AT Land Known As Newton Leys, West of Railway, South of Bletchley Landfill Site, Drayton Road, Bletchley

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1 APP 01 Application Number: 13/00888/OUTEIS Extension of time limit for outline planning permission 02/01337/OUT for proposed mixed use development, comprising housing (up to 1650 dwellings), employment area, shops, a combined school, community facilities, new park, playing fields, hotel or leisure facility and associated infrastructure for foul and surface water drainage and other services including access roads and parking (along with related proposals in Aylesbury Vale District) and accompanied by an updated Environmental Statement AT Land Known As Newton Leys, West of Railway, South of Bletchley Landfill Site, Drayton Road, Bletchley FOR Taylor Wimpey (South Midlands) Plc Target: 12th August 2013 (Extension of time agreed to 27 July 2015) Ward: Bletchley East Parish: Bletchley & Fenny Stratford Town Council Report Author/Case Officer: Karen Tate Contact Details: karen.tate@milton-keynes.gov.uk Team Leader: Nicola Wheatcroft Team Leader Strategic Applications Team Contact Details: nicola.wheatcroft@milton-keynes.gov.uk 1.0 INTRODUCTION (A brief explanation of what the application is about) 1.1 On 28 June 2005 Milton Keynes Council granted outline consent for housing, employment, shops, school, community facilities, park and playing fields, hotel or leisure facilities and associated infrastructure (part of site within Aylesbury Vale District Council) for phased development with a long-stop date of 28 June 2013 for approval of the final reserved matters application at Newton Leys, Milton Keynes. All matters were reserved for subsequent reserved matters approval. 1.2 The development has been partly built out in relation to the residential phases with over 762 dwellings completed but a significant amount of the development remaining to be built 888 unbuilt dwellings together with the employment development, local centre and community facilities. Newton Leys stalled during the economic recession and the applicant has been unable to submit all remaining phases of development for approval in accordance with the longstop date of 28 June Work has continued on the approved Reserved Matters parcels consents and a significant number of dwellings have been constructed and occupied with work about to commence on the school. However, the development has not yet delivered all the facilities envisaged for the new community at Newton Leys. The renewal of this application would

2 allow work to continue on delivering the remainder of the development. 1.3 The remainder of the development area awaiting Reserved Matters applications is now precluded from submission by virtue of condition 3 of 02/01337/OUT which set the long-stop date of June Having regard to this the developers submitted an application to extend the life of the planning application using a Regulation brought in by Government in October 2009 to assist developers to bring forward stalled development sites as a consequence of the recession. This facility has now been withdrawn but as the current application has been subject of a series of extensions of time it is considered that it can determined under this procedure. The reason for the delay has been due to the extensive and lengthy negotiations that have taken place in respect of S106 obligations. 1.4 Planning applications using this procedure are subject to a shortened assessment procedure whereby the original submission documents and plans are retained in place, other than where they are time specific such as ecology reports and are required to be updated and the proposal remaining to be granted consent assessed against current Development Plan policies. The original application was subject of an Environmental Impact Assessment and this has been updated where necessary by the applicant. The proposal results in a new planning permission being granted which then replaces the original in relation to the remainder of the development. A new S106 relating to the remainder of the development to be brought forward is also required. 1.5 The main section of the report set out below draws together the core issues in relation to the application including policy and other key material considerations. This is supplemented by an annex which brings together planning history, additional matters and summaries of consultees responses and public representations. Full details of the application, including plans, supplementary documents, consultee responses and public representations are available on the Council s Public Access system All matters have been taken into account in writing this report and recommendation. 1.6 The Site The site lies to the south of Bletchley and extends over approximately 113 hectares of ex-agricultural land, woodland including flooded clay pits and brickworks, 106 hectares lying within Milton Keynes Council administrative area the remainder within Aylesbury Vale District Council which has been dealt with under a separate planning consent. The site adjoins the Bletchley Landfill Site to the north, and the Bletchley railway line is close to the northern boundary. Newton Leys is accessed from the A4146 highway via a new road, Jersey Drive/Guernsey Road whilst the southern part of the development within Aylesbury Vale District Council is accessed from Drayton Road. Phases 1-3 have been completed by Taylor Wimpey who own the site and Persimmon who have developed a small number of parcels on the site, Taylor Wimpey being the lead developer. Reserved Matters consent has also been granted for Phase 4. The flooded clay pits form feature lakes for Newton Leys and are

3 a part of the strategic SuDs (Sustainable Drainage) scheme for the development. A masterplan and overarching design code is in place in respect of Newton Leys. Taylor Wimpey were successful in being awarded central government Local Infrastructure Funding (LIF) in a government loan, in order to ensure Newton Leys development is completed. Details of the location of the site and its relationship to surrounding properties can be seen in the plans attached to this report. A supporting statement on behalf of Taylor Wimpey is appended to this report at Appendix The Proposal The proposal seeks to amend condition 3 of outline consent 02/01337/OUT which states: Application for approval of all the reserved matters must be made to the Local Planning Authority before the expiration of eight years from the date of this permission. All other matters relating to the outline application remain as submitted and consented under 02/01337/OUT. The application was accompanied by an EIA and this was updated with additional information in respect of the following matters: Ground conditions and contamination Natural heritage/ecology Traffic and transport Water environment and flooding Noise and air quality Landscape and Visual A revised S106 planning obligations offer has also been made in respect of the remaining development accompanied by a Viability Assessment to support a proposed reduction in the affordable housing provision but with a greater element of rented dwellings within the mix and an increase in the financial contributions across the whole development, details of which are set out in paragraphs below. Details of the proposal as described above can be seen in the plans appended to this report. 2.0 RELEVANT POLICIES (The most important policy considerations relating to this application) 2.1 Local Policy Core Strategy Adopted July 2013 CSA: Presumption in favour of sustainable development CS1: Milton Keynes Development Strategy CS2: Housing Land Supply CS6: Place Shaping Principles for Urban Extensions in Adjacent Local

4 Authorities CS8: Other Areas of Change CS9: Housing CS11: A Well Connected Milton Keynes CS12: Developing Successful Neighbourhoods CS13: Ensuring High Quality, Well Designed Places CS18: Healthier and Safer Communities CS19: The Historic and Natural Environment CS21: Delivering Infrastructure Adopted Milton Keynes Local Plan S1: General principles D1: Impact of developments on a locality D2A: Urban Design Aspects of New Development D2: Design of Buildings D4: Sustainable Construction HE1: Protection of Archaeological Sites NE2: Protected Species NE3: Biodiversity and Geological Enhancement NE4: Conserving and Enhancing Landscape Character T1: Transport User Hierarchy T3 & T4: Pedestrians and Cyclists T5: Public Transport T9: The Road Hierarchy T10: Traffic T11: Transport Assessments and Travel Plans T12: Major Transport Routes T15: Parking Provision T17: Traffic Calming KS1: Newton Leys (key sites) H1: Land Allocated for Housing H2: Priority Housing Requirements H4 & H5: Affordable Housing H8: Housing Density E9: Controlling the Risk of Pollution LC1: New Local Centres L2: Standards of Provision (open space) L4: Sites Allocated for New Facilities L9: Arts, Entertainment and Commercial Leisure Facilities L10: Visitor Accommodation C1: Location of Community Facilities C3: Meeting Halls/Community Facilities C4: Education C5: Health and Community Care Facilities PO1 & PO2: General Policies PO4: Percent for Art Supplementary Planning Guidance Parking Standards (Jan 2005) and Addendum (April 2009) Sustainable Construction (April 2007)

5 Affordable Housing (March 2013) Education Facilities SPG (2004) Leisure Recreation and Sports Facilities SPG (2004) Social Infrastructure SPD (2005) New Residential Development Design Guide (April 2012) Other Documents Newton Leys Design Code (February 2007) 2.2 National Policy National Planning Policy Framework paragraphs: Paragraph 4: Accordance with Development Plan Paragraph 14: Presumption in favour of sustainable development Paragraph 17: Core planning principles Paragraph 32: Transport Paragraph 38: Mix of uses on larger scale residential sites Paragraph 39: Parking Paragraph 47: Delivering a wide choice of high quality homes Paragraphs 56-66: Design Paragraph 69: Creating healthy and inclusive environments Paragraph 93, : Meeting the challenge of climate change and flooding Paragraph 98: Sustainability Paragraphs 109 & 118: Natural Environment Paragraphs : Pollution and contamination Paragraphs 129 & 132: Heritage assets 3.0 MAIN ISSUES (The issues which have the greatest bearing on the decision) Whether there have been any changes in Development Plan policies which require further consideration in relation to the remaining phases of the Newton Leys development subject of the extension of time application. 2. Changes in circumstances in relation to the Environmental Assessment. 3. Whether the offer made in relation to the S106 obligations including affordable housing offer is acceptable in the context of a Viability case having been made by the applicant. 4.0 RECOMMENDATION (The decision that officers recommend to the Committee) 4.1 It is recommended that planning permission be granted subject to the conditions set out at the end of this report.

6 5.0 CONSIDERATIONS (An explanation of the main issues that have lead to the officer Recommendation) 5.1 Whether there have been any changes in Local Plan policies which require further consideration in relation to the remaining phases of the Newton Leys development subject of the extension of time application. At the time of the determination of the application the Local Plan 2005 was close to adoption and its policies included an allocation for the development of Newton Leys (Policy KS1 which supports the principle of a comprehensive development of this area). This Policy is a Saved Policy and still of significance in the consideration of any application on the site. Since the granting of the outline consent the Council have adopted the Core Strategy (July 2013) and the National Planning Policy Framework and Planning Practice Guidance has been issued which sets out that there is a presumption in favour of sustainable development which the principle of this development accords with. 5.2 Changes in circumstances in relation to the Environmental Assessment The original application was accompanied by an Environmental Assessment and a supplemental document was submitted with the renewal application relating to the following EIA matters: Ground conditions Natural Heritage/ecology Traffic and Transport Water Environment Noise and Air Quality Community and social Cultural Heritage Land Use Landscape/Visual The application was also accompanied by indicative plans setting the site in its environmental context, assumed layout, phasing stages and heights and densities, masterplan and design code, indicative access and street network, ecology and nature conservation and landscape structure and open space, public transport and amenity circulation. 5.3 Ground conditions: the site formed part of a brickworks and a condition (12) was attached to the 2002 outline consent requiring the whole site to be subject of an assessment of ground conditions before any development commenced. The applicants have advised in the EA update that this has been undertaken on a phased basis. NPPF paragraphs set out requirements for pollution control requirements and it is considered the remaining phases will need to be assessed and subject to contamination mitigation as per the original outline consent. 5.4 Natural Heritage/Ecology: Since the original ecology reports were produced a nature Conservation strategy has been developed updated to Policy

7 CS19 and NPPF paragraphs 109 and 118 address ecology and natural environment matters. Having regard to the length of time that has elapsed since the last surveys were undertaken it is considered appropriate to retain a condition relating to the ecology survey in the report. 5.5 Transport and Traffic: The original transport and traffic reports were undertaken in 2002 however they have been updated and supplemented within the reserved matters applications the most recent being It is considered that there is no conflict with current highway and traffic Development Plan policies. 5.6 Water Environment: The original outline consent was subject to a detailed strategic flood risk assessment and included a proposed strategic SuDs scheme and flood mitigation. Individual stage 2 FRA s (Flood Risk Assessments) have been submitted with individual reserved matters applications in accordance with NPPF paragraphs 93, In 2014 updated FRA modelling was submitted and has now been accepted by the Environment Agency. 5.7 Noise and Air Quality: The updated noise and air quality is not considered to be materially altered from that of Community and social: Community and social impacts, including education and community facilities are encompassed within the original masterplan for Newton Leys and no new Policy issues are considered to have arisen in relation to Core Strategy policies, the school being due for commencement by mid July Other community facilities which will serve the whole Newton Leys development are required to come forward through S106 obligations. 5.9 Cultural Heritage: No new planning issues arise in relation to cultural heritage matters form those assessed under the original outline consent Land Use: The site is allocated under Policy KS1 for development and this position remains unchanged within the Core Strategy and NPPF policies Landscape/Visual: The proposal is assessed as raising no new issues in relation to landscape and visual amenity. The Urban Designer and Landscape Officer have raised no objection to the extension of time application A number of local comments have been received raising no objection to the extension of time consent but requesting a short timescale for completion of Newton Leys and asking that existing phases be completed as a soon as possible. A single objection has been lodged by a local resident of Newton Leys on the grounds that the site should be completed in order to bring forward the associated facilities Whether the offer made in relation to the S106 obligations including affordable housing offer is acceptable in the context of a Viability case having been made by the applicant

8 The applicants submitted a Viability Appraisal for this scheme on the basis they could not afford to meet the full level of s106 requirements and Affordable Housing. The Council appointed external viability consultants; Adams Integra, who have robustly tested the appraisal submitted by Taylor Wimpey and following extensive and detailed negotiations the principles and conclusions are accepted. This information is based on the re-plan of the outline permission of up to 1650 dwellings, separating out what has been paid to date and what therefore the remaining units should contribute. The assumptions are based on 762 units as built and 888 units that are identified as un-built. As phases 1-3 have been partly completed S106 financial contributions have already been paid as follows: Contributions Paid to Date: Total - 6,570,022 Contribution Amount Bletchley Regeneration Contribution 500,000 Community Hall Contribution 50,000 Footway/Cycleway Contribution 100,000 Traffic Calming Contribution 60,000 Public Art Contribution 300,000 Public Transport Contribution 1,470,000 Recycling & Composting Contribution 2,500 Primary School Contribution 3,987,522 Community Infrastructure Contribution 100,000 Contributions To be paid under 02/01337/OUT but not triggered: 6,603,354 Contribution Amount Playing Fields Maintenance Contribution 239,066 Secondary School Contribution 3,274,000 Open Space Maintenance Contribution 3,090,288 In Kind on/off site provision: Total in kind costs: 6,101,399 Total in kind works completed 4,247,899 Completed projects: Project Costed Value Temporary Community Facility 62,827 Skew Bridge works 1,085,568 A5 Junction works 3,099,504 On site Primary School site

9 To be provided: Total in kind costs to be provided 1853,500 Facility Estimated Cost Community Facility circa 315sqm facility 350,000 Playing Fields 3 playing fields 575,000 Outdoor changing facility to be combined 266,000 with the Community Facility and Playing Fields co-located circa 280sqm 3 x LEAP and 1 x LEAP 450,000 Allotments 112,500 Travellers Site 100,000 In addition the following contribution is required under the existing S106 agreement for the Allotment land in AVDC: Allotments - 46,350 Contributions to be Paid under Re-plan: Total - 11,009, Service Amount Library & ACE 183, Crematorium & Burial Grounds 73, Health Facilities 1,282, Waste Management 114, Emergency Services 27, Inward Investment & Voluntary Sector 137, Waste Receptacles 85, Playing Fields Maintenance 225,000 POS Maintenance 3,000,000 Community Hall 125,000 District Parks 91, Education Early Years 629, Education Primary Education 962, Education Secondary Education 3,345, Education Post , The existing s106 agreement (02/01337/OUT) included 13,219,726 ( per unit) as a financial contribution. The total overall value of the S106 including in kind works was 19,321,125. To date 6,570,022 has been paid under this agreement and 4,247,899 of in kind works completed. 6,655,704 of financial contributions have not been paid and 1,853,500 of in kind works not yet completed. The additional contribution of 11,009, is based on the remaining 888 units and includes those contributions not yet paid under the existing Outline S106 agreement, adjusted for viability and current need. Overall, this results in total financial contribution for entire scheme of 17,625, ( 10, per unit). The total S106 value (financial + onsite provision) therefore equates

10 to 23,727, ( 14, per unit). There are a distinct lack of facilities within the Newton Leys development and this re-plan application has given the Council the opportunity to re-evaluate the scheme in line with current policy requirements, and will enable these deficiencies to be addressed to ensure the remainder of the development contributes towards the vital on and off site facilities to support the residents of Newton Leys S106 Affordable Housing The affordable housing offer has been reduced to accommodate the viability of the development. The Affordable Housing offer is 21% of the total development which will provide a total of 347 affordable units rather than the 30%, 495 affordable housing units, required to be provided under the previous outline consent 02/01337/OUT although this was based on the old affordable housing mix which included 10% of reduced cost market sale a tenure which is no longer classed as affordable housing and does not address any local housing needs The original S106 required 30% affordable housing to be provided on the site in the following tenure breakdown: S106 Tenure % Split Numerically Social Rent 5% 83 units Shared Ownership 15% 246 units Low Cost Market Sale 5% 83 units Reduced Cost Market 5% 83 units Sale Total 30% 495 units 5.15 Since 2007, MKC has not regarded Low and Reduced Cost Market Sale housing as Affordable Housing as this is market housing provided with a discount to purchasers. It does not help assist those in need of housing who are unable to purchase, and does not help MKC house homeless families. Therefore, the affordable element of this scheme would be regarded as 20% of the scheme based on 5% Social Rent and 15% Shared Ownership. As Low and Reduced cost housing is not regarded as affordable, through negotiation with Taylor Wimpey the Low/Reduced Cost tenures for some of the phases delivered to date at Newton Leys have been amended to Affordable Rent and Shared Ownership The re-plan of the remaining phases under the Extension of Time application plus the housing delivered to date would result in the following provision of affordable housing:

11 Proposed Tenure S106 associated % Split Numerically with Extension of Time application and existing provision Social Rent 5% 83 Affordable Rent 4.1% 68 Shared Ownership 11.3% 187 Low Cost market 0.6% 9 Total 21% Although a lower overall percentage of affordable housing will be provided, more rented housing will be provided across Newton Leys than what had previously been consented under the 02/01337/OUT Outline a total of 151 units compared with 83 units. There would be 83 Social Rent units and 68 Affordable Rented units giving a total of 151 rented units which equates to 9.1% and 187 Shared Ownership units (11.3%) 5.19 An updated Housing Development Officer response will be provided as updated comments in the late papers or by way of a verbal update The Council s appointed viability consultant, Adams Integra, have prepared a report evaluating the viability of the scheme : The approach taken in this study follows the well-recognised methodology of residual land valuation (RLV). Put simply the residual land value produced by a potential development is calculated by subtracting the costs of achieving that development from the revenue generated by the completed scheme. We have carried out an HCA DAT appraisal of the 888 unit scheme using the input values described above for the scheme and this produces a Residual Land Value of 10,194,598 (Appendix 1). This equates to a land value of 74,461 per gross acre. This is below the benchmark figure of 100,000 per gross acre and shows that based on the assumptions above, the scheme is not viable. Our appraisal of this offer from Taylor Wimpey shows that in order for the scheme to become viable the profit level has had to be reduced to c14%. It is our opinion that in reality there may be potential for further savings in the build costs, the abnormals, the infrastructure costs and the professional fees. The assumptions above are all within the normal range but developers such as Taylor Wimpey can often benefit from economies of scale which means that they may be able to reduce their build cost rates from BCIS figures. However, it is our opinion that, even if available, these potential savings would only be sufficient to return the profit to an acceptable level for lenders and, as it is known that build costs will have risen significantly since the original assessment, these increases would be likely to cancel out potential savings. It is therefore our opinion that this offer from Taylor Wimpey of 21%

12 affordable housing and financial S106 contributions is one that would result in the scheme being delivered. This scheme has been looked at in terms of its particular financial characteristics and it represents no precedent for any sustainable approach on the Council s policy base The Growth and Infrastructure Act 2013 (clause 7) inserts new clauses into s106 of the 1990 Town and Country Planning Act that introduces a new application and appeal procedure for the review of planning obligations on planning permissions which relate to the provision of affordable housing. The changes require a council to assess the viability arguments, to renegotiate previously agreed affordable housing levels in a S106, and change the affordable housing requirement to facilitate the continuation of the development. In this instance, a re-plan of the Outline planning consent originally permitted in 2005 is sought The National Planning Policy Framework (NPPF) has a presumption in favour of sustainable development and emphasises the duty of the local planning authority to ensure development viability is not threatened Pursuing sustainable development requires careful attention to viability and costs in plan-making and decision-taking. Plans should be deliverable. Therefore, the sites and the scale of development identified in the plan should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened. To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable. "205. Where obligations are being sought or revised, local planning authorities should take account of changes in market conditions over time and, wherever appropriate, be sufficiently flexible to prevent planned development being stalled." 5.21 Planning Practice Guidance (PPG) Paragraph: 019 Reference ID: states that; In making decisions, the local planning authority will need to understand the impact of planning obligations on the proposal. Where an applicant is able to demonstrate to the satisfaction of the local planning authority that the planning obligation would cause the development to be unviable, the local planning authority should be flexible in seeking planning obligations. This is particularly relevant for affordable housing contributions which are often the largest single item sought on housing developments. These contributions should not be sought without regard to individual scheme viability. The financial viability of the individual scheme should be carefully considered in line with the principles in this guidance The proposed S106 Obligations offer has been subject of consultation with Bletchley and Fenny Stratford Town Council and Newton Leys Residents

13 Association. Bletchley and Fenny Stratford Town Council have confirmed that they support the increased contributions and application and commented that the S106 affordable housing mix proposed would ensure the negotiated contributions are secured rather than further affordable housing. Newton Leys Residents Association support a reduction in the social housing as this provides a majority of shared ownership or affordable market rent in order to maximise the developer s contribution to community facilities and needs. Support is not given for a reduction in voluntary sector funding. The Residents Association has expressed concern over the delivery of onsite facilities and if approved, the Council will work with the Town Council, the Residents Association and the Applicant to agree on the most appropriate timing for the remaining onsite facilities, which will be agreed through the preparation of the Section 106 Agreement The Newton Leys development was successful in obtaining a Local Infrastructure Funding (LIF) Loan and in October 2014 it was announced that Taylor Wimpey had been awarded with a 16.5m loan for the Newton Leys development through the LIF scheme. The LIF was launched via the 2012 Autumn Statement with a view to supporting jobs and growth, and accelerated delivery of locally supported large-scale housing schemes which are struggling to move forward. The loan is offered on a commercial basis, with interest payable on the loan and it must be repaid at an agreed point in the future. The loan and interest repayments have been factored into the Viability Assessment in an appropriate manner to the satisfaction of Milton Keynes Council s and its viability consultants. A briefing note on the LIF Loan for Newton Leys is annexed to the report at Appendix Conclusion The facility to obtain an Extension of Time to a consented scheme was introduced in 2009 and was time limited to enable stalled development sites to extend the life of the authorising planning permission beyond its original consent end date following the economic recession. This provided a shortened procedure whereby only limited planning submission documents would be required to be submitted, relying on the approved plans and documents to inform the application details. In the case of phased developments the phases remaining to be brought forward to complete the development are to be assessed against current Local Plan Policies and if necessary the application adjusted to meet any new Policy requirements. Conditions are expected to be replicated or updated to take account of altered planning requirements, or removed where conditions are no longer relevant The outline application was accompanied by an Environmental Impact Assessment and this has been updated with supplementary reports which raise no new environmental issues for consideration and where consultees have raised objections, i.e. the Environment Agency further technical submissions have enabled these issues to be satisfactorily resolved. A new S106 Agreement with amended contributions is proposed and whilst this delivers a lower level of affordable housing than the original Section 106 obligation, the amount of rented dwellings, social rent and affordable rent is increased across the whole Newton Leys site than had been secured under

14 the original S106, resulting in 151 rented units opposed to 83 required by the original S106. The proposed S106 offer is supported by the Senior Planning Obligations Officer having regard to the Viability case which has been robustly tested by an external consultant This re-plan application has enabled the impacts to be re-evaluated the in line with current policy requirements, and will enable deficiencies that would not have been addressed under the previous S106, such as contributions towards Health Facilities, Early Years Education, Community facilities, Waste Management and receptacles, Emergency Services, Library, Crematorium & Burial Grounds, Inward Investment & Voluntary Sector, and District Parks to be mitigated to ensure the remainder of the development contributes towards the vital on and off site facilities to support the development Given the viability issues with this development and the national guidance relating to viability and affordable housing, the proposed percentage and mix of tenures of affordable housing and the financial contributions listed above are considered an acceptable balance of affordable housing and contributions to ensure the impacts of the development are mitigated and the development can be considered acceptable in planning terms The application if permitted will enable the rollout of Newton Leys to continue and having regard to the applicant s request that condition 3 enable reserved matters applications to continue to be made before the expiration of eight (8) years from the date of the consent which would extend the life of this permission sufficiently to enable the development to be completed. Only one Extension of Time was permitted and this procedural facility has now been withdrawn. It is therefore considered this will act as a tangible incentive to the developer to complete the Newton Leys development in a timely manner. 6.0 CONDITIONS (The conditions that need to be imposed on any planning permission for this development to ensure that the development is satisfactory. To meet legal requirements all conditions must be Necessary, Relevant, Enforceable, Precise and Reasonable ) 1. Approval of the details of the siting, design and external appearance of the buildings, access, thereto and landscaping of the site (herein called the reserved matters ) for each development parcel shall be obtained from the Local Planning Authority prior to commencement of that Development Parcel. Reason: Outline planning permission only is granted in accordance with the application submitted. 2. The development hereby permitted must be begun on or before whichever is the later of the following dates: (i) Five years from the date of this permission or (ii) The expiration of two years from the date of the approval of the last matters to be approved Reason: To comply with Section 51 of the Planning and Compulsory

15 Purchase Act Application for approval of all reserved matters must be made within to the Local Planning Authority before the expiration of eight (8) years from the date of this permission. Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act The development shall not be more than 1650 dwellings in total across the application site. Reason: To ensure that adequate consideration can be given to any subsequent increase in numbers on the site. 5. The details required by condition 1 shall be in accordance with the details set out in planning application drawings /02/F/11 and /F/12 dated June 2003 and masterplan 2085 GP-MP 01 Rev N received on 4 June 2015 in relation to the remaining phases of the development yet to be consented. Reason: In order to clarify the terms of the planning permission and to ensure that the development proceeds in line with the development framework and the EIA and associated updates. 6. The remaining phases to be constructed under this outline planning consent shall be undertaken in accordance with the phasing programme set out in masterplan 2085 GP-MP 01 rev N received on 4 June 2015 unless otherwise agreed by the Local Planning Authority Reason: In order to clarify the terms of the planning permission and to ensure that the development is carried out in a planned and phased manner. 7. Design Codes for each future phase of the development shall be submitted to and approved in writing by the Local Planning Authority before commencement of development on any phases indicated in condition 5 above. The Design Codes shall contain the following details: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Development principles Character areas Street Types and Boundary Treatments Block Principles Parking Building Heights Land uses Landscape Strategy Building Materials and Architectural Features Reason: The details shall be illustrated with the appropriate supporting

16 graphic material and text. There shall be no variation from the submitted Design Codes unless formally agreed in writing by the Local Planning Authority. 8. The approved nature conservation and mitigation strategy under outline consent 02/01327/OUT shall be implemented in relation to all future phases to be implemented under this outline consent inclusive of updated technical reports and data as set out in the Environmental Statement dated 2002 and Supplementary Environmental Statement dated March Reason: In the interests of nature conservation. 9. No building fronting an estate road in any phase shall be occupied until the estate road providing access to it from the existing highway has been laid out and constructed in accordance with the approved details. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway. 10. The development shall not begin on any phase until details of the disposal of surface water from the highway has been approved in writing by the Local Planning Authority and no dwelling shall be occupied until the works for the disposal of surface water have been constructed in accordance with the approved details. Reason: To minimise danger and inconvenience to highway users. 11. No development within the restricted 150m buffer as shown on drawing number /F/11 shall take place until a noise and pollution control assessment, looking at the current consent and integrated pollution prevention control permit (IPPC) between the landfill site and the residential development has been submitted to and approved in writing the Local Planning Authority (updated to current regulatory requirements). Such an assessment shall include details of relevant mitigation measures including bunding and screening. The dwellings shall not be occupied until any mitigation measures have been carried out to the satisfaction of the Local Planning Authority. Reason: To protect the residential amenities of adjoining future occupiers. 12. Prior to development taking place on any future phases of the development area and in accordance with the Environmental Statement dated 2002 and Supplementary Environmental Statement dated March 2013 an assessment of ground conditions to determine the likelihood of any ground, groundwater or gas contamination of the site in accordance with BS1075: A1:2013 Investigation of Potentially Contaminated Sites Code of Practice. The results of this survey, together with any remedial action deemed necessary, shall be submitted to and approved in writing by the Local Planning Authority before work commences on that phase.

17 Any remedial works shall be carried out in accordance with the approved strategy and validated by submission of an appropriate verification report prior to first occupation of the development. Should any unforeseen contamination be encountered the Local Planning Authority shall be informed immediately. Any additional site investigation and remedial work that is required as a result of unforeseen contamination will also be carried out to the written satisfaction of the Local Planning Authority. Reason: To ensure that the site is fit for its proposed purpose and any potential risks to human health, property and the natural and historic environment are appropriately investigated and minimised. 13 None of the existing hedgerows on the site shall,be cut back or removed nor any of the existing trees on the site shall be felled or lopped without the prior consent in writing of the Local Planning Authority. No demolition, site clearance or building operations shall commence on any future phases until existing trees to be retained on site have been protected during construction works in accordance with an approved Root Protection Plan and Arboricultural Method Statement detailing root protection areas of the trees and hedges to be retained. The reports shall include details of areas of no-dig raised construction including construction details and plans. This should also include details of any underground works required for services. The protection to the trees shall thereafter be carried out in accordance with BS:5837:2012 and the approved details. Reason: To ensure the trees are protected during construction and the risk of damage is reduced. 14 The development of future phases of development shall be carried out in accordance with the approved archaeological strategy and mitigation document approved under outline consent 02/01237/OUT, unless otherwise approved in writing by the Local Planning Authority in relation to individual phases.. Reason: To ensure that archaeological matters are adequately considered and mitigated. 15. No development at Slad Farm shall take place until the building has been recorded by a competent archaeologist; surveyor or architect to a scheme to be agreed in writing with the Council s Conservation and Archaeology Manager. The record will comprise a report with plans, elevations and sections of the building at a scale of 1:50 drawn to the standards set by English Heritage (2006). This will be accompanied by a written description of the building and its development, together with a photographic record of the interior and exterior. All photographs will be dated and annotated. Two copies of building recording report will be deposited with Milton Keynes Sites and Monuments Record prior to building works or demolition commencing, and within three months of the recording survey being completed. Project Details and a digital copy of the report will be uploaded to the Archaeology Data

18 Service OASIS website. Reason: To ensure that affected heritage assets are adequately recorded pursuant to paragraph 141 of the National Planning Policy Framework Advisory: A Brief for this work can be provided to the applicant by the Archaeological Officer. 16. Before development commences on the future phases of the development hereby permitted a detailed design, and associated management and maintenance plan, for a surface water drainage scheme, based on sustainable drainage principles relating to each Reserved Matters proposal shall be submitted to and be approved in writing by the Local Planning Authority The management and maintenance plan shall include a detailed time table for the implementation of the surface water drainage scheme. The approved drainage scheme shall subsequently be implemented in accordance with the approved detailed design and in accordance with the approved time table for implementation and be retained thereafter. Reason: To ensure satisfactory and sustainable surface water drainage to prevent the increased risk of flooding on or off site. 17. The maintenance in perpetuity of the surface water balancing facilities submitted under outline consent 02/01327/OUT shall be carried out in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority. Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory regime for the future maintenance of the surface water balancing facilities. 18. Development of future phases shall not be begun until details of foul water drainage have been submitted to and approved in writing by the Local Planning Authority. Reason: To prevent the risk of flooding. 19. No houses shall be built within 50m of the landfill site (the site licensed for Waste Management). Reason: To safeguard the amenities of residential occupiers of the development from the landfill site. 20. No development shall commence on future phases until such time as a Sustainability Statement has been submitted to and approved by the Local Planning Authority. The Statement shall include the following details:

19 Energy efficiency Renewable Energy Production Water Conservation Measures Sustainable Urban Drainage Systems Use of renewable/recycled Building Materials Construction Waste Reduction or Recycling Carbon Neutrality The development shall be carried out in accordance with the approved details Reason: In the interests of visual amenity and to ensure the development accords with Policy D4 of the Milton Keynes Local Plan and Sustainable Construction Guide SPD (2007). 21. Details of the specification for the bus stops and the timing of construction along the bus route shall be submitted to and approved in writing by the Local Planning Authority and the works shall be carried out in accordance with the approved plans to an agreed timetable with the Local Planning Authority prior to commencement of any future phases permitted under this outline consent. Reason: To ensure that adequate bus stops are provided on the development in a timely manner. 22. The landscaping scheme required by condition 1 above shall be submitted to and approved by the Local Planning Authority for each undeveloped future phase before development is commenced on that phase which shall include indications of all existing trees and hedgerows on the land, and details to be retained, together with measures for their protection in the course of development. Reason: To protect the character and appearance of the area. 23. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings on each phase or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless the Local Planning Authority gives any written consent to any variation. Reason: to protect the appearance of the area. 24. The details to be submitted in accordance with condition 1 above shall include the provision to be made on site for the parking of vehicles on each of the future undeveloped phases.

20 Reason: In the interests of highway safety. 25. The details to be submitted in accordance with condition 1 above shall include the treatment of all boundaries in and around the site on each of the future undeveloped phases. Reason: In the interests of visual amenities of the area. 26. Details of the following highway improvement works shall be submitted to and approved in writing by the Local Planning Authority and no dwelling shall be occupied until those works have been completed and brought into use: a) Alterations to the A4164/Drayton Roundabout b) A new road from the A4146/Drayton Road roundabout to Skew Bridge providing access to the site, including footways/cycleways c) Alterations to the bypassed section of Drayton road to provide for nonvehicular use and for access to Skew bridge Villa d) Alterations to existing rights of way associated with the above works Reason: In the interests of highway safety 27. No more than 200 dwellings shall be occupied until details of the proposed priority junction on Drayton road and the second access road serving the site have been submitted to and approved in writing by the Local Planning Authority and no more than 300 dwellings shall be occupied until the new junction and second access road have been laid out and constructed in accordance with the approved details. Reason: In the interests of highway safety 28. No more than 300 dwellings, taking access over the second access road shall be occupied until such time as the second access road has been connected to the first access road and the connection has been opened to traffic. Reason: In the interests of highway safety 29. Prior to commencement of development on the relevant phase details of a drainage scheme for the playing fields shall be prepared by an agreed contractor and submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure the playing fields are adequately drained.

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24 Appendix to 13/00888/OUTEIS A1.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site this may not include every planning application relating to this site, only those that have a bearing on this particular case) A1.1 02/01337/OUT Proposed mixed use development (outline application), comprising housing (up to 1650 dwellings), employment areas, shops, a combined school, community facilities, new park, playing fields, hotel or leisure facility and associated infrastructure for foul and surface water drainage and other services including access roads and parking (along with related proposals in Aylesbury Vale District) and accompanied by and Environmental Statement. PER /01218/FUL Construction of sewage pumping station PER /01333/REM Reserved matters application for erection of 227 dwellings, associated garages, parking and roads and play area (Phase 1) pursuant to outline planning application 02/01337/OUT (revised application. PER /01586/REM Construction of access road and associated landscaping pursuant to outline consent 02/01337/OUT (reserved matters) PRESMZ /00233/REM Reserved matters application for erection of 394 dwellings and associated parking, roads and landscaping (phase 2) pursuant to outline application 02/01337/OUT PRESMZ /01020/REM Reserved matters for landscaping proposals pursuant to outline consent 02/01337/OUT APPRET /01292/REM Reserved matters application for landscaping proposal, including re-profiling of lake edge, channel widening and re-profiling of brook, and the introduction of footpaths, boardwalks, timber pontoons, steps, terraced areas and seating to jubilee lake and surrounding area pursuant to outline consent reference 02/01337/OUT PRESMZ

25 08/01364/DISCON Details submitted pursuant to condition 5 (ground surface materials), 11 (site huts), 13 (adoptable roads) AND 14 (surface water) attached to planning permission 07/01333/REM NPW /01547/DISCON Details submitted pursuant to condition 10 (landscaping) attached to planning permission 07/01333/REM NPW /01756/DISCON Discharge condition 15 (courtyard lighting scheme) attached to planning permission 07/01333/REM NPW /01211/REM Reserved matters application for erection of 42 dwellings and associated garages and carports (alterations to previously approved application 07/01333/REM) PRESMZ /01786/DISCON Details submitted pursuant to condition 12 (sustainability) attached to planning application 07/01333/REM plots 1-52 & (Skye Crescent) CDDIS /01964/REM Reserved matters application for 22 dwellings and associated works pursuant to outline application 02/01227/OUT (revision of part of phase 2 application 08/00233/REM) PRESMZ /02029/DISCON Details submitted pursuant to conditions 1-16 attached to planning application 09/01211/REM NPW /00523/DISCON Details submitted pursuant to discharge of conditions 2 (materials), 3 (levels), 5 boundary treatment, 11 (ground surface materials), 12 (estate road details) and 13 (surface water runoff) attached to planning application 09/01964/REM (Phase 2) DTAPP /00724/DISCON Details submitted pursuant to discharge of conditions 10 (courtyard lighting scheme) and 14 (traffic management plan) attached to planning application 09/01964/REM DTAPP