5 common pitfalls for logistics and warehousing schemes – Weightmans

The planning system has become ever more complex and, whether you’re securing planning permission or acquiring a site with an existing consent, there are plenty of traps for the unwary. Here, John Gregory and Matt Clover look at 5 common pitfalls for logistics and warehousing schemes.

• Biodiversity Net Gain (“BNG”)

The Environment Act 2021 introduced a requirement for most planning applications to demonstrate that development will result in a 10% net increase in biodiversity. There is a clear hierarchy in terms of how BNG is provided. On-site provision is preferred, followed by off-site. If neither is feasible, then it may be possible to purchase biodiversity units from a habitat bank or, as a last resort, statutory credits administered by the government.  Either way, it is essential to give early consideration to whether and how BNG can be incorporated into your scheme.

• Highways & Traffic

Highways impacts are one of the top reasons for objection to and refusal of logistics schemes. National planning policy requires that development must not have an unacceptable impact on highway safety, and that any significant impacts on the transport network (in terms of capacity and congestion), can be effectively mitigated. This must be addressed through modelling and scheme design; and early engagement with the local highway authority is advised. Bear in mind that highway authorities are under resourced and can be slow to engage.

Where planning permission is in place, that might not be the end of the story. The need to secure an Operators’ Licence from the Traffic Commissioner can present another hurdle and allow objectors “another bite of the cherry” after planning permission has been granted.

• Noise & Local Amenity

Noise, light spill, odour and fumes are recurring themes of objection to logistics schemes, especially where 24-hour operation is proposed. Early preparation of noise and lighting assessments is key. Where vehicle maintenance is to be carried out, consideration should also be given to potential nuisance – think about fumes or noise arising from DPF regen activities for example. Where acquiring a site with the benefit of planning permission, beware of noise sensitive schemes in the pipeline – a new housing estate nearby can result in new complaints about noise that could result in a statutory abatement notice, whether or not the activity is authorised by planning permission.

• Conditions & Planning Obligations

Gone are the days when planning permissions were issued with two or three conditions attached. Most consents are now subject to a multitude of conditions, regulating everything from lighting to noise to operating hours. When buying a site with the benefit of planning permission consent, it is imperative to check that all of the conditions and planning agreements are commercially and operationally workable.

• What is actually permitted?

Variations to planning permissions can cause significant delay and additional cost. It is therefore imperative that your consent covers everything that you need in order to operate – commonly missed are features such as fuel storage and pumps, EV charging infrastructure, plant, generators, or storage for hazardous substances. The message here is not to assume that these are permitted if they are not expressly included in the description of development or approved plans – they might not be – and omissions can be costly.

Author

John Gregory bio