Mr G Richards
Planning Services
Bedford Borough Council
Borough Hall
Cauldwell Street
Bedford
MK42 9AP
Date:
27th January 2016
Our Ref: MLP/W-388/P
Your Ref: 11/02569/MAO
Dear Mr Richards
SECTION 73 APPLICATION FOR DELETION OF CONDITION NO. 10 OF PLANNING PERMISSION
11/02569/MAO DATED 22ND JULY 2015 IN RESPECT OF THE DEVELOPMENT OF A CONTINUING CARE
RETIREMENT VILLAGE (CLASS C2) COMPRISING CARE HOME WITH NURSING AND DEMENTIA
SUITES, RESTAURANT, CARE APARTMENTS, SPA AND PHYSIO AND ASSOCIATED WORKS –
WYBOSTON LAKES, GREAT NORTH ROAD, WYBOSTON, BEDS, MK44 3BA
We are instructed to submit the enclosed application for the deletion of condition no. 10 of planning permission
11/02569/MAO dated 22nd July 2015, which requires an archaeology mitigation strategy with field work
investigation to be undertaken. With this letter we are enclosing herewith the following:
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Completed application form & Certificate
Site Location Plan
Trial Hole Pit Plan for Soil Investigation
Soil Investigation Report
Geo-environmental Site Report
As the application is being submitted via the Planning Portal we are forwarding a cheque for the sum of £195
under separate cover.
You may recall that in February 2013 we pointed out the Wyboston Lakes Complex is largely a reclaimed
former gravel extraction site and most of the existing and proposed developed areas have been restored with
pulverised fuel ash landfill. This was explained in the Environmental Desk Study that accompanied the
application and in these circumstances we questioned whether an archaeological investigation condition was
appropriate for this development. This same situation in fact arose in connection with application
12/00234/FUL for the erection of an equipment store on land adjacent to the proposed CCRV development
and following a ground investigation in connection with that development the Council’s archaeology officer
subsequently agreed an archaeology investigation was unnecessary. Despite having queried the matter the
condition, no. 10, was retained on the final decision letter dated 22nd July 2015.
Following the grant of outline planning permission our client is in discussion with an operator for the CCRV
development and it is hoped to submit a detailed scheme in the near future and this has prompted further
consideration to be given to the planning condition requirements.
As already stated, the Wyboston Lakes Complex is largely a reclaimed former gravel extraction site and most
of the existing and proposed developed areas have been restored with pulverised fuel ash landfill. This is
explained in the Environmental Desk Study that accompanied the application and we are including this
document with the attached application submission. Furthermore, previous works in connection with laying of
services and drains across the area have confirmed the landfill extends over the area of the proposed CCRV.
For completeness our client has undertaken a trial hole pit soil investigation across the site, which confirms
the site is underlain by made up ground with mostly pulverised fuel ash material, which was found in the pits
marked green on the attached Trial Hole Pit Plan. With the application we are including the full Soil
Investigation Report.
Directors: Philip Halmshaw BSc (Hons) MRICS, Martin Page DipEP, MRTPI, Sheila Smyth BSc (Hons) MRICS
Consultant: David Barford FRICS Associates: Martin Olley BSc MRICS, Howard Westgate BSc (Hons)
REGULATED BY RICS Barford + Co is the trading name of Barford + Co Ltd, Registered in England No. 5181593. Registered Office: Howard House, 17 Church Street, St Neots, Cambridgeshire, PE19 2BU.
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The accompanying evidence clearly supports that the site does not contain any archaeological heritage assets.
Paragraph 040 in the revision dated 06.03.2014 of the Planning Practice Guidance clarifies ‘Decision-taking
regarding such assets requires a proportionate response by local planning authorities. Where an initial
assessment indicates that the site on which development is proposed includes or has potential to include
heritage assets with archaeological interest, applicants should be required to submit an appropriate deskbased assessment and, where necessary, a field evaluation. However, it is estimated following an initial
assessment of archaeological interest only a small proportion – around 3 per cent – of all planning applications
justify a requirement for detailed assessment’. In the circumstances we have outlined and given the guidance
we consider the need to undertake an archaeology investigation is inappropriate in this instance and this does
not meet the ‘tests’ of being necessary and reasonable in paragraph 206 of the National Planning Policy
Framework. Accordingly we are seeking the deletion of condition no. 10.
We trust the accompanying information will be sufficient to enable you to give the request your full
consideration, however if this is not the case or further information is necessary, then please do not hesitate
to contact the writer.
Mobile: 07989 999568
E-mail: [email protected]
Enc
MLP/W-388P Bedford Borough Council Richards 27.01.16