Agenda item

19/00742/FUL – Demolition of existing buildings and erection of convenience store (Use Class A1) and replacement petrol filling station with forecourt canopy, petrol pumps and islands, vents, underground tanks, trolley park, enclosed car wash, air and water, plant and bin store areas and associated car parking and landscaping (Amended plans and information received 7^th and 11 February 2020).

(In reaching its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), four letters of objection, two letters of support, and responses to questions from the Applicant’s Agent, whom the Committee heard).

RESOLVED – That Planning Permission be granted subject to the following conditions:

1.    The development hereby permitted shall be commenced not later than 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

2.    The development hereby permitted shall be carried out in accordance with the approved plan(s) as detailed below:

Loc1 Site Location Plan

PL-12 Rev B Proposed Plans and Elevations

PL-11 Rev H Proposed Site Plan and Sections

PL-13 Rev A Jet Wash Enclosure

Materials Schedule

REASON – To define the consent

3.    Any contamination not considered in the Phase 3 Remediation and Verification Strategy but identified during subsequent construction / remediation works shall be reported in writing within a reasonable timescale to the Local Planning Authority.  The contamination shall be subject to further risk assessment and remediation proposals agreed in writing with the Local Planning Authority and the development completed in accordance with any further agreed amended specification of works.

REASON – The site may be contaminated as a result of past or current uses and / or is within 250 metres of a site which has been landfilled.  To ensure that risks from land contamination to the future uses 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 without unacceptable risks to receptors, in accordance with the National Planning Policy Framework.

4.    The Phase 3 Remediation and Verification works shall be conducted, supervised and documented by a ‘suitably competent person(s)’ and in accordance with the agreed Phase 3 Remediation and Verification Strategy.  No alterations to the agreed Remediation and Verification Strategy or associated works shall be carried out without the prior written agreement of the Local Planning Authority. A Phase 4 Verification and Completion Report shall be compiled and reported by a ‘suitably competent person(s)’ documenting the purpose, objectives, investigation and risk assessment findings, remediation methodologies, validation results and post remediation monitoring carried out to demonstrate the completeness and effectiveness of all agreed remediation works conducted.  The Phase 4 Verification and Completion Report shall be submitted to and agreed in writing by the Local Planning Authority within 2 months of completion of the development or at a time agreed unless the Local Planning Authority dispenses with the requirement specifically and in writing. 

The development site or agreed phase of development site, shall not be occupied until all of the approved investigation, risk assessment, remediation and verification requirements relevant to the site (or part thereof) have been completed, reported and approved in writing by the Local Planning Authority.

REASON – The site may be contaminated as a result of past or current uses and / or   is within 250 metres of a site which has been landfilled.  To ensure that risks from land contamination to the future uses 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 without unacceptable risks to receptors, in accordance with the National Planning Policy Framework.

5.    The development shall not be carried out otherwise than in complete accordance with the submitted Construction Management Plan (Demolition and Construction Method Statement, on behalf of James Hall and Company Limited, 26 June 2020) unless otherwise agreed in writing with the Local Planning Authority.  Prior

REASON – In the interests of residential amenity and highway safety.

6.    Construction and demolition work shall not take place outside the hours of 08:00-18:00 Monday – Friday, 08:00-14:00 Saturday with no working on a Sunday and Bank / Public Holidays without the prior written permission of the Local Planning Authority.

REASON – In the interests of residential amenity.

7.    The hours of operation of the jet wash and the car vac and any other equipment located on the forecourt shall be limited to 08:00-20:00.

REASON – In the interests of residential amenity.

8.    Prior to the commencement of use, full particulars and details of a scheme to protect adjacent premises against the transmission of airborne and impact sound, noise, fume and dilution attenuation measures of any external plant and equipment, including the jet wash and ventilation systems, have been submitted to, and approved by, the Local Planning Authority and the development shall not be carried out otherwise than in accordance with any approval given.

REASON - In order that the Local Planning Authority may be satisfied as to the arrangements for preventing loss of amenity to neighbouring premises due to noise, fumes and smells.

9.    The removal of the existing vehicular access onto Barton Street and the reinstatement of footways as shown on Drawing Number PL-11 Rev H shall be implemented in full prior to the Petrol Filling Station or convenience store opening for trade and remain as such thereafter.

REASON – In the interests of highway safety. 

10.The landscaping scheme as shown in Drawing Number PL-11 Rev H shall also include the planting of 2 no. cherry trees, details of which shall be submitted to and approved in writing by the Local Planning Authority prior to the implementation of the landscaping scheme.  Thereafter the approved landscaping scheme shall be fully implemented concurrently with the carrying out of the development, or within such extended period as may be agreed in writing by the Local Planning Authority, and thereafter any trees or shrubs removed, dying, severely damaged or becoming seriously diseased shall be replaced and the landscaping scheme maintained for a period of five years to the satisfaction of the Local Planning Authority.

REASON – To ensure a satisfactory appearance of the site and in the interests of the visual amenities of the area.

11.The development shall not be carried out otherwise than in complete accordance with the mitigation recommendations set out in the Ecological Survey and Assessment (including a Licensed Bat Survey) (ERAP Limited, October 2016) unless otherwise agreed in writing by the Local Planning Authority.

REASON - To provide ecological protection and enhancement in accordance with the Conservation Regulations 2010, Wildlife & Countryside Act 1981, NPPF, Policy CS15 of the Core Strategy.

12.Details of any external lighting, to include a lighting impact assessment undertaken be an independent qualified assessor, shall be submitted to, and approved in writing by, the Local Planning Authority prior to the occupation of the buildings.  Thereafter the external lighting shall be installed in complete accordance with the approved details and maintained as such thereafter.

REASON – In the interests of residential amenity.

13.Deliveries to the store shall not take place outside the hours of 7:00 and 23:00 unless otherwise agreed in writing by the Local Planning Authority.

REASON – In the interests of residential amenity.

14.Prior to the operation of the petrol filling station 2 no. electric vehicle charging points shall be provided on site.

REASON – To make provision for sustainable means of transport