Agenda item

PL.2022.01975: Hawthorn Works, Westwells, Corsham, SN13 9RD

Meeting of Northern Area Planning Committee, Wednesday 13 September 2023 2.00 pm (Item 60.)

Erection of a new data centre, plant, highways works, vehicle access, infrastructure, enclosures, landscaping and other associated works.

Minutes:

Public Participation

· Tim Gent (Savills) spoke in support of the application.

· Robert Silvester (Ark Data Centres) spoke in support of the application.

The Development Management Team Leader, Simon Smith, introduced a report which recommended that the application for the erection of a new data centre, plant, highways works, vehicle access, infrastructure, enclosures, landscaping and other associated works, be approved. Key details were stated to include the principal of development, access, parking and landscaping as well as the visual impact of the new buildings on surrounding residential areas.

Attention was drawn to the location of the proposed development on the Spring Park complex, an area of ex-military buildings converted for employment uses. The application site was immediately adjacent to existing development land used for similar purposes, and was of similar scale, so complied with Core Policy 34 of the Wiltshire Core Strategy. It was also noted that Corsham Town Council were supportive of the application subject to sufficient planting to help screen the building.

Members of the Committee then had the opportunity to ask technical questions of the officer.

In response to queries, the Development Management Team Leader acknowledged that the proposed development would have an impact on the character of Rowan Lane, but explained that this was deemed to be acceptable and highlighted that a number of conditions had been imposed and landscaping scheme. He clarified that the existing buildings on the site did not make lots of noise and Wiltshire Public Protection Team had not raised objections in relation to the possibility of incremental noise increases impacting potential future developments.

Members of the public then had the opportunity to present their views to Committee as detailed above. The representative from Ark Data Centres confirmed that the centre would employ adiabatic cooling to regulate temperature, so there would be limited scope to recover excess heat.

Cllr Dr Brian Mathew read out a statement on behalf of the unitary division member, Cllr Derek Walters.

So that the Committee had something to debate, Cllr Steve Bucknell, seconded by Cllr Peter Hutton, proposed that the application be granted in line with the recommendations outlined in the report.

A debate followed where it was discussed whether it would be possible to condition the colour and shading of the building. The Development Management Team Leader confirmed that it would be possible to delegate to officers an additional condition about the gradation of colourisation of the external cladding.

Cllr Dr Mathew proposed an amendment that a potential condition about the colouring of the building was delegated to officers. Cllr Dr Mathew’s proposal was accepted by Cllr Bucknell and Cllr Hutton, the proposer and seconder of the original motion, so was added to the substantive motion. The substantive motion then went to a vote and it was:

RESOLVED: That planning permission be GRANTED in accordance with officer recommendation subject to the potential for an additional condition, relating to the gradation of colouration on the cladding being discussed with the applicant prior to issue of decision, being delegated to officers.

Conditions

Limits of Permission

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 asamended by the Planning and Compulsory Purchase Act 2004.

2. The floorspace created on this site shall be used for data storage and processing (together with any ancillary uses) only and for no other purpose, including any other uses that may fall within class B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or any provision equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification.

REASON: For clarity and the avoidance of doubt and because of the location of the development and particular nature and conclusions of the transport assessment undertaken.

Construction

3. The building works required to implement this development shall only be carried out between the hours of 08:00 to 18:00 on Monday to Friday and 08:00 to 12:30 on Saturdays, and not at all on Sundays and Bank Holidays, unless otherwise agreed in writing by the Local Planning Authority.

REASON: In the interests of residential amenity.

4. No construction vehicles may arrive or depart, be loaded or unloaded at or from the site outside the hours of 08:00 to 18:00 Mondays to Fridays, and outside the hours of 08:00 and 12:30 on Saturdays, unless otherwise agreed in writing by the Local Planning Authority.

REASON: In the interests of residential amenity.

5. Prior to the commencement of any demolition works on the site, a Demolition Method Statement and Environmental Management Plan shall have been submitted to and approved in writing by the Local Planning Authority. The Statement shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the demolition phase, including but not
necessarily limited to, the following:

a) the parking of vehicles of site operatives and visitors;
b) storage of plant and materials used in constructing the development;
c) the erection and maintenance of security hoarding including decorative displays and facilities for
public viewing, where appropriate;
d) wheel washing facilities;
e) measures to control noise and the emission of dust and dirt during construction so as to protect
the amenity of surrounding residential occupiers;
f) a scheme for recycling/disposing of waste resulting from demolition and construction works; and
g) measures for the protection of the natural environment and details of the arrangements to be made for the drainage during the construction phase.

Development shall be carried out in strict accordance with the approved Statement.

REASON: In the interests of residential amenity.

6. No development shall commence on site (excluding demolition works), until a Construction Method Statement, which shall include the following:

a) the parking of vehicles of site operatives and visitors;
b) loading and unloading of plant and materials;
c) storage of plant and materials used in constructing the development;
d) the erection and maintenance of security hoarding including decorative displays and facilities
for public viewing, where appropriate;
e) wheel washing facilities;
f) measures to control the emission of dust and dirt during construction;
g) a scheme for recycling/disposing of waste resulting from demolition and construction works;
h) measures for the protection of the natural environment and details of the arrangements to be made for the drainage during the construction phase; and
i) hours of construction, including deliveries; has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved construction method statement.

REASON: To minimise detrimental effects to the neighbouring amenities, the amenities of the area in general, detriment to the natural environment through the risks of pollution and dangers to highway
safety, during the construction phase.

Noise

7. The development and all operation of the data centre shall be carried out in accordance with the specifications and attenuation recommendations contained within the submitted Noise Impact
Assessment (prepared by Sweco UK Ltd, document reference:

65204497-SWE-ZZ-XX-RP-YA-0001 REV.03, dated 9th December 2021).

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

8. In accordance with the details hereby approved, all fixed and mobile plant to be installed on the site shall be enclosed. Any changes to the development which include proposals for external plant to be provided without enclosure shall be the subject of a separate planning application.

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

9. During normal operational conditions, all plant (including generation plant, air conditioning units, extraction systems or other air handling plant etc.) shall be so sited and designed in order to achieve a Rating Level (BS4142:2014) of at least 5dB below the background noise level (LA90T) determined at the nearest noise sensitive receptor, when the plant is intended to operate.

At the request of the Local Planning Authority (LPA), the plant operator shall, at their own expense, employ a suitably competent and qualified person to measure and assess, whether noise from the plant meets the specified level. The assessment shall be commenced within 21 days of the notification, or such longer time as approved by the LPA. The consultant should use BS4142:2014 methodology to carry out the assessment and provide further details on the generators expected frequency of use and duration.

Good internal standards set out in BS8233:2014 and WHO will need to be achieved at the nearest sensitive receptors.

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

Drainage

10. Notwithstanding the submitted Sustainable Drainage Strategy (prepared by Waterman Infrastructure & Environment Ltd, dated January 2022), no development (with the exception of demolition works) shall take place on site until the following details have been submitted to and
agreed in writing by the Local Planning Authority:

a) The proposed rainwater harvesting scheme.
b) Detailed hydraulic modelling results covering:

i. Calculations and drawings for the drainage system design showing conveyance routes are designed to convey without flooding the critical 1 in 30 year rainfall event.

ii. Calculations and drawings for the drainage system design showing attenuation features are designed to attenuate without flooding the critical 1 in 100 year rainfall event + climate change.

iii. Hydraulic Models should set the MADD factor / additional storage volume factor to 0m3/ ha in order to prevent an overestimation of storage capacity in the proposed drainage network.

The development shall be carried out in complete accordance with the drainage details so agreed.

REASON: To comply with Core Policy 67: Flood Risk within the Wiltshire Core Strategy (adopted January 2015) and to ensure that the development can be adequately drained without increasing flood
risk to others.

Ecology and Landscaping

11. The development hereby approved shall be carried out in strict accordance with:

• The Preliminary Ecological Appraisal (Daniel Ahern Ecology, 19th December 2021).
• Bat Activity Survey Report (Daniel Ahern Ecology, May 2022).
• Biodiversity Net Gain Assessment (Daniel Ahern Ecology, February 2022).

REASON: To ensure adequate protection and mitigation for protected species.

12. Prior to the commencement of development, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Environmental
Management Plan (CEMP) shall be submitted to the local planning authority for approval in writing.

The Plan shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the
following:

a) Identification of ecological protection areas/buffer zones and tree root protection areas and
b) details of physical means of protection, e.g. exclusion fencing.
c) Working method statements for protected/priority species, such as nesting birds and reptiles.
d) Mitigation strategies already agreed with the local planning authority prior to determination,
e) such as for great crested newts, dormice or bats; this should comprise the preconstruction/construction related elements of strategies only.
f) Details and locations of any temporary construction lighting required.
g) Work schedules for activities with specific timing requirements in order to avoid/reduce
h) potential harm to ecological receptors; including details of when a licensed ecologist and/or
i) ecological clerk of works (ECoW) shall be present on site.
j) Key personnel, responsibilities and contact details (including Site Manager and
k) ecologist/ECoW).
l) Timeframe for provision of compliance report to the local planning authority; to be completed
m) by the ecologist/ECoW and to include photographic evidence.
Development shall be carried out in strict accordance with the approved CEMP.

REASON: To ensure adequate protection and mitigation for ecological receptors prior to and during construction, and that works are undertaken in line with current best practice and industry standards and
are supervised by a suitably licensed and competent professional ecological consultant where applicable.

13. All lighting shall be installed and maintained in accordance with the approved details as set out the External Lighting Report Rev. D (Waterman Building Services, 10th November 2021) and no other
lighting shall be installed.

REASON: To ensure the boundary features to the west and south are maintained as dark corridors for bats.

14. Prior to the start of construction (excluding demolition works), a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP will include long term objectives and targets, management responsibilities
and maintenance schedules for each ecological feature within the development. The LEMP will provide a mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets.

The LEMP shall also include details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured. The LEMP shall be implemented in full and for the lifetime of the development in accordance with the approved details.

REASON: To ensure the long-term management of landscape and ecological features retained and created by the development, for the benefit of visual amenity and biodiversity for the lifetime of the scheme.

15. All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, 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 otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

16. At no time during the construction phase shall there be any working outside of daylight hours which results in vehicle movements, people or machinery being used on the site.

REASON: The introduction of artificial light/noise disturbance may mean that qualifying bat species are disturbed and/or discouraged from using established flyways or foraging areas. Such disturbance will constitute an offence under relevant wildlife legislation.

Highways

17. The development hereby permitted shall not be first brought into use until the whole of the parking area/turning areas for the accesses off Rowan Lane have been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.