Agenda item

The Chairman introduced the first application of the evening, planning application number 142302, outline planning application for the demolition of a dwelling and associated outbuildings and to erect a retail food store building and a detached coffee shop drive thru building - access to be considered and not reserved for subsequent applications, on land off Gallamore Lane Middle Rasen Market Rasen. With no updates from the Officer, the Chairman invited the registered speaker, Mr Keith Nutter, to address the Committee. Mr Nutter made the following statement.

 

“I am speaking today as the applicant and developer who will be working in partnership with national operators to deliver a high quality but sensitive development in Market and Middle Rasen. 

 

In terms of the proposal as a whole, I think it is fair to say that our community consultation has shown that the prospect of a discount foodstore and coffee drive-thru being developed in Market Rasen has been well received and widely supported - excluding Tesco that is!  For those who would like more choice and competition, then this can only be viewed as a good thing. 

 

It’s common knowledge that some people within the catchment of Market Rasen travel significant distances to undertake food shopping trips, given the limited choice on offer locally.  Granted, some of these trips may have been combined with trips to work but since the pandemic there has been a considerable shift in shopping patterns.  Grocery operators have continued to trade strongly despite the restrictions placed on the retail sector.  However, people are certainly traveling less and with increases in the number of people working from home, a greater amount of trips are being undertaken locally.  Therefore, if a better offer can be provided within the local catchment of Market and Middle Rasen then this can only be beneficial to the wider community. 

 

Yes there will be some trade drawn from existing supermarkets including the Tesco and the Co-op but not to a significant level.  More importantly, those people who live locally but currently shop elsewhere will be encouraged to shop in Market Rasen which will create more sustainable shopping patterns whilst encouraging them to rediscover other facilities within the area.  It is evident that larger centres (such as Lincoln) have been disproportionately impacted by Covid–related restrictions and, as a consequence, there is a real opportunity for Market Rasen’s local shops to be rediscovered. 

 

It’s understandable that Tesco raise concerns about a new development that might take some trade from their store in the future, but your officer is absolutely right when he concludes that there is no sound planning policy basis to support or justify Tesco’s objection.  It is not the role of the planning system to intervene in commercial competition - but rather to direct development towards sustainable locations which do not result in any adverse impacts. 

 

On this matter, we have undertaken extensive searches throughout Market Rasen and the application site is the best located site sequentially, that is suitable, available and deliverable.  The site is ideally located close to the planned housing expansion area of the town and is well placed to serve their needs. 

 

In order to ensure that the site is suitable, we have fully engaged with the owners of Sunnymede which is located next to the site.  We have already had two face to face meetings with them during the determination of the application and it is our intention to continue this dialogue to ensure that they are content with the final scheme. 

 

Not only will there be benefits arising from a new food shopping destination but there will also be other wider benefits including new job opportunities. I understand that there has been some debate about the numbers of jobs that might be created in the future.  However, until an operator is in place it is difficult to accurately predict how many people will work at the site.  What we do know from experience is that other discount stores in the UK would generally employ on average 40 people with Drive Thru facilities employing another 20.  When you then factor in the construction jobs that will be created in delivering the development it is evident that there will be significant job opportunities associated with the proposed scheme at a time when the country is facing an uncertain economic future.   

 

For all of the above reasons, I would urge you to support the planning officer’s recommendation and allow Morbaine to move to the next stage of this development whereby we can secure end operators and finalise the design in detail.”

 

The Chairman thanked Mr Nutter and, with no further comments from the Officer, invited Members of the Committee to comment. There was overall support for the application, with recognition of the benefits the proposals could bring to the local area, however Members expressed concerns as to the hours available for deliveries to take place and whether this would cause excessive disruption to local residents. The Officer highlighted that the initial hours for deliveries had been reduced and were now in line with what had been recommended by the Environmental Health team. Members recognised the objections raised by Tesco however felt that overall the merits of the application counteracted the objections raised. It was noted that the developers should continue to liaise with local residents to minimise disruption.

 

Having been moved and seconded. On taking the vote it was unanimously agreed that permission be GRANTED, alongside the signed and certified legal agreement under section 106 of the Planning Act 1990 (as amended) dated 17th June 2021 pertaining to:-

·         £5000 for the processing of the alteration to the traffic regulation order and relocation of the existing speed limit terminal signs.

·         £5000 for the future monitoring of the required Travel Plan,

and subject to the following conditions.

 

Conditions stating the time by which the development must be commenced:

1. Application for approval of the reserved matters must be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

Reason: To conform with Section 92 (2) of the Town and Country Planning Act 1990 (as amended).

 

2. No development must take place until, plans and particulars of the appearance, layout and scale of the buildings to be erected and the landscaping of the site (hereinafter called “the reserved matters”) have been submitted to and approved in writing by the Local Planning Authority, and the development must be carried out in accordance with those details.

 

Reason: The application is in outline only and the Local Planning Authority wishes to ensure that these details which have not yet been submitted are appropriate for the locality.

 

3. The development hereby permitted must be begun before the expiration of two years from the date of final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

 

Reason: To conform with Section 92 (2) of the Town and Country Planning Act 1990 (as amended).

 

Conditions which apply or require matters to be agreed before the development commenced:

 

4. No development must take place until a noise impact assessment has been submitted to and approved by the Local Planning Authority. The noise assessment must include any necessary noise mitigation measures and a noise management policy. No operation of the site must occur until all recommended noise mitigation measures have been installed and the site must be operated in accordance with the approved noise management strategy.

 

Reason: To protect the amenity of the adjacent neighbour from undue noise to accord with the National Planning Policy Framework and local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

5. No development must take place until, a contaminated land assessments and associated remedial strategy by a suitably qualified person with nontechnical summaries, conclusions and recommendations, 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. (Outcomes must appropriately reflect end use and when combining another investigative purpose have a dedicated contaminative summary with justifications cross referenced). 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 to accord with the National Planning Policy Framework and local policy LP14 and LP16 of the Central Lincolnshire Local Plan 2012-2036.

 

6. No development must take place until details of a scheme for the disposal of surface water (including any necessary soakaway/percolation tests) from the site and a plan identifying connectivity and their position has been submitted to and approved in writing by the local planning authority.

The scheme shall:

 be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development;

 provide details of how run-off will be safely conveyed and attenuated during storms up to and including the 1 in 100 year critical storm event, with an allowance for climate change, from all hard surfaced areas within the development into the existing local drainage infrastructure and watercourse system without exceeding the run-off rate for the undeveloped site;

 provide attenuation details and discharge rates which shall be restricted to 2 litres per second;

 provide details of the timetable for and any phasing of implementation for the drainage scheme; and

 provide details of how the scheme shall be maintained and managed over the lifetime of the development, including any arrangements for adoption by any public body or Statutory Undertaker and any other arrangements required to secure the operation of the drainage system throughout its lifetime.

 

No operation of the site must occur until the surface water drainage has been fully completed in strict accordance with approved scheme. The approved scheme must be retained and maintained in full, in accordance with the approved details.

 

Reason: To ensure adequate surface water drainage facilities are provided to serve the buildings and hardstanding on the site, to reduce the risk of flooding and to prevent the pollution of the water environment to accord with the National Planning Policy Framework and local policy LP14 of the Central Lincolnshire Local Plan 2012-2036.

 

7. No development must take place until details of a scheme for the disposal of foul water from the site and a plan identifying connectivity has been submitted to and approved in writing by the local planning authority. No operation of the site must occur until the foul water drainage has been fully completed in strict accordance with approved scheme. The approved scheme must be retained and maintained in full, in accordance with the approved details.

 

Reason: To ensure adequate foul water drainage facilities are provided to serve the buildings on the site and to prevent the pollution of the water environment to accord with the National Planning Policy Framework and local policy LP14 of the Central Lincolnshire Local Plan 2012-2036.

 

8. No development must take place until a demolition and construction method statement including a construction management plan has been submitted and agreed in writing by the local planning authority. The approved statement(s) must be adhered to throughout the demolition and construction period. The statement must provide for:

(i) the routeing and management of traffic;

(ii) the parking of vehicles of site operatives and visitors;

(iii) loading and unloading of plant and materials;

(iv) storage of plant and materials used in constructing the development;

(v) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

(vi) wheel cleaning facilities;

(vii) measures to control the emission of dust and dirt;

(viii) protection of existing boundary hedging and trees

(ix) details of noise reduction measures;

(x) a scheme for recycling/disposing of waste;

(xi) the hours during which machinery may be operated, vehicles may enter and leave, and works may be carried out on the site;

(xii) A Piling Strategy, including measures for mitigation, where piling is proposed

 

Reason: To restrict disruption to the living conditions of the neighbouring dwelling and surrounding area from noise, dust and vibration and to accord with the National Planning Policy Framework and local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

9. No development must take place unless a non-licenced Great Crested Newt Method Statement has been submitted and agreed in writing by the local planning authority. The development must be completed in strict accordance with the approved method statement.

 

Reason: In the interest of nature conservation to accord with the National Planning Policy Framework and local policy LP21 of the Central Lincolnshire Local Plan 2012-2036.

 

10. No development must take place until construction details and position of a 1.8 metre wide footway, to connect the development to the existing footway network on the north and south side of Gallamore Lane has been submitted and agreed in writing by the Local Planning Authority. The works must include appropriate arrangements for the management of surface water run-off from the highway. No operation of the site must take place unless the footpath has been fully completed, in strict accordance with the approved scheme.

 

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 to accord with the National Planning Policy Framework and local policy LP13 and LP14 of the Central Lincolnshire Local Plan 2012-2036.

 

11. No development must take place unless details including the position to improve the public highway by means of a pedestrian refuge island have been submitted and approved in writing by the Local Planning Authority. No operation of the site must take place until the refuge island has been completed in strict accordance with the approved details and certified complete by the Local Planning Authority.

 

Reason: To ensure the provision of safe and adequate means of access to the permitted development to accord with the National Planning Policy Framework and local policy LP13 of the Central Lincolnshire Local Plan 2012-2036.

 

12. No development must take place until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. Those parts of the approved Travel Plan that are identified therein as being capable of implementation after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented for as long as any part of the development is occupied.

 

Reason: In order that the permitted development conforms to the requirements of the National Planning Policy Framework, by ensuring that access to the site is sustainable and that there is a reduced dependency on the private car for journeys to and from the development to accord with the National Planning Policy Framework and local policy LP13 of the Central Lincolnshire Local Plan 2012-2036.

 

13. No external lighting must be installed on the site outlined in red on location plan 7536/01 dated November 2019 unless lighting details have been submitted to and agreed in writing with the Local Planning Authority. Such details are a lighting report with an illustrated light spill diagram and operational hours of all lighting. The development must adhere to the agreed lighting plan thereafter.

 

Reason: To restrict disruption from light spill on the living conditions of the neighbouring dwelling and the open countryside to accord with the National Planning Policy Framework and local policy LP17, LP26 and LP55 of the Central Lincolnshire Local Plan 2012-2036.

 

Conditions which apply or are to be observed during the course of the development:

 

14. With the exception of the detailed matters referred to by the conditions of this consent including the reserved matters, the development hereby approved must be carried out in accordance with the location plan 7536/01 dated November 2019 and site plan 7536/27 (strictly vehicular access only) dated February 2021. The works must 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 local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

15. Apart from the non-licenced Great Crested Newt Method Statement the development hereby approved must only be carried out in accordance with all the habitat and ecological features set out in section 3.0 and all the Protection, Mitigation and Management recommendations set out in section 4.0 of the Biodiversity, Enhancement and Management Plan dated January 2021 by WYG.

 

Reason: In the interest of nature conservation to accord with the National Planning Policy Framework and local policy LP21 of the Central Lincolnshire Local Plan 2012-2036.

 

16. No operation of the site must take place until details to permanently close the existing accesses off Gallamore Lane have been submitted to and agreed in writing by the Local Planning Authority. The closure of the two accesses must be completed within seven days of the new access being brought into use and in strict accordance with the approved scheme.

 

Reason: To reduce to a minimum, the number of individual access points to the site, in the interests of road safety to accord with the National Planning Policy Framework and local policy LP13 and LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

Conditions which apply or relate to matters which are to be observed following completion of the development:

 

17. No deliveries must take place on the site between the hours of 23:00 and 7:00.

 

Reason: To restrict sleep disturbance from vehicle, human and delivery noises on the neighbouring dwelling during the hours stated to accord with the National Planning Policy Framework and local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

18. The retail store must not operate outside of the following hours:

 8:00 and 22:00 on a Monday, Tuesday, Wednesday, Thursday, Friday and Saturday

 9:00 and 18:00 on a Sunday

 

Reason: To protect the amenities of nearby properties and the locality to accord with the National Planning Policy Framework and local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

19. The coffee drive thru building must not operate outside of the following hours:

 6:00 and 22:00 on a Monday, Tuesday, Wednesday, Thursday, Friday and Saturday

 9:00 and 18:00 on a Sunday

 

Reason: To protect the amenities of nearby properties and the locality to accord with the National Planning Policy Framework and local policy LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

20. No extraction flues, vents or fans must be installed on the site outlined in red on location plan 7536/01 dated November 2019.

 

Reason: To protect the amenities of nearby properties and the locality from unacceptable odour nuisance to accord with the National Planning Policy Framework and local policies LP26 of the Central Lincolnshire Local Plan 2012-2036.

 

21. The proposed site outlined in red on location plan 7536/01 dated November 2019 must only be used for the purposes of retail and for a coffee drive thru. Any other uses including those within Class E of the Town & Country Planning (Use Classes) Order 1987 as amended, are prohibited.

 

Reason: To protect the amenities of nearby properties and to restrict the site from inappropriate uses in accordance with the National Planning Policy Framework, local policies LP6, LP26 and LP55 of the Central Lincolnshire Local Plan 2012-2036.