Members considered an application for the erection of a new single storey retail unit, including associated hard and soft landscaping within the site boundary at land off Stallingborough Road, Keelby DN41 8JA.
The Planning Officer provided a verbal update to this item:
· Condition 9 of the recommendations contained a number of infrastructure features which may cause problems in achieving the design and extent of the footpath leading to the proposed store. Work was still ongoing with this condition, but Committee support for the development was still recommended with the caveat of a deferral to officers to allow the Planning authority to maintain control, whilst also allowing the applicant time to discuss the aspect. In the officer’s opinion, this would lead to a successful resolution. If this could not be resolved, the application would have to return to Committee;
· Condition 3, which contained information on contamination had been updated following a conversation with Environmental Health colleagues at West Lindsey District Council. This indicated that the area of concern related to the access road in the former farmyard area, rather than the whole site.
Condition 3 would therefore read ‘No development of the access road shall take place……..’ rather than ‘No development shall take place…………..’;
· Additional consultee responses had been received from neighbours from Riby Road, Eastfield Road and Dixon Close; none of these consultees raised additional comments that hadn’t already been considered in the report. One letter of support from Dixon Close had been received.
The only speaker on this item was Matthew Wilkinson, a Development Manager at Lincoln Co-operative (Co-op), the applicant. He raised the following points:
· The Co-op wanted to focus on:
o Providing valued services;
o Growing the local economy;
o Health and wellbeing;
o Looking after the local environment.
· The Co-op sought to provide a store in Keelby to meet these values and had recently developed similar schemes in West Lindsey;
· The application sought to construct a single storey store with a modern shopping environment;
· The store would offer a selection of ‘on the go’ foods amongst other items;
· There were severe reservations from the Co-op about condition 9 relating to the footpath. The wording was a big concern as there were too many unknown risks on land that was beyond the applicant’s control and there would be unknown costs. Also required would be the demolition of the farm building.
There was adequate opportunity to cross using the existing road network, and this had been advised by a Planning Consultant employed by the applicant, who in turn referred to paragraph 55 of the National Planning Policy Framework (NPPF).
Members were asked to consider the application minus condition 9. If this was deemed unacceptable, then there would be further discussions with West Lindsey District Council (WLDC) Planning Officers;
· In summary, the Co-op wanted to provide a food store with parking spaces. The store would employ 15 staff recruited from the local area.
The Planning Officer responded to the public speaker only to say that condition 9 requiring the provision of a public footpath remained important.
Note: Cllr Owen Bierley declared an interest as this development was in his Ward. He had not been involved in any discussions on the application, and came to Committee with an open mind.
Following the introduction and the contribution from the speaker, Members asked questions of officers and provided comment. Further information was provided:
· The applicant had indicated that the Coop would be looking to be onsite in the spring of 2020. There were also two outline applications (140100 and 140099) which would be considered separately, at a later date for a medical centre, and 80 dwellings;
· Many of the objections to this application had related to Highways concerns. The applicant had undertaken, through their consultants, a Traffic Impact Assessment. In the morning peak hour there would be 60 - 2 way movements, and in the afternoon 80 - 2 way movements.
Officers at WLDC had asked Lincolnshire Highways to take another look at the site access. The findings were that if the access location were changed, most of the traffic generated by the store would still use South Street and would be broadly similar to that proposed but would shift further the impact onto Stallingborough Road. The benefits to South Street would be minimal; therefore, as the site was also allocated for development, WLDC Planning officers did not consider that it would be correct to recommend refusal on those grounds;
· The NPPF talks specifically in relation to the impacts on the vitality and viability of town centres. There were a number of assessments that could be required, but these did not apply in rural locations such as Keelby;
· Competition in this instance would not be a material planning condition;
· There would be 25 spaces in the car park that would be a benefit to users of the proposed store;
· Highway regulations would be dealt with by other authorities; regarding highway parking, Lincolnshire Highways had deemed the arrangements in this application safe under NPPF paragraphs 102-104, and 109.
The application had previously been moved and seconded, taking into account the amendment proposed by the Planning Officer. Following the vote, the application was GRANTED subject to conditions, which included continued discussions over condition 9 between the planning authority and the applicant. Therefore the application was deferred back to officers to allow the Planning Authority to maintain control, whilst allowing the applicant time to discuss aspects to gain a successful resolution.
Conditions stating the time by which the development must be commenced:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
REASON: To conform with Section 91 (1) of the Town and Country Planning Act 1990 (as amended).
Conditions which apply or require matters to be agreed before the development commenced:
2. No development, including ground works, shall take place until, the applicant
has arranged for an archaeologist recognised by the Local Planning Authority to carry out an archaeological watching brief (along the lines of 4.8.1 in the Lincolnshire Archaeology Handbook 2016) during all stages of the development involving ground disturbance in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. Such arrangements shall include provision for the observation, recording and recovery of artefactual evidence and post-excavation analysis. Fourteen days’ notice shall be given to the Local Planning Authority prior to the commencement of works. A report of the archaeologist’s findings shall be submitted to the Local Planning Authority within two months of the last day of the watching brief, or such longer period as may be agreed by the Local Planning Authority, and shall include arrangements for the conservation and long-term storage of artefacts removed from the site.
REASON: To record and advance understanding of the significance of any heritage assets to be lost (wholly or in part) in a manner proportionate to their importance and the impact, and to make this evidence (and any archive generated) publicly accessible and in accordance with policy LP25 of the Central Lincolnshire Local Plan and the provisions of the National Planning Policy Framework, notably section 16, paragraph 199.
3. No development of the access road shall take place until, a contaminated land assessment and associated remedial strategy, together with a timetable of works, have been submitted to and approved in writing by the Local Planning Authority (LPA) and the measures approved in that scheme shall be fully implemented. The scheme shall include all of the following measures unless the LPA dispenses with any such requirement specifically in writing:
a) The contaminated land assessment shall include a desk study to be submitted to the LPA for approval. The desk study shall detail the history of the site uses and propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be approved by the LPA prior to investigations commencing on site.
b) The site investigation, including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology.
c) A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the LPA. The LPA shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters.
d) Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. 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 agreed with the LPA.
e) Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the LPA. The closure report shall include details of the proposed remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been
removed from the site.
REASON: In order to safeguard human health and the water environment and identify potential contamination on-site and the potential for off-site migration in accordance with Central Lincolnshire Local Plan policy LP16.
4. No development shall take place until a Construction Management Plan and Method Statement has been submitted to and approved in writing by the Local Planning Authority which shall indicate measures to mitigate against traffic generation and drainage of the site during the construction stage of the proposed development. The Construction Management Plan and Method Statement shall include;
the parking of vehicles of site operatives and visitors;
loading and unloading of plant and materials;
storage of plant and materials used in constructing the development;
wheel washing facilities and;
strategy stating how surface water run off on and from the development will be managed during construction, including drawing(s) showing how the drainage systems (permanent or temporary) connect to an outfall (temporary or permanent) during construction. The Construction Management Plan and Method Statement shall be strictly adhered to throughout the construction period.
REASON: To ensure that the permitted development is adequately drained
without creating or increasing flood risk to land or property adjacent to, or
downstream of, the permitted development during construction and to
ensure that suitable traffic routes are agreed.
Conditions which apply or are to be observed during the course of the
5. No development above damp course level on the building shall take place until full details of facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details.
REASON: To ensure a satisfactory external appearance of the development and ensure the proposals uses materials and components that have a low environmental impact in accordance with policy LP17 and LP26 of the Central; Lincolnshire Local Plan.
6. Notwithstanding the approved plans details of the species of trees proposed to be planted on site shall be submitted to and approved in writing by the Local Planning Authority before the development progresses beyond damp course level.
REASON: To ensure a satisfactory external appearance of the development and to maintain biodiversity in accordance with polices LP17, LP21 and LP26 of the Central Lincolnshire Local Plan.
7. All planting, seeding or turfing comprised in the approved details of landscaping (as amended through condition 6) shall be carried out in the first planting and seeding season following the occupation of the building(s) or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 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: To ensure that an approved landscaping scheme is implemented in a speedy and diligent way and that initial plant losses are overcome, in the interests of the visual amenities of the locality (and occupiers of adjacent buildings – where appropriate) and in accordance with polices LP17, LP21 and LP26 of the Central Lincolnshire Local Plan.
8. Before the store is first brought into use the access, parking (including for bicycles), turning and servicing areas shown on the approved plans shall be completed in accordance with the approved designs and details and thereafter shall be made available at all times for their designated purposes.
REASON: As recommended by the Highway Authority to ensure the timely provision of the facilities and their retention and in the interests of highway safety and capacity and in accordance with policy LP13 and LP26 of the Central Lincolnshire Local Plan.
9. The development hereby permitted shall not be occupied before a 2 metre wide footway along the site frontage to connect the development to the existing footway network on the South Street/ Stallingborough Road junction, has been provided in accordance with details that shall first have been submitted to, and approved in writing by, the Local Planning Authority. The works shall also include appropriate arrangements for the management of surface water run-off from the highway and tactile crossing points on South Street and Stallingborough Road.
REASON: To ensure the provision of safe and adequate pedestrian access to the permitted development, without increasing flood risk to the highway and adjacent land and property and in accordance with policy LP13 of the Central Lincolnshire Local Plan.
10. Before the store is first brought into use the surface and foul drainage system shown on approved plans and document shall be implemented in full and shall be maintained as such thereafter.
REASON: To ensure the site is adequately drained and contamination does not occur and in accordance with policy LP14 of the Central Lincolnshire Local Plan.
11. No external lighting shall be erected until, details of the type, position and angle of glare on the floodlights, (including measures for ensuring that light does not shine directly on the highway housing opposite or is visible to highway users to the detriment of highway safety nor residential amenity) shall have first been submitted to and approved in writing by the Local Planning Authority, The details and measures approved shall be carried out and maintained thereafter whilst the use subsists.
REASON: To avoid drivers being dazzled or distracted in the interests of highway safety and to protect residential amenities of adjoining occupiers in accordance with policies LP13 and LP26 of the Central Lincolnshire Local Plan.
12. Before the retail store is first brought into use details of any extract/refrigeration plant and equipment proposed and measures to mitigate noise from including its acoustic performance shall be submitted to and approved in writing by the Local Planning Authority. The development shall then proceed only in strict accordance with approved scheme and maintained as such thereafter.
REASON: To protect residential amenity in accordance with policy LP26 of the Central Lincolnshire Local Plan.
13. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the following drawings: 101 rev P1, 112 rev P1, j1830-00101 rev A, j1830-00103 rev B, j1830-00104 rev B, j1830-00105 rev B, j1830-00106 rev B, j1830-00107 rev B, j1830-00108 rev A, j1830-00110 rev A, and reports Air Quality Assessment, Archaeological Evaluation (KESR18), Bat Survey by Scarborough Nixon, Ecology & Protected Species Survey by Scarborough Nixon, First Report of Noise Impact Assessment by S& D Garritt Ltd, Surface Area Drainage Strategy by York Sills Limited and Delivery and Associated Noise Plan Keelby.
The works shall be carried out in accordance with the details shown on the approved plans and in any other approved documents forming part of the application.
REASON: To ensure the development proceeds in accordance with the approved plans and to accord with the National Planning Policy Framework and policies LP2, LP6, LP13, LP14, LP17, LP21, LP25 and LP26 of the Central Lincolnshire Local Plan.
Conditions which apply or relate to matters which are to be observed
following completion of the development:
14. The retail store hereby permitted shall not be open to customers outside the following times: 7 am to 10 pm each day and deliveries to and from the site shall also not occur outside of the following hours 7am to 7pm (including waste disposal services).
REASON: To protect the amenities of adjoining properties and the locality in general in accordance with policy LP26 of the Central Lincolnshire Local Plan.
15. There shall be no outside storage of goods, materials equipment or any other articles on the site otherwise than in the defined screened service yard.
REASON: In the interest of residential and/or visual amenity in accordance with policy LP26 of the Central Lincolnshire Local Plan.