BOLSOVER DISTRICT COUNCIL

Appendix 1
BOLSOVER DISTRICT COUNCIL
POSITION PAPER RELATING TO
THE FORMER COALITE CHEMICAL WORKS SITE
NOVEMBER 2013
Contents
1. Introduction
2. Background
• The former Coalite Chemical Works site
• Adopted policy situation
• Key planning history
3. Plan making process
• Bolsover District Core Strategy: Revised Preferred Options (April 2010)
• Evidence Base work for new Local Plan
• Bolsover District Local Plan Strategy: Proposed Submission (May 2013)
4. Comment on Representations
•
•
•
•
•
•
•
•
•
•
•
Duty to Cooperate
Development Viability
Need to be a strategic site in its own right
Appropriate Uses (employment)
Appropriate Uses (bulky goods retail)
Appropriate Uses (residential)
Contamination remediation
Impact on the historic environment
Impact on the natural environment
Overall Housing Numbers
Overall Employment Land Provision
5. Suggested Way Forward
2
1) Introduction
1.1
The purpose of this paper is to set out the Council’s position in relation to the former
Coalite site in light of the work that led to the publication of the Bolsover District
Local Plan Strategy: Proposed Submission and of the representations received
during the formal consultation exercise carried out on the Proposed Submission
document.
1.2
In preparing this document, it has been considered that setting out the Council’s
position will aid the Planning Inspector’s examination of both the Council’s Local
Plan Strategy and the issues raised in relation to the former Coalite site.
3
2) Background
The former Coalite Chemical Works site
2.1
The site in question relates to the site of the former Coalite Chemicals Works at
Bolsover. The smokeless fuels operation at the site originated in 1936 and
represented a world leader at that time in the manufacture of smokeless fuels with
its product “Coalite”. The business evolved using the by-products of the smokeless
fuels manufacturing process to produce “Coalene”, a low octane petrol, and other
diesel and fuel oils, as well as a range of chemical products including chlorine,
ammonia and trichlorophenol.
2.2
Related to the chemical works, the site has a record of pollution incidents, including
an explosion of a manufacturing unit in 1968 and prosecution for contamination of
the River Doe Lea and surrounding farmland in 1996.
2.3
The former Coalite Chemicals Works went into administration in May 2004 and
following an unsuccessful period to secure a new owner to keep the business
operational, the business ceased trading in September 2004.
2.4
The site was comprised of the following parts:
1) The Coalite headquarters offices north of Buttermilk Lane (in Bolsover District);
2) The chemical manufacturing units north of Buttermilk Lane east and west of the
former Bolsover Colliery branch line (in Bolsover District);
3) The smokeless fuel manufacturing units and rail sidings south of Buttermilk
Lane west of the former Bolsover Colliery branch line (in Bolsover District);
4) The coal stocking area west of the River Doe Lea (in NE Derbyshire District).
Figure A – Site plan of former Coalite site
4
Adopted policy situation
2.5
The Bolsover District Local Plan (February 2000) includes parts 1), 2) & 3) of the
former Coalite Chemicals Works within the settlement framework of Bolsover Town.
Within this, part 2) was allocated by policy EMP 15 as an Employment Other Sites:
Area of Existing Operations at Coalite Chemicals.
2.6
This policy recognised the importance of the Coalite Chemical Works (at the time)
as an important source of employment in the area, despite its pollution record and
its detrimental impact on the character of the area. The policy recognised that the
Chemical Works use was likely to continue and thus outlined a sympathetic attitude
towards proposals to bring the plant up-to-date, to make commercial survival
possible or to promote further employment, provided the development would not
have an unacceptable adverse impact on the local area. Particular encouragement
would be provided to proposals that removed or reduced the environmental impact
of the works.
2.7
Also related to this, the Local Plan includes two policies relating to the Coalite
Chemicals Inner and the Middle and Outer Development Control Zones, EMP 16
and 17 respectively. These policies relate to the control zones associated with the
consents granted following the enactment of the Planning (Hazardous Substances)
Act 1990. However, these consents have now been revoked and it is proposed that
these two policies will be deleted upon adoption of the Council’s new Local Plan
Strategy.
2.8
The North East Derbyshire Local Plan (November 2005) treats part 4) of the former
Coalite Chemicals Works as a countryside location beyond any identified
settlement. However, part 4) was allocated by policy E 6 as an Existing
Employment Area and is incorporated fully and represents part of the crossauthority Markham Vale employment development.
Figure B – Plan of former Coalite site showing current planning policy framework
5
2.9
For information, the Markham Vale employment development is a Derbyshire
County Council-led project that encompasses land in Bolsover District, North East
Derbyshire District and Chesterfield Borough. During consideration of the Markham
Vale planning application, Chesterfield Borough Council acted as lead planning
authority in recognition of having the largest part of the site within its Borough, with
support in assessing the proposals, consultation and report writing from officers at
Bolsover and at North East Derbyshire District Councils. A combined report was
presented to each authority’s relevant committees, with approval being granted by
Bolsover District Council at a special meeting on the 18th March 2005.
Figure C – Site plan of Markham Vale
2.10
Essentially the adopted position for the former Coalite site on both sides of the
district boundary is as a continuous employment allocation / site, with the part in
North East Derbyshire District forming part of the Markham Vale employment
commitment and the parts in Bolsover District as an additional area of available
employment land.
Key planning history
2.11
In view of this aligned policy position, Bolsover District Council has worked closely
with North East Derbyshire District Council regarding development proposals for the
site and has continued to provide encouragement to proposals that would lead to
6
the satisfactory redevelopment and decontamination of the former Coalite site and
form an acceptable development in terms of the wider environmental constraints,
such as the River Doe Lea and Grade I listed Bolsover Castle.
Key development proposals
•
•
BDC 02/00614/LAWEX - Application for Lawful Development Certificate for
use of land for production of solid fuels and chemicals and associated
activities (B2 General Industry)
NEDDC 02/01309/LDC - Application for Lawful Development Certificate for
use of land for B2 (General Industry)
The applications to both Councils were to secure a lawful development
certificate for the general industry planning use established on the site.
The certificates were issued by Bolsover District Council and North East
Derbyshire District Council on the 4th November 2003 and the 14th April 2003
respectively.
•
•
BDC 06/00709/NCO - Consultation on application for the erection for a
temporary period of 1 year of a concrete batching plant
NEDDC 06/01221/TP - Erection for a temporary period of one year of a
concrete batching plant
This application to North East Derbyshire District Council was for a
temporary concrete batching plant for Tarmac Limited – Midlands on a small
part of the former Coalite site on the NE Derbyshire part of the site.
Bolsover District Council did not object to the job creating aspect of the
scheme but did object to the proposal due to the adverse impact on the
environment, including the setting of Bolsover Castle, and lack of information
in relation to contamination and need for remediation measures. Objections
were also received from English Heritage. Following subsequent preparation
of a Built Heritage Assessment, English Heritage confirmed they wished to
make no further comments but BDC confirmed that its objections still
remained.
The application was approved by NEDDC on the 17th May 2007 in light of the
impact on the setting being temporary and thus not continuing beyond the
planned cessation of the permission, given the employment benefits and the
operation’s primary role to service the Markham Vale development.
However, the permission was not implemented.
•
•
BDC 08/00755/OUTEA - Erection of an industrial (Class B1 and B2 of the Use
Classes Order) and distribution park (Class B8 of the Use Classes Order)
NEDDC 08/01206/OL - Outline application for the erection of an industrial
(Class B1 and B2 of the Use Classes Order) and distribution park (Class B8 of
the Use Classes Order)
The applications to both Councils were for a comprehensive redevelopment
of the whole former Coalite site for a range of employment uses for
Goodman International, a major developer of industrial and logistics
7
buildings. This proposal followed their interest in the site due to its strategic
location near the national road network in an area known for demand for
industrial and warehouses premises.
Figure D – Plan of Goodman International’s proposals
Both Councils welcomed the opportunity to seek a comprehensively planned
redevelopment of the former Coalite site in a form that sought to complement
the Markham Vale development proposals and that sensitively responded to
the environmental constraints of the site.
The development proposals set out a reasonably detailed design framework
that sought to explain how the proposals had taken account of the client
brief, existing and emerging planning policy and on the site’s local context.
Within this, the proposals included a 55,000 sq.m. (600,000 sq.ft.) national or
regional warehouse unit on the NE Derbyshire part of the site and seven
smaller warehouse units, ranging between 9,250-25,000 sq.m. (100,000265,000 sq.ft.).
Objections to the scale of the proposals were received from both internal
conservation officers and also from English Heritage, in particular
questioning the justification of the larger 55,000 sq.m. warehouse unit. These
led to a more detailed examination of the viability and market analysis
underpinning Goodman International’s proposals in order to establish
whether the site would be viable with the larger unit being replaced by
several smaller units, or with an overall smaller quantum of floorspace.
8
From the limited viability information provided by the applicant, the Councils’
independent viability advice reported that the market position in 2010 saw an
adequate supply of units sized 9,250 sq.m. (100,000 sq.ft.) and upwards and
that financial backing for speculative proposals providing additional supply
would prove difficult to secure. In relation to the larger 55,000 sq.m. (600,000
sq.ft.) warehouse unit, the advice reported that there were few units of this
size available but that this largely reflected the low demand for such units.
Overall, based on the limited information provided the independent viability
advice reported that they thought the proposed form of development would
be the most financially attractive model, although they still had concerns
about the viability and thus deliverability of Goodman International’s
proposals.
Alongside this, the Councils advised the applicants that they needed to
investigate further a number of noise and contamination remediation
‘technical issues’ before the Councils could determine the applications. This
further investigation did not take place despite several extensions to the time
for submission.
This situation led to both Councils under one joint letter dated 27th October
2010 to determine to finally dispose of the planning applications and treat
them as being withdrawn. This joint letter also advised that both Councils
wanted to see the decontamination / remediation of the former Coalite Works
and that they would continue to be supportive of its redevelopment in a form
which delivered regeneration and took advantage of its location and context.
It was advised that officers from both Councils would be available to meet to
discuss Goodman International’s new proposals and future submissions. No
requests for discussions were received.
Also of concern in the consideration of the applications was the existence of
the Hazardous Substance Consents on the site and the potential conflict of
Goodman International’s proposals with them. The applicants advised that
they were not prepared to enter into a voluntary revocation of the consents
prior to a decision on the planning application, but indicated at the time that
they would have accepted a condition on the permission that their
development would not be occupied until the hazardous substances
consents were revoked.
•
•
BDC 09/00615/NCO - Consultation on application for the approval of reserved
matters for a warehousing unit, associated offices and external storage yard
with associated car parking and fencing, together with a pumping station and
associated apparatus
NEDDC 09/01001/RM - Approval of reserved matters for a warehousing unit,
associated offices and external storage yard with associated car parking and
fencing, together with a pumping station and associated apparatus
This application to North East Derbyshire District Council was for
development on part of the Markham Vale part of the former Coalite site, just
to the north of the existing Derbyshire County Council run Household Waste
Recycling Centre.
9
As this proposal was in line with the Markham Vale design framework and
approved masterplan, Bolsover District Council made no further comments
on the application.
The application was approved by NEDDC on the 12th January 2010 and has
since been implemented.
•
Revocation of Hazardous Substances Consents for the Coalite Works
The Council resolved in July 2011 that this long standing permission be
revoked under the provisions of S14(2) of the Planning (Hazardous
Substances) Act 1990. The Revocation Order was made on the 8th
December 2011 and was confirmed by the Secretary of State for
Communities and Local Government on 16th January 2012.
•
Initial proposals to regenerate the former Coalite works from Bolsover Land
Limited
The Council has been made aware of Bolsover Land Limited’s initial
proposals to regenerate the former Coalite Chemical Works site. The initial
proposals have also been made public by virtue of a public consultation
exercise carried out by the owner of the site in advance of making a planning
application to both Bolsover District Council and North East Derbyshire
District Council. The Council has noted these proposals but is required to
reserve judgement until the formal applications are submitted and have been
considered and subject to formal public consultation.
10
3) Plan making process
3.1
The preparation of Bolsover District Council’s new local plan in relation to the
former Coalite Chemical Works site has been informed by a number of key factors.
Bolsover District Core Strategy: Revised Preferred Options (April 2010)
3.2
The Core Strategy: Revised Preferred Options represented a key stage in the
Council’s work to replace the Bolsover District Local Plan (2000).
3.3
For Bolsover Town, the Core Strategy recognised that one of the main constraints
on the future expansion of the town was the presence of a consent for the storage
of hazardous substances at the former Coalite works. It also recognised that the
most sustainable location for residential growth was to the north and east of the
town rather than to the west.
3.4
At this stage of the plan making process, the continuation of the former Coalite site
as an employment site was expected in line with its historic and established
planning use and with Goodman International’s ongoing comprehensive proposals
for the creation of an industrial and distribution business park. This was reflected in
policy CS 8: General Principles for Economic Development, which identified the
former Coalite site as part of the Markham Employment Growth Zone.
Evidence Base work for new Local Plan
3.5
Following the lack of progress with the ‘technical issues’ and consequential
withdrawal of Goodman International’s comprehensive proposals for the creation of
an industrial and distribution park and in light of the viability concerns of a national
or regional warehouse unit led employment proposal, work commenced on
establishing evidence for a more credible proposal.
3.6
This initially led to Bolsover District Council make initial enquiries with North East
Derbyshire District Council and appropriate land owners about the potential for a
joint Area Action Plan for the Bolsover North West area, which encompassed the
former Coalite works and several adjacent plots of land. However, the then owners
of the former Coalite site were not interested in taking this option forward, leading to
Bolsover District Council progressing with its plan making process without an
actively engaged land owner
3.7
This situation led to the Council appointing GVA Grimley in late 2010 to undertake
an options appraisal that examined the viability of employment, renewable energy,
retail, leisure and residential led forms of development to inform future potential
allocations in the new Local Plan. The Options Appraisal report’s key findings were:
•
the preferred option identified a solar park and associated cluster industries as
the most sustainable model for development, although the solar park element
was considered to be highly dependent on the availability of the feed-in tariffs
being made available by the Government at the time. If this option could be
progressed it was considered that this would help rebrand the site, making it a
more attractive location for more hi-tech employment development;
11
•
•
•
•
•
despite this, there was no clear and viable scheme based upon the options
looked at, particularly in the current economic climate. The area examined may
be seen in a different light once the economic conditions improve;
with their higher land values, retail development could provide a potential
opportunity for development of the site, although the potential for adverse retail
impact on Bolsover Town Centre would need to be guarded against;
mixed use employment and residential development would provide some
opportunities to ‘cross-fund’ employment development, although the lead in
time associated with site remediation would mean that any residential
development at the site would need to be seen as a longer term proposition;
further information was required on the likelihood and cost of site remediation.
As much upfront information as possible should be sought in order to satisfy
the Council that an effective remediation strategy is in place for any uses
proposed. This is a particularly pertinent issue for residential development
given the current lack of an appropriate remediation strategy for the delivery of
housing with gardens;
all forms of development should seek to maintain the area of arable land to the
west of Bolsover Business Park (the green wedge) and provide for structural
landscaping in order to mitigate adverse visual impact. This piece of land falls
outside of the former Coalite site and has been identified as the most sensitive
area in the view from Bolsover and the Castle, providing an important
continuation of the band of rolling agricultural land at the edge of the town.
3.8
These findings, together with the background to the site, the established adopted
policy position and the joint working on planning applications, have informed the
Council’s view that the most appropriate future use of the former Coalite Chemical
Works site is a continuation of the employment use. This view is considered to be
the most appropriate given the site’s good locational advantages as an employment
site given its proximity to Markham Vale and to Junction 29a of the M1. As a result,
this has been put forward in the Bolsover District Local Plan Strategy: Proposed
Submission.
3.9
In terms of delivery, it is recognised that the site’s viability is challenging - in large
part due to the need for any development to effectively remediate a highly
contaminated former chemical industrial site. It is considered that this situation is
borne out both in relation to Goodman International’s proposals for the
comprehensive industrial and distribution business park which were ultimately
withdrawn due to lack of certainty over the effectiveness of the remediation strategy
and the concerns over viability of the proposals, and from the GVA Grimley options
appraisal report which identifies that there was no clear and viable scheme based
upon the options looked at in the current economic climate. As a result, it is
considered that the site has the potential to make a useful contribution in the longer
term to employment provision in the town given that the short term requirement for
Bolsover Town is being met by Markham Vale. Again, from consideration of the
most likely strategy for bringing the site back into beneficial use, it is considered that
the site could form a long term addition to the Markham Vale Business Park,
particularly given part of the site already forms part of the Markham Vale approved
site, i.e. the part of the site in North East Derbyshire District. Again, this is reflected
in the supporting text to policy LP 21: Bolsover as contained in the Bolsover District
Local Plan Strategy: Proposed Submission.
12
3.10
As part of this evidence base work, the Council did also consider the merits of
residential development on the Bolsover parts of the Coalite sit, given this became
a possibility following the revocation of the Hazardous Substances Consents.
However, even putting to one side the higher remediation costs of clearing the
contamination to make residential development possible or the identified lower sale
rates for residential developments in brownfield or former industrial locations and
the impact of these on the development’s overall viability, the Council concluded
that residential development would not be suitable in overall sustainability terms
given that schools, shops and community facilities in the town, mostly uphill in the
town centre, would not be easily accessible from this location. This aspect is more
fully outlined in the Rationale for Strategic Site background paper which discusses
the relative merits of a number of sites considered for inclusion in the Local Plan
Strategy as a strategic housing site.
Bolsover District Local Plan Strategy: Proposed Submission (May 2013)
3.11
Based on the evidence base assessment (as summarised above), the Local Plan
Strategy outlines the case for continued employment use (see paragraph 10.4).
However, in light of the findings of the GVA Grimley options appraisal report, the
Local Plan Strategy also seeks to provide guidance as to the other uses that would
be acceptable on the site to provide a positive and encouraging policy position (see
paragraph 10.5). It is also worth noting that the Council recognise the major
contribution to job creation made by uses not classed as business uses, for
example retail, hotels, health or leisure uses (see paragraph 7.6).
3.12
This approach led to the allocation of the Former Coalite Strategic Employment
Allocation and the specific bullet point within policy LP 21: Bolsover, which states:
“On the former Coalite site, as defined in Figure 22, development for one or
more of the following uses will be encouraged: retail if relating to provision of
bulky goods comparison shopping in a large unit or units of over 4,000 sq
metres, business, industry, storage and distribution. Hotel and leisure uses may
also be appropriate. Any development must address any land contamination
issues, improve access to the site by foot and cycle, reduce flood risk, and
respect the setting of and views out from Bolsover Castle.”
3.13
It is considered that this represents a sound strategy based on the evidence
provided that should enable the decontamination / remediation of the former Coalite
Chemical Works site through its redevelopment in a form which delivers
regeneration and takes advantage of its location and context, whilst at the same
time protecting those built and natural environmental assets that will in the long
term contribute to the attractiveness of the site.
13
4) Comment on Representations
4.1
It is noted that a large number of representations have been received in relation to
the former Coalite Strategic Employment Allocation, including those supporting it
and those objecting to it. As part of this, the following issues have all been raised:
•
•
•
•
•
•
•
•
4.2
duty to cooperate;
development viability;
need to be a strategic site in its own right;
appropriate uses (employment, bulky goods retail and residential);
contamination remediation;
assessments on the impact of the proposals on both the historic and natural
environments;
overall housing numbers;
overall employment land provision.
Therefore, it is considered to be helpful to provide some comment on these matters
to aid examination of the Bolsover District Local Plan Strategy: Submission Version.
Duty to Cooperate
4.3
It is noted that the company promoting the redevelopment of the former Coalite
Chemical Works site have made representations on the Local Plan Strategy which
claim that the Council has failed in its Duty to Cooperate with North East Derbyshire
District Council.
4.4
The basis for this claim appears to be centred around the company’s desire for the
Council to revisit its strategy set out in the Bolsover District Local Plan Strategy:
Proposed Submission in order to begin the plan making process again to work with
North East Derbyshire District Council to allocate the former Coalite site as a mixed
use strategic site that can contribute to both economic development and housing.
4.5
The claim that the Council has failed in its Duty to Cooperate with North East
Derbyshire District Council is totally refuted.
4.6
This statement is based on the following grounds:
•
Bolsover District Council has worked constructively and continually with North
East Derbyshire District Council in relation to the former Coalite Chemical
Works site as is demonstrated by the relevant planning history (see above).
This shows that the two Councils have worked closely on planning applications
that fall solely in one authority’s area and jointly on those that straddle the
district boundary, clearly demonstrating cooperation on this issue.
•
Bolsover District Council has worked constructively and continually with North
East Derbyshire District Council in relation to establishing a policy framework
to guide future development on this site. The Bolsover District Local Plan
Strategy: Proposed Submission envisages this site as an employment site,
both now as part of Markham Vale and as a later expansion of this strategic
employment site. It is considered that this strategy is the soundest approach
given the former Coalite Chemical Works site’s heavily contaminated
14
condition, its current challenging viability and its much less sustainable
location. Furthermore, both Councils are working to this strategy.
4.7
This position clearly shows the Council has met its legal Duty to Cooperate with a
neighbouring Council over a cross-boundary planning issue.
4.8
It is also noted that North East Derbyshire District Council has not objected to the
Council’s Local Plan Strategy on these grounds or advised that it considers the
Council to have failed in this key test. In relation to the former Coalite site, North
East Derbyshire District Council has advised that any development proposals on
the former Coalite site would need to address the significant cross boundary issues
that any major development proposals in this location would raise. The Council
agrees with this statement and will continue its cooperation with North East
Derbyshire District Council to ensure that the significant cross boundary issues
raised by the company promoting development on this site are addressed.
4.9
Further information on the Council’s compliance with the Duty to Cooperate is set
out in the published Local Strategy Statement and Statement of Cooperation.
Development Viability
4.10
As set out earlier, the issue of development viability has been central to the
evidence supporting the Council’s strategy for the reclamation and redevelopment
of the former Coalite site.
4.11
It is noted that a number of respondents from within the development industry, often
with residential developments around Bolsover Town to promote, argue that the
former Coalite site’s challenging viability would mean that the appropriateness of
allocating residential development in that location would not meet the NPPF’s
requirement for sites to be deliverable and developable. It is considered that these
representations largely reflect the Council’s own evidence which identifies that a
residential allocation would not prove a sound approach.
4.12
It is noted that the company promoting the redevelopment of the site has made
representations on the Local Plan Strategy in relation to their proposal’s viability.
These representations state that they require a comprehensive development for
their proposal to be deliverable – it is noted that they seek to pursue a mixed use
employment and residential development on the former Coalite site plus on
greenfield land (the green wedge) to the south of the part of the former Coalite site
in North East Derbyshire District.
4.13
At this stage, information relating to their detailed viability assessment that will
underpin their statement about deliverability is yet to be received, although this will
need to be informed by the required contamination remediation statements and the
cost required to address this matter satisfactorily. It is expected that this will form
part of any pre-application submission.
4.14
However, the Council’s evidence base demonstrates that employment development
is the most appropriate use and that the site is more suited to being delivered later
in the plan period when both the economic situation has improved in accordance
with Government predictions and when the uncertainty about the cost of
remediation and its effect on development viability can be properly resolved.
15
Need to be a Strategic Site in its own right
4.15
It is noted that the company promoting the redevelopment of the site has made
representations on the Local Plan Strategy stating that the former Coalite Chemical
Works site should be identified as a strategic site in its own right.
4.16
Further to this, they state that that the Local Plan Strategy excludes half of the site
due to Local Authority boundaries and that unless the site is viewed
comprehensively it is not deliverable as it cannot be partially redeveloped in
isolation.
4.17
In relation to whether the former Coalite Chemical Works site should be identified
as a strategic site in its own right and the statement that the Council’s plan excludes
half of the site, it is noted that the Bolsover District Local Plan Strategy: Proposed
Submission – as the name suggests – plans for land within Bolsover District and
that it allocates the part within the District as a Strategic Employment Allocation. As
a result, the statement as set out by the company promoting the site is generally
refuted as being incorrect.
4.18
However, it is understood that they wish Bolsover District Council to work jointly
with North East Derbyshire District Council to jointly allocate their proposed mixed
use development proposal as a Strategic Site spanning the district boundary (as set
out in their ‘Proposed Strategy’ section of their submission).
4.19
In response to this, as stated above the Council has previously explored the
potential for a joint Area Action Plan for the Bolsover North West area with North
East Derbyshire District Council, the then owners of the former Coalite site and
adjacent land owners. However, at this stage, the owners of the former Coalite site
were not interested in taking this option forward, leading to Bolsover District Council
progressing with its plan making process without an actively engaged land owner.
As discussed above, this led to the Council developing its own evidence base to
establish the most appropriate use for the site, which for the avoidance of doubt
refers to the GVA Grimley options appraisal report. Given the pressing need for
Bolsover District Council to put in place a new Local Plan, it is noted that the timing
of the change of ownership of the former Coalite site unfortunately has meant that
the company’s proposals, which are clearly at an early stage and still in
development, could not be more central to the Council’s new Local Plan by way of a
joint strategic site as they now request.
4.20
Despite this situation, it is recognised that the Council has sought to provide a
positive policy framework supported by evidence to facilitate an appropriate form of
development that both effectively remediates a key contaminated site and is
supported by the established policy framework of the two authorities.
4.21
It is also noted that Strategic Allocations require substantial justification by way of
robust evidence to support their inclusion within local plan documents to prove that
they are deliverable, both in terms of financial viability and of the infrastructure
required to deliver them. At this stage, it is clear that this robust evidence does not
currently exist for the company’s proposals, meaning that even if both Bolsover
District Council and North East Derbyshire District Council were at the same stage
in the plan making process, which they are not, it would be unlikely that the
Councils could allocate the company’s proposals as a joint strategic site, or perhaps
16
more importantly sustain such an allocation during the Examination and the
rigorous interrogation it would be subject to. It is worth also noting that the evidence
gathered to determine the deliverability of the Council’s strategic allocations, both
the residential site at Bolsover North and the employment site at the former Coalite
site, has been developed over approximately three years and, as would be
expected, since the last iteration of the Council’s plan making process. Whilst the
length of time to prepare local plans is in some ways regrettably long, the need to
prepare an effective and deliverable plan based on robust evidence is clearly
stressed in the National Planning Policy Framework and so necessitates substantial
preparation and evidence gathering.
4.22
Therefore, whilst the company promoting the redevelopment of the site would like to
see Bolsover District Council allocate jointly a strategic site with North East
Derbyshire District Council along the lines of their developing proposals, it is
considered that at this stage there is more proven merit to the employment use
justified by the Council’s evidence and reflected in the Strategic Employment
Allocation included in the Local Plan Strategy. As a result, the suggestion of a joint
strategic site is not appropriate at this stage.
4.23
Despite this, it is again noted that the company’s proposals as they currently stand
for the part of the site in Bolsover District generally align with the Council’s Local
Plan Strategy, although the same cannot be said for the policy framework for North
East Derbyshire District. However, North East Derbyshire District Council is still
developing its spatial strategy and it is expected that the company will seek to
engage with their plan making process as well as this progresses. Therefore, whilst
the company’s timing has not enabled them to engage with the making of the
Bolsover District Local Plan Strategy, the same cannot be said for North East
Derbyshire District and so it is noted that the door is not closed to a joint strategic
site at some point in the future should this be considered appropriate and justifiable
by both Councils.
4.24
Finally, it is noted that the company promoting the redevelopment of the site argues
that the Council’s Local Plan Strategy should identify a minimum of two strategic
sites and that the plan should not be reliant on one strategic site or seek to
constrain other sites coming forward.
4.25
In relation to this statement, it is understood that the inclusion of strategic sites
within Local Plans and the number of strategic sites that are included remains at the
discretion of the local planning authority. Furthermore, it is understood that there is
no ‘minimum number’ required and that the purpose of strategic sites is principally
to support the delivery of strategic planning objectives and so be central to the
achievement of the strategy, and that this should inform the rationale for any
strategic allocation. In line with this, the Council has identified the need to boost the
supply of housing within the District as a strategic planning objective and the
rationale behind the selection of the Council’s one strategic housing allocation is set
out in the Rationale for Strategic Site supporting document.
4.26
Therefore, it is considered that the Council’s justification for its one strategic
housing allocation is sound and that the identification of appropriate non-strategic
housing allocations will formally commence once the Local Plan Strategy is adopted
and preparation of the Local Plan Allocations and Policies begins.
17
Appropriate Uses (employment)
4.27
It is noted that Derbyshire County Council has made a representation that agrees
with the Council’s approach to allocate the former Coalite Chemical Works site as a
strategic employment site. They advise that this principle approach is supported as
it is unlikely that Bolsover could support two large strategic housing allocations,
more than anything on viability grounds as any substantial scale housing on the site
could impact adversely on the delivery of the Bolsover North Strategic Allocation.
4.28
They add that whilst the early release of employment land at the former Coalite site
may have an impact upon the take-up of land at Markham Vale, it will provide more
opportunities and choice for businesses to develop locally and enhance job
creation. They conclude by saying that it is logical, therefore, that the Coalite site
should be identified primarily for employment use. This support from the promoter of
the Markham Vale development is considered particularly significant.
4.29
A representation has also been received from a planning agent acting on behalf of
Welbeck Estates, the owner of the Bolsover Business Park which is adjacent to the
southern part of the former Coalite Chemical Works site within Bolsover District.
This representation suggests that the Council should include their existing
employment site within the strategic employment allocation.
4.30
At this stage, given the strategic employment allocation would represent additional
employment land and that the Bolsover Business Park provides existing
employment premises for the Bolsover Town, it is not considered appropriate or
necessary to include it within the strategic employment allocation. However, should
proposals come forward for employment use on the former Coalite site that involved
the redevelopment of the Bolsover Business Park, the merits of these would be
considered during the determination of the relevant planning application.
4.31
It is also noted that a planning agent representing a house builder with a
development interest elsewhere in Bolsover Town has made a representation
seeking to limit the future use of the former Coalite site to employment uses. Whilst
the motivation for this representation may be to restrict competition to its potential
residential development site, the support for employment use is noted. It is also
worth reiterating that residential development at the former Coalite Chemical Works
site is not desirable in sustainability terms, given its distance from the town centre
and services, not to mention the higher costs of remediating the site for residential
development, and the lower sales rates expected and the consequences for the
site’s ability to contribute to any necessary infrastructure provision.
Appropriate Uses (bulky goods retail)
4.32
It is noted that Derbyshire County Council, Chesterfield Borough Council and North
East Derbyshire District Council have made representations in relation to policy LP
21. This policy states that retail provision of bulky goods comparison shopping in a
large unit or units of 'over 4,000 sq. m.' would be acceptable and encouraged on the
former Coalite site.
4.33
It is noted that their representations advise that the above element of the policy is
contrary to the Bolsover Retail Capacity Assessment. The Assessment described
provision for comparison goods shopping in the District as being ‘very low’ and
18
identified the Bolsover area as well suited to benefit from additional comparison
shopping. However, it only indicated up to an additional 3,300 sq. m. net
comparison floorspace over the Plan period.
4.34
In relation to this, the Council’s approach to providing the additional retail
development that the Assessment states is required to claw back some ‘out of
district leakage’ is to support retail growth in the District’s town centres firstly and
then the five main village local centres. However, in recognition that the modest size
of the town centres in the District makes it difficult to find new large sites within the
town centres and in edge-of-centre locations, it is clear that out-of-centre locations
may be required. In these cases, the Council will require retail impact assessments
to be carried out for proposals which include over 500 sq. m. of gross retail
floorspace to ensure that the vitality and viability of existing centres, both within the
District and in neighbouring authorities, are not harmed.
4.35
In view of this situation, together with the evidence that advises that retail is one of
the potential uses that has sufficiently high sales values to be viable on the former
Coalite Chemical Works site, the Council had decided to provide encouragement for
provision of bulky goods comparison shopping in a large unit or units of 'over 4,000
sq. m.' on the site. This would make Bolsover Town the principal location within the
District for a large retail proposal, such as a DIY or a furniture store, which is
considered to be appropriate and consistent given that Bolsover Town is the
Council’s principal location for growth.
4.36
The purpose of the minimum figure of 4,000 sq. m. was due to the fact that there
may be other sequentially preferable sites for smaller units of provision, whereas
the former Coalite site appears to a suitable candidate in the Bolsover area for a
larger unit. However, in view of the representations objecting to the 4,000 sq.m.
figure not being supported by the Council’s evidence and proposed modifications
within the retail section of the plan, it is considered appropriate to amend the
supporting text and policy for the former Coalite site to remove the reference
completely.
Appropriate Uses (residential)
4.37
It is noted that the company promoting the redevelopment of the former Coalite
Chemical Works site has made representations on the Local Plan Strategy which
claim that the Council should work jointly with North East Derbyshire District Council
to assist the company to bring forward its proposals for a mixed use employment
and residential development.
4.38
This mixed use development, which based on their initial masterplan as provided to
the two Councils, would see employment on the parts of the site in Bolsover District
and some residential on the part in North East Derbyshire District, together with
residential development on the greenfield land to the south of the North East
Derbyshire part.
4.39
This comprehensive proposal is only at an early stage in terms of the information
provided to the Councils but already it raises a number of cross-boundary strategic
issues.
19
4.40
Within North East Derbyshire District Council’s adopted planning policy, the former
Coalite site is an employment allocation in the countryside and is not attached or
near any of North East Derbyshire District’s settlements. The latest consultation on
the emerging North East Derbyshire new Local Plan (August / September 2012)
does not indicate a change to its proposed spatial strategy and therefore it is
expected that the Council will continue to pursue employment uses on the former
Coalite site. Should this situation change, under the terms of the Local Strategy
Statement and the Duty to Cooperate, North East Derbyshire District Council would
be expected to raise this with Bolsover District Council at the earliest opportunity.
4.41
In the event that North East Derbyshire District Council did wish to pursue an
alternative strategy, it is clear that cross boundary issues such as infrastructure
provision and contribution to housing delivery would need to be fully resolved before
the determination of any applications.
Contamination remediation
4.42
It is noted that North East Derbyshire District Council has made a representation
that advises that any development proposals on the former Coalite site would need
to address the known contamination issues. The Council agrees with this
statement, in particular given that Goodman International’s comprehensive
proposals for the creation of an industrial and distribution park ultimately were
withdrawn due to the applicant’s inability to demonstrate that they fully understood
the scale of the contamination on the site and how they would address it. As a
result, the Council will continue its cooperation with North East Derbyshire District
Council to ensure that the contamination issues are addressed.
4.43
In relation to this, it is noted that the company promoting the redevelopment of the
former Coalite Chemical Works site has acknowledged that the site is severely
contaminated in their representations on the Local Plan Strategy. Therefore, it is
assumed that any application submitted to the two Councils in relation to their initial
masterplan proposals will fully address this key issue.
Impact on the historic environment
4.44
It is noted that English Heritage has made several representations in relation to the
Council’s approach to the former Coalite Chemical Works site and in particular to
the potential for any development on the site to have a negative impact on the
setting of the Grade I listed Bolsover Castle. In these representations, English
Heritage state that they consider the Bolsover District Local Plan Strategy:
Proposed Submission to be unsound due to it not being effective nor being in
accordance with the NPPF in relation to its approach to heritage assets.
4.45
Despite this view, the Council recognise the potential for any development on the
former Coalite site to have a negative impact on the setting of the Castle. For this
reason, the impact on the setting of the Castle formed a key consideration in the
determination of the planning applications listed above and in the plan making
process. It is considered that this is reflected in the Bolsover District Local Plan
Strategy: Proposed Submission and particularly in policies LP 16: Principles for the
Historic Environment and in LP 21: Bolsover.
20
4.46
This position is based on a clear understanding of the Castle’s extensive visual and
historic setting, both due to its location on a promontory within the magnesian
limestone escarpment and the purpose of its design as a house to ‘see and be
seen’. This understanding is also informed by the English Heritage commissioned
Conservation Plan for Bolsover Castle (October 2012), which it is noted identifies
the risk from over-development on the former Coalite site upon the setting of the
Castle.
4.47
It is also noted that English Heritage has made representations about whether the
former Coalite site is considered to be a Strategic Allocation, requesting a standalone policy for the former Coalite site, the phrase “respect the setting of and views
out from Bolsover Castle”, and that the policy should require a design framework to
manage and minimise the impact on the setting of the Castle. This fourth point
reflects that a design framework was established for the Markham Vale
development and that the former Coalite site is in much closer proximity to Bolsover
Castle and thus could have a much greater impact on the setting of the Castle.
4.48
Whilst the Council considers the approach set out in the Bolsover District Local Plan
Strategy: Proposed Submission to be sound and consistent with the NPPF, the
concerns of English Heritage about this issue are noted. On a wider note, it is
recognised that throughout the plan a number of respondents have made
representations stating the links to the evidence base are not as clear as they could
be.
4.49
Therefore, whilst there was not as pressing a need for an agreed masterplan to
guide development of the site given the large supply of employment land, as
opposed to the situation in relation to residential land, the Council is willing to
explore the creation of a new, stand-alone policy for the former Coalite Chemical
Works site that provides greater clarity over the strategic nature of the employment
allocation and makes greater reference to the evidence that has informed the
Council’s policy approach.
Impact on the natural environment
4.50
It is noted that the Derbyshire Wildlife Trust has made a representation in relation to
the impact of the former Coalite Chemical Works site on the natural environment.
This representation requests that the final sentence of the bullet point should be
amended to include:
".....reduce flood risk, develop a green corridor alongside the River Doe Lea
ensuring habitat connectivity and maximise opportunities for biodiversity
enhancements, and…."
4.51
The Council would consider any application against the other policies in the Local
Plan Strategy and those surviving policies of the Bolsover District Local Plan (2000)
and this would mean that biodiversity issues would be properly considered.
However, in light of the proposed creation of a new, stand-alone policy for the
former Coalite Chemical Works site it is considered appropriate to include this point
within such a policy.
21
Overall Housing Numbers
4.52
It is noted that the company promoting the redevelopment of the site has made
representations on the Local Plan Strategy in relation to the overall district housing
targets. These representations largely relate to arguing for a higher target.
4.53
Whilst not directly relevant to the former Coalite site given that the Council is
planning for employment use on the site, the Council’s housing targets are justified
by the evidence and further information on this is set out in the Housing Position
Paper. As a result, the need to increase the housing target as set out in their
‘Proposed Strategy’ section of their submission is disputed.
Overall Employment Land Provision
4.54
It is noted that the company promoting the redevelopment of the site has made
representations on the Local Plan Strategy in relation to methodology taken to
formulate the employment land and the evidence supporting this approach,
suggesting that the allocation of the former Coalite site for employment use is
based on a need to ‘fill the void’.
4.55
Based on the discussion of development viability and appropriate uses, it is clear
that employment use is the most deliverable and appropriate use for the former
Coalite site irrespective of any planned target for employment growth in the District.
However, it is worth stating here that the Council’s employment land provision
requirements are justified by the evidence and further information on this is set out
in the Employment Topic Paper as referenced in Chapter 4: Spatial Strategy and
Chapter 7: Working Communities of the Local Plan Strategy. As a result, the need
to undertake a new Employment Land Review as set out in their ‘Proposed
Strategy’ section of their submission is disputed and such a piece of work is
considered unnecessary.
22
5) Suggested Way Forward
5.1
In relation to the former Coalite Chemical Works, the Bolsover District Local Plan
Strategy: Proposed Submission currently advises:
10.4
The north western edge of Bolsover is dominated by the former
Coalite works. Consideration has been given to the most appropriate
future use of this site and has concluded that continuation of
employment uses would be most appropriate. The site has good
locational advantages as an employment site given its proximity to
the Markham Vale Business Park and to Junction 29a of the M1.
Residential use would not be suitable as schools, shops and
community facilities in Bolsover Town would not be easily accessible
from this location. It is considered that the site has potential to make
a useful contribution in the longer term to employment provision. It
would make a useful addition to the employment base, particularly for
Bolsover although it is not an essential short term requirement given
the proximity of the Markham Vale Business Park and Enterprise
Zone to the town. Indeed the site could form a useful long term
addition to the Markham Vale Business Park.
10.5
Accordingly although a policy in the existing Local Plan gives
protection of the site for employment uses, it is considered that it
would be useful to provide more guidance as to the uses that would
be acceptable on the former Coalite site. The contents of the policy
below set out potential uses. It is accepted that in view of the
contamination issues present on the site, employment densities may
be low and that low cost low intensity uses may be the most effective
way of bringing the site back into beneficial use.
And policy LP 21 final bullet point advises:
•
On the former Coalite site, as defined in Figure 22, development for
one or more of the following uses will be encouraged: retail if relating
to provision of bulky goods comparison shopping in a large unit or
units of over 4,000 sq metres, business, industry, storage and
distribution. Hotel and leisure uses may also be appropriate. Any
development must address any land contamination issues, improve
access to the site by foot and cycle, reduce flood risk, and respect
the setting of and views out from Bolsover Castle.
5.2
In light of the representations above, in particular those from English Heritage,
Bolsover Land Limited and Chesterfield Borough Council, it is considered
appropriate to amend the supporting text and to create a specific policy for the
former Coalite site from the text of policy LP 21: Bolsover in order to provide a
clearer statement about the Strategic Employment Allocation at the former Coalite
Chemical Works, with revisions to Figure 22 to show the part of the former site
situated in North East Derbyshire.
5.3
The following amendments to the supporting text and policy in Chapter 10 are put
forward as a possible response to the issues raised, should this be considered
appropriate by the Planning Inspector following the Hearing.
23
BOLSOVER: STRATEGIC EMPLOYMENT ALLOCATION
10.A
As stated earlier in the plan, the former Coalite Chemical Works site
represents one of the few remaining large areas of post industrial land in the
District. As a result, the Local Plan looks to find acceptable positive uses for
the site that will remediate the contamination associated with its former
chemical works use.
10.B
To take this forward, detailed analysis of the potential future uses for the
site, including the part of the site in North East Derbyshire District, has been
carried out by the Council. This work has established that in the current
economic climate future uses will all face difficulties in terms of viability, in
particular due to the current uncertainty over the extent of the contamination
and thus the cost of remediation. However, this work has concluded that
continuation of employment uses would be most appropriate, given that the
site has good locational advantages as an employment site with its
proximity to the Markham Vale Business Park and to Junction 29a of the
M1. It is considered that certain types of retail uses could contribute to a
wide range of employment uses on the site, which given their higher land
values would aid the viability of any redevelopment proposal. It would be
important to ensure that any retail uses on the site would complement,
rather than compete, with Bolsover town centre. Bulky goods retail (e.g.
D.I.Y., Furniture, Carpets, Electrical Goods) tend to be uses that require
larger space requirements for display and storage, which cannot always be
accommodated within smaller town centres. Whilst the Council would prefer
such uses to locate within Bolsover town centre, it is recognised that there
are unlikely to be any preferable sequential sites of sufficient size for bulky
goods retail either within the town centre or in edge of centre locations. The
former Coalite site is likely to offer an appropriate out of town location for
such uses, although any proposal for such retail uses on the site would
need to be in line with the requirements of policy LP 10 and the evidence
provided in the Retail Needs Assessment. Residential use would not be
suitable as schools, shops and community facilities in Bolsover Town would
not be easily accessible from this location.
10.C
In view of the committed employment land at the Markham Vale Business
Park and Enterprise Zone, parts of which are available for development
now, together with the current challenging viability situation for the former
Coalite site, it is considered that the site has potential to make a useful
contribution in the longer term to employment provision. Indeed, given that
part of the former Coalite site in North East Derbyshire District is part of the
approved Markham Vale Business Park and has seen both a County
Council Household Waste Recycling Centre and a scaffolding business
locate there, it is considered that the part in Bolsover District could form a
useful long term addition to the Markham Vale Business Park once this has
been substantially delivered.
10.D
This strategy of pursuing employment use on the former Coalite Chemical
Works site reflects the established policy within both Bolsover and North
East Derbyshire District Council’s adopted Local Plans.
24
10.E
In addition to the challenges posed by the contamination of the former
Coalite site, the site is also situated within the Rother and Doe Lea Valleys
Area Living Landscape Scheme and within the setting of the Grade I listed
Bolsover Castle. The Living Landscape Scheme is one of Derbyshire
Wildlife Trust’s priority work areas, which seeks to restore, buffer and link
existing habitats in the Rother and Doe Lea Valleys to create larger habitat
areas and functional links between them. Bolsover Castle is managed by
English Heritage and its Conservation Plan for the castle identifies the risk
from over-development on the former Coalite site upon the setting of the
Castle. As a result, any redevelopment proposals will need to comply with
the Local Plan’s policies for natural and historic heritage to achieve an
appropriate development. Utilising and extending the Design Framework
approach employed as part of the Markham Vale development should
ensure this is achieved.
10.F
The Council is aware that the ownership of the former Coalite Chemical
Works site changed in 2012 and that the new owners are preparing
proposals for a comprehensive mixed use redevelopment of the site. The
Council will seek to work with both the owners of the site and North East
Derbyshire District Council and it is expected that the formation of the
proposals will be guided by the policy set out below.
POLICY LP 21A: STRATEGIC EMPLOYMENT ALLOCATION: FORMER
COALITE CHEMICAL WORKS, BOLSOVER
On the former Coalite site, as defined in Figure 22, development for
one or more of the following uses will be encouraged:
•
•
•
•
•
business;
industry;
storage and distribution;
bulky goods retail of an appropriate scale supported by a Retail
Impact Assessment;
hotel and leisure uses may also be appropriate.
Any development must:
•
•
•
•
•
•
be in accordance with an overall masterplan for the site
approved by the District Council;
address any land contamination issues;
improve access to the site by foot and cycle;
reduce flood risk;
develop a green corridor alongside the River Doe Lea ensuring
habitat connectivity and maximise opportunities for biodiversity
enhancements;
be designed to sit within Bolsover Castle’s wider setting without
having a harmful impact on the Castle’s significance.
25
Figure 22: Strategic Employment Allocation - Former Coalite Chemical Works site
Area in North East Derbyshire District to be shaded out for submission version
5.4
It is noted that the above amendments will necessitate a series of related
modifications to policy LP 8: General Principles for Economic Development and
paragraphs 10.4 and 10.5 and policy LP 21: Bolsover. These are set out in more
detail within the Schedule of Proposed Modifications document.
26