Agenda item

Outline application for demolition of existing buildings and erection of replacement petrol station with shop and drive-thru restaurant with associated parking and access [Rural West York Ward] [Site Visit]

 

Members considered an outline application by Skelwith Group for the demolition of existing buildings and erection of replacement petrol station with shop and drive-thru restaurant with associated parking and access.

 

A copy of a letter from Langley’s Solicitors, sent on behalf of the owner of one of the two houses immediately adjacent to the application site raising objections to the application, was circulated to Members of the Committee. A copy of a response to this letter from ID Planning on behalf of the applicant, was also circulated to Members.

 

Officers provided an update on the application. They advised that a Flood Risk Assessment had now been received in response to concerns relating to the level of information in respect of surface water drainage submitted with the proposal. They noted that the application site lies within Flood Zone 1 which has the lowest defined risk of flooding and is defined within Environment Agency guidance as being for a” less vulnerable use”. The built footprint of the site as re-developed would also not be materially different from the existing and any increase in surface water discharges would be minimal.

 

Officers also advised that seven further representations had been received from properties in the vicinity but that no new issues had been raised.

 

They also advised that Environmental Protection Unit (EPU) had provided further comments in respect of the air quality impact of the proposal and indicated that they felt the proposal would not give rise to any harm. In respect of the noise impact of the proposal, EPU have also indicated that subject to a number of detailed conditions to safeguard the amenity of the neighbouring property then the proposal would not give rise to any material harm. The following conditions were recommended (and would supersede the recommended conditions 5 and 6)

 

·        Restriction of deliveries to 7:00 to 23:00 Mon – Sat with no deliveries on Sundays or bank holidays.

·        Details of all machinery, plant and equipment to be installed in or located on the use hereby permitted which are audible outside of the site boundary when in use, shall be submitted to the local planning authority for approval.

·        All such approved machinery, plant and equipment shall not be used on the site except in accordance with the prior written approval of the local planning authority.  The machinery, plant or equipment and any approved noise mitigation measures shall be fully implemented and operational before the proposed use first opens and shall be appropriately maintained thereafter.

·        Details of an acoustic noise barrier to protect the residential properties on the south and south eastern boundary of the site shall be submitted to and approved in writing by the local planning authority.

 

Officers advised that since the committee report was prepared it had been brought to their attention that the second bungalow within the site which had been identified for demolition if the proposals are implemented was in fact let on a six month lease to a former employee of the garage. The applicant had confirmed that the tenant was aware of the proposed redevelopment and would be served with the appropriate legal notice to allow the proposal to be implemented.

They also advised that a further, more detailed, letter of objection has been submitted on behalf of the owner of the adjacent bungalow to be retained. This has been circulated separately to Members and raised the following additional issues which had been addressed further below:-

 

·        Concern is expressed over a lack of justification for retention of the petrol station. However, the petrol station use is historic and there is therefore no requirement to justify its continuance.

 

·        Concern is also expressed in respect of the impact of the proposal upon the residential amenity of the adjacent property, specifically in respect of noise, cooking smells and potential anti-social behaviour and the lack of mitigation of any impact along the site boundary. These matters are however dealt with via recommended conditions 4, and 7 along with the recommended conditions from the Environmental Protection Unit.

 

·        Concern is expressed in relation to the need and justification for the development. It is suggested that the proposal would give rise to a significant intensification of the use of the site with consequent congestion and impact upon pedestrians. A Transport Assessment has been submitted with the proposal which demonstrates that the proposal would not give rise to a material increase in congestion and there is limited scope for pedestrian access to the site. The proposal has been identified as ancillary to the existing motorist facility and as such the need or otherwise for the proposal is not a material planning consideration.

 

·        Concern has been expressed in respect of the appropriateness of the proposal within the Green Belt and its impact upon openness. Within the terms of paragraph 89 of the NPPF the proposal falls within the category of partial or complete re-development of a previously developed site whether redundant or in continuing use. This is taken as appropriate development where it would not have a greater impact on the openness of the Green Belt or the purposes of including land within it than the existing. The proposal involves the removal of the existing car dealership and car repair functions and the erection of a drive-thru restaurant. The redeveloped site would not be materially different in extent than that existing. The proposed access from the A1237 would impact upon the openness of the Green Belt; however, a significant quantity of landscaping is suggested on the submitted plan.

Representations were received from Ms Carol Patten, a local resident of Cinder Lane, in objection to the application. She made the following points:

·        The new enlarged roundabout should be moved slightly in order to give greater visibility to all properties

·        The aim of enlarged roundabout and new Park and Ride was to ease traffic flow on the ring road. These proposals for a drive- thru restaurant would restrict traffic flow on the ring road as traffic entering and leaving the site would have to use the roundabout.

·        The entrance to the site was so close to the roundabout it would be dangerous.

·        The proposals would have a massive visual impact on a semi rural area.

Officers confirmed that the entry/exit arrangements met both City of York Council’s and national standards and explained that these had already been subject to an audit and would be subject to a further audit.

 

Representations were received from Ms Gilly Adam, another local resident living opposite the garage, in objection to the application. She raised concerns in relation to traffic safety, anti social behaviour (ASB) and increased noise affecting local residents.  She made the following points:

·        local residents had suffered from ASB at night to a minor degree since the garage has been open 24 hours (as well as littering to her front garden).

·        the proposals could lead to an increase in ASB due to the increased volume of customers using the site.

 

Representations were received from Steven Ellis, the owner of Wills and Ellis, in support of the application. He made the following points:

·        The proposed changes would enable him to meet future business needs and provided a solution to guarantee business on the site for years to come.

·        Wills and Ellis Service Centre would move to a new location a mile away.

·        Car sales had reduced during the last year.

·        The built form is much the same as what is currently on site.

·        Access to the site needed to be altered due to the new road layout to ensure motorist and pedestrian safety.

·        20 new jobs would be created.

·        New restaurant/drive thru and petrol facilities would enable the site to be modernised and visually improved.

Mr Ellis responded to a query from Members regarding incidences of ASB which he confirmed were irregular and provided examples of types of incidents occurring.

 

He explained that due to the new roundabout being closer to the site, without the altered entrance/exit arrangements, the petrol delivery tanker would not be able to traverse the traffic to enter/exit the site and if he lost the petrol aspect of the business, the entire business would be threatened with closure.

 

Highways Officers provided further information on the road layout in response to various questions asked by Members and in response to safety concerns which had been raised.

 

Members agreed that they had no concerns about the petrol station part of the proposal however they recognised concerns regarding proposals for the drive thru- restaurant and the effect on residential amenity. They suggested that the remaining bungalow be screened and security arrangements put in place to ensure the resident felt secure.

 

Members were reminded that this was an outline application. EPU officers views were that the opening hours of the restaurant would not affect residential amenity and the alternative wording proposed in relation to operating hours was contained in the officer update to committee. Further information would be available once an operator came forward. A further “reserved matters” application would allow members to regulate opening hours.

 

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

 

Amended Condition 5

No deliveries shall be taken at or despatched from the drive-thru restaurant or shop hereby authorised outside of the hours of 07:00 to 23:00 Monday to Saturday or at any time on Sundays, Bank or Public Holidays.

 

Reason:  To safeguard the amenities of local residents and to secure compliance with Policy GP1 of the York Development Control Local Plan.

 

Amended Condition 6

Prior to the development hereby authorised being commenced details of an acoustic noise barrier to protect the residential properties on the south and south eastern boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. These details shall include the construction method, height, thickness acoustic properties and the exact position of the barrier. The barrier shall be erected in accordance with the approval before the use hereby permitted first comes into use and shall be maintained thereafter.

 

Reason:- To safeguard the residential amenity of the adjacent property and to secure compliance with Policy GP1 of the York Development Control Local Plan.

 

Additional Condition

20     Prior to the commencement of the development hereby authorised details of all machinery, plant and equipment to be installed in or located on the development hereby authorised which shall be audible outside of the site boundary when in use, shall be submitted to and approved in writing by the Local Planning Authority. These details shall include the location, maximum sound levels (LAmx(f)), average sound levels (LAeq), octave band noise levels and any proposed noise mitigation measures. The report shall be conducted in accordance with BS4142:1997. The report shall assess the impact of the additional noise sources on nearby residential properties and include any noise mitigation measures that are required. The approved mitigation measures shall be implemented prior to the commencement of the development hereby permitted.

 

NOTE:- The rating level of plant and machinery should not exceed 31dB(A) inclusive of a 5dB character correction if required under BS4142.

 

Reason:- To safeguard the residential amenity of neighbouring properties.

 

Additional Condition

21     All such approved machinery, plant and equipment shall not be used on the site except in accordance with the prior written approval of the Local Planning Authority. The machinery, plant or equipment and any approved noise mitigation measures shall be fully implemented and operational before the proposed development first opens and shall be appropriately maintained thereafter.

 

Reason:- To safeguard the residential amenity of neighbouring properties.

 

 

Reason:            As a re-development and consolidation of the existing site it was considered that the proposal would be not be inappropriate development in the York Green Belt within the terms outlined in paragraph 89 of the NPPF. It would give rise to no greater impact than the current operation in terms of the residential development to the north. A bungalow did however remain to the south east in close proximity but conditions restricting the  operating hours of the facility and requiring the reinforcement of the existing boundary treatment effectively mitigated any impact upon the residential amenity of that property At the same time the reconfiguration of the site access to gain entry from the A1237 Outer Ring Road and exit on to the A59 Boroughbridge Road would significantly improve conditions for local highway users when compared with the existing situation. The proposal was therefore considered to be acceptable in planning terms.