Agenda item

A major full application for the use of a premises as a retail food store with external alterations including the reconfiguration of the shop front, canopy, installation of a new customer cafe and associated toilets, the installation of ATM`s, the removal of an existing garden centre and builders yard and the reconfiguration of site access and customer car park. [Osbaldwick Ward] [Site Visit]

Consideration was given to a major full application by B&Q and Sainsbury’s Supermarkets Ltd for the use of a premises as a retail food store with external alterations including the reconfiguration of the shop front, canopy, installation of a new customer cafe and associated toilets, installation of ATM’s, removal of an existing garden centre and builders yard and the reconfiguration of site access and customer car park.

Officers provided an update to the committee report, full details of which are attached to the online agenda for this meeting. The main points were as follows:

·        681 individual cards had been received raising objections to the proposals on traffic and impact on local traders.

·        An additional letter of objection had been recieved from Morrisons Supermarket which raised concerns about the way their comments had been précised in the committee report. Their comments were elaborated on in the update.

·        Condition 8 be removed and replaced with Environmental Protection Service conditions on acoustic barrier, lighting impact, delivery times, service yard and electric charging points.

·        Amended condition 13 relating to a bio mass boiler.

Members asked officers a number of questions on the committee report as follows:

·        Clarification on the delivery times. It was confirmed that deliveries would be conditioned to take place between 05:00 and 24:00. Previously there had been no restrictions on delivery times to B&Q.

·        If the site would be accessible 24 hours a day. It was confirmed that it would be.

·        Some Members queried deliveries at night time and the operation of the cash machines 24 hours a day and whether acoustic fencing as a barrier would be sufficient. It was confirmed that Officers felt this would be sufficient.

Johnny Hayes had registered to speak on behalf of Bishopthorpe Road Traders Association. He advised that originally he was going to speak on behalf of Bishopthorpe Road Traders only but having spoken to a lot of independent traders in other areas of York he was now speaking more broadly. He referred to the lack of a Local Plan in York which as a result meant that there was no protection to neighbourhood areas and therefore no importance was being given to local shops. He felt that the number of superstores in York was excessive and local shops were bearing the impact. He urged members to reject the application.

Isobel Waddington spoke on behalf of Murton Parish Council. She raised concerns about the impact of landscaping and lighting at the site on local residents. She also referred to the impact of traffic in the area and motorists using Murton as a short cut to reach the store if Hull Road is grid locked. She asked if it would be possible for Sainsbury’s to pay for traffic calming measures in Murton.

Graham Kennedy spoke on behalf of Local residents in objection to the application. He referred to 1,800 signatures which had been collected against the petition and raised concerns about the impact on traffic, the retail impact and the unsustainable location of the site.

Sue Smales, Sainsbury’s Town Planning Manager, spoke on behalf of the applicant. She advised that as well as objections, there had been a lot of support for a supermarket at the site. In relation to B&Q, they would be leaving the site irrespective of the application. 400 jobs would be created, with a third being full time. In response to concerns raised about traffic issues she referred to the highways scheme as agreed with the Council’s officers and Sainsbury’s own traffic consultants. It was also confirmed that the recycling facilities would need to stay in the place identified in the plans. In relation to the cash machines it was confirmed that there were no plans to make them inaccessible after the store closes.

Members entered debate and made the following comments:

·        Although some Members were sad to see B&Q vacate the site, a lot of the objectors concerns about another supermarket in York related to concerns about retail competition which could not be taken into account as a planning matter.

·        Members agreed that there would be an impact on traffic in the area and that traffic issues were the only planning matter on which the application could potentially be refused but as the Councils highway officers were happy with the scheme they had to accept the advice of officers.

·        Some Members questioned the need for the cash machines to be accessible after 11pm when the store will be closed and considered that they could be shuttered off. Discussion took place regarding the addition of a condition to ensure the cash points are inaccessible once the store is closed.

·        Members acknowledged there was strong feeling in the local community against the application but also a considerable amount of support for it.

Councillor Galvin moved the recommendation with an additional condition to ensure the cash machines are closed when the store is closed. When put to the vote it was a 8 votes for 8 against. The chair used her casting vote and the amendment was lost.

Councillor Horton moved the officers’ recommendation and Councillor Simpson Laing seconded. When put to the vote this was carried 12 votes to 4.

Resolved:   (i)     That the application be deferred pending referral to the Secretary of State.

(ii)    That Officers be delegated to approve the application if the Secretary of State does not call in the application for his own determination, subject to the conditions outlined in the committee report.

Reason:              The site is identified as a being within the built up part of York in the DCLP proposals map. The site is a developed site which has a long term retail use and although this is restricted to bulky goods the existing development is a material planning consideration.

The NPPF requires that a sequential and impact test be applied to town centre uses that are not in a centre. The DCLP is becoming dated in some respects nevertheless the general thrust of policies within it support the NPPF position of town centre first. The emerging plan is not sufficiently far advanced to be a material planning consideration. The retail background documentation which was published in October 2014 does not yet have its addendum available which will identify the extent and number of neighbourhood centres that are to be protected through emerging policies.

Therefore no weight can be attached to the policies in the emerging plan in so far as they relate to the identification of local centres and neighbourhood centres (in accordance with Annex 1 of the NPPF).

The Council's retail planning consultants WYG on behalf of Integrated Strategy say that the proposal will not have significant adverse impacts on the city centre or the defined centres of Acomb or Haxby.

Highway Network Management have reviewed the submitted transport assessment and have concluded that the proposal will not create residual cumulative impacts on the highway network that are severe in accordance with relevant paragraphs in the NPPF.

It is considered that the economic, environmental and social gains proposed within the development represent sustainable development as set out in paragraph 7 of the NPPF.

Therefore in addressing the other material considerations it is concluded that the site is already developed, is within the built up area of the city, can be accessed by sustainable means, will not create residual cumulative impacts on the highway network that are severe. It is also concluded that the proposal includes appropriate design and landscaping for the building, will not impact on the residential amenity of adjacent properties and is a sustainable form of development in the context of paragraph 7 of the NPPF.

In the absence of any harm being identified that significantly and demonstrably outweighs the benefits the application for a new supermarket at the B &Q site is supported. The proposal is considered as a whole to accord with the NPPF subject to appropriate conditions.

The application will need to be referred to the Secretary of State under The Town and Country Planning (Consultation) (England) Direction 2009. (Circular 02/2009)