Agenda item

Erection of foodstore with associated parking and landscaping after demolition of existing swimming pool.  [Westfield Ward]   [Site Visit]

Members considered a major full application (13 weeks) from Lidl UK GMBH for the erection of a foodstore with associated parking and landscaping after demolition of the existing swimming pool.

 

Officers advised that although the agent had submitted additional drainage details, Structures and Drainage still considered some information to be outstanding and recommended that this information be requested through the addition of a Surface Water Drainage (Drain 1) condition which officers considered would also cover the information required by Yorkshire Water.

 

A letter of support received from Councillor Steve Galloway was circulated to the Committee for information. This expressed his support in principle for the proposed development but questioned the requirements for Condition 17 (cycle parking location, and additional cycle parking), Condition 26 (additional glazing on the Thanet Road elevation), Condition 27 (duo post structure), and Condition 28 (number of parking spaces reduced). In respect of condition 25 (boundary fencing) he suggested that the fencing should be the same as existing at present.

 

Officers recommended the following amendments to the conditions listed in the report:

 

§         Condition 17 – remove reference to the siting of the cycle parking adjacent to the entrance but require details of additional cycle parking areas within the car park to be submitted to and approved in writing by the Local Planning Authority before occupation of the building.

§         Condition 25 – revise to require details of the colour of the paladin fence to the northeast and northwest boundaries to be submitted to and approved in writing by the Local Planning Authority.

 

§         That an additional condition be added requiring the external car park lighting to be switched off a maximum of 30 minutes after the store has closed for business, and switched on a maximum of 30 minutes before the store opens for business.

 

§         that the reason for approval refer specifically to the “retail impact on Acomb District Centre and the City Centre”

 

Officers advised that a letter had been received from the Acquisitions Manager from Lidl with regard to the consultation responses shown in the report and other points raised in the report. They also advised that a letter of objection had been received from Peacock and Smith acting on behalf of Morrisons Supermarkets with regard to the Lidl retail study and stating that the proposed store would not comply with certain areas of planning policy, to which the Council’s City Development Team had provided a written response.

 

Representations were received from a representative of York Natural Environment Trust (YNET) in objection to the application. He reminded Members that Hob Moor had one been linked with Acomb Moor and now that the land was no longer required for a swimming baths there was the opportunity to enable this corridor of open space to exist again.

 

Representations were also received in objection to the application from a local resident. He urged Members to look into the legal aspect of a Ministry of Housing requirement for the site to be used for a swimming baths. He also asked that, should be application be approved, that consideration be given to local residents during demolition, construction and operation of the store.

 

Representations were received from the Acquisitions Manager of Lidl in support of the application. She advised Members that a retail assessment had shown that their was a requirement for a retail store in the area with a public consultation even held in November 2009 revealing a desire for a deep discount foodstore in the locality. She commented on some of the proposed conditions and advised the Committee that the store would seek to employ up to 25 employees from the local area.

 

Officers responded to Members queries regarding the ownership and use of the land and confirmed there was no longer a need for the land to be used for leisure facilities (as alternative facilities were provided nearby) and no requirement to return the land to stray land.

 

Members requested that the following amendments be made to the conditions listed in the report:

 

§         that Condition 9 which covers the Construction Environmental Management Plan be amended to include not just heavy goods vehicles but all contractors vehicles.

 

§         that Condition 14 be amended to refer to a “minimum” of BREEAM standard of very good.

 

§         That the condition limited parking to 59 car parking spaces be deleted as this could force people to park on the road which could lead to safety concerns in view of the large number of elderly residents living close by.

 

§         that condition 26 regarding glazed panels on the Thanet Road elevation be strengthened to include additional glazed panels agreed by the applicant.

 

RESOLVED:

 

That the application be approved subject to the conditions listed in the report and the amended, additional and removed conditions listed below.

 

Conditions to be removed:

Existing Condition 17 (re siting of cycle parking)

Existing Condition 21 (re landscaping)

Existing Condition 28 (re limit on  car parking spaces)

 

 

Amended Condition (re plans)

The development hereby permitted shall be carried out in accordance with the following plans:-

Drawing Number 01 Revision F received 3 February 2010

Drawing Number 02 Revision H received 3 February 2010

Drawing Number 03 Revision E received 2 March 2010

Landscaping Detail, Drawing Number R/1063/1A received 3 February 2010

 

Except where conditions have been imposed which require amendments to the above drawings.

 

Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

 

Amended Condition (re Construction Environmental Management Plan)

Before the commencement of development, a Construction Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Construction Environmental Management Plan shall identify the steps and procedures that will be implemented to minimise the creation and impact of noise, vibration, dust and waste disposal resulting from the demolition, site preparation, groundwork and construction phases of the development and manage Heavy Goods Vehicle access to the site. It shall include details of measures to be employed to prevent the egress of mud, water and other detritus onto the public highway. It shall include for the provision of a dilapidation survey of the highways adjoining the site. Once approved, the Construction Environmental Management Plan shall be adhered to at all times, unless otherwise first agreed in writing with the Local Planning Authority.

 

Reason: To safeguard the amenity of residential occupants on the site and in the surrounding area and in the interests of highway safety.

 

Amended Condition (re BREEAM Standard)

The development hereby approved shall be constructed to a minimum of BREEAM standard of 'very good'. No building work shall take place until a BREEAM Pre-Assessment Estimator (Design and Procurement Stage) is submitted to the Local Planning Authority documenting a 'very good' rating. A formal Post Construction assessment by a licensed BREEAM assessor shall be carried out and a copy of the certificate shall be submitted to the Local Planning Authority prior to occupation of the building. Should the building fail to achieve a "very good" BREEAM rating a report shall be submitted for the written approval of the Local Planning Authority demonstrating what remedial measures shall be undertaken to achieve a "very good" rating. The remedial measures shall then be undertaken within a timescale to be approved in writing by the Local Planning Authority.

 

Reason: To ensure that the proposal complies with the principles of sustainable development and the Council's adopted Interim Planning Statement on Sustainable Design and Construction

 

Amended Condition (re fencing)

Prior to the commencement of development on site details of the colour of the paladin fence to the northeast and northwest boundaries shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

Reason: In the interest of the visual amenities of the area

 

Amended Condition (re glazed panels)

Notwithstanding the submitted plans and prior to commencement of development on site details shall be submitted to and approved in writing by the Local Planning Authority showing at least one further feature rendered panel/bay on the Thanet Road/south west elevation replaced with 3 full length glazed panels. The development shall be carried out in accordance with the approved details.

 

Reason: in the interests of the amenity of the area

 

Additional Condition

The external car park lighting shall be switched off a maximum of 30 minutes after the store has closed for business, and switched on a maximum of 30 minutes before the store opens for business.

 

Reason: In order to protect the amenities of the neighbours and the character and appearance of the area from excessive illumination.

 

Additional Condition

Development shall not begin until details of foul and surface water drainage works have been submitted to and approved in writing by the Local Planning Authority, and carried out in accordance with these approved details.

 

Reason: So that the Local Planning Authority may be satisfied with these details for the proper drainage of the site.

 

REASON:

 

The proposal, subject to the conditions listed in the report and the removed, amended and additional conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference the residential amenity of the neighbours, the visual amenity of the building and the locality, the retail impact on Acomb District centre and the city centre, and highway safety. As such, the proposal complies with Policies SP7a, GP1, L1b, GP4a of the City of York Council Development Control Local Plan (2005); and national planning guidance contained in Planning Policy Statement 1 "Delivering Sustainable Development", Planning Policy Statement 4 "Planning for Sustainable Economic Growth", and Planning Policy Guidance 13 "Transport".