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APPLICATION NO. |
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SITE |
Land at Former Didcot A Power Station Milton Road Didcot |
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PARISH |
SUTTON COURTENAY / DIDCOT |
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PROPOSAL |
Hybrid planning application consisting of a) Full Planning Application for the erection of a single storey 8,692 m2 Data Centre building (containing data halls, associated electrical and AHU Plant Rooms, loading bay, maintenance and storage space, office administration areas and screened plant at roof level), emergency generators and emission stacks, diesel tanks and filling area, electrical switch room, a water sprinkler pump room and storage tanks, a gate house / security building, MV substation, site access, internal access roads, drainage infrastructure, hard and soft landscaping and b) Outline Planning Application for the erection of a two storey 20,800 m2 Data Centre building (containing data halls, associated electrical and AHU Plant Rooms, loading bay, maintenance and storage space, office administration areas and screened plant at roof level), emergency generators and emission stacks, diesel tanks and filling area, electrical switch room, a water sprinkler pump room and storage tanks; details of appearance will be reserved, along with hard landscaping immediately around the building (as amended by plans and documents received 5th May 2021).
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WARD MEMBER(S) |
VALE: Richard Webber SODC: Alan Thompson & Ian Snowdon |
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APPLICANT |
Mr S Denton |
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OFFICER |
Stuart Walker |
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RECOMMENDATION |
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It is recommended that authority to grant planning permission is delegated to the head of planning subject to:
1. The completion of a S106 legal agreement and 2. The following conditions: |
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1.0 |
INTRODUCTION AND PROPOSAL |
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1.1 |
This application comes to planning committee as Sutton Courtenay Parish Council object to the proposal. It has also been called in by Councillor Snowdon and is a major cross boundary application.
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1.2 |
The proposal is a hybrid submission that seeks:
· Full permission for the erection of a single storey 8,692 m2 Data Centre building, emergency generators and emission stacks, diesel tanks and filling area, electrical switch room, a water sprinkler pump room and storage tanks, a gate house / security building, substation, site access and internal access roads, drainage infrastructure, and hard and soft landscaping. · Outline planning permission for the erection of a two storey 20,800 m2 Data Centre building with associated supporting infrastructure with details of appearance and landscaping reserved.
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1.3 |
The application site is located within both Vale of White Horse and South Oxfordshire Districts. Comprising approximately 16 hectares in area (and part of the former Didcot A power station site), it lies between Milton Park and the western edge of Didcot. Most of the site (9.3ha) lies within South Oxfordshire with the remainder (6.74ha) within the Vale of White Horse. To the north lies Didcot B power station, with Sutton Courtenay Village beyond. To the south, the site has a significant frontage on to Milton Road, adjacent to the Great Western main railway line and the A4130. Further to the south lies Great Western Park. A location plan is attached at Appendix 1.
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1.4 |
The site is situated within an Enterprise Zone, the Didcot Garden Town, the Science Vale and is allocated for redevelopment in the Vale of White Horse Local Plan 2031, part 1. Access to the site is from the roundabout junction off the A4130 and Milton Road.
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1.5 |
The proposal consists of two separate buildings in a secure compound including CCTV and a security gatehouse at the main (Milton Road) entrance. Unit 1 (full application) is located to the east on an east-west axis. Unit 2 (outline application) is in the middle of the site on a north-south orientation. Land to the west of unit 2 is reserved for future development proposals unknown at this time but will be secured by perimeter fencing and laid to grass. The applicant has confirmed any future proposals on this land will be the subject of a separate planning application.
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1.6 |
Unit 1 will be 139.2m(l) x 67.4m(w) x 12.2m(h) to the top of the roof parapet. This provides for 8,692m² which is made up of 7,267m² of technical space (Data Hall) and 1,425m² of office and personnel space. Unit 2 will be 155.9m(l) x 67.4m(w) x 22.5m(h) to the top of the roof parapet. This provides for 20,800m² split over two floors, which is made up of 18,400² of technical space (Data Hall) and 2,400m² of office and personnel space. A site layout plan and the elevations for unit 1 are attached at Appendix 2.
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1.7 |
Power for the data centres will be
supplied from / by the National Grid The buildings
will be served by a direct Medium Voltage (MV) connection
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1.8 |
In the event of a loss of power supply (i.e. temporary grid blackout) diesel-powered emergency back-up generators will be utilised to maintain power supply. These are designed to automatically activate and provide power to the plant pending restoration of mains power. Unit 1 will be served by 10 emergency generators and Unit 2 will be served by 22; each with associated flues (at a height of 15m and 30m respectively). There will also be one smaller (less than 1 MVA) generator to back-up supply to the administrative sections of the Data Centres.
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1.9 |
Diesel will be stored on site and it is anticipated that each unit will be served by a main tank holding approximately 40,000 litres. Each of the 3MVA emergency generators will also have an associated 16,000 litre belly tank. The smaller 1MVA emergency generators will each have an associated belly tank with 6,000 litre capacity. The 16,000 litres and 6,000 litres represent the approximate volume of diesel required for 24 hours emergency operation of each engine running at full load. All tanks will be above ground and double skinned. The pipelines from the top-up tank to the belly tanks will also be above ground and include provision for fuel interceptors in the event of a fuel spill.
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1.10 |
A significant amount of the works proposed as part of the full planning application will serve both data centre buildings. Although the external appearance and the landscaping surrounding Unit 2 is reserved for future consideration, the access, scale, and layout of the building and associated infrastructure are detailed within the application submission for consideration now.
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1.11 |
The proposal is a 24-hour
operation and will employ the equivalent of 100 full time people.
Parking for 89 cars is proposed (39 spaces for Unit 1 and 50
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1.12 |
The
applicant explains in the submitted planning statement that the
data centre units will house “networks of remote servers hosted
to store, manage,
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1.13 |
The former Didcot A site has Outline planning permission for redevelopment and two Reserved Matters applications falling under the Outline consent which are relevant to this proposal have recently been approved:
These are currently under construction and the two data centres have been designed in relation to these developments. The proposal has also been designed to fully coordinate with the site wide biodiversity enhancement strategy.
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1.14 |
The proposal is supported by a suite of technical reports and information and has been amended in response to comments from OCC Highways, the countryside and landscape officers and the economic development and energy strategy teams. All plans and supporting documents accompanying the application are available to view online at www.whitehorsedc.gov.uk / www.southoxon.gov.uk |
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2.0 |
SUMMARY OF CONSULTATIONS & REPRESENTATIONS |
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2.1 |
A summary of the responses received is set out below. Comments made can be viewed in full online at www.whitehorsedc.gov.uk / www.southoxon.gov.uk
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3.0 |
RELEVANT PLANNING HISTORY |
3.1 |
P20/V2663/DIS / P20/S3711/DIS- Approved (02/02/2021) Partial discharge of conditions 6 - CEMP and Complaints procedure, 13 - Noise Impact Assessment,19- Surface Water Drainage and 20 - Foul water Drainage of application P19/V1472/FUL
P20/V2612/DIS / P20/S3708/DIS - Approved (02/02/2021) Partial discharge of conditions 6 - CEMP and Complaints procedure, 13 - Noise Impact Assessment and 19- Surface Water Drainage of application P19/V1472/FUL
P20/V2691/DIS / P20/S3890/DIS - Approved (15/01/2021) Partial discharge of condition 8 (Biodiversity enhancement strategy) on application P19/V1472/FUL.
P20/V2025/DIS / P20/S2908/DIS - Approved (26/10/2020) Discharge of conditions 7 - materials to be used in construction of proposed rerouting of watercourse and 18 - scheme to de-culvert the watercourse on application ref. P19/V1472/FUL
P19/V3173/RM / P19/S4426/RM - Approved (26/10/2020) Reserved Matters application following Outline approval P19/V1472/FUL for the proposed realignment of below ground unnamed ordinary watercourse (a tributary of the Moor Ditch) and revised connection to the Moor Ditch (as amended by plans and information received 23rd March 2020, 15th June 2020, 3rd August 2020 and 24 September 2020).
P19/V3168/RM / P19/S4416/RM - Approved (24/09/2020) Reserved Matters application following Outline approval P19/V1472/FUL for the Construction of link road and the realignment of Purchas Road.(as amended by plans and information received 23 March 2020, 15 June 2020, 18 August 2020 and 16 September 2020).
P20/V1444/DIS / P20/S2246/DIS - Approved (27/08/2020) Discharge of conditions 10 - Phasing Plan, 11 - Arboricultural Method Statement for all phases, 16 - Land Contamination, 21 - Impact Study on Existing Water Supply and 30 - Community Employment Plan on application ref. P19/V1472/FUL
P19/V1472/FUL / P19/S1967/FUL - Approved (15/10/2019) Variation of condition 4 of application P15/V1304/O to substitute approved Parameters Plan (213042_PL02 Rev E) with amended plan (9063 F0011 Rev A).
P19/V1684/DIS / P19/S2178/DIS - Approved (24/07/2019) Discharge of condition 4 - Construction Traffic Management of planning application P19/V0914/FUL
P19/V0914/FUL / P19/S1187/FUL - Approved (03/07/2019) Site Clearance works including removal of trees, landscaping, bunds and spoil heaps. Breaking of concrete and removal of all concrete and structures (above and below ground and). Filling of voids. Day lighting of water course and creation of development plateaus.
P15/V1304/O / P15/S1880/O - Approved (21/02/2019) Mixed use redevelopment comprising up to 400 dwellings (C3), 110,000ms of Class B2/B8 units, 25,000m2 of Class B1 units, 13,000m2 Class A1 units (includes 1,500m2 convenience food store), 150 bed Class C1 hotel and 500m2 of Class A3/A4 pub/restaurant, including link road, related open space, landscaping and drainage infrastructure, together with reservation of land for link road and Science Bridge. Cross boundary application Vale of White Horse and South Oxfordshire.
P14/V0385/D - Approved (20/03/2014) Prior notification for proposed demolition of Didcot A Power Station and all associated buildings and structures.
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3.2 |
Pre-application History P19/V2616/PEJ / P19/S3359/PEJ - Advice provided (19/12/2019) Development of new data centre, comprising two new data centre buildings and associated on site infrastructure. |
4.0 |
ENVIRONMENTAL IMPACT ASSESSMENT |
4.1 |
The scheme comprises industrial estate development on a site exceeding 0.5ha as defined at 10(a) of Schedule 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. A request for an Environmental Impact Assessment (EIA) Screening Opinion of this proposal was received on 16th August 2019 (refs P19/V2028/SCR and P19/S2636/SCR). A negative Screening Opinion was issued on 2nd September 2019, which confirmed the proposal was not EIA development. |
5.0 |
MAIN ISSUES |
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5.1 |
The main issues are:
· The principle of development · Landscape and visual impact · Design · Landscaping and trees · Amenity - Noise - Air quality - Lighting · Flood risk and drainage · Traffic and highway safety - Access - Traffic generation - Pedestrian and cycle connections - Bus service infrastructure - Parking · Historic environment - Archaeology · Biodiversity - Protected species - Net gain · Other considerations - Climate Change - Historic environment - Contaminated land - Community employment plan - Public art · Financial contribution requests - Community Infrastructure Levy - S106 legal agreement
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5.2 |
The principle of development
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5.3 |
The development plan for this proposal comprises the adopted Vale Local Plan 2031 Part 1 (LPP1), the adopted Vale Local Plan 2031 Part 2 (LPP2) and the adopted SODC Local Plan 2035 (SOLP). There is currently no made or draft neighbourhood plan for Sutton Courtenay or Didcot.
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5.4 |
The site is allocated for redevelopment in LPP1 and through the grant of outline planning permissions, which remain extant, the principle of commercial development here is established. There are no material changes in planning policy. Development of the site for the data centre use (Use Class B8) complies with policies CP6 and CP16 of LPP1 and policies STRAT1 and STRAT3 of the SOLP and is therefore acceptable in principle unless material considerations indicate otherwise. The proposal is assessed against the requirements of the development plan when taken as a whole, below.
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5.5 |
Landscape and Visual Impact Policy CP44 of LPP1 confirms that key features that contribute to the nature and quality of the district’s landscape will be protected from harmful development, and where possible enhanced. Where development is acceptable in principle, proposals will need to demonstrate how they have responded to landscape character and incorporate appropriate landscape proposals. Policy ENV1 of the SOLP aims to protect the landscape, countryside, and rural areas against harmful development. Development will only be permitted where it protects and, where possible enhances, features that contribute to the nature and quality of South Oxfordshire’s landscapes, in particular trees (including individual trees, groups of trees and woodlands), hedgerows and field boundaries.
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5.6 |
The application site is not within any nationally designated landscape and is previously developed land within the urban area of Didcot with limited landscape value. Its redevelopment is therefore acceptable. Notwithstanding, concern has been raised on the height of buildings and flues and their visual impact on the local area.
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5.7 |
The applicant has provided a landscape visual impact assessment which concludes the scheme has a minor adverse effect on its immediate surroundings and any wider views (including those from AONB). However, the perceived level of change to a view is low due to the existing urban context. Officers agree with the assessment’s findings and consider that where the new buildings and flues would be visible, this would form part of a view that contains existing views of industry and large-scale buildings (the warehouse building immediately west of the site is 22m high for comparison). Consequently, the scale mass and height of the proposal is considered acceptable for this location and the proposed development would not cause unacceptable landscape and visual harm to result in conflict with policies CP44 and ENV1.
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5.8 |
Design Policy CP37 of LPP1 states that new development must demonstrate high quality design that responds positively to the site and its surroundings, creating a distinctive sense of place through high quality townscape and landscaping that physically and visually integrates with its surroundings. It sets out further design criterion for streets and movement, green infrastructure, social inclusion and safe communities, climate change resilience and that development must be visually attractive, with scale, height, massing, and materials appropriate to the site and surrounding area. Policy CP38 of LPP1 sets out more detailed design criterion required for strategic and major development sites. Policy DES1 of the SOLP aims to ensure that all new development must be of a high-quality design with policy DES2 ensuring that it must respond to and enhance local character. Policy DES4 requires masterplans for all major development.
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5.9 |
The proposed development is acceptable. The design of all the elements of the proposal are considered to make a positive contribution to its surroundings, with attractive contemporary design, form, scale, materials and colour, together with the landscape treatment and the relationship of the building within its environment. The proposal is compliant with policies CP37, CP38, DES1, DES2 and DES4.
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5.10 |
Landscaping and trees The landscaping proposals have been devised in consideration of the site context as well as the operator’s security requirements on visibility across the site and between the elevation of the building and boundaries and include retained and proposed woodland, informal groups of parkland trees and native shrub and hedgerow planting. Overall, the landscape scheme (as amended) is generally acceptable. The landscape officer raises no objection subject to minor revisions for pond planting, fence colour and drainage pipe routing to avoid clashes with planting areas. These can be addressed by condition.
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5.11 |
Most trees shown to be removed have been previously approved on other consented applications. Further trees that will now require removal are located where the Attenuation Pond is located. The tree officer has confirmed these trees are less prominent from an amenity value and arboricultural perspective than the trees shown to be retained adjacent to Milton Road, whose retention will help to soften the development, and additional planting proposed will help mitigate their loss. The proposal is therefore acceptable and compliant with policies CP44 and ENV1.
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5.12 |
Amenity Policy DP23 of LPP2 requires development proposals to demonstrate they will not result in significant adverse impacts on the amenity of neighbouring uses. Policies ENV12 and DES6 of the SOLP aim to ensure that development would not have significant adverse impacts on the amenity of neighbouring uses with respect to loss of light, dominance or visual intrusion, noise, emissions, pollution, or external lighting.
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5.13 |
The southern boundary of the development is located within approximately 75 meters of nearby residential properties under construction. At this distance there will be no unreasonable overlooking, overshadowing or overbearing impact for existing and future occupants of dwellings.
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5.14 |
Noise Policy DP25 of LPP2 requires noise generating development to provide an appropriate scheme of mitigation. Chiller units proposed to keep the servers cool and generators (if used) will generate noise. A noise assessment accompanies the application. The noise assessment predicts night-time noise levels for the nearest dwellings would not increase ambient sound levels and generators are to be located within enhanced acoustic enclosures to reduce sound. In the day-time background noise levels at the nearest dwellings are higher than the night-time levels and consequently there will be no unreasonable noise impact. Environmental Health raise no objection on noise matters, subject to conditions on hours of testing and the emergency operation of generators. The proposal accords with policy DP25.
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5.15 |
Air Quality Policy DP26 of LPP2 confirms that development proposals that are likely to have an impact on local air quality, including those within relative proximity to existing air quality management areas (AQMAs) will need to demonstrate measures / mitigation to minimise any impacts associated with air quality. Policy EP1 of the SOLP requires all development proposals to minimise air pollution.
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5.16 |
An
Air Quality Assessment has been undertaken and reported as part of
this application submission. This assesses both construction and
operational related activities to adequately consider air quality
impacts of the proposed development. Impacts during construction,
such as dust generation and plant vehicle emissions, are predicted
to be of short duration and only relevant during the construction
phase. The results of the risk assessment undertaken, indicates
that before the implementation of mitigation and controls,
the
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5.17 |
Air quality implications due to use of the diesel generators in both testing and in use during any emergency situations, and traffic movements have also been assessed. It is considered emissions will all be well below air quality objectives and will not cause any breaches. Impacts for residents, users of the site and the adjacent public highway will be acceptable.
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5.18 |
Lighting Policy DP21 seeks any external lighting to not have an adverse effect on the character of the area, amenity of neighbours or on local biodiversity. Matters of biodiversity impact is considered elsewhere in this report. In terms of amenity, the lighting proposed is acceptable and there is no direct impact on nearby housing. It has been designed to ensure it is not obtrusive, adhering to the principles of policy DP21 whilst ensuring a safe and secure site, including the safety of movement around the site.
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5.19 |
Flood Risk and drainage Core Policy 42 of Local Plan part 1 seeks to ensure that development provides appropriate measures for the management of surface water as an essential element of reducing future flood risk to both the site and its surroundings. Policy EP4 of the SOLP seeks to minimise the risk of flooding and Policy INF4 relates to water resources and requires that all new development proposals must demonstrate that there is or will be adequate water supply, surface water, foul drainage and sewerage treatment capacity to serve the development.
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5.20 |
The Environment Agency flood risk map confirms that the site lies within Flood Zone 1 (the preferred location for development of this type) and is at a low risk of fluvial flooding as well as from other potential sources of flood risk. The drainage strategy for the site (SUDs with attenuation and infiltration basins to convey surface water to the diverted watercourse) accounts for flood risk considerations to ensure surface water management and potential flooding is appropriately managed.
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5.21 |
The council's drainage team raise no objection subject to conditions requiring further details based on the FRA to be submitted and approved for unit 2 and implementation and verification of the constructed drainage scheme before occupation. A sustainable drainage scheme can therefore be agreed to accord with policies CP42 , EP4 and INF4 in respect of flood risk and surface water management.
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5.22 |
Traffic and highway safety Policy CP33 of LPP1 actively seeks to ensure that the impacts of new development on the strategic and local road network are minimised, to ensure that developments are designed in a way to promote sustainable transport access and to promote and support improvements to the network that increase safety and improve air quality. Policy CP35 of LPP1 promotes public transport, cycling and walking and together with policy DP17 of LPP2 (and TRANS4 of the SOLP) requires proposals for major developments to be supported by a Transport Assessment in accordance with OCC guidance. Policy DP16 of LPP2 requires evidence to demonstrate that acceptable off-site improvements to highway infrastructure can be secured where these are not adequate to service the development.
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5.23 |
Policy TRANS5 of the SOLP seeks to ensure that development does not harm highway safety and provides for sufficient parking and turning areas and TRANS2 promotes the use of sustainable forms of transport such as walking and cycling. Policy TRANS1b supports strategic transport investment.
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5.24 |
The application is supported with a Transport Assessment and addendum technical notes which have been assessed by the Highway Authority.
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5.25 |
Access It is proposed to utlise the Milton Road vehicle access arrangement that was approved as part of the outline planning permission for the overall Didcot A site. The principle of using this extant vehicle access as the site’s primary access is acceptable, as is the form of access arrangement proposed. A secondary access from the north is also acceptable in terms of highway safety.
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5.26 |
Traffic generation The proposed data centre site is to be located within an area of the wider Didcot A site that was granted outline planning permission for a large mixed land use development, that included several commerical uses and 400 residential dwelllings. All of these permitted land uses will generate a signficant number of peak hour commuter traffic movements on the public highway network.
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5.27 |
Due to the unique nature of data centre land uses, traffic generation is low compared to a typical Class B8 warehouse use. Vehicle movements from the proposal are estimated to be 14 two-way movements in AM peak hour and 6 in the PM peaks hour, compared to the extant planning permission for the site of 303 two-way in the AM peak hour and 321 in the PM peak. On this basis the impact of the propsal on the local highway network is negligble and the Highway Authority confirm the proposal would provide a significant benefit to the operation of the local and strategic network. The proposal results in a betterment compared to the extant scheme and is therefore, acceptable. In addition, conditions can restrict the use of the site and manage construction traffic.
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5.28 |
Pedestrian and cycle connections Pedestrian and cycle permeability between Milton Road and the Science Bridge Link Road is essential to promote sustainable travel patterns for the development proposal, the rest of the Didcot A site and other local destinations. The provision of a connecting link is also supported by policy CP16 of LPP2.
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5.29 |
Sutton Courtenay parish council consider the current provision in the application is not deemed adequate. In their view there is no commitment to construction of the cycle path and footpath, merely the allocation of land which may result in the lack of provision in the future.
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5.30 |
A 4m land corridor width along the site frontage of Milton Road is to be secured for a future cycle / pedestrian scheme that will be delivered by Oxfordshire County Council (OCC). Furthermore, a pedestrian / cycle route between Milton Road and the new Science Bridge Link Road through the development site has now been agreed in principle. The total corridor width of this route is to be 7m. This is acceptable and OCC raise no objection. The facility (together with a cycle / pedestrian bridge over the water course) is expected to be delivered by the developer once the Science Bridge works are nearing completion and there is no longer the need for the bridge construction compound within the site. OCC is currently in negotiations with the developer regarding the delivery of this route which will be secured through the legal agreement. Officers consider this overcomes the parish concern.
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5.31 |
Bus service infrastructure Sutton Courtenay parish council also has concerns over the distance from the nearest bus stop. A pair of bus stops on each side of Milton Road are to be provided, close to the new Milton Road entrance (within 100m) and will be secured by the S106 legal agreement. The works include hardstanding with appropriate footway / carriageway widening works, pole, flag, information display, shelter with ducting provided for real time information and lighting. Officers consider therefore adequate infrastructure for bus services can be provided to serve the development and a refusal on this ground would not be justified.
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5.32 |
Parking The council’s parking standards require 1 car parking space per 200 sqm of Class B8 floor space with a threshold set at 1,000 sqm. A total of 89 car parking spaces are proposed on-site via a secure and private gated entrance. 39 spaces are to be provided for Unit 1 and 50 spaces for Unit 2. No HGV parking is to be provided on site, only service yards. All car parking will be provided with passive charging infrastructure, with 9 spaces provided with active charging points. The highway Authority raises no objection to the level of parking provision and officers consider the provision is reasonable to meet the site’s operational needs and based on the number of likely employees and the accessibility of the site.
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5.33 |
Secure and sheltered cycle parking is proposed on site supported with dedicated lockers and changing areas within the proposed data centre buildings. Such facilities will encourage sustainable travel patterns to the site. The total number of cycle parking spaces proposed is 20. OCC considers this provision to be low, but it is noted the applicant suggests that only four members of staff, on a typical day, will utilise the cycle parking to be provided i.e. 20 cycle parking spaces equating to a provision of 20% provision for the total number of staff is provided. To address this concern the Travel Plan for the site has been revised and as such should the cycle parking capacity exceed 90% consistently over an agreed period of time then 10 additional cycle parking spaces will be provided as part of the Travel Plan. This proposal is considered acceptable.
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5.34 |
Historic Environment Policies CP39 of LPP1 and DP36 of LPP2 state that proposals for new development that may affect heritage assets must demonstrate that they conserve and enhance the special interest or significance of the heritage asset and its setting. Policies ENV6 and ENV8 of the SOLP seek to ensure that new development is sensitively designed and should not cause harm to the historic environment.
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5.35 |
There are no designated assets within the application site. Old Didcot Conservation Area is located 735m to the south-east and contains listed buildings. None of these heritage assets would be affected by this proposal in terms of their setting and the proposal is compliant with policies CP39 and DP36.
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5.36 |
Archaeology DP39 of LPP2 states that development will be permitted where it can be shown that it would not be detrimental to the site or setting of Scheduled Monuments or nationally important designated or non-designated archaeological remains. Policy ENV9 of the SOLP also requires development to protect Scheduled Monuments.
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5.37 |
There is a Scheduled Monument approximately 1.1km north-west of the site. The county archaeologist has confirmed the proposals outlined would not have an invasive impact upon any known archaeological sites or features. As such there are no archaeological constraints to this scheme and the proposal is compliant with policy DP39.
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5.38 |
Biodiversity Policies CP46 of LPP1 and ENV3 of the SOLP requires development to avoid losses in biodiversity and actively seeks net gains. The site is not covered by statutory or non-statutory designations.
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5.39 |
The application is supported by an Ecological Appraisal which confirms that most habitats on site comprise of bare ground. An area of woodland, in the east of the parcel, currently remains.
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5.40 |
Protected Species The countryside officer advises the southern boundary of the site is a bat commuting and foraging resource. The Environmental Statement, pursuant to the outline planning permission on the wider site (P15/V1304/O), confirmed that high quality structural landscaping along this boundary is required to mitigate and compensate for impacts on bat commuting and foraging behaviour. The amended landscaping plans show that the southern boundary has increased landscaping and significantly improves the potential for the boundary to be used as a linear habitat corridor. Improvements have also been made to the lighting design around the main site access on the southern boundary. Luminaires will have a colour temperature of 3000k and installed on a 6-metre pole (2m shorter than previously proposed). It is considered that this amended lighting scheme has lowered the potential ecological impact, whilst still meeting the highway safety needs of the access and is considered by officers to be sensitively designed. Any impact on bats is thus acceptable.
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5.41 |
Net gain An approach to biodiversity net gain (BNG) for the wider site has been agreed with the local planning authority under P20/V2691/DIS. This approach involved quantifying the 2014 pre-development biodiversity value of the site, prior to any habitat clearance, and measuring the biodiversity gains that each parcel is likely to deliver. Overall, it is considered the wider site can deliver a net gain for biodiversity and this is actively monitored through the submission of subsequent and cumulative Biodiversity Enhancement Plans.
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5.42 |
The submitted BNG assessment with this application deviates from the approach previously agreed as this assessment has taken the baseline as being from post-clearance, instead of the habitats assessed on site under the wider outline permission. Whilst this is a stand-alone application, the biodiversity impacts of this proposal still need to be considered in the wider context of the whole site, but it is acknowledged that this development will deliver a likely net gain for biodiversity and contribute to the net gain goals of the wider site. As such the countryside officer raises no objection subject to an updated site-wide strategy report to ensure that biodiversity losses and gains are recorded appropriately. An updated report can be submitted by the landowner through planning conditions on the extant outline permission for the wider site to accord with policies CP46 and ENV3.
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Other considerations |
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5.43 |
Climate Change CP40 of LPP1 encourages developers to incorporate climate change adaption and design measures to combat the effects of changing weather patterns in all new development. Policies DES8 and DES10 of the SOLP require sustainable design and that all new build development must achieve at least a 40% reduction in carbon emissions compared with a code 2013 Building Regulations compliant base case. This reduction is to be secured through renewable energy and other low carbon technologies and/ or energy efficiency measures. It goes on to state that an energy statement must be submitted to demonstrate compliance with the policy and how the development will comply with this.
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5.44 |
The applicant has provided a sustainability statement and energy statement to support the application. The sustainability statement has evaluated the proposal against principles of sustainability and the relevant national and local planning policies. It demonstrates how all principles of sustainability have been considered during the design of the development and how these will be further embedded throughout its lifecycle. The statement concludes that the proposed site location and the proposed design would enable a sustainable development to be constructed with alignment to the BREEAM UK Data Centres 2010 requirements to achieve BREEAM excellent.
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5.45 |
The energy statement summarises the strategy devised for the development of Unit 1 and outlines the development’s approach to energy efficiency and renewable energy strategies. A similar assessment will be made with regards to Unit 2 at the appropriate time. The proposal incorporates energy efficient and passive design measures to deliver significant savings on regulated energy use and is likely to achieve an 83% improvement over the Building Regulations Part L 2013 Target Emission Rate. Further detail can be found in the energy statement which is available to view online. The proposal accords with policy DES10.
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5.46 |
Concern has also been raised the development does not adapt or provide enough for climate change. As part of the analysis a feasibility study into Low or Zero Carbon Technologies (LZC) has also been carried out. This concludes photovoltaic panels (PV) and VRF (Air source heat pump) as the most appropriate technology for this development. PV was originally proposed on just the roof of the office element of the building, covering 200m2. Through negotiation by your officers, this has been increased across the data hall roof to provide a total of 1160m2.
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5.47 |
In
response to the concerns raised, the applicant recognises that
human-induced climate change is a real and serious threat and that
action is needed and there is a commitment to achieve net zero
carbon emissions by 2040,
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5.48 |
Officers are also mindful of a 29 April 2021 appeal decision recovered by the Secretary of State for Housing, Communities & Local Government (SoS) in which he rejected Swale Borough Council’s request to impose planning conditions seeking to reduce carbon emissions from proposals beyond the requirements of Part L of the Building Regulations. The SoS considered that in the absence of local plan policy and notwithstanding the high level of national commitment to carbon neutrality, and the significant weight attaching to tackling climate change, imposing conditions to reduce carbon emissions would go beyond current and emerging national planning policy and would not be either reasonable or necessary (appeal decision APP/V2255/W/19/3233606). Officers advise that conditions could not be reasonably imposed requiring further carbon emission reductions or the installation of additional renewable energy technology above existing planning policy or building regulation requirements to that currently proposed.
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5.49 |
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5.50 |
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5.51 |
Community Employment Plan Policy DP11 of LPP2 states all new development should demonstrate how opportunities for local employment, apprenticeships and training can be created. A Community Employment Plan is required and can be secured by condition to accord with policy DP11.
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5.52 |
Public Art Policy DP20 of LPP2 requires proposals for all major development to provide public art that makes a significant contribution towards the appearance of the scheme or character of the area, or which benefits the local community. It is likely public art will be provided off site and contributions can be secured through a S106 legal agreement to accord with policy DP20.
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5.53 |
Financial contribution requests Paragraph 56 of the NPPF advises that planning obligations should only be sought where they meet all of the following tests:
I. Necessary to make the development acceptable in planning terms; II. Directly related to the development; and III. Fairly and reasonably related in scale and kind to the development.
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5.54 |
Policy CP7 of LPP1 provides that development will only be permitted where the necessary physical infrastructure and service requirements to support the development can be secured. Policy INF1 of the SOLP states all new development must be served and supported by appropriate onsite and offsite infrastructure and services.
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5.55 |
Community Infrastructure Levy This proposal is not CIL liable.
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5.56 |
S106 Legal Agreement In accordance with the Developers Contributions SPDs if permission were to be granted, a s106 legal agreement would be required to secure highway infrastructure and financial contributions (all index linked) towards traffic mitigation, public transport, travel plan monitoring, and public art which are considered necessary, related to the development, and fair and proportionate to mitigate the impact of this development: |
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5.57 |
As part of the Section 106 agreement for this proposal the applicant has agreed to provide OCC with a larger construction compound / licence area on the area known as Parcel A1 with access taken from Milton Road. This larger compound area is to be 75m x 75m and will assist OCC in delivering the Science Bridge as part of the Didcot Garden Town Housing Infrastructure Fund (HIF) schemes. |
6.0 |
CONCLUSION |
6.1 |
This application has been determined against the development plan, unless material considerations indicate otherwise. In considering the application, due regard has been given to the representations received from statutory and other consultees. These have been taken in to account in assessing the overall scheme.
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6.2 |
The application site is identified in the adopted Vale of White Horse Local Plan 2031, Part 1 as an allocated site for commercial redevelopment and the proposal accords with the adopted South Oxfordshire Local Plan strategy for locating major development such as this in Didcot. The principle of development is therefore acceptable.
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6.3 |
The traffic impact of the proposal is acceptable and new public transport and cycle infrastructure will be delivered as part of the scheme. Planning conditions can control light and noise emissions preventing unreasonable impacts for residents. Due to distance there is no unreasonable overbearing, over shadowing or overlooking impacts for residents.
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6.4 |
The proposals will be visible. They will be seen in the context of existing large commercial buildings and the power station. Planting proposals have been revised and include tree planting and woodland planting. These will assist is reducing the prominence of the proposals. The visual harm which is not considered adverse needs to be balanced against the benefits of the scheme which are considered to outweigh any visual harm.
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6.5 |
Satisfactory drainage schemes can be secured through planning conditions. The proposals provide biodiversity enhancement.
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6.6 |
The scheme can be made development plan policy compliant through the addition of conditions and therefore, it is recommended that permission is granted. |
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The following have been taken account of in assessing this application: |
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Vale of White Horse Local Plan 2031, Part 1 (LPP1) policies: CP01 - Presumption in Favour of Sustainable Development CP03 - Settlement Hierarchy CP06 - Meeting Business and Employment Needs CP07 - Providing Supporting Infrastructure and Services CP15 - Spatial Strategy for South East Vale Sub-Area CP16 - Didcot A Power Station CP17 - Delivery of Strategic Highway Improvements within the South-East Vale Sub-Area CP18 - Safeguarding of Land for Transport Schemes in the South East Vale Sub- Area CP33 - Promoting Sustainable Transport and Accessibility CP35 - Promoting Public Transport, Cycling and Walking CP36 - Electronic communications CP37 - Design and Local Distinctiveness CP38 - Design Strategies for Strategic and Major Development Sites CP39 - The Historic Environment CP40 - Sustainable Design and Construction CP42 - Flood Risk CP43 - Natural Resources CP44 - Landscape CP45 - Green Infrastructure CP46 - Conservation and Improvement of Biodiversity CP47 - Delivery and Contingency
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Vale of White Horse Local Plan 2031, Part 2 (LPP2) policies: CP15A - Additional Site Allocations for the South-East Vale Sub-Area CP16B - Didcot Garden Town CP18A - Safeguarding of Land for Strategic Highway Improvements within the South-East Vale Sub-Area DP11 - Community Employment Plans DP16 - Access DP17 - Transport Assessments and Travel Plans DP20 - Public Art DP21 - External Lighting DP23 - Impact of Development on Amenity DP24 - Effect of Neighbouring or Previous Uses on New Developments DP25 - Noise Pollution DP26 - Air Quality DP27 - Land Affected by Contamination DP28 - Waste Collection and Recycling DP30 - Watercourses DP36 - Heritage Assets DP39 - Archaeology and Scheduled Monuments CP47A - Delivery and Contingency
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South Oxfordshire Local Plan 2035 (SOLP) Policies: STRAT1 - The Overall Strategy STRAT2 - South Oxfordshire Housing and Employment Requirements STRAT3 - Didcot Garden Town STRAT4 - Strategic development INF1 - Infrastructure Provision INF2 - Electronic Communications INF4 - Water Resources ENV2 - Biodiversity - Designated sites, Priority Habitats and Species ENV3 - Biodiversity ENV4 - Watercourses ENV5 - Green Infrastructure in New Developments ENV6 - Historic Environment ENV9 - Archaeology and Scheduled Monuments ENV11 - Pollution - Impact from existing and/ or Previous Land uses on new Development and the Natural Environment (Potential receptors of Pollution) ENV12 - Pollution - Impact of Development on Human Health, the Natural Environment and/or Local Amenity (Potential Sources of Pollution) EP1 - Air Quality EP2 - Hazardous Substances EP3 - Waste collection and Recycling EP4 - Flood Risk DES1 - Delivering High Quality Development DES2 - Enhancing Local Character DES3 - Design and Access Statements DES8 - Promoting Sustainable Design DES7 - Efficient Use of Resources DES6 - Residential Amenity DES10 - Carbon Reduction TRANS1B - Supporting Strategic Transport Investment TRANS2 - Promoting Sustainable Transport and Accessibility TRANS3 - Safeguarding of Land for Strategic Transport Schemes TRANS4 - Transport Assessments, Transport Statements and Travel Plans TRANS5 - Consideration of Development Proposals TRANS7 - Development Generating New Lorry Movements
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Neighbourhood Plans A neighbourhood plan area for Sutton Courtenay Parish was designated in January 2017. The parish council has started the process of gathering evidence and engaging with the local community. This is to give the plan a direction and draft policies that will form the neighbourhood plan (NP). To date a draft NP has not been published and therefore, no weight can be given to any policies that may be emerging. There is no neighbourhood plan for Didcot Town.
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Adopted guidance Vale Design Guide SPD 2015: The Guide was adopted on 10 March 2015 and sets out design principles to guide future development and encourage a design-led approach to development.
South Design Guide SPD 2016: The Guide is intended to assist landowners, developers, applicants, agents, and planners through all stages of the design and planning process to achieve high quality development.
South S106 Planning Obligations SPD 2016: The SPD was adopted in March 2016 and provides guidance on how planning obligations will work alongside CIL to deliver the infrastructure needed to support development in South Oxfordshire.
Vale Developer Contributions – Delivering Infrastructure to Support Development SPD 2017: The SPD was adopted on 30 June 2017 and provides guidance on how planning obligations will work alongside CIL to deliver the infrastructure needed to support development in the Vale.
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National Planning Policy Framework (NPPF)
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Planning Practice Guidance (NPPG)
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Other Relevant Legislation
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Author: Stuart Walker
Contact No: 01235 422600
Email: planning@whitehorsedc.gov.uk / planning@southoxon.gov.uk