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DEVELOPMENT CONTROL COMMITTEE 5 DECEMBER 2007

DIRECTORATE OF COMMUNITY AND ENVIRONMENT

REPORT NO.PLN0758SECTION C

The information, recommendations and advice contained in this report are correct as at the date of preparation, which is more than two weeks in advance of the Committee meeting. Because of these time constraints some reports may have been prepared in advance of the final date given for consultee responses or neighbour comment. Any changes or necessary updates to the report will be made orally at the Committee meeting.

APPLICATION NO. 07/00791/COU DATE REGISTERED 31 October 2007 EXPIRY OF CONSULTATIONS

26 November 2007

PROPOSAL Change of use of office and land to rear of Hercules Way to provide a multi-purpose driving/motorbike rider testing centre with associated parking, boundary treatment and landscaping

LOCATION Unit C1 Cirrus 35 Hercules Way and land to rear of Hercules Way, Farnborough.

WARD St Marks APPLICANT Driving Standards Agency AGENT Lambert Smith Hampton RECOMMENDATION GRANT subject to the referral to the Secretary of State.

DESCRIPTION The site is located on the east side of Hercules Way. It currently comprises one half of a two storey building, which has been vacant since completion with allocated car parking to the front and concrete/tarmac taxiways with small overgrown areas to the rear. Farnborough Airport is located to the north with further aircraft taxiways to the east. To the west there is a recently completed two storey industrial/commercial development which has access onto/from Hercules Way via Aerospace Boulevard. The site has an area of just over 0.8 hectares. The site is part of what was formerly the Civil Enclave site. In October 2005 outline planning permission was granted for demolition and redevelopment to provide up to 32,515 sqm of Class use B1 floorspace and associated access, internal roads and landscaping (showing details of phase 1), 05/00426/OUT. Phase 1 has now been completed. On 3 April 2007 reserved matters pursuant to the outline permission were approved for Phase 2 namely the construction of two two storey buildings comprising 4 Hi/Tec office units (Use Classes B1a and B1c), 07/00141/REM . This phase of development is located between No.35 Hercules Way and Aerospace Boulevard with the buildings fronting Hercules Way. The layout has 3 access points onto Hercules Way leading to three car parking areas. These access points allow for future access into the land to east which includes part of the current application site.

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In July 2007 an application was withdrawn for a similar form of development on a slightly smaller application site, 07/00363/COU refers. This application was also subject to a screening opinion under the Environmental Impact Assessment Regulations. It was determined that there was no formal requirement for a submission under the EIA regulations was needed, 07/00372/SCREEN refers. The proposal seeks permission for the change of use of the office building at No.35 Hercules Way into a driving/motorbike rider testing centre office. A motorcycle garage (3.1m x 3.1m x 2.7m) and cone store (2m x 2.05m x 2.025m) are proposed adjacent to the building. Pedestrian access is also to be formed into the parking and testing areas to the rear. The land to the rear is to be resurfaced to form a motorcycle manoeuvring area (125m x 40m) to enable testing in accordance with the European Community Directive 2000/56/EC and associated changes to the driving test for motorbike riders. This area is to be enclosed by a 2.4m high mesh fence except where the site has a common boundary with the airfield where the existing 3m high fence is to be retained. It is proposed to use the middle vehicular access point approved under 07/00141/REM to provide access into the motor bike testing area and also to a car parking area with 20 car spaces (2 examiners and 18 customers) and 8 motorcycles spaces). 10 further examiner spaces are provided in front of No..35 Hercules Way. Extensive tree and shrub planting is proposed along the eastern and southern boundaries and also along part of the western boundary behind the units approved as Phase 2. DSA test centres are available for testing between the hours of 0730 and 1930 Monday to Sunday. However these are the maximum opening hours and the majority of testing occurs between 0830 and 1630 principally on weekdays only. The motor cycle testing area will not be floodlit and use of this area will therefore be more limited during the winter months. Only a very small number of candidates are tested each year outside the standard 8 hour operational window. On a normal working day, each motorcycle examiner will carry out 6 tests per day based on the proposed operating hours, whilst each car examiner will carry out between 7 tests per day. Working to the maximum capacity this will result in a maximum 60 tests per day during the summer quarter and around 50 tests per day during the winter months. The applicant has also confirmed that the centre would not be open during the week of the Farnborough Airshow. If this proposal is successful, the current testing centre off Hawley Lane will close. The existing test centres in Basingstoke and Guildford would remain open, but for car testing only, with motorcycle testing being transferred to the Farnborough Test Centre. In November 2007 the Council formally confirmed that the proposed development is not Environmental Impact Assessment (EIA) development within the meaning of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. This was on the basis that it was concluded the proposed development would not be likely to have significant effects on the environment by virtue of factors such as its nature, size or location, 07/00834/SCREEN refers. The application is supported by transport and noise assessments and a site identification statement for the Farnborough and Guildford areas.

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CONSULTEES RESPONSES TAG No objection. Head Of Environmental Health Services

No objection subject to informatives.

Planning Policy Team No objection. Highways Officer No objection. NEIGHBOURS NOTIFIED 58 individual letters of notification were sent out to premises in Hercules Way, Aerospace Boulevard, Lakeside Road, Gladiator Way and Defiant Road. Letters were also sent to 77-79 Alexandra Road, Farnborough; 100 Cannon Street, London; Oakview House, Station Road, Hook; BAE Systems; SEGRO; and Inland Homes Ltd. NEIGHBOUR COMMENTS

17 Hercules Way Objection : on the grounds that it does not reflect the

outline planning permission or the type of development which was envisaged. It does not accord with Planning Policy Guidance Notes 4 and 13; the disproportionate number of inexperienced drivers will be detrimental to the safety of students at the Wavell School; the traffic movements associated with the development will have an unacceptable impact on pedestrian safety within Hercules Way and Aerospace Boulevard; the proposal will have a serious impact on further business occupancy in the Aeropark and future development; existing owners had to agree to restrictive parking spaces and the proposal conflicts with this; noise nuisance; Hercules Way and Aerospace Boulevard are private roads with rights of way granted for business users and visitors only and was not designed for learner drivers; the development would bring unwanted public traffic into the area; the development would encourage the wrong type of businesses into the area such as motor mechanics and car related repairs which would be inappropriate with limited parking being an issue; as the Aeropark is not fully occupied objection will be limited; the proposal is an attempt by the developer to sell some of their land for cash generation; impact on the SBAC Farnborough Air Show; it has been sited here because of strong opposition in other locations; and the proposal does not comply with the Council's requirement for job creation/space ratio. An extension of the consultation period is requested to enable further representations to be made.

18 Hercules Way Objection : for the same reasons as set out above.

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21 Hercules Way Objection on traffic grounds: use of the area by learner

drivers for practice out of hours which will adversely affect security in the area; the Aerospace Centre and Aeropark are not a suitable environment for a test centre; impact on pedestrian safety; and the proposal will potentially disrupt delivery and business access in the area.

29 Hercules Way Objection : The proposal makes the site less attractive

to occupiers; the test track will be noisy, and unlike the airport, noise nuisance will be continuous during office hours; the use/impact of having only one access route into the business park; and potential impact on car parking within the Aeropark.

Property and Environmental Services, Hertford House

Objection : Additional traffic in combination with traffic generated by existing and proposed users of the Aerospace Centre/Aeropark; impact on pedestrians as there are no formal crossing points; possible conflict with traffic associated with the Farnborough Airshow; and the number of tests and associated traffic will only further compromise the safety of users of the Farnborough Aerospace Centre.

Unit 11 Nimbus, Hercules Way Strong objection to the proposed motorcycle test centre

on the grounds that: it is in contravention of PPG4 Industrial and Commercial Development and Small Firms Sections 10&11; PPG13 Transport Sections 48.1, 49,51.7, 66.1 to 66.4, 76.6 and 77.4. The purchase of the units was conducted on the basis that the development was sold as a prestigious development for office and high tech light industrial units. As part of the aerospace park, it represents a very strong business statement to customers and the surrounding area, which is not conducive to multiple traffic movements at a test centre. The purchase of their unit was on the basis that phase 2 of the development was to be B1 type offices and many occupiers would not have even considered purchasing such a unit in the knowledge of a test centre positioned immediately opposite; conflict with the Highways Agency's utterly strict rules on the number of cars/employees allowed per unit; parking restrictions; impact on the local area; traffic flow and so on. Objection is also raised in terms of a test centre being located in the middle of a prestigious commercial development, which will exceed all levels of permitted traffic. They advise that the estate has a constant flow of heavy goods vehicles, which simply will not mix with inexperienced learner riders, who inevitably will be

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using the roads, which are private, and not for public use. The expected flow of 259 - 350 vehicle movements per day, represents a serious safety issue which will be fought very hard from all of the local business owners. The sheer number of vehicles and movements will make a total mockery of the rules and regulations relating to highway safety. The proposal is an attempt by the developer to sell some of their land for cash generation. An extension of the consultation period is requested to enable further representations to be made.

Genesis Yamaha Strong Support for the application : if the application

does not go through it would cause a major problem to anyone from the area wanting to take their test. It is believed that the nearest test centres would be West London or Newbury, both of which are so far away it would make it impractical for anyone to travel that far for their training and test.

Chester House, Farnborough Aerospace Centre

Objection.

POLICY AND DETERMINING ISSUES The site is located within the built up area of Farnborough known as the Civil Enclave. Policies FA2 (Business Aerodrome Operational Area), FA2.5(i) (Alternative land uses in the Business Aerodrome Operational Area, ENV17 (Development on smaller sites and change of use), ENV 19 (Landscaping Requirements), ENV 21/22 (Facilities for the disabled), ENV48 (Environmental Pollution and Noise) and TR8 (Transport and Development) in the Rushmoor Local Plan Review 1996-2011 are relevant to the consideration of this proposal. Planning Policy Guidance Note 13 on Transport is also relevant. The main determining issues are (i) the principle of development; (ii) visual impact; (iii) impact on adjoining occupiers; and (iv) highway matters COMMENTARY 1. The principle of development - The applicant has provided background information in support of this proposal. It advises that:- "The provision of MPTCs is a response to the need for Great Britain to comply with European legislation coming into force in October 2008, intended to improve the standard of road safety for motorcycle and moped riders. This requires new ridden and braking manoeuvres being carried out and in view of the various safety implications, it has been determined that these should be done off the public road. It is therefore necessary to provide off-road facilities, comprising a hard surface area and an adjoining building with waiting facilities and

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office space. The new European standards for motorcycle driving tests require different manoeuvres. One manoeuvre is at slow speed including a slalom, one is at the speed of 30 km per hour (18.7 miles per hour) using 2nd or 3rd gear and one is at a speed of 50 km per hour (31.25 miles per hour). The higher speed emergency braking procedure means that a motorcycle will need a minimum of 23 metres to stop in good weather conditions. The test is conducted in such a way that candidates attend at the centre and proceed to demonstrate the required manoeuvres on a manoeuvring area. Only if they carry out these procedures to the satisfaction of the examiner are they then allowed to proceed to the next stage of the test, which is carried out on the highway." It is evident from this that the provision of a testing centre has unique functional and operational requirements. Given this it is appropriate to consider the locations considered for a testing facility. The applicant has advised that its service delivery standard requires testing centres to be no more than 45 minutes drive time away from the majority of persons wishing to take the motorcycle test. The application is supported by a Site identification Statement for the catchment area of Farnborough and Guildford. The statement identifies the site identification criteria and provides information on the site search methodology. Advertising in Estates Gazette in six issues between July 2004 and May 2007, direct mail shots to commercial property agents took place in January 2005, May 2006 and October 2006, telephone canvassing, advertisements in test centres, press releases, use of local knowledge through the driving examiners, assessment of Local Plans and contact with local authority planning departments were undertaken. The only sites identified as being suitable for the proposed testing centre as a result of this process were at Burnt Common, Ripley, Guildford; and IQ Farnborough (formerly Farnborough Business Park), Farnborough. An application under circular 18/84 was submitted to Guildford Borough Council for the Burnt Common site. The Council raised objection to the proposal on grounds of increase traffic movements with particular reference to the London Road/Woodhill/A3 slip road and traffic exiting the A3; it would lead to greater reliance upon private motor car use than an established site within an established settlement, contrary to the aims of Government advice in PPG13; it would be contrary to Green Belt policy, as no noise assessment was submitted and potential nuisance to adjoining residential occupiers. Land at IQ Farnborough was also identified as being suitable for this facility. However SEGRO did not wish to incorporate this type of facility within their business park. Having regard to the above, it is considered that the applicant has demonstrated that there are no other suitable sites in the catchment area. The next issue to address is whether the principle of a testing centre is acceptable in the proposed location. Policy FA2 of the Rushmoor Local Plan Review 1996-2011 identifies the site as being the Business Aerodrome Operational Area within the built up area of Farnborough. However as TAG developed new airport facilities on the northern side of the airfield, this area was released for development. Policy FA2.5(i) identifies this land (known as the Civil Enclave) as being suitable for business use (Use Class B1). Following the TAG development outline planning permission for 32,515 sq m of B1 floorspace on this site was

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granted in 2005 with Phase 1 being completed and permission granted for Phase 2. The proposal will result in just over 0.8 hectares of the site not being redeveloped in line with the outline permission. The Local Plan does not specifically resist the loss of employment land and the applicant has provided details of other land available in the area for B1 employment use. Given the remainder of the Civil Enclave site which would be available for development in line with the outline permission and the availability of other land in the vicinity for employment development, and having regard to the above factors, is its considered that the proposed development is acceptable in principle. The proposed development is a sui generis use. Having regard to the requirements of Policy FA2.5(i), it is necessary to refer the application to the Secretary of State under the Town and Country Planning (Development Plans and Consultation)(Departures) Directions 1999. 2. Visual impact - As existing there is established tree and shrub planting along Aerospace Boulevard with a grassed verge and trees along the Hercules Way frontage. The building is recently built and reflects the remainder of the Phase 1 development. The former taxiways are not open to general view, except from the airfield, being screened by existing buildings or landscaping. The development will result in a formalised area of hard surfacing which will benefit from extensive new landscaping to the south and east boundaries. This is considered to screen this area from general view and complement the landscape objectives for the rest of the Aeropark. It is considered that the proposal is acceptable in visual amenity terms. 3. The impact on adjoining occupiers - Whilst there are no residential properties in the vicinity of the site, there are commercial occupiers of the Aeropark. The opening hours for the proposed test centre are as set out above. Whilst the pattern of use will be through the day, it is considered that, given the overall traffic generation within the Aeropark, these operating hours and pattern of use would not be prejudicial to the amenities of the occupiers of the Aeropark. With regard to the noise impact on these occupiers, the applicant has advised that: "The way that the test is carried out is referred to above and only involves relatively low speed manoeuvres (up to 50 kph – 31 mph) and most tests are carried out on smaller machines rather than the larger noisier machines. No car testing will take place on site and only one motorcyclist would be tested at any one time. The use of the site for the purposes other than motorcycle testing (in accordance with the test requirements) would not be sanctioned by the DSA and the testing of two stroke motorcycles would in reality be a very rare occurrence." A bespoke noise assessment has been submitted with this application. It concludes that existing noise levels from the aircraft using Farnborough Airport exceed the guidance noise level from BS 8233 at the nearest offices to the site. The predicted noise levels from the test centre would be lower than these values and the noise from the motorcycles is likely to be masked by that from the aircraft. However it is noted that the pattern of aircraft movements and testing will not always coincide and that there will be noise generated from the site which will not be masked by aircraft noise. However the Head of Environmental Services is satisfied that the development will not give rise to a significant noise nuisance. Given the

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above, the noise impact on adjoining occupiers is considered to be acceptable. Vehicles using the centre will comply with Government emission levels. Given the proximity of the airport and other vehicles travelling into and out of the Aeropark, the Head of Environmental Service does not raise objection to the proposal on air quality grounds. 4. Highway matters - A Transport Assessment has been submitted with this application which considers the likely trip generation associated with the proposed development and the likely impact of the development on the surrounding road network based on existing levels of traffic generated by the existing Farnborough, Guilford and Basingstoke Test Centres. It also discusses the availability of other modes of transport. It concludes that the level of traffic generated by the use would have a very limited impact on the capacity of the Queens Roundabout (junction of the A325/Government House Road) and that the site is accessible by other modes of transport, although it is noted that the purpose of the testing centre is to assess competence in driving/riding a vehicle which the candidate provides. The roundabout would continue to operate well within existing capacity and it is considered that traffic generated by the proposed use would be generally outside peak travel periods. Concerns have been raised about the impact of learner drivers using roads in the vicinity of Aerospace Boulevard (in terms of the impact of those vehicle movements on the ambiance of the business park). The applicant advises that:- "There is no highway/transportation evidence that precludes the use of the site as a MPTC. Learner drivers/motorcyclists should be viewed no differently to qualified road users. Learning to drive/ride a motorcycle is a fact of life and one should accept that learners need to practice on local roads and be tested in accordance with statutory guidelines. The crucial issue is whether the roads have sufficient capacity to accommodate traffic generated by the proposed use. The benefit of the proposed Driving Standards Agency’s use (compared to business uses) is that the level of traffic generated by the use would take place throughout the day, rather than at peak hours (when highway capacity might be more of an issue). Furthermore, it is clear that the use would attract light vehicles (cars and motorcycles) rather than heavy goods traffic. As part of the consideration of sites, the Standards and Regulation Branch of the DSA assesses each site and the routes that would be available. They would not recommend a site which would lead to routes where adverse conditions would be caused by the activities of learner drivers. It should also be remembered that learner drivers need to experience real life situations in order to equip themselves to be able to drive safely on modern roads. The Driving Standards Agency is content with the road conditions in the vicinity of the application site and especially the Queens Roundabout junction." The Council’s Transportation Strategy Officer is satisfied that the proposal will not have an unacceptable impact on the highway network and provides an acceptable level of car parking to serve the development There are no permanent pedestrian crossings within the Aeropark, although there are temporary humps which act as crossings to direct pedestrians to a crossing place. Given the existing traffic movements associated with the Aeropark, the proposal is not considered likely to give rise to conditions prejudicial to pedestrian safety.

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With regard to potential traffic issues associated with the Farnborough Airshow and candidates taking their tests, the DSA has advised that it the centre would be closed for testing during the week of the Farnborough Air Show. This can be secured by condition. It is therefore considered that the proposal would not prejudice the objectives of the Rushmoor Local Plan Review 1996-2011 to encourage and guide development within the Borough and would be acceptable in amenity and highway safety terms. FULL RECOMMENDATION It is recommended that, SUBJECT to the referral of the application to the Secretary of State under the Town and Country Planning (Development Plans and Consultation) (Departures) Directions 1999, the Head of Planning, in consultation with the Chairman, be authorised to GRANT planning permission subject to the conditions and informative set out below. 1 The development hereby permitted shall be begun before the expiration of 3 years

from the date on which permission was granted. Reason - To comply with Section 91 of the Town and Country Planning Act 1990 as

amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2 No storage of equipment shall take place other than within the building or the storage

facilities hereby approved. Reason - In the interest of visual amenity. 3 No sound reproduction equipment, conveying messages, music, or other sound by

voice, or otherwise which is audible outside the premises shall be installed on the site without the prior written consent of the Local Planning Authority.

Reason - To protect the amenities of adjoining occupiers. 4 Notwithstanding any indication which may have been given in the application, no

works shall start on site until details and/or samples of all surfacing materials have been submitted to and approved in writing by the Local Planning Authority. *

Reason - To secure a satisfactory appearance. 5 The use of the development hereby permitted shall not start until the car park has

been provided and marked out in accordance with the approved plans. The parking area shall thereafter be retained solely for parking purposes, and made available to the occupiers, candidates and visitors to the premises unless otherwise first agreed in writing by the Local Planning Authority. *

Reason - To ensure that provision for vehicle parking clear of the highway is available

for users of and visitors to the development in the interests of highway safety. 6 The use of any part of the development hereby permitted shall not start until the

vehicular access has been constructed and completed in accordance with the approved plans. *

Reason - To ensure that suitable access is available for the development.

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7 The landscaping/planting indicated on the plans hereby approved shall be undertaken

in the first available planting season following the practical completion of the development or first occupation of any parts thereof whichever is the sooner. Such planting shall thereafter be maintained for a period of 5 years from the time of planting, including the replacement of any trees and/or shrubs etc which may die.

Reason - In the interests of visual amenity. 8 Prior to commencement of development details of all external lighting shall be

submitted for approval by the Local Planning Authority. The external lighting shall be installed in accordance with the approved details prior to the first use of the building and thereafter retained to the reasonable satisfaction of the Local Planning Authority.

Reason - In the interests of the amenities of adjoining occupiers and given the site's

proximity to Farnborough airport. 9 The use hereby permitted shall not be operational whilst the Farnborough Air Show is

open to trade and public visitors Reason: To balance the requirements of both land uses on the highway network. 10 Notwithstanding any indication which may have been given in the application, no

works shall start on site until details of all fences, hedges or any other means of enclosure have been submitted to and approved in writing by the Local Planning Authority. The approved means of enclosure shall be erected/planted in accordance with the approved details before the development is occupied and shall be maintained thereafter, unless the Local Planning Authority otherwise first agrees in writing. Any hedges and/or enclosure and boundary planting included in the scheme shall be maintained for a period of 5 years, from the time of planting, including the replacement of any plants which may die. *

Reason - To ensure that the proposed development does not adversely affect the

visual amenities of adjoining occupiers or the character of the area.

INFORMATIVES 1 INFORMATIVE - REASONS FOR APPROVAL- The Council has granted permission

because:-

It is considered that the proposal would not prejudice the objectives of the Rushmoor Local Plan Review 1996-2011 to encourage and guide development within the Borough and would be acceptable in amenity and highway safety terms. It is therefore considered that subject to compliance with the attached conditions, and taking into account all other material planning considerations, including the provisions of the development plan, the proposal would be acceptable. This also includes a consideration of whether the decision to grant permission is compatible with the Human Rights Act 1998.

2 INFORMATIVE - THE FOLLOWING PLANS ARE HEREBY APPROVED:-Drawing

numbers PL01 rev A, 02 rev A, 03 rev A and 07 rev B

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3 INFORMATIVE - The applicant is reminded that the premises should be made

accessible to all disabled people, not just wheelchair users, in accordance with the duties imposed by the Disability Discrimination Act 1995. This may be achieved by following recommendations set out in British Standard BS 8300: 2001 "Design of buildings and their approaches to meet the needs of disabled people - Code of Practice". Where Building Regulations apply, provision of access for disabled people to the premises will be required in accordance with Approved Document M to the Building Regulations (2004) "Access to and use of buildings". Please contact the Access Officer at Rushmoor Borough Council. The Rushmoor Access Group would also welcome the opportunity to give further advice and guidance.

4 INFORMATIVE - The applicant is reminded that under the provisions of food safety

legislation there is a requirement to register all food premises with the Local Authority before the commencement of any business operations. The applicant is advised therefore to contact the Head of Environmental Health Services at Rushmoor Borough Council for advice and to discuss this matter further, as appropriate.

5 INFORMATIVE - The applicant is reminded that under the provisions of health and

safety legislation there is a requirement to register with the local authority if it is intended that persons be employed in shop or office premises. The applicant is advised therefore to contact the Head of Environmental Health Services at Rushmoor Borough Council for advice and to discuss this matter further, as appropriate.

6 INFORMATIVE - Your attention is specifically drawn to the conditions above marked *.

These conditions require the submission of details, information, drawings etc. to the Local Planning Authority BEFORE ANY WORKS START ON THE SITE or, require works to be carried out BEFORE THE COMMENCEMENT OF THE USE OR FIRST OCCUPATION OF ANY BUILDING. Failure to observe these requirements will result in a contravention of the terms of the permission and the Council may take enforcement action to secure compliance.

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