Agenda item

A full application for the erection of an extension to the existing Sainsbury’s store together with the reconfiguration of the existing car park and internal alterations.

Members considered a full application for the erection of an extension to the existing Sainsbury’s store together with the reconfiguration of the existing car park and internal alterations.

The Officer circulated an update to Members which included certain corrections to the written report in the agenda. Firstly, the location of the site on the plan attached to the agenda was incorrect.  Secondly, the figure agreed by Sainsbury’s in a unilateral undertaking towards highway works identified by the Monks Cross Masterplan Highways Network Management, was £12,300 not £12,500 as stated in Paragraph 5.3 of the Officer’s Report.  The Officer explained that a unilateral undertaking was a legal agreement submitted by the applicant to pay the required amount and would not need to be covered by a condition.

The Officer explained that the architect had agreed to the planting of additional trees within the car park and that this requirement could be incorporated into a landscaping condition for the whole site.  A condition was also required to ensure that the Framework Travel Plan submitted with the application was expanded into a Full Travel Plan. The Officer also commented on a previous application for the redevelopment of the existing petrol filling station which included a car wash within the existing car park.  The car wash proposal could still be implemented and would involve the loss of 8 car parking spaces.  However, the applicant is now examining the alternative locations for the car wash as they had no wish to lose any further car parking.

Members commented on the briefing note delivered to Members by Sainsbury’s and questioned the decision to have this document presented in a non recyclable plastic folder.

Members questioned the Officer on the type of trees that were to be planted in and around the car park and wished to ensure that substantial specimens are planted whilst not restricting visibility within the car park.

Members remarked that they had noticed on the site visit that the location of the disabled parking spaces was not particularly convenient and asked the applicant’s agent whether any changes could be made.

The agent for Sainsbury’s, answered the Members’ query by saying that the car parking for disabled customers will be located in their current position in the new car park.  She added that there will be an additional eight spaces regardless of location within the car park, and pointed out that the larger dimensions required by the disabled spaces made them difficult to move without compromising the car parking layout as a whole. If the spaces were to move closer to the area occupied by the ATM machines this could also cause potential conflict due to the narrowness of the path in this area.  She reiterated that Sainsbury’s had a good record of reviewing customer feedback and would continue to do this should any specific issues arise.

Some Members commented  that mobile disablement is not the only form of disability and this meant that it was not always necessary to locate disabled parking spaces immediately adjacent to the store entrance.

Certain Members expressed their dissatisfaction at the application for encouraging greater out of town shopping, promoting greater car use through the extension of the car park and at the loss of trees for the site.

RESOLVED:             That the application be approved subject to the conditions listed in the Officers’ Report. ¹

                                                The following additional conditions were  as follows:

i)                    The Scheme of Landscaping and tree planting shown on Drawing No. MP001 PO2 dated 7 July 2009 shall be carried out in its entirety with the period of twelve months beginning with the date of commencement of the scheme, or within such longer period as may be agreed in writing with the Local Planning Authority.  Additional trees shall be planted as part of the scheme within the car park in numbers and locations, and in accordance with bio-engineering details, that have first been agreed in writing with the Local Planning Authority.  All trees, shrubs and bushes shall be adequately maintained for the period of five years beginning with the date of the scheme and during that period all losses shall be made

as and when necessary.

REASON:To provide a satisfactory appearance to the development in the interests of amenity.

ii)                  Before the commencement of development, including demolition, site clearance, building operations, excavation, or the importing of materials, a method statement regarding protection measures for the existing trees shown to be retained on the approved drawings shall be submitted to and approved in writing by the Local Planning Authority.  This statement shall include details and locations of protective fencing to be shown on a plan; phasing of works, site access during demolition/construction; type of construction machinery/vehicles to be used (including delivery and collection lorries and arrangements for loading/off loading); parking arrangements for site vehicles, locations for storage of materials; location of site cabin.  The protective fencing line shall be adhered to at all times during development to create exclusion zones.  None of the following activities shall take place within the exclusion zones: excavation, raising of levels, storage of any materials or top soil, lighting of fires, parking or manoeuvring of vehicles.  Within the exclusion zone there shall be no site huts, no mixing of cement, no disposing of washings, no stored fuel, no new service runs or other construction related activity.

REASON:To ensure protection of existing trees before, during and after development which are covered by a Tree Preservation Order and/or make a significant contribution to the amenity of the area and/or development.

iii)                Within six months of occupation of the site, a full company travel plan developed and implemented in accordance with national guidance and guidance currently published by the City of York Council, shall have been submitted and approved in writing by the Local Planning Authority.

REASON:To ensure the development complies with the Central Government advice contained with Planning Policy Guidance Note 13- “Transport” and to ensure that adequate provision is made for the movement of vehicles, pedestrians, cyclists and other modes of transport to and from the site, together with provision of parking on the site for these 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:-

·        Policy background

·        The principle of the development

·        Design and Landscape considerations

·        Traffic, highways and access issues

·        Drainage

·        Sustainability

As such the proposal complies with Policies SP7a, GP1, GP4a, GP9 and NE1 of the City of York Development Control Local Plan and policies E2, Y1, H4 and ENV5 of the Yorkshire and Humber Regional Spatial Strategy adopted in May 2008.

ENVIRONMENT AGENCY INFORMATIVE:

The Water Resources Act 1991, s85 makes it an offence to cause or knowingly permit poisonous, noxious or polluting matter to enter controlled waters unless you are in possession of a discharge consent or other relevant permit.  Controlled waters include all waters below the surface of the ground.  This legislation is not restricted to any listed substances.  Discharge consents issued under the Water Resources Act 1991 constitutes authorisations for the purposes of the Groundwater Regulations provided the relevant conditions have been applied.