Agenda item

A major full application for the erection of a food store with car park with access off Water Lane.[Rawcliffe & Clifton Without Ward] [Site Visit].

Members considered a major full application by Mr Jason Stowe for the erection of a food store with car park with access off Water Lane.

Officers advised that since the report was written, a detailed landscape scheme in an acceptable form had been submitted and therefore recommended that condition 5 should be amended. They also advised members of amendments to the following recommended conditions:

·        Condition 2 – to substitute plan refs: - 3851-SK6-Rev C, 1439-210 G and SF 2466 LL01 Rev K for the drawings previously included.

·        Condition 10 - to include the wording”excluding the refrigeration unit” after “Details of all machinery, plant and equipment to be installed in or located on the use hereby permitted” as the issue has been addressed in the submitted noise report.

·        Condition 11 – to read  “Prior to development, an investigation and risk assessment (in addition to any assessment undertaken in association with the planning application) shall be undertaken”

·        Condition 24 - the access and parking layout has been revised and as a consequence this condition should be amended to substitute drawing refs: - 210-G and 3851-SK6 Rev C for those previously included.

·        Condition 26 vi) – the list of comparison goods should be amended to delete magazines.

Members noted that at the site visit the general view of members of the public was very much in favour of the application. They asked whether any consideration had been given to putting solar panels on the building. Officers advised that this was not a requirement of policy but the committee agreed that the applicant should be made aware that this was something they would welcome if possible.

Resolved:

That the application be approved subject to the conditions listed in the report and amendments to conditions 2, 5, 10, 11, 24 and 26 vi) as follows:

Amended Condition 2

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

Drawing Refs:-3851-SKA; 1439 210 G; 1439 214B; 1439 213; 1439 215; 1439 211; 1439 212; W635 E200 P1, 3851-SK6-REV-C; SF 2466 LL01 Rev K.

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 5

The development hereby authorised shall not be undertaken otherwise than in strict accordance with the detailed landscape scheme outlined in drawing ref: - SF 2466 LL01 Rev K within the first planting season following completion of the development.

Reason: To safeguard the visual amenity of the wider street scene.

Amended Condition 10

Details of all machinery, plant and equipment to be installed in or located on the use hereby permitted (excluding the refrigeration unit), which is audible at the boundaries of the nearest residential properties when in use, shall be submitted to the local planning authority for approval. These details shall include maximum sound levels (LAmax(f)) and average sound levels (LAeq), octave band noise levels and any proposed noise mitigation measures. 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.

Note: The combined rating level of any building service noise associated with plant or equipment at the site should not exceed the background noise level at 1 metre from the nearest noise sensitive facades when assessed in accordance with BS4142: 2014, inclusive of any acoustic feature corrections associated with tonal, impulsive, distinctive or intermittent characteristics.

Reason: To protect the amenity of local residents

Amended Condition 11

Prior to development, an investigation and risk assessment (in addition to any assessment provided with the planning application) shall be undertaken to assess the nature and extent of any land contamination. The investigation and risk assessment must be undertaken by competent persons. A written report of the findings shall be produced, submitted to and approval in writing of the Local Planning Authority. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination (including

ground gases where appropriate);

(ii) an assessment of the potential risks to:

- human health,

- property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

- adjoining land,

- groundwaters and surface waters,

- ecological systems,

- archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This shall be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

Amended Condition 24

The site shall not be used for the purpose of food retail until the following highway works (as shown indicatively on drwgs; 210 Rev G and 3851-SK6 Rev C) have been implemented in accordance with the aforementioned approved plans or arrangements entered into which ensure the same;

1) Widening of the existing footway to 3m along the Water Lane frontage from the Toucan crossing to the pedestrian/cycle access to the store (save for a localized pinch point around the BT cabinet)

2) Formation of a new bus stop on Water Lane consisting of a bus half layby with associated footway and kerb works

Reason: In the interests of providing a safe means of access to the site by all modes of transport and to, minimise disruptions to the free flow of traffic.

Reason: In the interests of the safe and free passage of highway users.

Amended Condition 26 (vi)

Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 as amended or any order amending, revoking or re-enacting that Order, or the description of development associated with this permission, no more than 249 square metres or 20% of the net floor space (whichever is the lower figure) of the retail development hereby authorised shall be used for the display and sale of comparison goods.

Comparison goods are defined as follows:-

i) Clothing, footwear and fashion accessories (including jewellery and watches);

ii) Music, Video/DVD recordings and computer games;

iii) Cameras (including camcorders) and other photographic equipment;

iv) Electronic Goods (incl TVs, Video, DVD, PC's and hi-fi equipment;

v) Toys;

vi) Books, and stationery;

vii) Household Textiles;

viii) Sports Goods;

ix) Gardening Equipment and Furniture;

x) Camping Equipment and tents;

xi) Luggage;

xii) Mobile phones and communication equipment

Reason:    

The proposal has been subject to a detailed sequential test and retail impact assessment. It is concluded that there are no sequentially preferable sites and the proposal is found to be acceptable in terms of its impact upon the vitality and viability of the City Centre. The applicant has been able to convincingly demonstrate that the site has not been successfully marketed for employment use.

The levels of parking and access arrangements have been demonstrated to be acceptable and subject to the detailed landscaping of the site being conditioned as part of any planning permission the proposal is felt to be acceptable.