Tri Sail Development, Water Circle, Elsenham Meadows, Planning Statement - July 2011 - Trisail Towers
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Tri Sail Development, Water Circle, Elsenham Meadows,
Planning Statement UTT/1473/11/FUL
UDC PLANNING
22/7/11
July 2011
Tri Sail Development, Water Circle, Elsenham Meadows
Planning Statement
July 2011
Halcrow Group Limited
Halcrow Group Limited
Elms House 43 Brook Green London W6 7EF
Tel +44 (0)20 3479 8000 Fax +44 (0)20 3479 8001
www.halcrow.com
Halcrow Group Limited has prepared this report for
their sole and specific use. Any other persons who
use any information contained herein do so at their
own risk.
© Halcrow Group Limited 2011TABLE OF CONTENTS
1 Executive Summary 1
1.1 Planning Summary 1
1.2 Policy Implications 1
1.3 Employment Implications 2
1.4 Wider Socio-Economic Benefits 2
1.5 Transport 2
1.6 Planning Benefits 2
2 Planning Statement 4
2.1 Introduction 4
2.2 The Site and Surroundings 4
2.3 The Proposals 5
2.4 Rationale for the Proposals 6
2.5 Planning History 7
2.6 Statutory Consultation Responses to 2010 Planning Application 7
3 Planning Policy 8
3.1 Context 8
3.2 National Policies 8
3.3 Regional Policies 12
3.4 Local Policies 14
4 Market Demand and Employment Analysis 20
4.1 Appraisal of Employment Land Issues 20
4.2 Market Demand 21
4.3 Economic Impact 21
4.4 Economic Growth in Proximity to the Airport 22
5 Conclusions 24
5.1 Summary 24
Appendix 1
Planning for Growth1 Executive Summary
1.1 Planning Summary
This Planning Statement has been produced by Halcrow on behalf of Cheergrey Properties,
in support of a revised planning application for the Tri Sail development at Elsenham
Meadows, in Uttlesford District. The report demonstrates that Tri Sail would deliver significant
planning benefits for the District, in accordance with both adopted and emerging planning
policy. Tri Sail will comprise modern, high-quality business space of exceptional design
quality, which will be an attractive and successful place in which to work and do business
The proposals would maintain the high design quality which has been established on
Elsenham Meadows and have been designed to carefully integrate with both the existing and
emerging development context of the site as a whole. The proposed redevelopment of the
site would help create a new economic centre within the District and play a key role in
delivering a range of economic, social and environmental objectives for the site and the wider
area.
The revised planning application has addressed all the points raised on the earlier proposals.
The Environmental Statement and other supporting documents have been updated. The
buildings have been reduced in height, pulled in to the centre of the site and landscaping and
reduced ground levels have been used to help blend the new development into the
surroundings. These changes have resulted in a much improved scheme, with a reduced
environmental impact.
Cheergrey Properties has made representations on the Uttlesford Core Strategy, beginning
in 2007 and most recently in April of 2010, identifying the potential to allocate further land at
this location. We understand a further consultation exercise on the next version of the Core
Strategy will take place in late 2011. Cheergrey Properties cannot wait any longer for the
resolution of the LDF process and has decided to press ahead with this planning application
now. This project is ready for implementation and Cheergrey Properties has a successful
track record of delivering high quality development at Elsenham Meadows so there is no
reason for further delay.
1.2 Policy Implications
Tri Sail would support several key policies and strategies at local, regional and national level.
The new development will create employment opportunities and contribute to the economic
growth of the London-Stansted-Cambridge Growth Area. It supports and is consistent with
the policy objectives to stimulate entrepreneurship and innovation, increase economic activity
and productivity and deliver high quality, sustainable development.
Technically a small part of the building footprint and access road is within the CPZ and does
not accord with the current CPZ designation. The three proposed buildings would be located
in the southern part of the site, which lies almost wholly outside the Countryside Protection
Zone. Tri Sail West and Central are entirely within the designated employment zone and only
a small proportion of Tri Sail East extends into the CPZ. Moreover, the design of the scheme
incorporates reduced ground levels and earth mounding and landscaping to ensure that the
policy objectives which seek to retain the openness and character of the area will not be
significantly affected. The scheme will deliver the development of a current brownfield site
and the high quality design of the buildings, the high employment densities they would offer
and the relatively small building footprints will minimise the impacts on the local rural
character.
11.3 Employment Implications
Tri Sail development is expected to create some 34 FTE jobs during the construction phase
and some 430 gross FTE jobs during its operational phase. These are expected to be mostly
high-value jobs in the financial and business services sector and the professional services
sector. Allowing for deadweight, leakage, displacement and multiplier effects, the
development is expected to create 133 net additional jobs at a local level and 218 net
additional jobs at a regional level. It is therefore expected to have a major beneficial effect in
terms of employment opportunities. Furthermore, Tri Sail development is expected to
produce some £4.3 million of GVA for the local economy and £7.1 million of GVA for the
regional economy.
The proposed high-quality office accommodation will help further diversify Uttlesford’s
business base, will attract inward investment and will help reduce the levels of local
residents’ outcommuting. It will also contribute to the sustainable balance between housing
and employment growth which is particularly important as Uttlesford has experienced above
average population growth in recent years while the number of jobs has decreased.
Uttlesford residents have high levels of skills and qualifications which will enable them to take
advantage of the high-value jobs that will be available at Tri Sail development. The provision
of high-quality office space will contribute to the District’s requirement for 25 ha of additional
employment land and would increase Uttlesford’s competitiveness as a quality business
location.
1.4 Wider Socio-Economic Benefits
Tri Sail is highly accessible to London Stansted Airport and ithe M11/A120 corridor and s
likely to attract further investment and improve the image and perception of the area as a
high-quality employment location. The proximity to London Stansted Airport is a major benefit
of this location, since Stansted is a core public transport hub with excellent connections by
road, rail, air and bus services. Tri Sail is likely to be particularly attractive to larger, high-
value businesses, serving a regional or national market, that want to expand their operations
or move away from central London and international businesses, attracted by the proximity to
Stansted airport. In addition, the Estate has space to grow in the future to provide further high
quality, modern accommodation, and the available land is in the ownership of an established
developer with a proven track record of delivery. All these factors are likely to prove highly
attractive to the market and will ensure a successful development.
1.5 Transport
The scheme incorporates an extensive new highway network which will improve road safety
and ensure there is sufficient capacity to accommodate traffic generated by the development,
whilst maintaining access for residents of Green Street. The northern end of Green Street will
be stopped up as a public highway, although restricted vehicular access will be provided for
residents of Green Street and for emergency vehicles, if required. A new public footpath will
be dedicated over this length of Green Street. A new public highway will be constructed from
the southern end of Green Street across Elsenham Estate to connect with a new roundabout
junction on Hall Road. The existing shuttle bus service will be extended. Generous areas of
secure cycle parking would also be provided and there is a network of footpaths and
cycleways across the site. The transport proposals and proximity to public transport facilities
at London Stansted airport will minimise the need to travel by car and promote sustainable
transport.
1.6 Planning Benefits
Overall, the planning benefits of the proposed development include:
• A new business hub which will be a focus for higher value jobs and businesses and a
catalyst for further growth and inward investment
2• Provision of high quality business space in an a location with excellent accessibility to
London Stansted Airport, which is a core public transport hub with excellent
connections by road, rail, air and bus services
• Delivery of economic growth within the nationally important London-Stansted-
Cambridge-Peterborough growth area and the regionally significant M11/A120
Corridor
• Provision of a range of new employment opportunities in a number of different sectors
• Effective use of sustainable design and renewable technologies to produce exemplar
buildings
• Effective use of previously-developed brownfield land
• Extensive and creative use of landscaping, including earth mounding, reduced ground
levels and tree planting, to blend the buildings into the landscape and to enhance the
visual appearance of the site, including demolition of the building that it currently
accommodates
• Provision of an element of ancillary retail use, in order to provide a local amenity and
to extend the range of mixed uses on the site
• A carefully considered relationship with the existing businesses on the Estate and
with neighbouring properties
• Full recognition of the opportunities and the constraints and the local development
context which affects the site
32 Planning Statement
2.1 Introduction
This Planning Statement has been produced by Halcrow on behalf of Cheergrey Properties,
in support of a revised planning application for the Tri Sail development at Elsenham
Meadows, in Uttlesford District. Two previous applications have been submitted in 2008 and
2010. The application has been amended to address all the points raised on the earlier
proposals, in consultation with Uttlesford District Council. The Environmental Statement and
other supporting documents have been updated with addendums. The buildings and
surrounding bunds have been reduced in height in response to objections raised to these
aspects of the previous application.
The proposed development will provide much needed employment space and will stimulate
economic growth throughout the District and surrounding region. The type and location of the
office space proposed is likely to prove particularly attractive to firms looking to relocate out
of London, and we consider it is exactly the type of development needed in the District now.
Cheergrey Properties has made representations on the Uttlesford Core Strategy, beginning
in 2007 and most recently in April of 2010, and this scheme has evolved in consultation with
District Council officers. We understand the programme for adoption of the Core Strategy has
been put back by some 6-8 months. Cheergrey Properties cannot wait any longer for the
resolution of the LDF process and has decided to press ahead with this planning application
now. This project is ready for delivery.
The Tri Sail development will comprise modern, high-quality business space of exceptional
design quality, which will be an attractive and successful place in which to work and do
business. The planning application proposes a high quality and sustainable form of
development that has been designed to enhance the unique characteristics of the site and
the surrounding area. The project will provide a much needed stimulus to the local economy
and will enhance the reputation of the District as a business location.
2.2 The Site and Surroundings
The site is located within the M11 corridor, near the A120 and immediately to the north of
London Stansted Airport, which is a core public transport hub with excellent connections by
road, rail, air and bus services. The development of Elsenham Meadows has evolved with
the support of Uttlesford District Council into the third biggest employer after the airport. The
site contains a series of uniquely designed, high quality buildings which are mainly
headquarters for major blue chip companies, as follows:
• The Water Circle building is located to the south, comprising a bottling plant and
offices for Elsenham Water Ltd, the Water Café, HFX and Cheergrey Properties
• ABF/Elsenham Quality Foods Ltd is located on the plot to the south-west of the
application site, to the south of an existing area of surface car parking
• The Hytek building is located to the west of the site, on the opposite side of Green
Street
• The recently extended building accommodated by Molton Brown Ltd is located to the
west of the Hytek building
The application site currently accommodates an existing office building which would be
demolished as a consequence of the proposed development, together with car parking and
an undeveloped area of land.
42.3 The Proposals
In recent years Elsenham Meadows has evolved with a series of unique, high quality designs
and the current proposals would maintain these high standards. The proposed buildings
would accommodate some 6,967.5 sq.m. of B1 office floorspace and 1,393.5 sq.m. floorspace
of ancillary mixed retail, restaurant and health/spa facilities (8,361 sq.m. total). The buildings
would vary in height from five stories to seven stories. Tri Sail development would be an
iconic and visually outstanding development, comprising three inter-connected buildings,
linked by walkways, with an oval footprint. The elevations of the buildings are characterised
by tilted and curved elevational forms and extensive use of glazed finishes. The buildings
have been designed to increase density vertically, rather than horizontally, thereby making
efficient use of the land.
The development is proposed to be set within an area of lowered ground, which would help
to blend the buildings into the wider landscape. The buildings are 7, 6 and 5 storeys
respectively with associated parking to the north of the site in a 3 storey structure with
landscaped roof. The car park forms the northern edge of a 6.5m deep reduced base level
from which the buildings have been constructed. This lower-level piazza reduces the
perceived scale of the buildings and provides private, sheltered amenity space for the offices.
The buildings would be surrounded with banked, grassed areas concealing the adjacent
underground car park which have been designed as unique gardens at the edge of the
Estate. Extensive areas of high quality landscaping would be provided throughout the site.
The landscape proposals include extensive areas of soft landscaping, wild flower meadows,
grass banks and new tree planting, with tracks and paths throughout.
The existing Estate has been developed in a sustainable manner, with hedges, ditches and
ponds. In addition the Estate has a natural effluent plant, sustainable drainage and offers
opportunities for walking and jogging. The new development of Tri Sail development will
develop this further and is being planned to meet BREEAM excellent standards with on-site
renewable energy in the form of sun-chasers, a range of sensors and timing controls to
reduce energy demands, and natural cooling and ventilation facilities. The detailed design of
the buildings also incorporates high levels of insulation and use of high performance glazing.
Water demand will be managed through the use of rainwater harvesting and grey water
systems, and drainage will incorporate SUDS. More detailed information regarding design
and sustainable construction measures is detailed in the accompanying Design and Access
Statement and elsewhere within the Environmental Statement.
350 on site car parking spaces would be provided in a green-roofed underground car park,
located to the north of the proposed buildings (note this has been reduced considerably from
both the original and the 2010 applications). The dimension of the parking bays has been set
at 5.5 metres by 2.9 metres in order to achieve the improved adopted standard from
Uttlesford District Council/Essex County Council. It was considered more important to be fully
policy compliant than to reduce the overall dimensions of the car park, which is underground.
The northern end of Green Street will be stopped up as a public highway, although restricted
vehicular access will be provided for residents of Green Street and for emergency vehicles, if
required. A new public footpath will be dedicated over this length of Green Street. A new
public highway will be constructed from the southern end of Green Street across Elsenham
Estate to connect with a new roundabout junction on Hall Road. This will improve road safety
and will ensure sufficient capacity to accommodate traffic generated by the development.
The existing parking spaces in the Elsenham Estate will be re-designed to provide a safer,
better solution in dedicated off-street areas. Generous areas of secure cycle parking would
also be provided and there is a network of footpaths and cycleways across the site. Further
information is detailed in the accompanying Transport Assessment and the Design and
Access Statement.
52.4 Rationale for the Proposals
The development is designed to provide an attractive location for high value jobs in
businesses which require a location with good strategic accessibility and as such the location
close to London Stansted Airport is ideal because this is a core public transport hub with
excellent connections by road, rail, air and bus services. The standard of development will
set a new benchmark for the District, will diversify the local employment base and act as a
catalyst to attract further growth and investment.
The land is in the single ownership of an established developer with a proven record of
delivery. If permission is granted it will be quickly implemented and further high - quality jobs
will be created in the District. This development would make an important contribution to the
quality and choice of employment sites available within Uttlesford. In the larger regional
setting Elsenham Meadows is seen as an economic centre that will compliment the science
and research activities provided at Chesterford Research Park and at the Wellcome Trust
Genome Campus at Hinxton Hall.
The location and type of development proposed are likely to prove highly attractive to the
market. It is particularly important in the current economic climate that employment
development is responsive to market requirements, or it will not prove successful. Numerous
studies have demonstrated the attraction of the Airport and M11/A120 Corridor from a market
perspective. Tri Sail development would help meet this market demand.
In recent years various safeguarded employment sites have been released for alternative
uses, particularly housing, and further changes of use of employment sites are proposed in
the Core Strategy. There have also been delays in developing allocated sites and
implementing planning permissions for employment development elsewhere. The Tri Sail
development proposal would help to compensate for the lack of development of other
safeguarded sites elsewhere and make an important contribution to meeting employment
needs.
The application site is adjacent to existing businesses at Elsenham Meadows and a
safeguarded employment site and is the next logical phase in the development of the overall
Estate. The design and layout of the proposals has been carefully designed to respect and
enhance the character of the surrounding development and neighbouring uses.
The Tri Sail development will provide high quality, modern office accommodation and feature
many elements which have been identified as being attractive to companies searching for
new premises, including lower costs, availability of parking, freehold ownership and high
quality premises 1. Many other employment sites within the District are either poorly located,
in historic settlements or in unsuitable buildings which do not meet modern requirements.
The proposals offer an opportunity to create a cluster of business and employment activities
which will set a new benchmark for the District.
The Appraisal of Employment Land Report classified all existing employment sites in the
District and includes Elsenham Meadows in the top category of “red” sites – sites with vibrant
and robust existing businesses, with predominantly good quality, modern buildings and good
connections to the transport network. The report also identifies features of importance for
companies searching for new premises, including lower costs, availability of parking, freehold
ownership and condition of premises. The Tri Sail development can satisfy all these criteria
and therefore is likely to prove an attractive site for companies searching for new premises in
Uttlesford.
1
See for example the Appraisal of Employment Land Issues, 2006
6Uttlesford has a high dwelling requirement and the Core Strategy is proposing to provide for
substantial further development by 2026 (10,150 dwellings in the Core Strategy Preferred
Options Report of February 2010, although we understand this figure may currently be being
reviewed). The Tri Sail development proposals are well located in relation to the strategic
road network and the public transport facilities at Stansted Airport and can make a major
contribution to meeting the employment needs of existing and future residents of Uttlesford
District. The scale and quality of jobs to be created will also help to ensure that housing
growth and jobs growth within the District are maintained in equilibrium.
2.5 Planning History
Elsenham Meadows has an established history of employment activities which extends back
at least as far as the 1960s. Planning permission was granted on 9th January 1969 for the
extension of the jam factory (ref SWR/0255/68). Planning applications securing ongoing
enhancement of the Elsenham Estate over time have included the provision of a new
entrance road and access infrastructure (approved on 16th October 1985, ref UTT/0988/85).
Most recently, a series of major planning approvals have enhanced and expanded
commercial operations on the Estate. On 23rd December 2002, planning permission was
granted for the ‘Water Circle’ development, comprising the erection of a building to house a
water bottling plant, offices and the creation of new access and parking provision (ref
UTT/1184/02/FUL). On 24th May 2006, planning permission was granted for the erection of
the second storey office extension to the Molton Brown building (ref UTT/0546/06/FUL).
Two previous applications for three buildings comprised of 11 storeys, nine storeys and
seven storeys were refused in 2009 and, following revisions, in April 2011. Following refusal
of these applications the building heights have been reduced to 7 storeys, 6 storeys and 5
storeys in order to secure planning permission from Uttlesford District Council.
The planning history demonstrates a long record of successful, high quality commercial
development of the Estate. The land is in the single ownership of an established developer
with a proven record of delivery. This creates confidence that if planning permission is
granted for the Tri Sail development proposals the land will be brought forward for
development in the short term, and further high quality jobs will be created in the District.
2.6 Statutory Consultation Responses to 2010 Planning Application
There were no objections to the 2010 planning application from any statutory consultee,
although there were local objections from the Parish Councils. The following statutory
consultees raised no objection to the application:
• Essex County Council Highways Authority
• The Highways Agency
• Natural England (although further ecological surveys were recommended, which have
now been undertaken)
• East of England Development Agency
• Environment Agency
• Stansted Airport Limited
• BAA Airports
• Thames Water
73 Planning Policy
3.1 Context
A range of national, regional and local planning policies and guidance have shaped the
development proposals. This overall policy context includes support for economic growth, the
promotion of sustainability and the efficient use of land.
3.2 National Policies
PPS1
PPS1 provides an overview and general statement of the Government’s objectives for the
planning system and the delivery of wider social, environmental and economic objectives. It
reaffirms the role of the planning system in promoting a strong, stable and productive
economy that aims to bring jobs and prosperity for all and states that good design and
community involvement are key elements in the achievement of sustainable developments. It
also emphasises the contribution of the planning system to the creation of sustainable
patterns of development and states that sustainable development is the core principle
underpinning planning.
Local authorities are encouraged to promote the more efficient use of land through higher
density, mixed use development and the use of suitably located previously developed land
and buildings. Tri Sail development accords with the objectives of PPS1. The development
would make efficient use of a sustainable brownfield site and would encourage job creation
and prosperity. It would also secure high quality design and enhance the quality of the
environment through its respect for the overall character and existing uses in the surrounding
area. Further detailed confirmation of the extent to which the proposals accord with design
quality objectives as set out in PPS1 are contained within the Design and Access Statement.
The Supplement to PPS1 sets out how the planning system should take into account the
consequences of climate change and contribute to reducing emissions. It sets out key
planning objectives, including securing resource and energy efficiency, employing renewable
and low carbon technologies and conserving and enhancing biodiversity. It states that
proposals that will contribute to the delivery of these objectives should expect expeditious
and sympathetic handling of the planning application. The proposed development fully takes
account of the climate change agenda and incorporates renewable technologies and
enhanced environmental performance.
PPG13
PPG13 underlines the key role that planning can play in integrating planning and transport by
reducing the need to travel. It seeks to shape the pattern of development and to influence the
location, scale, density and mix of land uses to encourage sustainable transport choices. The
proposals are fully in accordance with PPG13. The site has excellent accessibility to London
Stansted Airport, which is a core public transport hub with first class connections by road,
rail, air and bus services. A new access is proposed with enhanced capacity which will
improve highway safety and sustainable transport modes are encouraged by improved
provision for pedestrians and cyclists, as well as a shuttle bus for public transport users.
More detailed analysis of the transport implications is contained in the Transport
Assessment.
PPS4
PPS4 establishes a framework for improving employment and productivity in the UK. It is
aimed at regional and local planning authorities in order to allow them to set out their plans
for economic development. The document emphasises the importance of improving the
economic performance of all English regions and aims to reduce the gap in economic growth
8rates between regions and tackle deprivation. PPS4 particularly encourages planning
authorities to provide for long term economic development by:
• identifying and planning for new or emerging sectors likely to locate in their area and
be flexible enough to allow a quick response to changes in economic circumstances
• making the most efficient and effective use of land, prioritising previously developed
land which is suitable for re-use and, subject to the specific policy requirements for
town centres, reflect the different location requirements of businesses, such as the
size of site required, site quality, access and proximity to markets, as well as the
locally available workforce
• at the local level, identifying a range of sites, to facilitate a broad range of economic
development, including mixed use
• adopting a positive and constructive approach towards planning applications for
economic development. Planning applications that secure sustainable economic
growth should be treated favourably.
PPS4 states that local planning authorities should adopt a positive and constructive approach
towards planning applications for economic development. Planning applications that secure
sustainable economic growth should be treated favourably. Policy EC10 contains a number
of criteria that all planning applications for economic development should be assessed
against:
• whether the proposal has been planned over the lifetime of the development to limit
carbon dioxide emissions, and minimise vulnerability and provide resilience to,
climate change
• the accessibility of the proposal by a choice of means of transport
• whether the proposal secures a high quality and inclusive design which takes the
opportunities available for improving the character and quality of the area and the way
it functions
• the impact on economic and physical regeneration in the area including the impact on
deprived areas and social inclusion objectives
• the impact on local employment
In addition, Policy EC11 contains additional criteria which applications for economic
development which are not in accordance with the development plan should be assessed
against. In these circumstances local planning authorities should:
• weigh market and other economic information alongside environmental and social
information
• take full account of any longer term benefits, as well as the costs, of development,
such as job creation or improved productivity including any wider benefits to national,
regional or local economies
• consider whether those proposals help to meet the wider objectives of the
development plan
The Tri Sail application is fully consistent with the objectives for economic development in
PPS4. It will support new or emerging sectors within Uttlesford (finance and business) and
will help respond to the current economic downturn by creating new jobs in the locality. It will
also make efficient use of a brownfeld site and help reduce outcommuting by creating jobs
suitable for the local, highly skilled workforce.
The application is also fully consistent with Policy EC10; the development has been designed
to limit carbon emissions and to achieve a BREEAM excellent rating, the location is highly
accessible to the core public transport hub at Stansted airport, and the design is high quality
and iconic and the landscaping and siting of the development will ensure there are no
adverse impacts on the wider landscape. The new jobs to be created will provide significant
9economic benefits to the District and the project will regenerate a former brownfield site. All
the criteria of Policy EC10 are fully met and complied with.
In terms of Policy EC11 the application is fully consistent with the stated criteria; there are no
negative environmental or social implications, the economic benefits are substantial and
there is a clear market demand for the type of development proposed. The job creation will
bring long term benefits and further investment to the District and the project will help to
deliver the wider objectives of the development plan to provide enough land and premises of
the right type and to provide opportunities for catalytic employment growth based on
accessibility to the airport. Tri Sail is therefore fully consistent with and supportive of PPS4
objectives for employment land provision and the detailed criteria of Policies EC10 and EC11
relating to applications for employment development.
Policy EC14.3 and EC15 require that a sequential assessment is required for planning
applications for main town centres uses that are not in an existing centre and are not in
accordance with an up to date development plan. This requirement applies to extensions to
retail or leisure uses only where the gross floor space of the proposed extension exceeds
200 square metres. The separate Retail Impact Assessment Report contains this sequential
assessment, which demonstrates that that there are no alternative sites which are suitable,
available or viable to accommodate the proposed development.
Policy EC16 applies to applications for retail development that are not in a centre and not in
accordance with an up to date development plan. Such applications should be assessed for:
• the impact of the proposal on existing, committed and planned public and private
investment in the catchment area of the proposal
• the impact of the proposal on town centre vitality and viability
• the impact of the proposal on in-centre trade/turnover and on trade in the wider area,
taking account of current and future consumer expenditure capacity in the catchment
area
These matters are fully assessed in the Retail Impact Assessment. This demonstrates that
there is more than sufficient forecast retail expenditure growth capacity to ensure there is no
impact on the viability and vitality of retail centres within the catchment area within which Tri
Sail is located. The proposed development is expected to contribute towards accommodating
future needs, rather than impacting negatively on the current or planned retail provision and it
is therefore consistent with policy EC16.
Policy EC6 of PPS4 is primarily a plan making policy, but we nevertheless consider Tri Sail is
consistent with this policy also. Policy EC6 provides that:
In rural areas, local planning authorities should:
• Strictly control economic development in open countryside away from existing
settlements, or outside areas allocated for development in development plans
• Identify local service centres (which might be a country town, a single large village or
a group of villages) and locate most new development in or on the edge of existing
settlements where employment, housing (including affordable housing), services and
other facilities can be provided close together
The first point clearly recognises that development plans may allocate sites for employment
uses away from existing settlements. Much of Tri Sail is allocated as an Employment Zone
and Cheergrey has made representations on the Core Strategy to designate a wider area.
However, the Core Strategy process is very protracted and Cheergrey has decided to press
ahead with the planning application ahead of the Core Strategy. The location and principle of
the development here is consistent with EC6.
10The second point is a general presumption in favour of development to be located in or on
the edge of settlements, but it does permit exceptions. The key factor here is that Uttlesford
is a very rural district and the settlements may not we well located or have the capacity to
accommodate employment development. In these circumstances it is appropriate to consider
other location factors and here the advantages of proximity to the airport should be accorded
considerable weight. Through the wide range of public transport connections Stansted
provides Tri Sail will effectively have excellent links to local centres of population. Moreover,
Tri Sail does include an element of mixed uses to cater for the employee population of the
Elsenham Meadows. We consider these are exceptional circumstances of the sort which are
not ruled out by EC6.
In summary therefore we maintain that, although Policy EC6 is primarily a plan making
policy, we can find no conflict with the Tri Sail proposals.
PPS7
PPS7 states that Planning authorities should support a wide range of economic activity in
rural areas. Local Development Documents should identify suitable sites for future economic
development, particularly in those areas where there is a need for employment creation and
economic regeneration and set out their criteria for permitting economic development in
different locations to facilitate healthy and diverse economic activities.
The Tri Sail development is consistent with the policy objectives in PPS 7. Elsenham
Meadows is an established mixed use business cluster and contains a safequarded
employment site. The new development would create employment opportunities for local
residents in nearby settlements and across a wide rural area. It would help to further diversify
Uttlesford’s business base, by attracting inward investment, particularly from high quality
businesses attracted by the proximity to London Stansted airport, which is a core public
transport hub. Cheergrey Properties are promoting the allocation of Elsenham Meadows as
an employment site in the Core Strategy, in accordance with PPS7.
Presumption in Favour of Sustainable Development
The Government has published draft wording of the presumption in favour of sustainable
development to give an early indication of the Government's intentions for the new National
Planning Policy Framework, which will be published in July. The presumption is as follows:
There is a presumption in favour of sustainable development at the heart of the planning
system, which should be central to the approach taken to both plan-making and decision-
taking. Local planning authorities should plan positively for new development, and approve
all individual proposals wherever possible.
Local planning authorities should:
• Prepare local plans on the basis that objectively assessed development needs should
be met, and with sufficient flexibility to respond to rapid shifts in demand or other
economic changes
• Approve development proposals that accord with statutory plans without delay and
• Grant permission where the plan is absent, silent, indeterminate or where relevant
policies are out of date
All of these policies should apply unless the adverse impacts of allowing development would
significantly and demonstrably outweigh the benefits, when assessed against the policy
objectives in the National Planning Policy Framework taken as a whole.
This Statement fulfils the commitment given in the Plan for Growth, published on 23 March
2011 (Appendix 1). This states that the “Government's clear expectation is that the answer
11to development and growth should wherever possible be 'yes', except where this would
compromise the key sustainable development principles set out in national planning
policy”.
3.3 Regional Policies
Regional Spatial Strategy
The East of England Plan (2008) is the Regional Spatial Strategy (RSS). The RSS proposes
five objectives:
1. To reduce the region’s impact on, and exposure to, the effects of climate change
2. To address housing shortages in the region
3. To realise the economic potential of the region and its people
4. To improve the quality of life for the people of the region
5. To improve and conserve the region’s environment
All these objectives, with the exception of objective 2, are directly relevant to this application
and would be supported by it.
In terms of employment growth, Policy E1 aims at an increase of employment of 452,000
jobs between 2001 and 2021, 56,000 of which are envisaged for the areas categorised under
the rest of Essex, including Braintree, Brentwood, Chelmsford, Epping Forest, Harlow,
Maldon and Uttlesford. The Strategy states that the employment targets are broadly aligned
with the Region’s housing target of 508,000 additional dwellings for the East of England as a
whole and 8,000 dwellings for Uttlesford. The three largest Growth Areas in the Region
include the London-Stansted-Cambridge-Peterborough Growth Area.
POLICY E2: Provision of Land for Employment
Policy E2 states that Local Development Documents should ensure that an adequate range
of sites/premises is allocated to accommodate the full range of sectoral requirements to
achieve the indicative job growth targets of Policy E1 and the needs of the local economy
revealed by up-to-date employment land reviews. Sites of sufficient range, quantity and
quality to cater for relevant employment sectors should be provided at locations which:
• minimise commuting and promote more sustainable communities by achieving a
closer relationship between jobs and homes;
• meet the needs of the region’s sectors and clusters identified in Policy E3, the
Regional Economic Strategy or through Local Development Documents;
• provide appropriately for identified needs for skills-training and education;
• maximise use of public transport;
• minimise loss of, or damage to, environmental and social capital. This will often mean
giving preference to the re-use of previously developed land and the intensification of
development within existing sites
• avoid any adverse impact on sites of European or international importance for wildlife.
RSS Policy E4 provides that Local Development Documents should support the sustainable
and dynamic growth of inter-regional and intraregional sectors and business clusters. The
text supporting this policy makes it clear that such clusters include transport gateways and
finance and business services, both of which should be as essential components of a
successful regional economy.
With reference to the Stansted Airport, Policy E7 specifies that land within the boundaries of
the Airport should be safeguarded for employment that is directly related to the Airport’s
operation. Employment development not directly related to the Airport’s operation should be
located at Harlow and other nearby towns, identified through Development Plan Documents
in accordance with the RSS spatial strategy.
12Most of the policies in the RSS relate primarily to policies and approaches within Local
Development Documents, rather than to specific planning applications but the overall
objectives and priorities are clearly relevant. The planning application would support 4 of the
5 overriding objectives for the RSS, as has been stated, by creating jobs, thereby improving
the quality of life of local residents and helping to realise the economic potential of the region.
The approach to sustainable design and construction and the careful siting and overall
design of the development will support climate change and environmental objectives.
The location of the site within one of the region’s Growth Areas, with excellent accessibility
by road and public transport, will help to create jobs alongside the homes and thereby
support sustainable communities and RSS Policy E1. In terms of Policy E2 the application
will help meet local job growth targets and local economic needs and will add to the range,
quantity and quality of employment sites and the needs of relevant employment sectors. The
site has excellent accessibility by public transport, is located within a Growth Area and will
therefore contribute to sustainable communities, makes productive use of a brownfield site
and minimises any impacts on the environment. As such it meets all the relevant criteria from
Policy E2.
The application is fully compliant with Policy E3 because it will provide strong support to the
identified business clusters; namely the transport gateway at London Stansted Airport and
financial/business services.
In terms of Policy E7 the application will provide employment which is not directly related to
the Airport’s operation, but for which proximity to the airport is a major locational requirement.
Policy E7 suggests this type of development should be located at Harlow or at other locations
identified in Development Plan Documents. In terms of Harlow as an alternative location, our
analysis suggests this is not likely to provide attractive to the type of firms likely to locate at
Tri Sail. These will be predominantly high value, highly skilled jobs and employers for whom
proximity to the airport is a major business requirement. If these firms cannot locate at Tri
Sail they are very unlikely to consider Harlow as a realistic alternative, because it is too far
from the airport and has a very different skill base and economic profile. A small part of the
application site is not currently identified as an Employment site but Cheergrey has submitted
representations to the Core Strategy consultation suggesting the wider area should be
designated for employment uses. Overall the application is considered consistent with Policy
E7, and is not considered likely to conflict with objectives to regenerate Harlow.
It is important to note that there is currently considerable uncertainty surrounding the status
of Regional Spatial Strategies. On the 6 July 2010 The Chief Planning Officer wrote to all
Local Planning Authorities in England advising that the Secretary of State had announced the
revocation of Regional Strategies with immediate effect. This was then subject to a legal
challenge by Cala Homes. Subsequently, the Secretary of State wrote to Local Planning
Authorities and to the Planning Inspectorate on 27 May 2010 informing them of the
Government’s intention to abolish Regional Strategies in the Localism Bill and that he
expected them to have regard to this as a material consideration in planning decisions. This
too was subject to a legal challenge. The Court of Appeal handed down its judgement on 27
May. The court declared that the proposed abolition of the strategies is not a material
consideration in plan-making. It said the intention must be viewed in the context of both the
Localism Bill's early stage in the legislative process and the need to undertake strategic
environmental assessment of the effects of revoking the strategies. This uncertainty is likely
to persist until the Localism Bill takes effect around April 2012.
In terms of development management, the Court also held that a prospective change to
planning policy was capable of being a material consideration for the purposes of s70(2) of
the Town and Country Planning Act 1990 and s38(6) of the 2004 Act. In each case it was for
the decision maker’s planning judgment to decide the weight to be given to prospective
13changes – the means by which the change in policy would be effected went to the weight, not
the materiality, of the proposed change. The policy and objects of the legislative scheme,
construed as a whole, required that those responsible for determining planning applications
and appeals should look beyond the development plan, of which RSSs were a part, and also
have regard to other material considerations – these could include the fact that development
plan policies had become outdated or were no longer relevant because of changes in
circumstances, and as such, might indicate that the decision should not accord with the
development plan.
The Regional Economic Strategy for the East of England
The Regional Economic Strategy sets out the vision for the Region for 2031, which is to be
internationally competitive with a global reputation for innovation and business growth, to be
a region that harnesses and develops the talents and creativity of all, and to be at the
forefront of the low-carbon and resource-efficient economy. The Strategy states that
productivity growth, an increase in entrepreneurship and innovation and ensuring the
Region’s attractiveness for inward investment, are essential to raise the region’s economic
performance. With specific reference to the London Arc region, of which the M11 corridor is
part, the Strategy identifies a number of strategic ambitions, including support for measures
to raise employment rates and the profile of higher-value employment across the arc, as well
as enabling cluster expansion and business innovation around the area’s key businesses.
The Tri Sail development would support the objectives of the Regional Economic Strategy of
growth, innovation, resource efficiency and skills for productivity. It would also enable cluster
expansion and business innovation and facilitate catalytic and induced investment from
airport associated growth in a strategic location within the London-Stansted-Cambridge
Growth Area (M11 corridor), the A120 Corridor and the London Arc.
3.4 Local Policies
Uttlesford Local Plan
The Uttlesford Local Plan sets out specific policies including Economic Activity, Natural and
Built Environment, Housing, Leisure and Cultural Provision, Retailing and Services,
Transport and Telecommunications. In relation to the economy, the Plan’s policies aim to:
• Ensure adequate employment land provision for existing businesses and to facilitate new
employment;
• Ensure the provision of employment land across the district and facilitating alternative
employment other than Stansted airport;
• Provide employment land close to where people live and accessible to all; and
• Diversify the local economy in the rural area.
The Uttlesford Local Plan identifies the southern part of the site under Policy E2 as
Employment Land to be Safeguarded. The northern part of the site is identified under Policy
S8 as Countryside Protection Zone. The proposed development would be wholly in
accordance with the provisions of Policy E2 and with the economic objectives of the Plan.
14Policy S8 in respect of the Countryside Protection Zone provides that planning permission
will only be granted for development that is required to be there, or is appropriate to a rural
area. There will be strict control on new development. In particular development will not be
permitted if it would promote coalescence between the airport and existing development in
the surrounding countryside or it would adversely affect the open characteristics of the area.
The site of the Tri Sail buildings is partly located within the Countryside Protection Zone and
so, technically, this part of the site does not accord with Policy S8. However, we consider that
the detailed proposals do accord with the intended objectives of Policy S8, for the following
reasons:
The three proposed buildings would be located in the southern part of the site, which lies
almost wholly outside the Countryside Protection Zone. Tri Sail West and Central are entirely
within the designated employment zone and only a small proportion of Tri Sail East extends
into the CPZ. This is illustrated on drawing no. 1450 PL70A below, which superimposes the
Local Plan employment zone over the Tri Sail site plan. We have calculated from this
drawing that only a 165 sq.m. footprint of Tri Sail East is outside the safeguarded
employment area.
15The reduced level setting of the buildings, their reduced height and the proposed earth
mounding and tree and shrub planting will screen views from local residents and the wider
area. The proposed access road, junction improvement and underground parking are
proposed in the remainder of the site, within the Countryside Protection Zone. The
underground parking will have a green roof and be landscaped such that the visual
appearance and landscape character will be enhanced. The proposed access road and
junction improvement will have no impact on the wider landscape or character of the area.
Overall, the development would not promote coalescence between the airport and existing
development nor adversely affect the open characteristics of the area or the surrounding
countryside. It is also important to note that the site already accommodates an office building,
which would be demolished as part of the implementation of the proposed development.
Other policies contained within the Uttlesford Local Plan that have been fully taken into in
formulating the development proposals are:
Policy GEN1 – Requires that access to the main road network must be capable of carrying
the traffic generated by the development safely. Details of compliance with this policy are
contained in the accompanying Transport Assessment.
Policy GEN2 – Design
This policy sets out a number of design criteria which all development must meet.
Development must:
a) Be compatible with the scale, form, layout, appearance and materials of surrounding
buildings
b) Safeguard important environmental features in its setting and help to reduce the visual
impact of new buildings where appropriate
16c) Provide an environment, which meets the reasonable needs of all potential users
d) Help to reduce the potential for crime
e) Help to minimise water and energy consumption
f) Have regard to guidance on layout and design adopted as supplementary planning
guidance to the development plan
g) Help to reduce waste production and encourages recycling and reuse
h) Minimise the environmental impact on neighbouring properties by appropriate mitigating
measures
i) Not have a materially adverse effect on the reasonable occupation and enjoyment of a
residential or other sensitive property, as a result of loss of privacy, loss of daylight,
overbearing impact or overshadowing.
The Tri Sail application is considered compatible overall with Policy GEN2. The issue of
compatibility with surrounding buildings, criteria (a), needs to be considered within the
context of the wider setting of the development. There are several listed buildings in the
vicinity of the site, which have a very different character to the modern, iconic design
proposed for Tri Sail. However, as demonstrated in the Visual Impact Assessment, these
listed building have no direct visual relationship to Tri Sail and their views of the development
will be screened by changes of level and by existing and proposed landscaping. Moreover,
the local character is highly influenced by the activities and taller buildings at London
Stansted airport, including the control tower, terminal, aircraft hangars and radar facility, as
well as the high quality, modern buildings on the existing Elsenham Estate, which are
considerably larger in height and mass than the neighbouring residential buildings. PPS1
advises that local planning authorities should not attempt to impose architectural styles or
particular tastes or stifle innovation and originality in design, and in our view traditional,
vernacular design would be unsuitable for a modern office development. Tri Sail is
compatible with the wider character of the area within which it will be set and the design is
entirely appropriate for the type of high quality employment in financial and business services
that the development is targeting. This is fully compatible with criteria (a) and (c) of Policy
GEN2.
The Environmental Statement demonstrates that Tri Sail will have no adverse impact on the
environment and will make a positive contribution to certain aspects, such as ecology and
noise for example. It also demonstrates that there will be no adverse affects on neighbouring
properties, so the criteria in GEN2 (b), (e) (g), (h) and (i) will be fully met. The Design and
Access Statement fully explains the design philosophy of the project and demonstrates that
GEN2 criteria (d) and (f) are met.
Policy GEN3 – Requires measures to ensure flood protection, including
submission of a Flood Risk Assessment where appropriate. The Flood Risk Assessment
responds fully to this requirement.
Policy GEN5 – Requires that glare and spillage be minimised in developments accompanied
by lighting proposals. Details of compliance with this policy are contained in the
accompanying Environmental Statement.
Policy GEN6 – Requires provision for infrastructure including community facilities, school
capacity, public services, transport provision and other infrastructure where appropriate. The
proposed development would respond to required infrastructure provision for the business
community at the Elsenham Estate through the incorporation of the ancillary retail floorspace.
Policy GEN7 – Requires nature conservation surveys to be undertaken and
mitigation/compensation measures to be developed where required. Details of compliance
with this policy are contained in the accompanying Environmental Statement.
17Policy GEN8 – Requires the number, design and layout of parking spaces to be appropriate
for the location. Details of compliance with this policy are contained in the accompanying
Transport Assessment.
Policy ENV2- Requires that development affecting a listed building should be in keeping with
its scale, character and surroundings. There are a number of Listed Buildings in the area
surrounding Tri Sail but the new development would not have any impact on them or their
setting. The Listed Buildings concerned are all either a considerable distance from the
proposed development and/or are separated by extensive landscaping, as follows:
Old Dairy Farmhouse is some 100 metres from Tri Sail, across Green Street. It will have
oblique views of the development, which will be screened by hedgerows, earth mounding
and planting. Note the planning application will also lead to a significant reduction in traffic on
Green Lane, adjacent to Old Dairy Farmhouse.
Sumach Cottage and Brewer Cottage are approximately 100 metres from Tri Sail, on the
opposite side of the Water Circle Building. They will have indirect views of the development,
which will be screened by the Water Circle Building, earth mounding and planting. (Note the
residents of this property have not objected to the planning application).
Motts Hall and adjoining barn is some 290 metres from Tri Sail. It will have oblique views of
the development, which will be screened by the Water Circle Building, hedgerows, earth
mounding and planting.
Home House and barn is some 120 metres from Tri Sail, on the opposite side of Hall Road.
It will have long views of the development, filtered by hedgerows, earth mounding and
planting, and seen against the backdrop of Stansted Airport.
Loppingdales Farmhouse and Cottages and Tumbleweed Cottage are even further away at
over 350 metres and 500 metres respectively (see View 5 of the Landscape and Visual
Impact Assessment). At these distances there will no impacts at all from Tri Sail.
The new development at Tri Sail will have no direct affect on any of the Listed Buildings
themselves, or their curtillages, so any affect on setting will be determined by the visual
relationships between the buildings. This is dealt with comprehensively in the Landscape and
Visual Impact Assessment (LVIA), which forms part of the Environmental Statement. Figures
2 and 3 of the LVIA clearly identify the Listed Buildings concerned and Table 4 considers the
magnitude and impacts significance of the effects on these and other buildings. The residual
visual effect on completion of the development is not significant for the properties concerned.
This assessment is supported by the evidence from the photomontages using the verifiable
images. Views 1, 2 and View 3 are specifically chosen to represent local views from locations
at or nearby to Old Dairy Farmhouse and Home Farm and these demonstrate that there will
not be any adverse effects.
Policy E3 – Requires developments that would generate new employment opportunities to be
accessible by people with disabilities. Policy RS1 requires new retail development to be
accessible by all. Details of compliance with these policies are confirmed in the
accompanying Design and Access Statement. This has been further developed and
expanded in discussions with the UDC Inclusive Design Group.
Core Strategy
The District Council is in the early stages of preparing a Local Development Framework,
which in due course will supersede the provisions of the adopted Uttlesford Local Plan. The
Preferred Options report for the new Core Strategy Development Plan Document was initially
published for public consultation in November 2007, with a further round of consultations
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