Agenda item

A major full application for the change of use  from car showroom to tile and stone warehouse/distribution outlet with ancillary retail sales (Sui Generis) (Resubmission) [Huntington & New Earswick Ward]

Members considered a major full application for the change of use from a car showroom to a tile and stone warehouse/distribution outlet with ancillary retail sales.

Officers updated that an outstanding issue with highways had now been resolved. They advised that an additional condition relating to cycle storage and parking would be required.

Members queried the following:

• Whether another tile warehouse would be closed if this one be approved
• If an extension would be applied for by the applicant
• If delivery times to the site could be conditioned.
• If any improvements towards discouraging car use had been made since the previous application.
• If officers could act if retail sales become dominant.
• Why a sequential test had still not been carried out.

In answer to Members questions, the Applicant’s Agent confirmed that the site is large enough for her client’s requirements and no extension would be required and that there would be no store closures in other parts of York as a result of this application. She advised due to the nature of the goods being supplied, it was reasonable to expect patrons to be using cars, but the site is close to the Park and Ride.

Members commented that this use would be preferable to another car dealership and that they were happy to see the site being brought back into use.

RESOLVED:             That the application be approved subject to the conditions listed in the officers report and the following additional conditions:¹

                                    Condition 5 – Prior to the development commencing, details of the cycle parking areas, including means of enclosure, shall be submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied until the cycle parking areas and means of enclosure have been provided within the site in accordance with such approved details, and these areas shall not be used for any purpose other than the parking of cycles.

                                    Reason – To promote use of cycles thereby reducing congestion on the adjacent roads and in the interest of amenity of neighbours.

                                    Condition 6 – The building shall not be occupied until the areas shown on the approved plans for parking and manoeuvring of vehicles (and cycles, if shown) have been constructed and laid out in accordance with the approved plans, and thereafter such areas shall be retained solely for such purposes.

                                    Reason – In the interests of highway safety.

                                    Condition 7 – No part of the site shall come into use until the turning areas  have been provided in accordance with the approved plans. Thereafter the turning areas shall be retained free of all obstructions and used solely for the intended purpose.

                                    Reason – To enable vehicles to enter and leave the site in a forward gear thereby ensuring the safe and free passage of traffic on the public highway.

                                    Condition 8 – Prior to the commencement of the use hereby approved, provision shall be made within the site for accommodation of delivery/service vehicles in accordance with the approved plans. Thereafter all such areas shall be retained free of all obstructions and used solely for the intended purpose.

                                    Reason – To ensure that delivery/service vehicles can be accommodated within the site and to maintain the free and safe passage of highway users.

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to impact on the Green Belt, highway safety, retail impact on York City and other shopping centres, neighbour amenity and sustainability. As such the proposal complies with national advice within Planning Policy Guidance Note 2 (“Green Belts”) and Policies GB1, GB3, GP1, SP7A, S2 and GP4A of the City of York Draft Local Plan.

                                    Please Note – The use hereby approved falls outside any use class as defined in the Town and Country Planning (use Classes) Order 1987 (or as in any amended order) and is therefore considered to be a “sui generis” use. Planning permission will be required for any alternative use not the subject of this application or if the extent of the retail sales increases above  the limits described here. You are advised to contact the Local Planning Authority for further advice if any change of use from that described is proposed.

                                    Informative

                                    The gravel areas fronting the site that are shown to be re-laid as grass in the approved site plan (drawing no.(0) 06 rev.B) are actually within the public highway. Therefore the applicant is requested to contact the Council for further advice and for consent to undertake this work.