Agenda item

Erection of extension to building and bedding canopy with associated landscaping following demolition of existing buildings [Rural West York Ward]

Members considered a major full application (13 weeks) for the erection of an extension to the building and bedding canopy with associated landscaping following demolition of existing buildings.

Officers advised that the Integrated Strategy Unit had responded to the consultation confirming they had no objections to the scheme. However they advised:

·        that very special circumstances should be submitted to overcome the presumption against development in the greenbelt.

·        the development should comply with Policy S12 “Garden Centres”

·        the supporting information does not provide a breakdown of the % floorspace of the type of goods sold. Request conditions that goods sold are garden related, and any ancillary goods and products should be limited to 15% of the floorspace.

·        they do not raise an objection to the retail statement’s conclusion that there would not be a significant impact on trading performance of the city centre.

Officers therefore advised that condition 11 should be revised to include a statement that the goods specified in the condition under subheadings  m, o, p, r and t shall collectively be limited to no more that 15% of the internal floorspace of the garden centre building. They also advised that Condition 9 should be amended to correct a typing error and that condition 4 should be revised to refer to a specific area of landscaping. Lastly they requested that an additional condition be added to stipulate that the land to the south of the garden centre (shown in drawing no T657-102) only be used for the growing of plant stock.

Representations were received from the agent in support of the application. He drew Members’ attention to paragraphs 4.8 and 4.9 of the officer’s report providing details of “very special circumstances” which could apply to this application. He explained that the proposals would include the removal of an extensive area of hard standing in the car park which would be replaced by landscaping which would have a positive visual impact. He advised that the vacant land to the south of the building would be restored to nursery use and the plants would be sold in the garden centre and that there would be public access to the plant nursery for training and apprenticeships. There would be an increase in jobs.

Members questioned whether there would be any external lighting as part of the scheme and the speaker advised there were no significant proposals. Members pointed out that it was a large site, situated on an A road at a junction and asked that a condition be included to cover this.

Members welcomed the proposals and the tidying up of the land, including increased landscaping, around the garden centre.

RESOLVED:             That the application be approved, subject to the conditions listed in the report and the amended and additional conditions below, after referral to the Secretary of State.

                                    Amended Condition 4

No development shall take place until there has been submitted and approved in writing by the Local Planning Authority a detailed landscaping scheme for the area of landscaping shown on Drawing Number T657-102 adjacent to the road junction of  the A59 and Northfield Lane which shall illustrate the number, species, height and position of trees and shrubs.  This scheme shall be implemented within a period of six months of the completion of the development.  Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority.

Reason:  So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site.

Amended Condition 9

No raw materials, finished or unfinished products or parts, crates, materials, waste, refuse, or overnight/weekend storage of vehicles or any other item shall be stacked or stored outside of the 'goods in' area as specified in drawing number T657-120 without the prior approval in writing of the Local Planning Authority.

Reason:  In the interests of visual amenity in this prominent open countryside and Green Belt location.

Amended Condition 11

Sales from the garden centre shall be limited to the following goods, products and services:

(a)       goods and services related to gardens and gardening,

(b)       horticultural products, trees, plants, shrubs, house plants and flowers of any type including fresh and dried flowers,

(c)        garden and gardening equipment, tools and accessories,

(d)       machinery for garden use and servicing of it,

(e)       barbeques and their accessories,

(f)         conservatories,

(g)       outdoor and conservatory furniture, furnishings and accessories,

(h)        sheds, garden buildings, greenhouses, summerhouses, gazeboes, pergolas, garden offices,

(i)         ponds and materials and fittings for their servicing,

(j)         fencing, trellis and landscaping materials,

(k)        aquatics, water garden equipment and their accessories,

(l)         garden ornaments and statuary, baskets and other containers for the growing and display of indoor and outdoor plants and flowers,

(m)      books, magazines, periodicals, videos and CD and DVDs relating to gardening,

(n)        pets, pet accessories, pet care and advice,

(o)       indoor and outdoor hobbies, toys, games, crafts and garden play equipment,

(p)       baskets, wickerwork and country crafts,

(q)       Christmas trees (live and artificial) decorations, gifts,

(r)        china, glass, vases and pots,

(s)        soft furnishing associated with garden and conservatory furniture,

(t)         outdoor clothing and footwear, including wellington boots, garden aprons and smocks, gardening boots and clogs, gardening gloves, gardening hats, gardening rainproofs and gardening overalls,

(u)        restaurant/coffee shop

The goods specified above as M, O, P, R, and T shall collectively be limited to no more than 15% of the internal total floorspace of the garden centre building.

Reason: To define the nature of the approval hereby granted, to control the nature and extent of retail activities conducted from the site and to ensure the protection of the vitality and viability of the surrounding urban centres in accordance with the objectives of PPS4 "Planning for Sustainable Economic Growth".

Additional Condition

The land to the south of the garden centre shown in Drawing Number T657-102 to be used for the growing of plant stock shall be used for this purpose only.

Reason: To define the nature of the approval hereby granted, to control the nature and extent of retail activities conducted from the site and to ensure the protection of the vitality and viability of the surrounding urban centres in accordance with the objectives of PPS4 ‘Planning for Sustainable Economic Growth’. To comply with the applicant’s statement of very special circumstances and to comply with PPG2 ‘Greenbelts’ and Policy GB1 of the City of York Development Control Local Plan.

Additional Condition

Notwithstanding the submitted plans and prior to the commencement of the development full details of the method and design (including illumination levels) and siting of any external illumination shall be submitted to and approved in writing by the Local Planning Authority and shall be completed in accordance with the approved details. Any subsequent new or replacement illumination shall also be agreed in writing by the Local Planning Authority prior to its provision.

Reason: In order to protect the character and appearance of the area from excessive illumination. In the interests of the visual amenity of the greenbelt and the rural location and to protect the character of the area.

REASON:                  The proposal, subject to the conditions listed in the report and the amended and additional conditions 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 dwelling and the locality, and the openness and purposes of the green belt. As such, the proposal complies with Policies SP2, GP1, SP6, GP4a, GB1, T13a, Gp15a, and GP4a  of the City of York Development Control Local Plan (2005); Policy CS1 of the emerging City of York Core Strategy; national planning guidance contained in Planning Policy Statement 1 ‘Delivering Sustainable Development’, and Planning Policy Guidance 2 - ‘Green Belts’.