Agenda item

Application for demolition of existing D1 unit (1 The Meeting Centre) with proposed erection of 18 flats (outline – access, layout and scale only).

‘Late items:’

Introduction:-

A consultation response has been received on behalf of Lidl who have been granted planning permission for a retail food store (17/01073/FUL relates) on the adjacent vacant factory site.  The representation, whilst not objecting to the scheme, wishes to ensure that the decision on this application makes provision for the adjacent land as a foodstore with car parking and that the application for the apartments contains mitigation measures necessary to ensure that the operation of the food store is not constrained in the future.

As the application relates also to layout they have requested that it is considered prudent to also attach a condition which requires the internal layouts as shown on the drawings be adopted should planning permission be forthcoming. This effectively places the living accommodation away from the common boundary with the Lidl site as shown on the drawings.

Consultations:-

The Environmental Health Officer recommends that a condition be added to any consent granted to say that:-

Development shall not begin until a scheme for protecting the proposed dwellings from noise from adjacent commercial premises has been submitted to and approved by the Local Planning Authority. All works which form part of the scheme shall be completed before any of the permitted dwellings are first occupied.

Appraisal:-

Dwg 018-056-OP_DR_004 Rev B shows internal layouts within the blocks closest to the common boundary which place non-habitable/secondary space along the elevations that face away from the boundary, and habitable space (living room/kitchen/bedrooms) on the inside/courtyard-side of the scheme. As Layout forms part of this Outline application, this layout has been considered against the development of the adjacent site and found to be acceptable for both applicants. In this case, it is not considered necessary to add any further conditions relating to the internal layouts as this is covered within condition 3 in the Report. However, to protect both developments it is considered prudent to attach an additional condition as advised by the EHO.

The imposition of this condition would be consistent with the advice at paragraph 182 of the NPPF which advises that businesses should not have unreasonable restrictions placed upon them as a result of development permitted after they were established. It states that “Where the operation of an existing business or community facility could have a significant adverse effect on new development … in its vicinity, the applicant (or ‘agent of change’) should be required to provide suitable mitigation before the development has been completed”. Whilst Lidl is not yet operating, the Applicant is aware of its proposals, and the principle appears applicable.

Imposition would also be effective alongside the planning conditions that control the hours of use of the foodstore and car park.

Recommendation:-

The officers recommendation remains as an Approval with the following additional condition:-

14.       Development shall not begin until a scheme for protecting the proposed dwellings from noise from adjacent commercial premises has been submitted to and approved by the Local Planning Authority. All works which form part of the scheme shall be completed before any of the permitted dwellings are first occupied.

Reason: To safeguard the health and residential amenities of the future occupiers of the site in accordance with Policy DM7 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).

Application for demolition of existing D1 unit (1 The Meeting Centre) with proposed erection of 18 flats (outline – access, layout and scale only).

It was moved by Councillor Witherford, seconded by Councillor Cook and

RESOLVED –

(i)            Planning permission be granted subject to:

a.    The prior completion of a S106 agreement to secure the following obligations:

·         Affordable housing: four units (tenure or unit size not specified)

·         Public open space facilities / public realm improvements: £20,259.94

b.    Planning conditions outlined in the officer’s report and late items.

(ii)           The interim Head of Planning be granted delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods;

(iii)          The interim Head of Planning be granted delegated powers to determine the final detail of planning conditions.

Councillor Cope left the meeting at 8.47pm.