Agenda item

The Area Lead Officer (South) presented the application as detailed in the agenda and with the aid of a powerpoint presentation showed the site and proposed plans.

He gave an update to members regarding a recent letter received from the applicant as a rebuttal to the comments made by the Spatial Planning Policy Unit. This highlighted the extant permission on the site and the applicant considered that this application would have no greater impact to that of the extant permission.

The Area Lead Officer (South) advised members that although this proposal is considered an out-of-town retail scheme the extant permission remained a material consideration in this case.

He also informed members of an amendment to recommendation (a)(ii) to read ‘ to ensure revocation of applications 09/03469/FUL, 13/03110/S73 and 13/03564/FUL by:

            Either:

1.    Requiring the involvement of third parties to be signatories to the legal agreement, i.e.: Abbey Manor Group Ltd and/or Abbey Manor Capital Partners Ltd,

                        Or:

2.    The LPA making a discontinue order or orders under s102 of the 1990 TCA or a revocation order or orders under s97 to 99 of the 1990 TCA. 

He confirmed to members that his recommendation was to approve the application subject to the conditions as detailed in his report. 

In response to questions the Area Lead Officer (South) informed members that:

·         Regulation of Anti-Social Behaviour was the responsibility of the Lidl Management. A barrier across the entrance has been proposed to prevent potential anti-social behaviour by way of misuse of the car park.

·         A condition has been included to impose restrictions on delivery hours to the store; however no condition has been imposed regarding opening hours although the application form indicates the requirement of standard opening hours.  These being 8am- 10pm Monday – Saturday and 10am – 4pm Sunday.

·         Concerns raised previously by the Rustywell Residents Association regarding external lighting and litter are again considered to be relevant.

·         The applicant has agreed to make a financial contribution to create a bus stop in the vicinity of the site on Lysander Road.

Norman Broome then spoke in objection to the application.  As a member of the Rustywell Residents Association he was overall satisfied with the changes to the application and was pleased to see a bus stop included within the proposal.

James Mitchell Head of Property, Lidl addressed the committee. He spoke of the success of the Lidl store located at Lyde Road and the public support for an additional store on the western side of the town.  He was excited for the opportunity to develop a new innovative store and provide additional employment opportunities to the area.

Councillor Nigel Gage, Ward member firstly raised his concerns regarding the application. He believed the application did not comply with the SSDC local Plan, possible impact on the town centre and potential precedent set against the Sequential test.  However he also acknowledged the extant permission already on the site, the employment opportunities the store would create and believed that internet shopping also had a major impact on the viability of the town centre.  He asked that a condition be included to impose restrictions on opening hours of the store.

During discussion, members made several comments including the following:

·         Acknowledged the extant permission already on the site.

·         Good site with excellent store design and promoted sustainable forms of transport.

·         Concerns raised regarding delivery times and noise levels and the impact this may have on local residents, however understood these issues controlled by mitigation.

·         Appreciate the need to protect the town centre, however satisfied with the sequential test and on balance consider it an excellent proposal for the western side of town.

It was then proposed and subsequently seconded that permission be granted as per the officer’s recommendation as set out in the agenda report with the amendment to (a)(ii).  This was carried by 14 votes in favour, 0 against and 2 abstentions.  Councillor David Recardo requested that it be recorded that he abstained from voting.

RESOLVED:

Grant planning permission for the following reason, subject to:

(a)        the prior completion of a section 106 planning obligation (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is    issued, the said planning obligation to cover the following:

(i)         Restriction of the range of products and services which can be sold/offered from the deep discount foodstore, including:

                        o          No more than 3,000 product lines,

o          Restriction on net sales area of non-food caparison goods to 20% of total net sales area,

                        o          No butchers, fresh fish, delicatessen counters,

                        o          No café/restaurant, post office or pharmacy,

                        o          No lottery sales, photographic booth or dry cleaning service

                        o          No cigarettes or tobacco products

(ii)        to ensure revocation of applications 09/03469/FUL, 13/03110/S73 and 13/03564/FUL by:

                        Either:

1.    Requiring the involvement of third parties to be signatories to the legal agreement, i.e.: Abbey Manor Group Ltd and/or Abbey Manor Capital Partners Ltd,

                                    Or:

2.    The LPA making a discontinue order or orders under s102 of the 1990 TCA or a revocation order or orders under s97 to 99 of the 1990 TCA. 

            (iii)       An off-site highways financial contribution of £100,000 towards the improvements of the Lysander Road/West Hendford junction to include upgrading to Toucan crossings and the upgrading of the existing footpath on the south eastern side of West Hendford to a shared footway/cycleway and the provision of a bus stop on Lysander Road. The bus stop and shared footway/cycleway works to be prioritised.

(iv)       The provision of a permissive route through the site suitable for pedestrians and cyclists which links Lysander Road and land to the east, former SSE site, as and when that site is developed; and

             (v)       index linking of all financial payments.

(b)        the imposition of the planning conditions set out below on the grant of planning permission.

It is considered any perceived impact on the vitality and viability on the town centre is offset by the real and evidenced fallback position of an extant deep discount foodstore on the same site and the history of such a permission in the vicinity since 2010. These matters and the creation of employment comprise material considerations that outweigh the conflict with national and local policy. The application detail also allays concerns regarding pollution and contaminated land, ecology, flooding and surface water drainage, and the impact on the local highway network. The design and layout of the scheme is appropriate in this location. The proposal is considered to therefore be in compliance with the aims and objectives of the National Planning Policy Framework, the Somerset County Council Parking Strategy (September 2012) and policies SD1, SS1, SS3, SS6, EP3, EP9, EP10, EP11, EP12, EQ1, EQ2, EQ3, EQ4, EQ5, EQ7, TA1, TA3, TA4, TA5 and TA6 of the South Somerset Local Plan (Adopted 2015).

SUBJECT TO THE FOLLOWING:

01.          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

                        Reason:  To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

02.       The development hereby permitted shall be carried out in accordance with the following approved plans:

                        a)         Site Location Plan, Drawing No. AD100

                        b)         Proposed Site Plan, Drawing No. AD110 RevB

                        c)         Proposed Building Plan, Drawing No. AD111

                        d)         Proposed Roof Plan, Drawing No. AD112

                        c)         Proposed Elevations, Drawing No. AD113

                        d)         Proposed Boundary Treatment, Drawing No. AD114 RevB

                        e)         Proposed Site Finishes, Drawing No. AD115 RevA

            Reason: For the avoidance of doubt and in the interests of proper planning.

03.          The subject land including the buildings thereon shall be used for Use Class A1 and for no other purpose (including any other purpose in 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 with or without modification). There shall be no sub-division or fragmentation of the unit hereby approved without the prior express grant of planning permission. The net trading area for the approved store shall not exceed 1,583sqm without the prior express grant of planning permission.

            Reason: In the interests of clarity, and given the out of centre location to accord with policies EP9 and EP11 of the South Somerset Local Plan (Adopted 2015) and the National Planning Policy Framework.

04.          During the construction phase no site machinery or plant shall be operated, no process shall be carried out and no construction related deliveries taken at or dispatched from the site except between the hours of 08:30 and 19:00 Monday to Friday and between the hours of 08:30hrs and 13:00hrs on Saturdays but not at any time on Sundays, Bank or Public Holidays.

            Reason: To protect the amenity of the locality to accord with policy EQ7 of the Somerset Local Plan (Adopted 2015).

05.          No deliveries shall be taken at or despatched from the site outside the hours of 06:00 to 00:00 Monday to Saturday or 08:00 to 19:00 on Sundays).

            Reason: To protect the amenity of the locality to accord with policy EQ7 of the Somerset Local Plan (Adopted 2015).

06.          No development shall be commenced until the finished floor level of the building hereby approved has been submitted to and approved by the Local Planning Authority. The scheme shall thereafter be carried out in accordance with the agreed FFL. There shall be no raising of the site within the Flood Zone 2 area above existing ground levels.

            Reason: In the interests of visual amenity and to ensure there is no loss in floodplain through the redevelopment of the site to accord with policy EQ2 of the South Somerset Local Plan (Adopted 2015) and the National Planning Policy Framework.

07.       Prior to its use the specific details of the red brick to be used for the boundary treatments shall have been agreed in writing by the Local Planning Authority. All other materials shall be as detailed on drawings AD113, AD114RevB and AD115RevA and/or as stated on the planning application form unless any variation is first agreed by the Local Planning Authority.

            Reason: In the interests of visual amenity in accordance with policy EQ2 of the South Somerset Local Plan (Adopted 2015).

08.       A full landscaping scheme based on Drawing No.1174 (HRH Design Associates) shall be submitted indicating all new planting across the site also taking into account the biodiversity recommendations in the ECOSA-Extended Phase 1 Ecological Assessment-Aug 2013. All planting comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first use of any building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of ten 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 similar size and species, unless the Local Planning Authority gives written consent to any variation.

            Reason: In the interests of visual amenity and to enhance the local character to accord with policies EQ2 and EQ4 of the South Somerset Local Plan (Adopted 2015).

09.       No development shall take place until a scheme for the eradication of Japanese Knotweed from the site has been submitted to, and approved in writing, by the Local Planning Authority. The approved scheme shall be implemented in full unless otherwise agreed in writing.

            Reason: To counter an invasive species.

10.       Prior to the first occupation of the building a scheme promoting biodiversity within the site utilising the recommendations made in the ECOSA-Extended Phase 1 Ecological Assessment-Aug 2013, shall be submitted to and approved in writing by the Local Planning Authority.

            Reason: For the promotion of biodiversity in accordance with policy EQ4 of the South Somerset Local Plan (Adopted 2015).

11.       Prior to its installation a scheme of external lighting shall have been submitted to and agreed in writing by the Local Planning Authority. The development shall be constructed in accordance with the agreed details. Such a scheme shall ensure the pedestrian/cycle linkage to the neighbouring site is sufficiently lit and such a scheme shall take into account the biodiversity recommendations in the ECOSA-Extended Phase 1 Ecological Assessment-Aug 2013.

            Reason: In the interests of visual and residential amenity in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan (Adopted 2015) and the National Planning Policy Framework.

12.       No development hereby approved shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority.

            Reason: To require the archaeological investigation of a potential heritage asset due to the proximity of a Roman settlement as indicated by policy EQ7 of the South Somerset Local Plan (Adopted 2015) and the National Planning Policy Framework.

13.       Prior to the first occupation of the building a schedule detailing all the equipment, plant and machinery to be used to serve that building shall be submitted to and agreed in writing by the Local Planning Authority. A scheme that specifies the provisions to be made for the control of noise emanating from the aforesaid and otherwise on the site as detailed in the Environmental Noise Report (Acoustic Consultants Ltd-October 2015) shall accompany such a schedule. In any case the air conditioning units shall not operate beyond 22:30 on any given day. The noise mitigation scheme shall be in place prior to the first use of the development, thereafter maintained and shall not be altered without the prior written approval of the Local Planning Authority.

            Reason: In the interests of residential amenity and pollution control to accord with policy EQ7 of the South Somerset Local Plan (Adopted 2015) and the National Planning Policy Framework.

14.       Prior to the first occupation of the building a scheme for an extraction system to control any fumes and odour from that building shall have been submitted to and approved in writing by the Local Planning Authority. The measures shall be implemented in strict accordance with the approved details prior to the occupation of the building concerned and shall thereafter be retained as such.

            Reason: In the interests of residential amenity and pollution control to accord with policy EQ7 of the South Somerset Local Plan (Adopted 2015) and the National Planning Policy Framework.

15.       No development shall be commenced until surface water drainage details based on sustainable drainage principles together with a programme of implementation and maintenance for the lifetime of the development have been submitted to and approved by the Local Planning Authority.  The scheme shall subsequently be implemented and maintained in accordance with the approved details before the development is completed.            Those details shall include: -

            a)         Information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance (6 metres minimum), the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters.

            b)         All surface water drainage from impermeable parking areas and hardstandings for vehicles shall be passed through an oil interceptor.

            c)         Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant).

            d)         Flood water exceedance routes, both on and off site, (note, no part of the site must be allowed to flood unless it has been specifically designed to do so).

            e)         A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management company or maintenance by a Residents' Management Company and / or any other arrangements to secure the operation and maintenance to an approved standard and working condition throughout the lifetime of the development.

            Reason: To ensure that the development is served by a satisfactory system of surface water drainage and in accordance with paragraph 17 and sections 10 and 11 of the National Planning Policy Framework, Paragraph 103 of the National Planning Policy Framework and the Technical Guidance to the National Planning Policy Framework and that such drainage systems shall be maintained and managed in accordance with the approved details throughout the lifetime of the development.

16.       The development hereby permitted shall not begin until a scheme to deal with contamination of land, controlled waters and/or ground gas has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include all of the following measures, unless the Local Planning Authority dispenses with any such requirement specifically in writing:

            a)         A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites - Code of Practice. The report should include a detailed quantitative human health and environmental risk assessment.

            b)         A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation should be stated, such as site contaminant levels or a risk management action, and how this will be validated. Any on-going monitoring should also be outlined.

            c)         A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show that the site has reached the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

            d)         If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed and an appropriate remediation scheme submitted to and approved in writing by the Local Planning Authority.

            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 in accordance with Policy EQ7 of the South Somerset Local Plan (Adopted 2015).

17.       Piling or any other foundation designs / investigation boreholes / tunnel shafts / ground source heating and cooling systems using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

            Reason: To ensure that risks from contaminated land to controlled waters is prevented in accordance with Policy EQ7 of the South Somerset Local Plan (Adopted 2015).

18.       Prior to the first use of any part of the development hereby approved the proposed pedestrian/cycleway link from Lysander Road to the neighbouring site and the vehicular access, as shown on Drawing No.AD110RevB shall be fully laid out. Within one month of the first use of the development the existing vehicular access to the site located in the north eastern corner of the site (fronting West Hendford Road) to the site shall be stopped up, its use permanently abandoned and the verge/footway crossing reinstated.

            Reason: In the interests of Highway Safety to accord with policy TA5 of the South Somerset Local Plan (Adopted 2015) and the National Planning Policy Framework.

19.       The new development shall not be commenced until a detailed Travel Plan has been submitted to and approved in writing by the Local Planning Authority. No part of the new development shall be occupied prior to implementation of those parts identified in the Approved Travel Plan as capable of being implemented prior to occupation. Those parts of the Approved Travel Plan that are identified therein as capable of implementation after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied.

            Reason: In the interests of sustainable travel alternatives in accordance with the National Planning Policy Framework and policy TA4 of the South Somerset Local Plan (Adopted 2015).

20.       Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, details of which shall have been submitted to and approved in writing by the Local Planning Authority.  Such provision shall be installed before any part of the building is brought into use and thereafter maintained at all times. The area allocated for parking, turning and servicing on the submitted plan shall be kept clear of obstruction and shall not be used other than for parking and turning of vehicles in connection with the development hereby permitted. The car park shall not provide less than 109 parking spaces as shown on Drawing No.AD110RevB, at all times. Any part of the car park shall be properly consolidated and delineated before its first use.

            Reason: To ensure the site is served by adequate on-site parking to accord with policies TA5 and TA6 of the South Somerset Local Plan (Adopted 2015) and the Somerset County Council Parking Strategy.

21.       No works shall be carried out until a Construction Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning. Such a plan shall cover the demolition and construction period. The plan shall include construction vehicle movements, construction operation hours, construction vehicular routes to and from site, construction delivery hours, expected number of construction vehicles per day, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice and a scheme to encourage the use of public transport amongst contractors. The CEMP shall also detail that all vehicles leaving the site are in such condition as not to emit dust or deposit mud, slurry or other debris on the highway.  In particular (but without prejudice to the foregoing), efficient means shall be installed, maintained and employed for cleaning the wheels of all lorries leaving the site, details of which shall have been agreed in advance in writing by the Local Planning Authority and fully implemented prior to commencement, and thereafter maintained until the end of the construction period. The development shall be carried out strictly in accordance with the approved Construction Management Plan.

            Reason: In the interests of Highway Safety, public amenity and to prevent pollution of the water environment to accord with the National Planning Policy Framework.

22.       No raw materials, products of any description, scrap or waste materials whatsoever shall be stored in the open on any part of the subject land without the prior written consent of the Local Planning Authority.

            Reason: To safeguard the amenities and character of the area in accordance with policies EQ7 of the South Somerset Local Plan (Adopted 2015) and the National Planning Policy Framework.

Informatives:

01.          Your attention is drawn to the agreement made under Section 106 of the Town and Country Planning Act 1990, relating to this site.

02.          The applicant will be required to enter into a suitable legal agreement with the Highway Authority to secure the construction of the highway works necessary as part of this development. The developer is advised to contact the Highway Authority to progress this agreement well in advance of commencement of development.

03.          Where works are to be undertaken on or adjoining the publicly maintainable highway the developer will need to enter into a legal agreement with the Highway Authority. The developer will need to contact the Transport Development Group, Environment Department, County Hall, Taunton, TA1 4DY, or by email to discuss their proposal.  Enquiries should be made as early as possible to allow adequate time for the negotiation and preparation of the legal agreements required.

04.       With regards to Condition 15 the surface water drainage scheme for the proposed development must meet the following criteria:

a)         Any outflow from the site must be limited to the maximum allowable rate, so there is no increase in the rate and/or volume of run-off, and preferably it should be reduced.

b)         The surface water drainage system must deal with the surface water run-off from the site up to the critical 1% Annual Probability of Flooding (or 1 in a 100-year flood) event, including an allowance for climate change for the lifetime of the development. Drainage calculations must be included to demonstrate this (e.g. Windes or similar sewer modelling package calculations that include the necessary attenuation volume).

c)         If there is any surcharge and flooding from the system, overland flood flow routes and "collection" areas on site (e.g. car parks, landscaping) must be shown on a drawing. CIRIA good practice guide for designing for exceedance in urban drainage (C635) should be used.

d)         The adoption and maintenance of the drainage system must be addressed and clearly stated.

05.       The applicant is strongly advised to carry through the recommendation contained in paragraph 4.4.3 of the Extended Phase 1 Ecological Assessment, ECOSA, Aug 2013 regarding measures to minimise harm to badgers.

06.       With regard to Condition 09 Japanese Knotweed has previously been recorded on this site in an area now covered by rubble.  This is an introduced and invasive species that, if still present, could spread over time and have a detrimental impact upon open spaces and can also cause structural damage (e.g. to car parks).  Unless it has already been subject to proper eradication from the site, there is a moderate risk that it could re-appear during or after completion of the development, and will need to be subject to control or removal measures.  The spread of the plant is controlled by legislation and plant material is classed as licenced waste and hence the use of a licenced operator would be required.

07.       The Wildlife and Countryside Act 1981 makes it an offence to disturb a nest of any wild bird whilst it is in use or in the process of being built.  Clearance of trees, scrub, ivy, bramble or other dense vegetation, and demolition of, or works to buildings, could cause disturbance to nesting birds, and it is advisable to carry out such works outside of the main nesting season of 1st March to 31st August inclusive, unless a prior check by a competent person has confirmed the absence of nesting birds.

08.       Your attention is drawn to the need to make provision, where reasonable and practicable, for the means of             access, parking and sanitary conveniences for people with disabilities and for appropriate signposting of these facilities. Guidance on the appropriate standards for these facilities is available from this office.

09.       This permission does not permit the display of any advertisements which require consent under the Town and Country Planning (Control of Advertisements) Regulations 1992, including any such advertisements shown on the submitted plans.

10.       Safeguards should be implemented during the construction phase to minimise the risks of pollution and             detrimental effects to the water interests in and around the site. Such safeguards should cover the use of plant and machinery, oils/chemicals and materials; the use and routing of heavy plant and vehicles; the location and form of work and storage areas and compounds and the control and removal of spoil and wastes. It is recommended the applicant refer to Pollution Prevention Guidelines provided by the Environment Agency, which can be found at:

            http://www.environment-agency.gov.uk/business/topics/pollution/39083.aspx

11.       The applicant is encouraged to consider reduction, reuse and recovery of waste in preference to offsite incineration and disposal to landfill during site construction. 

If any controlled waste is to be removed off site, then site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. More specific guidance it is available via: www.environment-agency.gov.uk/subjects/waste/

(voting: 14 in favour, 0 against, 2 abstentions)