Agenda Item 12 Proposed Sawmill Adderley Road Market Drayton ...

Committee and date 

North Planning Committee 

16 th October 2012 

Development Management Report 

Responsible Officer: Stuart Thomas 

email: stuart.thomas@shropshire.gov.uk Tel: 01743 252665 Fax: 01743 252619 

Summary of Application 

Application Number: 12/01321/FUL 

Parish: 

Item 

12 

Public 

Market Drayton Urban 

Proposal: Change of use of land for the development of Saw Mill complex to include saw 

mill, treatment building, shop and offices, workshop building, store, drying kiln and 

associated hardstanding and boundary fencing 

Site Address: Proposed Sawmill East Of Western Way Adderley Road Market Drayton 

Applicant: Hales Sawmill 

Case Officer: Karen Townend email: planningdmne@shropshire.gov.uk 

Grid Ref: 367398 - 335697 

© Crown Copyright. All rights reserved. Shropshire Council 100049049. 2011 For reference purposes only. No further copies may be made.

North Planning Committee – 16 th October 2012 – Proposed Sawmill Adderley Road Market Drayton 12-01321-FUL 

Recommendation:- Grant Permission subject to the conditions sets out in Appendix 1. 

Recommended Reason for Approval 

It is acknowledged that the proposed development is a departure from the adopted and future 

policy for the area but it is considered by officers that other material considerations can be 

given weight to give sufficient grounds to support the principle of the development contrary to 

the local plan, in accordance with the advice in the NPPF. The proposed development will 

deliver inward investment by bringing an established business into Shropshire and along with a 

significant projected increase in jobs, support land based industries in Shropshire. The site is 

close to the established employment area at Sych Farm, Phase 1 but the allocated land which 

remains cannot accommodate the development nor can other available sites in Market 

Drayton. It is officers opinion that this application is consistent with the strategic approach to 

the significant growth proposed in Market Drayton, as a key centre in Shropshire, specifically 

by supporting a key local employer with the potential to grow and reinforce Sych Farm as an 

investment location. The unallocated site lies outside the preferred employment allocation in 

the SAMDev Preferred Option and so will not affect future employment land supply in the town. 

The proposed development is also acknowledged to be a change in the character of the site 

but following additional information provided to assess the visual impact, noise, dust and 

impact on statutorily protected species, drainage and flood risk the development will not have 

an unacceptable detrimental impact to the character of the area, amenities of the adjacent 

canal; neighbouring residents or neighbouring businesses and as such meets the requirements 

of policies CS5, CS6, CS13, CS17 and CS18 of the Shropshire Core Strategy and the National 

Planning Policy Framework. 

REPORT 

1.0 THE PROPOSAL 

1.1 The application proposes the erection of new buildings, provision of hard standing 

and boundary fencing, drainage and access to serve as a new Saw Mill business. 

6 buildings are proposed, the saw mill, workshop, treatment building, store, offices 

and shop and a kiln. The majority of the remainder of the site is proposed to be 

hard surfaced and be used for storage of timber. 

1.2 The application was submitted with detailed plans of each building, the site layout, 

a design and access statement and drainage details. Ecology surveys and 

information relating to landscaping, noise, vibration, dust and light were received 

during the consideration of the application. All of these matters are considered in 

detail within the report below, along with the principle of the development. 

2.0 SITE LOCATION/DESCRIPTION 

2.1 The site is 6 hectares in area, currently agricultural grazing land and the buildings 

will provide 4,520sqm of industrial floor space. The site is situated between the 

abandoned railway lines running from Market Drayton north and east and the 

Shropshire Union Canal. An existing industrial estate road serves the southwest 

corner of the site and the existing uses on the opposite side of the road, Robert 

Wiseman Dairies, Buildbase and the Cattle Market. The estate road connects to 

the A53 via a new roundabout adjacent to The Gingerbread public house. 

Contact Stuart Thomas on 01743 252665


3.0 REASON FOR COMMITTEE DETERMINATION OF APPLICATION 

3.1 The Parish Council has submitted a view contrary to officers which is based on 

material planning reasons and (i) these contrary views cannot reasonably be 

overcome by negotiation or the imposition of planning conditions; and (ii) the 

Principal Planning Officer in consultation with the committee chairman and the 

Local Member agrees that the Parish Council has raised material planning issues 

and that the application should be determined by committee. 

4.0 COMMUNITY REPRESENTATIONS 

4.1 Consultee Comments 

4.1.1 Adderley Parish Council – The Parish Council objects to this application as the 

proposed development is sited on green belt land - a flood plain in fact, directly 

adjacent to an area of land which has planning permission for industrial use, which 

the proposed site does not. As the plans are currently, it would be on the canal 

frontage which is one the best local amenities and would have a direct detrimental 

impact on tourism and commerce in the area. Councillors are also concerned 

about the environmental impact. The proposed site falls outside the current 

development boundary. For these reasons the Parish Council strongly objects. 

Further to the previous statement of objection I should like to clarify the following 

points: 

- The reference to 'green belt' should have read 'green field' ie open countryside. 

The reference to the 'flood plain' was made based on local knowledge when the 

application was discussed, but was made without referral to the Environment 

Agency so apologies if this was incorrect. The area is well known locally to flood 

regularly but perhaps not sufficiently to warrant 'flood plain' status. 

4.1.2 Norton in Hales Parish Council (adjacent parish) – It was unanimously agreed 

that Norton in Hales Parish Council object to the proposed development: 

1. The site is in Open Countryside outside the development limit for industrial use 

as indicated on the adopted North Shropshire Local Plan. 

2. The use of the site for the processes contained in the application will be 

detrimental to the amenities of nearby residents and to those who use the 

adjacent canal for amenity or recreational purposes. 

3. The Environmental Health Officer has requested additional information on the 

processes likely to be carried out on the site. The Parish Council have concerns 

about the processes and their effect on the surrounding area. The Parish Council 

suggest that an Environmental Impact Assessment is required (Annex II of the 

Direction indicates that wood plants may require an EIA) in order that a full 

assessment of the impact of the proposed development can be adequately 

assessed. 

4.1.3 British Waterways – Originally objected to the application as the application 

contains insufficient information to enable a full assessment of the proposals to be 

undertaken in regard to the impact on visual character of the Waterway. Given the 

character of the area, which is currently idyllic pasture land on both sides of the 

canal, BW consider that the visual impact of the proposals will be significant. No 

landscape and visual impact assessment; no details of levels existing or proposed 

or cross sections; no details of additional landscaping proposed or position of the 

security fencing. Furthermore, no information has been submitted relating to 

noise, dust or air pollution levels generated by the proposed use and impact on 



the users of the adjacent canal and towpath where mooring is available and the 

water quality of the canal. Also commented on the lack of ecology information, 

details of the proposed lighting and the need for a FRA. BW considers that, due 

to the lack of information provided the application fails to demonstrate that the 

proposal will not adversely affect the visual character, amenity, natural 

environment and environmental quality of the Shropshire Union Canal and its 

corridor and is therefore not in accordance with Policy CS17. 

Following receipt of additional information and reconsultation advised that: 

Based on the provision of a 10m wide planted buffer the impact on the visual 

character of the canal is lessened. The 10m planted buffer will however take time 

to establish. The Canal & River Trust therefore suggest that the landscaping plan 

should contain some standard/mature planting to give height and instant impact 

and this should be concentrated where the buildings are to be located. We would 

expect any approval of the proposals to include a requirement for a maintenance/ 

management plan for this planted buffer. 

The noise survey notes that a 3m high earth bund will provide noise protection but 

the bund is not shown on the amended layout plan or site sections. Clarification is 

therefore sought to ensure that the findings of the noise report are not based upon 

the provision of such a bund. In relation to noise we would again ask that the 

Local Planning Authority satisfies itself that potential noise impacts upon users of 

the canal have been adequately assessed and that any mitigation measures as 

may be required are secured by means of planning conditions in order to protect 

the amenities of users of the canal. However, if a bund is proposed we ask that we 

are consulted again with the details so we can assess the impact of the bund on 

the canal. 

The Applicant has submitted a Bat Survey and GCN Survey. Based on the 

findings of these surveys the Canal & River Trust is now satisfied that the 

development will not have a significant impact on the canal ecology. Based on the 

details provided within the Dust Control Survey submitted by the Applicant, that 

the waste storage area has moved away from the canal and a 10m area of 

planting (as detailed on the Amended Site Layout plan) is to be provided, the 

Canal & River Trust is now satisfied that the development will not have a 

significant impact on the canal environment. 

4.1.4 Environment Agency – From the detail provided by the applicant for this 

application, the proposal does not appear to be a waste process and a bespoke 

permit would not be required from us for the proposed saw mill operations. 

Therefore, we would have no detailed comments to make. However, the following 

is provided for your information/to assist in consultation with your Environmental 

Health/Public Protection Team: 

Any waste produced as part of this development must be disposed of in 

accordance with all relevant waste management legislation. Where possible the 

production of waste from the development should be minimised and options for 

the reuse or recycling of any waste produced should be utilised. Should it be 

proposed to import waste material to the site for use in the construction of the 

development (e.g. for the construction of hard-standings, access tracks etc) an 

Environmental Permit (EP) or exemption from the need for an EP may be 

required. For information, the applicant's agent has contacted our Waste Team for 



advice on the removal of soil from the site to spread on adjacent farmland, during 

the construction phase of the proposed development. 

Developers should incorporate pollution prevention measures to protect ground 

and surface water. We have produced a range of guidance notes giving advice on 

statutory responsibilities and good environmental practice which include Pollution 

Prevention Guidance Notes (PPG's) targeted at specific activities. 

Reviewed all the information and unless they are proposing to receive and 

reprocess waste material as part of the activity, which doesn't appear to be the 

case, then they would not need an Environmental Permit to operate the site. 

4.1.5 Shropshire Fire Service – It will be necessary to provide adequate access for 

emergency fire vehicles and it has been identified that water supplies for fire 

fighting purposes will need to be provided on the development to ensure adequate 

fire safety measures. It is important to note that the current Building Regulations 

require an adequate water supply for firefighting. If the building has a 

compartment of 280m2 or more in area and there is no existing fire hydrant within 

100 metres, a reasonable water supply must be available. Failure to comply with 

this requirement may prevent the applicant from obtaining a final/completion 

certificate. Also advised the installation of a correctly designed sprinkler system. 

4.1.6 Council Policy Officer – The development proposal in this application is on an 

unallocated site in Market Drayton but is close to the established employment 

area at Sych Farm, Phase 1 which was allocated in the ‘saved’ North Shropshire 

Local Plan. This application does depart from the ‘saved’ allocation at Sych Farm 

but the allocated land which remains cannot accommodate the development nor 

can other available sites in Market Drayton. In accordance with the guidance set 

out in the Core Planning Principles and the ‘presumption in favour of sustainable 

development’ in the NPPF, it is considered that there is sufficient justification in 

the Core Strategy to approve this application, taking the Core Strategy as the 

primary document in the Development Plan for Shropshire. The Core Strategy 

policies that should determine this application are Policies CS13: Economic 

Development and CS14: Managed Release of Employment Land. In relation to 

Policy CS13, the application will deliver inward investment along with a significant 

projected increase in jobs, support land based industries in Shropshire and deliver 

an early commitment to the provision of a flexible and responsive supply of 

employment land. In relation to Policy CS14, this application is consistent with the 

strategic approach to the significant growth proposed in Market Drayton, as a key 

centre in Shropshire, specifically by supporting a key local employer with the 

potential to grow and reinforce Sych Farm as an investment location. Although 

this will require an early release of land at Sych Farm, the unallocated site lies 

outside the preferred employment allocation in the SAMDev Preferred Option and 

so will not affect future employment land supply in the town. It is also considered 

that this application illustrates the quality of the land offer at Sych Farm and the 

attractiveness of Market Drayton as an investment location and if approved the 

development site would be a reasonable northward extension of the SAMDev 

preferred employment allocation. This application would also be supported by the 

policy directions for Shropshire and the detailed development strategy for Market 

Drayton set out in the SAMDev Preferred Option. This application is therefore 

suggested for approval under the Core Strategy but as a departure to the ‘saved’ 

Local Plan allocations provided the detailed policy requirements in Core Strategy 



Policies CS6, CS7, CS8, CS9, CS17, CS18 and CS19 are satisfied. 

4.1.7 Council Economic Development Officer – The Business and Enterprise service 

support the application as the site is situated close to an existing employment area 

and was identified as a possible extension to the Adderely Rd Industrial Estate as 

part of the Council's Employment Land Review. The application will stimulate the 

expansion of the local economy, generate new employment and support the role 

of Market Drayton as a local service centre serving the local population and the 

rural hinterland. It is suggested that higher quality (flat) cladding material be used 

for the shop/office/store building as this stands at the entrance to the site and will 

be important in creating the appropriate impression for visitors. Consideration 

should be given to the use of a parapet to screen the ridge and roof lines. There 

will also be a need for conditions to control and screen external storage to 

maintain the quality of employment area. 

4.1.8 Council Highway Officer – From a highway aspect the site is served via an 

existing industrial type access road which exits directly onto the A53 Principal 

Road via the Gingerbread man roundabout. Whilst there are currently issues with 

regard to the future adoption of the access road leading to the site, it is considered 

that the principal of allowing further development is acceptable. In this regard 

although the proposed development is likely to result in a material increase in 

HGV movements along the existing access road and exiting onto and off the A53 

roundabout, it is considered that the proposal does not raise any fundamental 

highway safety or capacity concerns. 

The amended site layout plan indicates a further extension of the industrial access 

road to cater for the proposed staff and goods 'in' and 'out' junction. A separate 

access is shown to serve customers to the shop. Two separate car parking areas 

are also shown which appear to indicate that the parking level is adequate to cater 

for staff and customers / visitors. 

Although the site plan shows the location of a number of specific user type 

buildings within the site there are vast areas of concrete hard standing which I 

understand would be used for outside storage and vehicle manoeuvring space. 

Whilst I recognise that it would be difficult to be prescriptive on identifying the 

specific use of the concrete hard standing areas it will clearly be incumbent upon 

the site operator to rationalise the use of space effectively and efficiently. 

In terms of sustainability a Travel Plan should be required and implemented prior 

to the development being first brought into use. Raises no objection to the 

granting of consent subject to conditions requiring full engineering details of the 

extension to the industrial estate road, junction details, car parking layout and 

construction and the submission of a Travel Plan. 

4.1.9 Council Archaeologist – The proposed development site is located on glacial tills 

and the character of the surrounding fields suggests that they may originally have 

been cleared from woodland in the medieval or early modern period. Boundary 

alterations were made as a result of the construction of the canal and railway line 

in the 19th century, and further hedgerow removals occurred in the 20th century to 

facilitate arable cultivation. The Shropshire Historic Environment Record contains 

no records of any archaeological structures, features or deposits on the proposed 

development site. As a consequence it is deemed to have low archaeological 

potential. I therefore have no further comments to make on this application with 



respect to archaeological matters. 

4.1.10 Council Ecologist – Following submission of the additional information requested 

advised that none of the three trees included in the Bat Survey by Clear 

Environmental Consultancy (June 2012) showed evidence of roosting bats. There 

was evidence of bats foraging and commuting around the site particularly 

focussed along the vegetation adjacent to the canal. Recommended the provision 

of 1 bat box and a the lighting to be installed as per the updated lighting plan. 

There is a medium population of Great Crested Newts in pond 2 on the site (max 

count 17) according to the Great Crested Newt Survey by Clear Environmental 

Consultancy (June 2012), pond 1 was also surveyed and no Great Crested Newts 

were recorded although they have historically been present in this pond and may, 

according to Clear Environmental Consultancy, still be present in low numbers 

which may not have been detected by the survey which was slightly constrained 

by the presence of an active Graylag goose nest on the pond during 2 of the 6 

survey visits. 

The Great Crested Newt Mitigation Strategy by Clear Environmental September 

2012 CL1170/005/004 Rev A states that work on the site must be undertaken 

under a European Protected Species Mitigation Licence from Natural England with 

appropriate mitigation for the loss of the breeding pond (pond 2), loss of terrestrial 

habitat, loss of hibernation opportunities, fragmentation of habitat connecting pond 

1 and pond 2 and potential harm to newts during the construction activity. 

The Great Crested Newt Mitigation Strategy by Clear Environmental proposes the 

following: 

1. 6000m² of created aquatic habitat in the form of 2 new ponds on the site 

and retention/enhancement of 1403m² in compensation for the 310m² 

which will be lost when pond 2 is destroyed. The new ponds will be planted 

with coir rolls to allow quick establishment of habitat and will be surrounded 

by terrestrial habitat and hibernation opportunities. The ponds will be well 

established prior to destruction of the existing ponds. 

2. Retention and significant enhancement to 15,282m² of terrestrial habitat 

around the new ponds and in a 10m buffer adjacent to the canal to mitigate 

for the net loss of 51,090m² of lower quality terrestrial habitat to the 

proposed development. Rough grassland will be created around the new 

ponds, grazed rough grassland created to the south of the new ponds and 

all planting will use native species, at least 3 hibernacula will be created in 

the canal buffer area which will be planted with trees and grasses suitable 

for amphibians. There will be a net reduction of terrestrial habitat available 

to Great Crested Newts on the site but a significant increase in quality 

according to Clear Environmental. Clear Environmental conclude that the 

mitigation offered will be sufficient to maintain the favourable conservation 

status of Great Crested Newts in the local area. 

Clear Environmental recommend the following methodology for the works: 

1. The receptor area to be cleared using 1 way fencing and hand searching in 

autumn 2012 to allow the creation of the new pools – this may not now be 

achievable given the timescale but the Natural England mitigation licence 

has the power to further restrict timings as required. 

2. The main site to be fenced off in spring 2013 and trapped out for 60 

suitable nights using 80 bucket traps per ha. Exclusion fencing will be the 



heavy duty type since it will be retained on the site in the long term to 

exclude newts from the working area of the timber yard. 

3. Great Crested Newts will be removed from the pond by bottle trapping and 

sweep netting to remove larvae in summer 2013. The pond will then be 

drained down and any remaining wildlife removed to the new ponds. 

4. The site will then be cleared ready for the commencement of works in late 

summer 2013. 

5. There will be 4-6 years of post-development monitoring of the Great 

Crested Newt population in the new pond. 

Clear Environmental Consultancy considers that the mitigation proposed will be 

sufficient to avoid an offence and to maintain the favourable conservation status of 

Great Crested Newts on the site. Recommends conditions relating to the EPS 

Licence and landscaping. 

There is also a potential for nesting birds to be present in the vegetation within the 

site and as such recommended provision of 10 bird boxes. 

4.1.11 Council Drainage Engineer – On submission of the application advised that the 

site is greater than 1 Ha, therefore a Flood Risk Assessment (FRA) in accordance 

with PPS25, the Environment Agency's Standing Advice should be submitted for 

approval. The submitted drainage plan and the surface water management plan 

are acceptable in principle, however, no detailed calculations have been provided. 

On receipt of the FRA advised that the proposed surface water drainage systems 

are acceptable in principle. On receipt of detailed drainage calculations, plan and 

longtudinal sections of the proposed surface water drainage systems advised that 

the proposed surface water drainage is now acceptable. If planning permission is 

to be granted a drainage condition should be attached to ensure that the approved 

drainage schemes are implemented before the site is occupied. 

4.2 Public Comments 

4.2.1 Seven letters of representation have been received raising the following areas of 

concern: 

• The site is not within the 40 acres designated for industrial development in 

either the Draft Plan or the SamDev Plan, but is in open countryside, on a 

greenfield site 

• There is already ample allocation (16 ha) of suitable land within the SAMDev 

which adjoins this site, undeveloped and suitable for this development. The 

proposed extension of a further 6 ha (15 acres) and if allowed would set a 

precedent for further applications. 

• There are 32 boats permanently moored alongside the canal at this point 

whose residents support local shops and facilities 

• The canal provides tourism, attractive walks, fishing and is one of the most 

popular stretches of the canal in the UK 

• Highly visible from the canal 

• Affect of noise and light pollution, dust and smell 

• Hours of operation will affect local residents and moorings 

• Impact on existing adjacent businesses from airborne particles/ contaminants 

• Impact on ecology 

• The field is low-lying, wet and marshy and regularly floods at time of heavy rain 

4.2.2 Letters of objection have also been received on behalf of the Council of the 



Shropshire Union Canal Society and the Shrewsbury & North Wales Branch of the 

Inland Waterways Association raising issues as detailed above. 

5.0 THE MAIN ISSUES 

• Policy & principle of development 

• Layout of the site 

• Scale and design of buildings 

• Access, parking and turning 

• Drainage and flood risk 

• Ecology 

• Impact on surrounding area 

6.0 OFFICER APPRAISAL 

6.1 Policy & principle of development 

6.1.1 The principle objection from both Parish Councils and many of the local residents 

is that the site is located outside of the development boundary, both existing and 

as proposed within the Site Allocations and Management of Development 

(SAMDev) document. This is not questioned or argued by officers. Accordingly 

the proposal has been advertised as a departure from the local plan. 

6.1.2 Planning law requires that applications for planning permission must be 

determined in accordance with the development plan, unless material 

considerations indicate otherwise. The development plan includes the National 

Planning Policy Framework (NPPF), the Regional Spatial Strategy (RSS), saved 

policies from the North Shropshire Local Plan (NSLP) and the Shropshire Core 

Strategy (CS). The NSLP defines the current development boundaries, including 

the boundary for Market Drayton, and policies E2 and E3 allocate existing and 

proposed employment land. As the proposal is on land which is not allocated for 

employment uses it is not strictly in accordance with these policies and as such 

not in accordance with the development plan. However, the legislation does allow 

the consideration of “other material considerations” and the fact that the site is not 

within the development boundary or allocated is not sufficient grounds on its own 

to refuse consent. If other material considerations indicate that the scheme 

should be supported these can be given weight in the decision making process. 

6.1.3 The proposed development boundary and allocations in the SAMDev can be given 

some weight as future policy. The Core Strategy policies that should be 

considered in the determination of this application are Policies CS13: Economic 

Development and CS14: Managed Release of Employment Land. Policy CS13 

states that Shropshire Council will plan positively to develop and diversify the 

Shropshire economy, supporting enterprise, and seeking to deliver sustainable 

economic growth and prosperous communities. The policy promotes business 

investment and the revitalisation of the Market Towns as key centres whilst also 

confirming that the Council will plan and manage a supply of employment land and 

premises in a sustainable pattern of development. This will be dealt with through 

the SAMDev but the principles are set out in policy CS14 which identifies the 

amount of employment land needed up to 2026 and how this will be managed as 

a rolling land supply across the whole of Shropshire. The proposed SAMDev plan 

for Market Drayton does allocate a new employment site adjacent to the land 

allocate in the NSLP, to the south of the proposed site in this application. The 

application site is outside of this proposed allocation and as such would be 



considered in planning terms as countryside. As such policy CS5 should also be 

taken into account. This policy seeks to strictly control new development in the 

countryside supporting small-scale new economic development or agricultural/ 

horticultural/ forestry or mineral related development. 

6.1.4 The proposed saw mill could be considered to be forestry related as the business 

is dealing with products from forestry. Officers consider that this proposed 

business use should be located on, or with easy access, to the major road 

network given the level of large vehicle movements. What needs to be balanced 

is whether the application site is the correct site and whether there are any other 

sites available. Enterprise and growth has been set as one of the Council’s 

priorities, in line with the NPPF promotion of economic development and inward 

investment. The proposed development will deliver inward investment by bringing 

an established business into Shropshire and along with a significant projected 

increase in jobs, support land based industries in Shropshire. 

6.1.5 The Council Planning Policy Officer has advised that the site is close to the 

established employment area at Sych Farm, Phase 1 but the allocated land which 

remains cannot accommodate the development nor can other available sites in 

Market Drayton. It is officers opinion that this application is consistent with the 

strategic approach to the significant growth proposed in Market Drayton, as a key 

centre in Shropshire, specifically by supporting a key local employer with the 

potential to grow and reinforce Sych Farm as an investment location. Although 

this will require an early release of land at Sych Farm, the unallocated site lies 

outside the preferred employment allocation in the SAMDev Preferred Option and 

so will not affect future employment land supply in the town. It is also considered 

that this application illustrates the quality of the land offer at Sych Farm and the 

attractiveness of Market Drayton as an investment location and if approved the 

development site would be a reasonable northward extension of the SAMDev 

preferred employment allocation. 

6.1.6 The advice of the Planning Policy Officer has been taken on board by the case 

officer for the application and weight is given to the inward investment and 

promotion of new business to the County. It is acknowledged that the proposed 

development is a departure from the adopted and future policy for the area but it is 

considered by officers that other material considerations can be given weight to 

give sufficient grounds to support the principle of the development contrary to the 

local plan, in accordance with the advice in the NPPF. 

6.2 Layout of the site 

6.2.1 As stated above the application site is a 6 hectare parcel of land, currently in 

agricultural use, to the east of the existing estate road which serves the cattle 

market, Wisemans Dairies and Buildbase. The application proposes two 

accesses, one for public and one for staff and goods. The first entrance will lead 

to a car park between the estate road and the proposed store, shop and offices 

and a goods display area in the corner of the site. The second access to the site 

lies to the north of the shop/ office building and will be the access for staff to a 

staff car park and for goods. Behind the shop and offices the site is proposed to 

be mainly concrete yard with the six buildings laid around the outside edge of the 

yard. The main store building will sit at 90 degrees to the shop/ office in the south 

western corner of the site with the workshop adjacent to this. The treatment and 

drying building is proposed to run parallel with the canal with the kiln adjacent. 



The saw mill building is proposed to be sited within the centre of the yard. The 

layout has been determined by the applicant based on their business model and 

the need to provide a large area of hard standing for storage. 

6.2.2 It is acknowledged that the site will extend beyond the current businesses to the 

west and will be closer to the canal than at present. The proposal represents a 

substantial change from existing to proposed in that the site is currently in 

agricultural use and the proposal is for hard surfacing and buildings. However, the 

land proposed to be allocated within the SAMDev is directly to the south of the 

application site, between the estate road and the canal, currently in agricultural 

use, and once developed could potentially have a similar appearance to the 

proposal. 

6.2.3 

The proposal, as amended, also includes a 10 metre wide strip of planting of 

native trees and shrubs along the full length of the site adjacent to the canal and a 

10.7m hard surfaced strip between the planting and the buildings. This will mean 

that the nearest building, the treatment and drying building, is over 20 metres from 

the canal with a substantial planted band between. This is promoted by officers 

for ecological and amenity reasons as detailed below and will also enable the 

Council to encourage that the future development of the SAMDev land is provided 

with a similar buffer. 

6.2.4 Officers consider that the layout proposed is appropriate for the proposed use. 

Providing separation of customers from staff and goods; the office building to the 

front of the site and the remaining buildings laid out around the outside edge of the 

yard. The proposed layout provides usable space and buildings. Whether the 

layout results in any detrimental impact will be assessed below. 

6.3 Scale and design of buildings 

6.3.1 The site currently has varying ground levels and the application includes ground 

works to provide a level site which will slope up gently from the road towards the 

canal, with an attenuation channel running along the side of the road and a 10m 

wide planted buffer running along the side of the canal. The detailed plans of the 

proposed buildings show the heights as proposed and this information is 

supported by cross sections through the site. 

6.3.2 The five buildings, not including the kiln, are rectangular in footprint with pitched 

roofs and all have rooflights within the roof pitches to provide natural light. The 

saw mill building, in the centre of the site, is proposed to be 54.240m by 18.741m 

with a ridge height of 9.195m. The workshop is to be 53.583m m by 18.063m with 

a height of 8.897m, externally the building will have a roller shutter door in one 

end, three along the elevation facing into the yard and a pedestrian door on this 

elevation. The end with the roller shutter also has a section of roof of 11.907m 

long providing a covered yard. The treatment building is 72.688m by 18.032m 

and 9.210m high. Approximately 1 quarter of the structure is enclosed to house 

the 3 treatment tanks, the remainder is open sided. The tank building has three 

roller shutter doors opening under the covered area and pedestrian doors and 

windows to three sides. The store building is 34.220m by 17.947m with a height 

of 9.209m, with windows provided to an internal staff facilities area and roller 

shutter and pedestrian doors provided to the main storage section. The fifth 

building, the store, offices and shop is 42.362m by 17.947m with a height of 

8.760m. Internally the building is divided so half provides storage and the other 



half is divided into the shop and a two storey section providing offices. Externally 

this building will have windows and doors to the office section at both ground floor 

and first floor and a feature door and windows to the shop with a pitched roof 

porch over. Roller shutters provide access to the store section of the building. 

6.3.3 A kiln is also proposed for drying timber. At present the applicant is unsure which 

of the kilns available on the market they are going to purchase and this decision 

will depend on what is available at the time of the purchase and what the business 

requirements are. As such it is not possible to precisely define the kiln. However, 

the case officer has requested information relating to what the maximum size of 

the kiln would be and what it is likely to be built out of and the finish colour. This 

would enable the worst case scenario to be assessed. The information provided 

shows a maximum structure size of 10.450m deep by 5.3m wide and 5.6m tall 

with a mono pitched roof sloping from the back to the front. The kiln itself would 

be in the rear of the structure and the front section is where the timber is placed to 

be dried out. As such the kiln will be significantly small than any of the buildings 

proposed and set within the context of the buildings is not considered to have any 

greater impact. The material and colour finish will also be well related to the other 

development proposed on the site. As such it is considered that a condition could 

be imposed on an approval to require submission of the final details of the chosen 

kiln prior to its installation and that these details should not exceed the minimum 

and comply with the principles set out in the above information. 

6.3.4 In addition to the buildings and kiln one other structure on site will be the ductwork 

within the sawmill building to extract dust. This ductwork will also lead outside the 

building at a height of 4 metres and as such will be visible within the site. The 

ductwork leads through fans and extractors to a collection point. 

6.3.5 The whole site is also enclosed with 2.4m high wire mesh fencing with a green 

plastic coating which will provide security. This form of fencing is considered by 

officers to have the least visual impact where fencing is required for security 

reasons. Given the nature of the business and the open storage of a lot of the 

materials securing the site is a requirement and as such the site will need to be 

enclosed in a suitable fence. The fence is around the inside of the site, with the 

landscape buffer on the outside. 

6.3.6 Overall officers consider that the proposed scale and design of the buildings and 

structures on the site are appropriate and will result in a consistent development 

on the site, well related to the existing development on the adjacent industrial 

estate and, whilst changing the character of the site, will not result in unacceptable 

detrimental harm to the character of the wider area. As such officers consider that 

the proposed scheme complies with the requirements of policies CS5 and CS6 in 

terms of scale and design impacts. 

6.4 Access, parking and turning 

6.4.1 The proposal is to extend the existing industrial estate road and provide two 

vehicular accesses into/ out of the site. The first will serve the offices and shop for 

customers. The second provides access for staff and goods. The separation of 

the two is supported by officers as it reduces the risk of conflict between 

customers and goods deliveries and also ensures site security can be maintained. 

Separate car parks are also to be provided. No concerns have been raised locally 

about the use of the industrial estate road or its junction onto the main road at the 



Gingerbread roundabout. The Council Highways Officers comments are provided 

in full at 4.1.8. The officer advises that although the proposal is likely to result in 

an increase in HGV movements this does not raise any safety or capacity issues. 

The industrial estate road was constructed to serve development along both sides 

of the road. The Highway Officer concludes that they have no objection to the 

development subject to the submission of details of the construction of the 

extension to the estate road, accesses and car parking and a travel plan for the 

site to encourage staff to use alternative means of travel other than the private 

car. 

6.4.2 Policy CS6 requires proposals which are likely to generate significant levels of 

traffic to be located in accessible locations where opportunities for walking, cycling 

and use of public transport can be maximised and the need for car based travel to 

be reduced. The site is highly accessible due to its connections to the major road 

network. The Highway Officers advice is given weight and the use of a travel plan 

will help to ensure the development meets the second part of CS6 where possible. 

Although it is accepted that deliveries and collections of goods will continue to 

require large vehicle movements the travel plan can support the use of alternative 

means of travel by staff. 

6.5 Drainage 

6.5.1 The foul drainage from staff facilities is proposed to be connected to the existing 

mains drainage in the area and this is the preferred option for dealing with foul 

drainage. Surface water is to be dealt with through a variety of means and the 

applicant has acknowledged that the development will result in large volumes of 

surface water due to the level of hard surfacing and building roofs. The methods 

for dealing with the surface water area; on site attenuation in the form of a 

100,000 litre underground rainwater storage tank which will be used in the 

processing of timber on the site; a surface water attenuation drain all along the 

roadside edge of the site; an on-site attenuation pond; and an off-site attenuation 

drain and drainage area. These means are all considered to be Sustainable 

Urban Drainage systems (SUDs). The proposals intend to deal with all of the 

surface water created within the site and neighbouring land, the majority being 

collected and used. 

6.5.2 The Council Drainage Engineer and the Environment Agency have both been 

consulted and a Flood Risk Assessment has been undertaken by the applicant 

and submitted for consideration. The Council Drainage Engineer has advised that 

the proposed surface water drainage systems are acceptable in principle. 

However, detailed drainage calculations, plan and longtudinal sections of the 

proposed surface water drainage systems should be submitted for approval. 

6.5.3 On receipt of detailed drainage calculations, plan and longtudinal sections of the 

proposed surface water drainage systems advised that the proposed surface 

water drainage is now acceptable. If planning permission is to be granted a 

drainage condition should be attached to ensure that the approved drainage 

schemes are implemented before the site is occupied. Accordingly the Council 

Drainage Engineer has advised that it is his professional opinion that the proposed 

surface water drainage scheme is acceptable and meets the requirements of 

policy CS18 by reducing flood risk and avoiding adverse impacts on water quality 

and quantity. As such it is considered that the additional information has 

sufficiently shown that the development will not increase the potential for flooding 



either on site or in the surrounding area. 

6.6 Ecology 

6.6.1 As an agricultural field with no previous development, trees and hedges on the 

boundaries and within the site and with ponds both in the site and in close 

proximity in the surrounding area the development will impact on statutorily 

protected species. The ponds are known to be Great Crested Newt (GCN) 

habitats and the applicant was advised this prior to submitting the application. 

Due to commercial constraints the application was submitted prior to all of the 

survey work being undertaken and this has been the main cause of the delay in 

determining the application. 

6.6.2 However, all of the required information has now been submitted. This details the 

work proposed to exclude GCN’s from the application site, the work proposed to 

provide replacement habitat and the on-going work and provision of the 

landscaped buffer which will also provide habitat for wildlife. In addition a bat 

survey and mitigation measures have been proposed. 6,000m2 of aquatic habitat 

is to be provided in the form of 2 ponds and 1403m2 of aquatic habitat is to be 

retained or enhanced which provides a gain in aquatic habitat. 15,282m2 of 

terrestrial habitat is to be retained and significantly improved which results in a 

loss of 51,090m2 of lower quality habitat. In addition to the exclusion and 

provision of both habitat types the site will continue to be monitored for GCN 

presence. The Council Ecologist has confirmed that this is considered to be 

sufficient to avoid an offence and maintain the favourable conservation status of 

GCN on the site in accordance with policy CS17. 

6.6.3 The information includes details of the 19 number 500w floodlights on the 

buildings at 5m high and 5 number 1.2m high bollard lights around the car parking 

areas and one at the end of the sawmill building. The lighting is proposed to only 

be on when required and only during business hours. These details have been 

submitted in consultation with the applicants ecologist to ensure that the lighting 

minimises any impact on bats. The Council Ecologist has confirmed that the 

details submitted are acceptable and recommended a condition to ensure the 

provision of the lighting in accordance with the submitted details. 

6.7 Impact on surrounding area 

6.7.1 The site sits between the existing businesses on Western Way, open countryside 

and the canal, on the opposite side of the canal sits a detached house and there 

are other sporadic singular residential dwellings in the wider surrounding area. As 

such these existing businesses, the canal and moorings and the dwelling are the 

surroundings which the development may impact. 

6.7.2 Both the parish council in which the application sits and the neighbouring parish 

council have raised objections to the development on the basis of the impact on 

the canal, the surrounding area and the amenities of neighbouring residents as 

detailed at 4.1.1 and 4.1.2. British Waterways, the Council of the Shropshire 

Union Canal Society and the Shrewsbury & North Wales Branch of the Inland 

Waterways Association all also objected to the original submission on the basis of 

the impacts; visual, noise, dust, air pollution and water quality that may potentially 

come about from the development. In addition a number of neighbouring 

residents have written in objecting to the development for the reasons set out at 

4.2 above. 



6.7.3 In order to assess the impact the Council Environmental Health Officer requested 

additional information off the applicant in the form of details of the operations on 

site, the annual throughput of wood, details of the chemicals used in the 

processes, information on the dust/ wood chippings collection system, the fuel for 

the kiln, thermal input and spill control measures. In addition to providing all of 

these details and the information originally provided in the design and access 

statement the agent has submitted a noise report and an operator statement 

which details the day to day running of the site. 

6.7.4 The information provided advises that the business imports logs, and the 

processes are sawing, treatment, product manufacture and sales (fences, gates 

etc). The site will employ 60 people and operate 8am to 6pm Monday to 

Saturday. The design and access statement advises that the business has been 

in operation for 30 years at their present site, which is at Hales in Staffordshire, 

between Market Drayton and Loggerheads. The agent advises that the business 

is now not efficient on the existing site and the proposed move will allow greater 

efficiency and allow for further growth of the business. Furthermore, the existing 

site is accessed via narrow lanes which are not appropriate for the number and 

size of large articulated vehicles delivering materials to the business. 

6.7.5 The applicant has advised that extraction, fans and sawdust collection system and 

all the plant and machinery on site are serviced either twice a year or every 14 

months in line with Control of substances hazardous to health (COSHH) and ISO 

9001:2008 advice. On the basis of all of the information provided by the applicant 

the Environmental Health Officer has advised that they have no objection and 

have advised that the information provided indicates that the proposed operations 

will require an environmental permit in order to operate. This permit regime is 

operated by the Environment Agency who have advised that the site will not 

require a permit and as such this matter is not material to the planning 

considerations. 

6.7.6 Overall, it is accepted that the proposed development will bring a business with 

potentially noisy and dusty operations closer to the surrounding residents and 

canal users than the existing businesses. However, the applicant has shown 

through reports and information on business processes and operations that the 

site will not be noisy or dusty and as such there is no evidence to show that the 

development will have detrimental adverse impacts on the surrounding area. 

Following a reconsultation British Waterways have also accepted the majority of 

the additional information and, given the provision of the 10m buffer, the noise 

survey and the bat and GCN surveys, no longer object. 

6.7.7 The visual impact of the development is a separate matter and also needs to be 

considered, as commented previously in the report; officers consider that the 

development will materially alter the character of the site as currently it is open 

agricultural land. It is also accepted that bringing the site forward separate to the 

SAMDev has not allowed the impacts of it to be considered through the planning 

policy process. However, SAMDev sites are not normally specific in terms of end 

use. The Development Management process enables the impacts of a specific 

end user to be considered. For this application it is accepted that there will be a 

number of large buildings on site and a large area of open storage. However, the 

proposal also includes a landscaped buffer between the buildings and the canal 

which will, over time, reduce the visual impact of the scheme. Furthermore, it is 



considered by the case officer, who undertook a site visit along the canal towpath, 

that the site is not currently highly visible and as the development will not remove 

the current landscaping these views will not be increased. 

7.0 CONCLUSION 

7.1 It is acknowledged that the proposed development is a departure from the 

adopted and future policy for the area but it is considered by officers that other 

material considerations can be given weight to give sufficient grounds to support 

the principle of the development contrary to the local plan, in accordance with the 

advice in the NPPF. The proposed development will deliver inward investment by 

bringing an established business into Shropshire and along with a significant 

projected increase in jobs, support land based industries in Shropshire. The site 

is close to the established employment area at Sych Farm, Phase 1 but the 

allocated land which remains cannot accommodate the development nor can 

other available sites in Market Drayton. It is officers opinion that this application is 

consistent with the strategic approach to the significant growth proposed in Market 

Drayton, as a key centre in Shropshire, specifically by supporting a key local 

employer with the potential to grow and reinforce Sych Farm as an investment 

location. The unallocated site lies outside the preferred employment allocation in 

the SAMDev Preferred Option and so will not affect future employment land 

supply in the town. 

7.2 The proposed development is also acknowledged to be a change in the character 

of the site but following additional information provided to assess the visual 

impact, noise, dust and impact on statutorily protected species, drainage and flood 

risk the development will not have an unacceptable detrimental impact to the 

character of the area, amenities of the adjacent canal; neighbouring residents or 

neighbouring businesses and as such meets the requirements of policies CS5, 

CS6, CS13, CS17 and CS18 of the Shropshire Core Strategy and the National 

Planning Policy Framework. 

8.0 RISK ASSESSMENT AND OPPORTUNITIES APPRAISAL 

8.1 Risk Management 

There are two principal risks associated with this recommendation as follows: 

• As with any planning decision the applicant has a right of appeal if they 

disagree with the decision and/or the imposition of conditions. Costs can be 

awarded irrespective of the mechanism for hearing the appeal - written 

representations, a hearing or inquiry. 

• The decision is challenged by way of a Judicial Review by a third party. The 

courts become involved when there is a misinterpretation or misapplication of 

policy or some breach of the rules of procedure or the principles of natural 

justice. However their role is to review the way the authorities reach decisions, 

rather than to make a decision on the planning issues themselves, although 

they will interfere where the decision is so unreasonable as to be irrational or 

perverse. Therefore they are concerned with the legality of the decision, not its 

planning merits. A challenge by way of Judicial Review must be a) promptly 

and b) in any event not later than three months after the grounds to make the 

claim first arose first arose. 

Both of these risks need to be balanced against the risk of not proceeding to 

determine the application. In this scenario there is also a right of appeal against 



non-determination for application for which costs can also be awarded. 

8.2 Human Rights 

Article 8 give the right to respect for private and family life and First Protocol 

Article 1 allows for the peaceful enjoyment of possessions. These have to be 

balanced against the rights and freedoms of others and the orderly development 

of the County in the interests of the Community. 

First Protocol Article 1 requires that the desires of landowners must be balanced 

against the impact on residents. This legislation has been taken into account in 

arriving at the above recommendation. 

8.3 Equalities 

The concern of planning law is to regulate the use of land in the interests of the 

public at large, rather than those of any particular group. Equality will be one of a 

number of ‘relevant considerations’ that need to be weighed in planning committee 

members’ minds under section 70(2) of the Town and Country Planning Act 1970. 

9.0 FINANCIAL IMPLICATIONS 

9.1 There are likely financial implications of the decision and/or imposition of 

conditions if challenged by a planning appeal or judicial review. The costs of 

defending any decision will be met by the authority and will vary dependant on the 

scale and nature of the proposal. Local financial considerations are capable of 

being taken into account when determining this planning application – in so far as 

they are material to the application. The weight given to this issue is a matter for 

the decision maker. 

10. BACKGROUND 

Relevant Planning Policies 

Central Government Guidance: 

National Planning Policy Framework 

West Midlands Regional Spatial Strategy Policies: 

RR3 Market Towns 

Core Strategy and Saved Policies: 

CS3 – Market Towns and Other Key Centres 

CS5 – Countryside and Green Belt 

CS6 – Sustainable Design and Development Principles 

CS13 – Economic Development Enterprise and Employment 

CS14 – Managed Release of Employment Lane 

North Shropshire Local Plan: 

E2 – Allocated Industrial Areas 

E3 – New Allocated Employment Sites 



11. ADDITIONAL INFORMATION 

List of Background Papers (This MUST be completed for all reports, but does not 

include items containing exempt or confidential information) 

Cabinet Member (Portfolio Holder) 

Cllr M. Price 

Local Member 

Cllr Paul Wynn 

Appendices 

APPENDIX 1 - Conditions 



EUROPEAN PROTECTED SPECIES – Consideration of the three tests 

Application name and reference number: 

12/01321/FUL 

Sawmill East of Western Way, Adderley Road, Market Drayton 

Change of use of land for the development of Saw Mill complex to include saw 

mill, treatment building, shop and offices, workshop building, store, drying kiln 

and associated hard standing and boundary fencing 

Date of consideration of three tests: 

2 October 2012 

Consideration of three tests carried out by: 

Fran Lancaster 

Planning Ecologist (01743 252578) 

Fran.Lancaster@Shropshire.gov.uk 

1 Is the development ‘in the interests of public health and public safety, or for 

other imperative reasons of overriding public interest, including those of a social 

or economic nature and beneficial consequences of primary importance for the 

environment’? 

The development is of economic benefit to the local area as inward investment 

and the provision of employment and as such is considered to be of wider 

public interest 

2 Is there ‘no satisfactory alternative’? 

Not developing the site, the only alternative, would not provide the economic 

benefit and as such is not satisfactory 

3 Is the proposed activity ‘not detrimental to the maintenance of the 

populations of the species concerned at a favourable conservation status in their 

natural range’? 

There is a medium population of Great Crested Newts in pond 2 on the site 

(max count 17) according to the Great Crested Newt Survey by Clear 

Environmental Consultancy (June 2012), pond 1 was also surveyed and no 

Great Crested Newts were recorded although they have historically been 

present in this pond and may, according to Clear Environmental Consultancy, 

still be present in low numbers which may not have been detected by the 

survey which was slightly constrained by the presence of an active Graylag 

goose nest on the pond during 2 of the 6 survey visits. 

The Great Crested Newt Mitigation Strategy by Clear Environmental 

September 2012 CL1170/005/004 Rev A states that work on the site must be 

undertaken under a European Protected Species Mitigation Licence from 

Natural England with appropriate mitigation for the loss of the breeding pond 

(pond 2), loss of terrestrial habitat, loss of hibernation opportunities, 



fragmentation of habitat connecting pond 1 and pond 2 and potential harm to 

newts during the construction activity. 

The Great Crested Newt Mitigation Strategy by Clear Environmental proposes 

the following: 

3. 6000m² of created aquatic habitat in the form of 2 new ponds on the site 

and retention/enhancement of 1403m² in compensation for the 310m² which 

will be lost when pond 2 is destroyed. The new ponds will be planted with coir 

rolls to allow quick establishment of habitat and will be surrounded by 

terrestrial habitat and hibernation opportunities. The ponds will be well 

established prior to destruction of the existing ponds. 

4. Retention and significant enhancement to 15,282m² of terrestrial habitat 

around the new ponds and in a 10m buffer adjacent to the canal to mitigate for 

the net loss of 51,090m² of lower quality terrestrial habitat to the proposed 

development. Rough grassland will be created around the new ponds, grazed 

rough grassland created to the south of the new ponds and all planting will use 

native species, at least 3 hibernacula will be created in the canal buffer area 

which will be planted with trees and grasses suitable for amphibians. There will 

be a net reduction of terrestrial habitat available to Great Crested Newts on the 

site but a significant increase in quality according to Clear Environmental. 

Clear Environmental conclude that the mitigation offered will be sufficient to 

maintain the favourable conservation status of Great Crested Newts in the 

local area. 

Clear Environmental recommend the following methodology for the works: 

6. The receptor area to be cleared using 1 way fencing and hand 

searching in autumn 2012 to allow the creation of the new pools – this may not 

now be achievable given the timescale but the Natural England mitigation 

licence has the power to further restrict timings as required. 

7. The main site to be fenced off in spring 2013 and trapped out for 60 

suitable nights using 80 bucket traps per ha. Exclusion fencing will be the 

heavy duty type since it will be retained on the site in the long term to exclude 

newts from the working area of the timber yard. 

8. Great Crested Newts will be removed from the pond by bottle trapping 

and sweep netting to remove larvae in summer 2013. The pond will then be 

drained down and any remaining wildlife removed to the new ponds. 

9. The site will then be cleared ready for the commencement of works in 

late summer 2013. 

10. There will be 4-6 years of post-development monitoring of the Great 

Crested Newt population in the new pond. 

The proposed activity will not be detrimental to the maintenance of the 

population of Great Crested Newt at a favourable conservation status within its 

natural range provided that the conditions detailed in the response from Fran 

Lancaster to Karen Townend dated 2 October 2012 are on the decision notice 

and are appropriately enforced: 

1. Development shall not commence until a European Protected Species 

(EPS) Licence with respect to Great Crested Newts has been obtained for the 

proposed work. Work shall be carried out strictly in accordance with the Great 

Crested Newt Mitigation Strategy by Clear Environmental September 2012 

CL1170/005/004 Rev A and the Great Crested Newt Mitigation Plan by Clear 

Environmental Ltd attached as an appendix to this planning permission. A copy 

of the granted EPS licence and accompanying documents should be supplied 



to the local planning authority prior to the commencement of works on the site. 

Reason: To ensure the protection of Great Crested Newts, a European 

Protected Species 

2. The first submission of reserved matters shall include a scheme of 

landscaping and these works shall be carried out as approved. The submitted 

scheme shall include: 

a) Planting plans, including wildlife habitat and features (e.g. hibernacula) 

b) Written specifications (including cultivation and other operations 

associated with plant, grass and wildlife habitat establishment) 

c) Schedules of plants, noting species (including scientific names), 

planting sizes and proposed numbers/densities where appropriate with Native 

species used to be of local provenance (Shropshire or surrounding counties) 

d) A scheme for replacement of any planting stock lost during the first five 

years 

e) Details of trees and hedgerows to be retained and measures to protect 

these from damage during and after construction works 

f) Implementation timetables 

Reason: To ensure the provision of amenity and biodiversity afforded by 

appropriate landscape design. 

Informative 

Great Crested Newts are protected under the European Council Directive of 12 

May 1992 on the conservation of natural habitats and of wild fauna and flora 

(known as the Habitats Directive 1992), the Conservation of Habitats and 

Species Regulations 2010 and under the Wildlife & Countryside Act 1981 (as 

amended). 

If a Great Crested Newt is discovered on the site at any time then all work 

must halt and Natural England should be contacted for advice. 



Conditions 

STANDARD CONDITIONS 

APPENDIX 1 

1. The development hereby permitted shall be begun before the expiration of three years 

from the date of this permission. 

Reason: To comply with Section 91(1) of the Town and Country Planning Act, 1990 (As 

amended). 

2. The development shall be carried out strictly in accordance with the deposited plans and 

drawings as amended by the revised plans as detailed below. 

Reason: For the avoidance of doubt and to ensure that the development is carried out 

in accordance with the approved plans and details. 

CONDITIONS THAT REQUIRE APPROVAL BEFORE THE DEVELOPMENT COMMENCES 

3. Prior to the commencement of development full engineering details of the extension to 

the industrial estate road, junction details, car parking layout and construction, shall be 

submitted to and approved in writing by the local planning authority; the development 

hereby permitted shall not be brought into use / open to trading until the road extension, 

junction works and car parking provision has been completed fully in accordance with 

the approved details. 

Reason: In the interests of highway safety. 

4. No development approved by this permission shall commence until there has been 

submitted to and approved by the local planning authority a scheme of landscaping and 

these works shall be carried out as approved. The submitted scheme shall include: 

a) Planting plans, including wildlife habitat and features (e.g. hibernacula) 

b) Written specifications (including cultivation and other operations associated with 

plant, grass and wildlife habitat establishment) 

c) Schedules of plants, noting species (including scientific names), planting sizes 

and proposed numbers/densities where appropriate with Native species used to be of 

local provenance (Shropshire or surrounding counties) 

d) A scheme for replacement of any planting stock lost during the first five years 

e) Details of trees and hedgerows to be retained and measures to protect these 

from damage during and after construction works 

f) Implementation timetables 

Reason: To ensure the provision of amenity and biodiversity afforded by appropriate 

landscape design. 

5. No development shall commence until a European Protected Species (EPS) Licence 

with respect to Great Crested Newts has been obtained for the proposed work. Work 

shall be carried out strictly in accordance with the Great Crested Newt Mitigation 

Strategy by Clear Environmental September 2012 CL1170/005/004 Rev A and the Great 

Crested Newt Mitigation Plan by Clear Environmental Ltd attached as an appendix to 



this planning permission. A copy of the granted EPS licence and accompanying 

documents should be supplied to the local planning authority prior to the 

commencement of works on the site. 

Reason: To ensure the protection of Great Crested Newts, a European Protected 

Species 

CONDITIONS THAT REQUIRE APPROVAL DURING THE CONSTRUCTION/PRIOR TO THE 

OCCUPATION OF THE DEVELOPMENT 

6. No built development shall commence until details of all external materials, including 

hard surfacing, have been first submitted to and approved by the Local Planning 

Authority. The development shall be carried out in accordance with the approval details. 

Reason: To ensure that the external appearance of the development is satisfactory. 

7. The approved scheme for the noise attenuation of the development, shall be completed 

prior to the first use of the site for any timber treatment or processing and thereafter 

retained. 

Reason: To protect the amenities of the occupiers of adjoining premises. 

8. Prior to the use commencing the scheme submitted for the extraction of dust from the 

premises shall be fully implemented thereafter retained. 

Reason: To protect the amenities of occupiers of nearby properties from potential dust 

nuisance. 

9. No part of the development shall be occupied or brought into commercial use until the 

works for the disposal of foul and surface water drainage have been provided in 

accordance with the approved plans. 

Reason: To ensure the proper drainage of the site. 

10. Prior to the development hereby permitted being brought into use a Travel Plan shall be 

submitted to and approved in writing by the local planning authority; thereafter the Travel 

Plan shall be fully implemented in accordance with the approved details and shall 

remain in force for the life time of the development. 

Reason: In order to promote sustainable travel to the site and reduce carbon emissions. 

11. Prior to the first use of any of the buildings hereby approved the external lighting on the 

site shall be as show on the Updated Lighting Plan by Napier and Company (version 

with hand written additions) drawing 102 revision J. The development shall be carried 

out in accordance with the approved details and thereafter retained for the lifetime of the 

development. 

Reason: To minimise disturbance to bats, a European Protected Species. 

12. A total of 10 woodcrete artificial nests suitable for small birds such as robin, blackbird 

and sparrow shall be erected on the site, in locations to be agreed with the local 



planning authority, prior to first occupation of the buildings hereby permitted and 

thereafter retained for the lifetime of the development. 

Reason: To ensure the provision of nesting opportunities for wild birds 

13. 1 woodcrete bat box suitable for nursery or summer roosting for small crevice dwelling 

bat species shall be erected on the site prior to first use of of any of the buildings hereby 

permitted, in a location agreed with the local planning authority, and shall be retained for 

the lifetime of the development. 

Reason: To ensure the provision of roosting opportunities for bats which are European 

Protected Species 

CONDITIONS THAT ARE RELEVANT FOR THE LIFETIME OF THE DEVELOPMENT 

14. No machinery shall be operated, no process shall be carried and no deliveries shall 

arrive or be dispatched from the site on before 8am on weekdays and 9am on Saturdays 

nor after 7pm on weekdays and 1pm on Saturdays; nor at anytime on Sundays or Bank 

Holidays. 

Reason: To protect the amenities of occupiers of nearby properties from potential 

nuisance. 

15. No goods, merchandise, material or scrap shall be stacked or stored at a height greater 

than 8m. 

Reason: To safeguard the amenities of the adjoining premises and the area generally. 

16. All hard and soft landscape works shall be carried out in accordance with the approved 

details and to a reasonable standard in accordance with the relevant recommendations 

of appropriate British Standard 4428:1989. The works shall be carried out prior to the 

occupation of any part of the development or in accordance with the timetable agreed 

with the Local Planning Authority. Any trees or plants that, within a period of five years 

after planting, are removed, die or become, in the opinion of the Local Planning 

Authority, seriously damaged or defective, shall be replaced with others of species, size 

and number as originally approved, by the end of the first available planting season. 

Reason: To ensure the provision, establishment and maintenance of a reasonable 

standard of landscape in accordance with the approved designs.

Agenda Item 12 Proposed Sawmill Adderley Road Market Drayton ...

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