The West Midlands Rail Freight Interchange Order 2020

Detailed design approval U.K.

4.—(1) No phase of the authorised development (excluding archaeological investigation, soil movement, geotechnical or ground contamination investigation) is to commence until details of that phase have been submitted to and approved in writing by the local planning authority. The details of each phase must be in general accordance with the design principles set out in section 7 of the design and access statement. Following the commencement of the authorised development the design principles set out in section 7 must be reviewed, updated if necessary, and agreed with the local planning authority following the occupation of 186,000 square metres of warehousing. Any revised design principles will apply to any phase of the development which has not been the subject of discussions pursuant to sub-paragraph (3) prior to the date of agreement of the revised design principles.

(2) The details of each phase must include details of the following where they are located within that phase—

(a) rail infrastructure and rail terminal;

(b) embankments and mounds;

(c) hard landscaping, cycle tracks, footpaths, bridleways and towpaths;

(d) advertisements for which advertisement consent under the 2007 Regulations would be required were it not for the provisions of article [F1 44(4)] of this Order;

(e) surface and foul drainage;

(f) bicycle, motorcycle and vehicle parking (including the location and quantum of electric charging points);

(g) built development design (including external materials and sustainable energy measures) and layout;

(h) site levels and finished floor levels;

(i) estate roads and other highway works except where such details have already been approved pursuant to Parts 2 and 3 of Schedule 13 (protective provisions);

(j) vehicular circulation routes;

(k) bridges;

(l) weighbridges;

(m) gatehouses;

(n) HGV parking and welfare facilities;

(o) fencing walls and other means of enclosure (including acoustic fencing);

(p) substations and relocated telecommunications masts; and

(q) the location of the pedestrian crossing on the A5/A449 link road notwithstanding the detail shown in that respect on the highway general arrangement plans (in consultation with the local highway authority and with the approval of Highways England)

(3) The details of any phase including the formation of screen bunds and/or buildings within Development Zones A4a and A5a as shown on the parameters plan must include a wind tunnel or other technical assessment of the likely effect of those detailed proposals on wind characteristics at Calf Heath Reservoir and any consequential effects on the suitability of the reservoir for sailing.

(4) Prior to carrying out any wind tunnel or other technical assessment in accordance with sub-paragraph (3), the undertaker must consult with the local planning authority and the Greensforge Sailing Club as to the scope, basis and methodology of such assessment.

(5) The details of any consequential effects on the suitability of the reservoir for sailing are to be taken into account by the local planning authority in deciding whether the detailed proposals referred to in sub-paragraph (3) should be approved; and, if requested, the undertaker must provide the local planning authority with appropriate guidance on the wind tunnel or other technical assessment so as to assist them in determining their decision-making on this matter.

(6) Draft details of each phase, required to be submitted in accordance with sub-paragraph (2), must be discussed with the local planning authority prior to being submitted for approval.

(7) No part of the authorised development comprised in Works No. 8 will be undertaken until details of the size and appearance of any buildings or other structures to be erected and details of any landscaping and hard surfacing have been submitted to and approved by the local planning authority.

(8) The details of the estate roads to be constructed to provide access to warehousing within Zone A7 must have regard to the desirability of minimising the impact on and loss of the existing hedgerows.

(9) Any warehouse erected within Zone A7 (as identified on the development zones parameters plan) must be single aspect so that the warehousing provides noise screening between the service yard/loading docks and noise sensitive receptors.

(10) The authorised development must be carried out in accordance with the details as approved in writing by the local planning authority.

Textual Amendments

F1 Word in Sch. 2 para. 4(2)(d) substituted (21.10.2020) by The West Midlands Rail Freight Interchange (Correction) Order 2020 (S.I. 2020/1163), arts. 1, 2(10)(a)