the existing green space at Battlestead Hill and the

corridor of the Trent and Mersey Canal.

8.57 The assessment of the residual ecological effects of the proposals after mitigation has been implemented

confirms that there are no significant adverse effects as a consequence of the proposed development. The loss

of arable land, with some mature trees and poor quality hedgerows unavoidably lost to accommodate roads and

building plots, will be more than adequately mitigated in the long-term by new tree planting, amenity space and

semi-natural greenspace as outlined in the Landscape Strategy within the Design and Access Statement.

8.58 In the long-term, with ecologically sensitive design based upon locally appropriate landscape planting, there is

in fact the potential for the Branston Locks development to deliver significant benefit in terms of the nature

conservation value of the area. Most significant of these would be the strengthening east-west links (which are

currently poor) across the site with new green infrastructure, and enhancing the Biodiversity Alert Sites,

especially the corridor of the Trent and Mersey Canal.

Cumulative Effects and Developments

8.59 There is a recognised potential, without mitigation, for a combination of adverse effects to potentially arise

during demolition and construction, principally relating to noise, vibration and air quality. Such a combination of

effects is difficult to quantify, but could affect workers and visitors to the site. Site management control is

required and enforced by planning conditions, together with best practice construction techniques and

construction management plans to control the individual effects of construction, should reasonably be expected

to mitigate the potential incidence, interaction and magnitude of any such combination of effects.

8.60 In respect of the potential for cumulative effects to arise from the effects of the proposed development in

combination with other developments, a structured approach to identifying developments of a scale and

proximity to the application site which could give rise to cumulative effects has been undertaken.



8.61 Beneficial effects arising from the generation of construction employment are anticipated. Upon completion of

the proposed development and other developments considered for cumulative purposes, several beneficial long

term effects may be anticipated to arise. These include delivery of new housing, including affordable housing,

the creation of new employment opportunities, increased economic activity, the enabling or provision of new

social infrastructure and the creation of new open spaces and play spaces which will contribute to the wider

regeneration of the area.

Mitigation

8.62 The mitigation of potentially adverse environmental effects has been intrinsic to the design process for the

proposed development and in the consideration of alternative forms of the development as outlined above.

8.63 The Environmental Assessment process has further identified the likely significant effects of the proposed

development on the environment and, where those are likely to be adverse, also identified measures to mitigate

those effects. Where effects would otherwise arise from the demolition, construction and operation of the

proposals, specific mitigation measures have been proposed.

8.64 The implementation of mitigation measures can be secured with certainty by conditions or obligations to the

planning permission and through site management arrangements embodied in a Construction/Environmental

Management Plan and other regulatory procedures.



9 Section 106 Agreement

9.1 NDQL is willing to enter into a Section 106 Agreement to secure necessary infrastructure improvements.

9.2 The scope and extent of the Section 106 Agreement has been, and will continue to be, the subject of ongoing

viability testing and negotiations with ESBC and other key stakeholders throughout consideration of this

planning application. However, the key elements envisaged at this stage are detailed below and the Heads of

Terms of the proposed agreement are set out in Appendix 8.

Transportation

9.3 Physical off-site junction improvements to Branston Interchange, as agreed and in light of traffic modelling and

taking into account other committed improvements. These could include:-

Improvements for the existing slip roads to the A38.

Signalisation of Branston Interchange.

Further improvements to Junction D.

9.4 Off-site traffic management measures to Tatenhill and other villages to the west, if or as deemed necessary.

9.5 Re-routing of existing bus services to service the site and provision of a new bus service to link the site to

Centrum, the railway station, Burton upon Trent town centre, and the wider area of Branston.

9.6 Financial contribution to wider local integrated transport improvements.

9.7 Funding and implementation of a travel plan, including the payment of a monitoring fee.

Community

9.8 Provision of a range of affordable housing on site, distributed in clusters, and on a phased basis, and/or

payment of a commuted sum in lieu of part provision off-site.

9.9 The provision of up to a three form of entry primary school on a phased basis.

9.10 Phased financial contributions towards secondary school provision.

9.11 Reservation of land for a new medical centre on site.

Green Infrastructure

9.12 The provision of public open space throughout the site, as agreed, and its subsequent management, either by

way of setting up a management company or by a commuted sum to ESBC.

9.13 The provision of a hillside country park on Battlestead Ridge, as agreed, and its subsequent management

either by way of a management company or by a commuted sum to ESBC or other relevant stakeholder.



10 Conclusions

10.1 The Branston Locks proposals conform fully with the relevant planning guidance contained in the NPPF and the

evolving Local Plan. The proposals relate also well to relevant saved policies of the adopted Local Plan and

subsequently issued supplementary planning guidance on issues such as design, affordable housing, open

space provision, National Forest planting and education.

10.2 The NPPF sets out a number of key objectives. These include:-

Building a strong competitive economy.




The Branston Locks development supports fully and responds to these objectives.

10.3 The NPPF considers that large scale mixed use development, such as Sustainable Urban Extensions, can

provide the best way of achieving sustainable developments, particularly if key facilities such as primary schools

and shops are located within easy walking distance of most properties. Branston Locks has been designed and

planned on this basis.

10.4 ESBC has an ambitious growth strategy. It is looking for a step change in the local economy and a radical

enhancement to the quality and extent of commercial, business and housing offer that is currently available in

Burton and its suburbs. Branston Locks‟ inherent characteristics and its strategic location will enable ESBC to

fulfil this ambition.

10.5 The Preferred Option to the draft Local Plan identifies Branston Locks as a new sustainable community that can

be a distinctive place and relatively self-sufficient in terms of schooling and local services and facilities. It

recognises that no other site on Burton‟s urban periphery can deliver the level and quality of growth sought.

10.6 Policy SP4 of the Preferred Option to the draft Local Plan concerns sustainable urban extensions and sets out a

list of criteria and requirements specifically for development at Branston Locks. These concern housing,

employment, local services (such as retailing), schooling, transport management, cycling and walking, bus

services, green infrastructure, environment and townscape, waste management, energy, sustainable drainage

and phasing. Through careful design and planning, Branston Locks meets all these requirements.

10.7 On this basis, we would commend officers and members of ESBC to continue to support the proposals and to

grant outline planning permission.

Appendix 1 – Location Plan

Appendix 2 – Site Plan

Appendix 3 – Parameter Land Use Plan

Appendix 4 – Illustrative Master Plan

Appendix 5 – Indicative Phasing Plan

Appendix 6 – Plan illustrating Opportunities for a Country Park on Battlestead Ridge

Appendix 7 – Statement on Minerals

Appendix 8 – Draft Heads of Terms to Section 106 Agreement

Peter Leaver

Director – Planning and

Development

45 Church Street

Birmingham

B3 2RT

+ 44 (0)121 214 9970

[email protected]

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