Agenda item

Erection of garden centre retail development incorporating restaurant/cafe and farm food hall with associated access, landscaping, car park, outdoor display areas and hand car wash. [Rural West York Ward] [Site Visit]

 

The Committee considered a full major application (13 weeks) submitted by  Dobbies Garden Centre Ltd for the erection of a garden centre retail development incorporating a restaurant/cafe and farm food hall with associated access, landscaping, car park, outdoor display areas and a hand car wash.

 

Officers stated that a revised landscaping plan had been submitted in response to the Landscape Architect’s comments and the landscape architect had noted that there would be some loss of existing trees on site but these would be compensated by new tree planting. However the scheme would   benefit from an increased population of larger species trees such as Oak and Ash. He stated that the aesthetics of the scheme remain unsatisfactory on Opus Avenue, although to a degree this was out of the applicants control, it would be beneficial to achieve greater planting within this location.

 

Officers also reported that the Environmental Protection Unit had requested a condition to prevent noise issues during the operation of the proposed development and asked for further information regarding the air quality impact by virtue of the nearby dwellings. They had agreed with the applicant that the provision of electric vehicle recharge points could be dealt with through the green travel plan.

 

Officers advised of the following amendments to the proposed conditions

·        Condition 1 – replacement drawing number

·        Condition 3 – Figure for on-site renewable energy sources should read 10% not 5%

·        Condition 11 – re landscaping scheme -  insert drawing number SB/YK/P/01 Revision C received 30 January 2012

·        Condition 18 should read “the cafe/restaurant, including the kitchens, shall not exceed in floor area 1010 sqm specified on drawing number 1858(PL)308.

·        Condition 19 – remove second part of condition (referring to specialist foodstuffs) as it is not considered reasonable in accordance with the tests set out in Circular 11/95

·        Condition 20 – reworded to include conditions 17 and 26. Some goods have been restricted as they are considered ancillary rather than primary goods of a garden centre. Internal floor area differs slightly to that specified in report as floor area of potential eco-department was not included.

·        Conditions 17 and 26 removed as they are now included in condition 20.

 

Officers advised that standard condition VISQ8 (external materials) and a condition for fencing should also be added.

 

It was noted that following the site visit and chair’s briefing, the following alterations were requested: a dedicated taxi bay; moving the cycle shelters close to the front entrance; and widening of the pedestrian footway to accommodate both pedestrian and cycle traffic. Members were advised that the applicant had declined to alter their proposals.

 

[A full copy of the officers’ update has been published online with the agenda  on the Council’s website.]

 

Representations were received from the agent of a local garden centre in objection to the application. He agreed that the revised conditions were helpful but didn’t go all the way to meeting his concerns which included the  use of the 20 minutes drive time for the retail assessment, and the number of jobs which would be lost would not overcome those created by the proposal.

 

Representations were also heard from the agent in support of the application. He stated that this application was the culmination of several years hard work to find a suitable site in York for Dobbies and they had been encouraged by the positive feedback from public and key stakeholders at the consultation event. He confirmed that the site provided a suitable opportunity for the Dobbies to achieve its high  quality aspirations in York and it would also provide new job opportunities.

 

Members raised concerns that there was no lighting times proposed and asked that a condition be added to control these. Officers suggested that condition 14 (method and design of external lighting) could be expanded to include times.

 

Members expressed their overall support for the scheme but raised and discussed the following concerns:

 

·        Public Transport Links – Members noted that the nearest bus stop was some 300m away from the site, that the no 10 bus service was not frequent on Sundays and the no 20 bus service took a slow and winding route. They also pointed out that not all staff would have their own transport and that cycle provision parking was still not right and would benefit from space for bike trailers which were being used by more and more people. Members asked for consideration to be given to the applicant being asked to provide a taxi pick up/drop off point outside the entrance.

 

The applicant’s agent raised concerns that siting a taxi rank outside the main entrance would detract from the appearance of the entrance area and could potentially pose a danger to pedestrians.

 

·        Food Hall – Members raised concerns about the proposed size of the food hall (condition allows max 450msq) and the types of products which would be sold. They questioned whether this could create competition with other food shops in Poppleton. One Member proposed that this be reduced to 300msq to reduce the likelihood of competition with local mainstream shops.

 

The applicant’s agent confirmed that the food hall would operate as an ancillary part of the garden centre rather than a stand alone convenience retail operation and that their intention was not to  compete with local shops.

 

·        High Percentage of ancillary goods – One Member stated that the 15% limit for ancillary goods was too large considering the size of the overall site and proposed that this  be reduced to 10%.

 

·        Loss of employment land – Members raised concerns that this site has been designated as employment land not retail and there was not sufficient evidence regarding creation of new jobs.

 

·        Capacity of ring road – Concern was expressed that this development would lead to more congestion and pollution on the ring road.

 

·        Development is unsustainable – One Member stated that none of the produce to be sold will be grown on site.

 

Members acknowledged that it was important to be able to agree on a suitable location for Dobbies to set up in York and acknowledged that siting a venture such as this and ensuring that it is accessible to everyone would always be a challenge. With regard to the concerns raised, Members acknowledged that it would be possible for taxi’s to drop off/pick up outside the entrance without the need for a specific taxi rank. Members were advised that the range of goods proposed to be sold was the norm in garden centres throughout the country and with regard to the proposal to reduce the amount of ancillary goods to 10% would lead to a lack of consistency across the city and pointed out that Poppleton Garden Centre had a 15% limit. Members agreed that development of the site would be an improvement for what is currently an empty and desolate site.

 

Councillors D’Agorne and Watson asked that it be recorded that they voted against the application.

 

RESOLVED:             That the application be approved subject to the conditions listed in the report, the amended and additional conditions below, the removal of conditions 17 and 26 (incorporated into amended condition 20) plus the amendment of condition 14 on lighting to include specific times (details to be delegated to officers in conjunction with Chair and Vice-Chair of the Committee)

 

Amended Condition 1

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

 

Drawing Number 1858(PL)303 Revision C received 26 January 2012

Drawing Number 1858(PL)304 received 7 December 2011

Drawing Number 1858(PL)305 received 7 December 2011

Drawing Number 1858(PL)306 Revision B received 27 January 2012

Drawing Number 1858(PL)307 Revision A received 7 December 2011

Drawing Number 1858 (PL)308 received 7 December 2011

 

Drawing Number 1858(PL)309 Revision A received 27 January 2012

Drawing Number 1858(PL)310 received 7 December 2011

Drawing Number 1858(PL)311 Revision A received 7 December 2011

Drawing Number 1858(PL)312 received 7 December 2011

Drawing Number 1858(PL)313 received 7 December 2011

Document 5: Floodrisk Assessment and Drainage Statement  submitted 7 December 2011

Document 8: Ecological Survey Report submitted 7 December 2011

Drawing Number SB/YK/P/01 Revision C received 30 January 2012

Drawing Number E14 received 6 December 2011;

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 3

No building work shall take place until details have been submitted and approved in writing by the Local Planning Authority, to demonstrate how the development will provide from on-site renewable energy sources, 10 per cent of the development's predicted energy requirements. The development shall be carried out in accordance with the submitted details unless otherwise agreed in writing by the Local Planning Authority. The approved scheme shall be implemented before first occupation of the development. The site thereafter must be maintained to the required level of generation.

 

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 11

The landscaping scheme shall be in accordance with Drawing Number SB/YK/P/01 Revision C received 30 January 2012. Prior to development a specification for ground preparation for all planting and seeding, and tree pit details shall be submitted to and approved in writing by the Local Planning Authority. 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 the Local Planning Authority agrees alternatives in writing.

Reason:  So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the entire site, since the landscape scheme is integral to the amenity of the development.

 

Amended Condition 18

The cafe/restaurant, including the kitchens, shall not exceed in floor area (1010 sqm) specified on drawing number 1858(PL)308.

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

 

Amended Condition 19

The food hall hereby permitted shall not exceed in floor area (450 sqm) specified on drawing number 1858(PL) 308.

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

 

Amended Condition 20

 

The premises shall be used as a garden centre (incorporating a cafe/restaurant and foodhall) and for no other purposes including any other purpose in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any Statutory Instrument revoking and re-enacting that Order.

 

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, water recycling products,

 

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

 

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

 

(n)        Christmas trees (live and artificial) and decorations

 

(o)       ancillary restaurant/coffee shop

 

(p)       live poultry and bird care products

 

(q)       wood /biomass burning products and wood burning stoves

 

(r)        ancillary food hall

 

The following range of goods shall be limited to 15% (1076 sqm) of the total internal floorspace (7178 sqm) including the cold house and polytunnels:

 

(i)         books, magazines, periodicals, videos and CD and DVDs; all  relating to gardening,

 

(ii)        hobbies, camping equipment, toys, games, crafts and garden play equipment,

 

(iii)       baskets, wickerwork and country crafts,

 

(iv)       china, glass, vases and pots,

 

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

 

(vi)       Gift lines and greetings cards

 

(vii)      eco living, solar and environmental products

 

(viii)     unspecified garden retail goods

 

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

Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of the external materials to be used shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The development shall be carried out using the approved materials.

Reason: So as to achieve a visually cohesive appearance.

 

 

Additional Condition

Details of all means of enclosure to the site boundaries (including colour and finish) shall be submitted to and approved in writing by the Local Planning Authority before the development commences and shall be provided before the development is occupied.

Reason:  In the interests of the visual amenities 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.

 

[Note: This was added as a separate condition rather than an amendment to condition 14]

 

REASON:                  The proposal, subject to the conditions listed in the report, the amended and additional conditions above, the removal of conditions 17 and 26 and the amendment of condition 14 (lighting), would not cause undue harm to interests of acknowledged importance, with particular reference to retail impact, safeguarding of  employment land, residential amenity, visual amenity, highway impact,  contamination, air quality, Flood risk, nature conservation. As such the proposal complies with Policies P7A, SP8, GP1, GP3, GP4A, GP4B, GP9, GP11, GP15A, NE5, NE5B, NE6, T2, T7C, T13A, T20, E3A, E3B, S2, S12 of the City of York Development Control Local Plan.