Agenda item

Application for determination:-

 

Erection of new Class A1/A3 Drive-thru unit, revised access arrangement, reconfiguration of car park to retail park and associated landscaping at Gloucester Retail Park, Eastern Avenue.

Councillor Finnegan arrived late during the debate on this application and sat in the public gallery and did not take part in any of the decision making process for this item.

 

Members were presented with an application from Picton Capital Limited which sought approval for the erection of new class A1/A3 drive thru unit, revised access arrangement, reconfiguration of car park to retail park, and associated landscaping at Gloucester Retail Park, Eastern Avenue.  The application had been referred to Planning Committee at the request of Councillor Lise Noakes.

 

The Senior Planning Officer introduced the report and advised Members that no objections had been received from statutory consultees and that 8 letters of representation that had been submitted as evidenced at paragraph 5.1 of the report.  Members’ attention was drawn to the Late Material which contained an additional representation.  The Senior Planning Officer concluded his presentation by advising Members that the Development Control Manager’s recommendation was to grant planning permission subject to conditions set out in the report.

 

Ms Linda Vickers, local resident, addressed the Committee

 

Ms Vickers explained that she lived opposite the site and that she was representing the views of other residents from York Road.  Ms Vickers asked Planning Committee Members if they would wish to have a drive thru opposite their homes and described the traffic congestion, parking, anti-social behaviour and pollution problems residents regularly faced as a result of the current operations at the Retail Park.   Ms Vickers queried the need for another facility when there were currently 7 catering outlets in the vicinity of the site.  Ms Vickers added that security barriers had recently been removed to allow for the operation of a 24 hour gym.

 

Ms Abigail Rees, Planning Agent for Applicant, addressed the Committee in support of the application

 

Ms Rees welcomed the comprehensive report prepared by Planning Officers.  She explained that a detailed survey had been carried out by their consultant which had revealed there was 66% available capacity at peak times and there would be no impact on the highways network.  Ms Rees added that there would be 22 available parking spaces and reminded Members that the Highways Authority had no objection.  Turning to the concerns of residents, Ms Rees observed that the nearest property was 26 metres away and would be screened from the development by shrubs and trees and that the Environmental Health Officer was satisfied with the scheme, subject to the addition of specific conditions.  Ms Rees concluded that the proposal would deliver a contemporary and stunning drive thru which would improve the street scene, deliver jobs and not affect the viability of traders in the City Centre.  She asked Members to support the scheme.

 

Members discussed the following matters.

 

1.       Councillor Lewis sympathised with the local residents but pointed out that the Planning Committee was bound by planning policy and that as there had been no objections from statutory consultees the Council could open itself up to an award of costs at appeal if the application was refused.  Councillor Lewis explained that in the absence of grounds for refusal, that he would be voting in favour of the application.

 

2.       Councillor Lugg queried access to the drive thru.  The Senior Planning Officer clarified the position for the Member.  Councillor Lugg expressed concern about the current access arrangements and pointed out that there was already a coffee shop in the Retail Park.

 

3.       Councillor David Brown stated that the Committee should listen to the concerns of residents and that in his role as a County Councillor he had been involved in addressing traffic concerns for the area with the Highways Authority.   He queried the tracking information on HGV’s as set out in paragraphs 6.14 and 6.15 in the report.  The Senior Planning Officer clarified the position for the Member.

 

4.       Councillor Morgan acknowledged residents’ concerns and requested more information on the proposed shrub and tree planting to screen the drive thru and speculated whether it would be substantial enough to reduce the effect of headlights.  The Senior Planning Officer responded that specific screen requirements are contained in a condition attached to the granting of planning permission.  Councillor Morgan requested that that these details  be shared with  the Chair and Vice-Chair before approval.  The Development Control Manager advised Members that a screening condition could be dealt with in this way, but that there was sufficient detail already contained in the application concerning landscaping and so further details were not required to be submitted.  Councillor Lewis asked if the Highways Authority had considered the landscaping information when making their decision.  The Senior Planning Officer confirmed that this was the case.

 

5.       Councillor Morgan turned to the proposed opening hours for the scheme and commented that in his personal view these should be restricted in view of the existing background noise levels and activity in the area as documented in the report at paragraph 6.33.  He queried whether it would be possible to grant temporary permission for 6 months.  The Senior Planning Officer advised that Members could impose conditions, but that it could be considered unreasonable to restrict the opening hours and that the Committee could face an appeal on such a condition.

 

6.       Councillor Hanman expressed concern over access and egress to the site.  The Senior Planning Officer advised the Member that the Highways Authority was satisfied that there was sufficient visibility and manoeuvring space.  The Chair commented that he understood Members’ concerns, but that the Highways Authority was a professional body and that they had not objected to the proposal.  He cautioned Members that they should not cite Highways issues as a reason to refuse the application.

 

7.       Councillor Fearn asked when the parking survey had been carried out.  The Senior Planning Officer clarified the position for the Member and added that the survey and visits by officers had demonstrated that there was capacity.

 

8.       Councillor Hyman echoed Members’ concerns on Highways issues and asked if residents’ Human Rights had been taken into account.  The Chair referred the Member to page 5 of the agenda pack which detailed how Human Rights were considered when applications were assessed.

 

9.       Councillor Toleman concurred with views already expressed by Members on Highways matters, but stated that he would be supporting the Development Control Manager’s recommendation because of the danger of losing any subsequent appeal.

 

10.     Councillor Brown commented that he had listened to Members’ views, but that this Retail Park was unique in that it was positioned close to a cul-de-sac with 200 residents.  Councillor Brown asked if there could be a condition added regarding replacement of the security barrier/gates in the event of anti-social behaviour.  The Senior Planning Officer indicated that this would be acceptable.

 

The Chair drew the debate to a close and proposed that the Development Control Manager’s recommendation to grant permission subject to the conditions in the report and other matters discussed during the debate by Members be accepted.

 

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

 

Condition 1

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

 

Reason

Required to be imposed by Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

Condition 2

The development hereby permitted shall be carried out in accordance with the approved drawing nos.15062_PL02 Rev.C, PL03 Rev.A, PL04 Rev.A, PL06 Rev.C, 5864/ASP1 and SK01 Rev.A received by the local planning authority on 23rd May 2016.

 

Reason

To ensure that the development is carried out in accordance with the approved plans and in accordance with policies contained within Second Deposit City of Gloucester Local Plan (2002).

 

Condition 3

No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall:

 

       I.          specify the type and number of vehicles;

     II.          provide for the parking of vehicles of site operatives and visitors;

    III.          provide for the loading and unloading of plant and materials;

   IV.          provide for the storage of plant and materials used in constructing the development;

     V.          provide for wheel washing facilities;

   VI.          specify the intended hours of construction operations;

 VII.          measures to control the emission of dust and dirt during construction

VIII.          specify construction traffic route.

 

Reason

To reduce the potential impact on the public highway and accommodate the efficient delivery of goods and supplies in accordance paragraph 35 of the National Planning Policy Framework.

 

Condition 4

Prior to construction commencing (including demolition and preparatory groundworks) an Environmental Management System should be submitted to and approved in writing by this Authority which specifies mitigation measures in respect of the following issues in order to prevent nuisance -

 

       I.          Dust from demolition

     II.          Dust from groundworks

    III.          Dust from haul-roads

   IV.          Dust from stockpiles and material handling/removal

     V.          Light from security compounds

   VI.          Storage of waste

 VII.          Keeping highways clear

 

Reason

To safeguard residential amenity and prevent pollution in accordance with policy BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

 

Condition 5

No works shall commence on site (other than those required by this condition) on the development hereby permitted until the proposed access roads, including the junctions with the existing public road and associated visibility splays, have been completed in accordance with drawing 15062-PL02 Rev.C and SK01 Rev.A with existing vegetation or features within splays cut back or reduced in height and thereafter kept clear between 600 millimetres and 2 metres above ground level.

 

Reason

To minimise hazards and inconvenience for users of the development by ensuring that there is a safe, suitable and secure means of access for all people that minimises the conflict between traffic and cyclists and pedestrians in accordance with the National Planning Policy Framework 35.

 

Condition 6

No development works above DPC level shall take place until precise details including samples of materials to be used externally have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with those approved details and shall be similarly maintained thereafter.

 

Reason

To ensure a satisfactory appearance to the development in accordance with polices BE.1, BE7 and BE.21 of the Second Stage Deposit Local Plan 2002.

 

Condition 7

The building hereby permitted shall not be occupied until the vehicular parking and turning and loading/unloading facilities have been provided in accordance with the submitted plan 15062-PL02 Rev.C with the exception of the spaces to the rear of unit 2A and 2B which should be provided in accordance with Entran drawing SPA_20.4.16 received on 22nd April 2016 removing the spaces in blue, and those facilities shall be maintained available for those purposes thereafter.

 

Reason

To ensure that a safe, suitable and secure means of access for all people that minimises the conflict between traffic and cyclists and pedestrians is provided in accordance with the National Planning Policy Framework 35.

 

Condition 8

Prior to the first use of the building, precise details of any external lighting to the drive thru and café building shall be submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter maintained in accordance with those approved details.

 

Reason

In the interest of the visual amenities of the area and to protect the living conditions of neighbouring occupiers in accordance with Policies FRP.11 and BE.21of the Gloucester Local Plan, Second Stage Deposit Local Plan 2002.

 

Condition 9

Any exterior lighting to the drive-thru and café building shall remain extinguished between the hours of 23:00 and 06:00 daily.

 

Reason

In the interest of the visual amenities of the area and to protect the living conditions of neighbouring occupiers in accordance with Policies FRP.11 and BE.21of the Gloucester Local Plan, Second Stage Deposit Local Plan 2002.

 

Condition 10

A scheme for the provision of refuse storage shall be submitted to and approved in writing by the local planning authority.  The approved scheme shall be implemented prior to the first occupation of the development hereby permitted and thereafter maintained for the life of the development.

 

Reason

In the interests of amenity in accordance with policy BE.4 of the Second Deposit City of Gloucester Local Plan (2002).

 

Condition 11

Prior to the first use of the drive-thru hereby permitted, a screen to prevent headlight glare from vehicles using the drive-thru lane shall be installed at the site in accordance with details which shall be submitted to and approved in writing by the local panning authority. The screen thereafter shall be maintained in accordance with the approved details for the duration of the use.

 

Reason

To safeguard the living conditions of neighbouring occupiers and in accordance with policies BE.11 and BE.21 of the second deposit city of Gloucester local plan (2002).

 

Condition 12

During the construction phase, no deliveries shall be taken at or dispatched from the development before 8am on weekdays and 8.30am Saturdays, nor after 6pm on weekdays and 1pm on Saturdays, nor at any time on Sundays, bank or public holidays.

 

Reason

To safeguard the amenity of the area in accordance with policy BE.21 of the second deposit city of Gloucester local plan (2002).

 

Condition 13

During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 8.00 am-6.00pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, bank or public holidays.

 

Reason

To safeguard the amenity of the area in accordance with policy BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

 

Condition 14

Prior to the first use of the building hereby permitted, the equipment to suppress and disperse fumes and/or smell produced by cooking and food preparation, shall be installed and be in full working order and shall be effectively operated for as long as the use continues.

 

Reason

To ensure that unsatisfactory cooking odours outside the premises are minimized in the interests of the amenity of occupiers of nearby properties and in accordance with policies FRP.11 and BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

 

Condition 15

The extraction equipment installed in pursuance with the above condition shall be maintained in accordance with the manufacturer’s specifications to ensure its continued satisfactory operation and the cooking process shall cease to operate if at any time the extraction equipment ceases to function to the satisfaction of the Local Planning authority.

 

Reason

To ensure that the use does not result in excessive cooking odours outside the premises and that the amenity of occupiers of nearby properties are protected and in accordance with policies FRP.11 and BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

 

Condition 16

To ensure adequate diffusion of any remaining odours that have not been scrubbed by the carbon filtration unit the extraction flue shall terminate at a minimum of 1 metre above the roof eaves of the application site or adjacent building whichever is the higher unless otherwise agreed in writing by the local planning authority.

 

Reason

In order to ensure that fumes and odours are properly discharged and in the interests of the amenities of residential property in the locality in accordance with policy BE.21 of the Second Deposit City of Gloucester Local Plan (2002). Activated Charcoal is required as a minimum standard for the filtration of fumes.

 

Condition 17

Prior to the first use of the building hereby permitted, security measures to prevent unauthorised vehicular access to the carpark shall be installed in accordance with details which shall be submitted and approved in writing by the Local planning authority. The measures thereby approved shall be locked shut outside of public trading hours save for purposes of access and egress by staff and authorised persons. 

 

Reason

To discourage antisocial behaviour and safeguard the living conditions of neighbouring occupiers and in accordance with Policy BE.21 of the Second Deposit City of Gloucester Local Plan (2002).

 

Condition 18

The landscaping scheme as shown on the approved drawing No.5864/ASP1 shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development and shall be similarly maintained for the duration of the use.  If during this time any trees, shrubs or other plants are removed, die, or are seriously retarded they shall be replaced during the next planting season with others of similar size and species unless the local planning authority gives written consent to any variation.

 

Reason

To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment in accordance with policies BE4 and BE.12 of the Second Deposit City of Gloucester Local Plan (2002).

 

Condition 19

The drive-thru café hereby permitted shall only be open to the public between the hours of 06:00 and 23:00 daily.

 

Reason                                                                       

To accord with the operating hours set out in the application form and to protect the living conditions of the occupiers of nearby residential properties in accordance with policies FRP.11 and BE.21 of the Second Stage Deposit Local Plan 2002