Agenda item

The Committee gave consideration to the first application of the evening, number 147738, seeking permission to demolish all buildings on site and erect a Class E food store and a Class E(b) coffee shop drive-thru together with access, car parking, servicing, landscaping and associated works, on land off Gallamore Lane, Middle Rasen. The Officer confirmed that pre-commencement conditions had been accepted and provided the Committee with a short presentation of the application.

 

The Chairman stated there were three registered speakers, and invited the first, Mr Keith Nutter, Applicant, to address the Committee.

 

Mr Nutter stated that through a public consultation exercise, 91% of over 400 responses had been in support of the proposal. Objections had been that the application was speculative, however, there was now a defined scheme being presented for approval. He noted that it was common for objectors to be more vocal than those expressing support, and stated it was rare for the level of support given for the proposal to be seen. He explained that the proposal could only be beneficial to the local area, creating more jobs and more sustainable options for local residents, rather than them having to travel further afield to similar food stores. In seeking the support of the Committee, Mr Nutter concluded that the people of Market Rasen had long sought to have such facilities in their area, and the proposal would fulfil that need.

 

The Chairman thanked Mr Nutter for his comments and explained that the second speaker, Mr Matthew Horsefield, had been unable to attend however had submitted a statement to be read on his behalf. The following statement was read aloud.

 

“My Name is Matthew Horsefield. I am the owner of The Advocate Arms and The Heneage Arms Businesses. I have been running the two myself for the past 10 months but been back in Market Rasen for the past 2 years. I was originally at The Advocate Arms back 12 years ago when Market Rasen was a very different place. And so to the point. The plans to build an Aldi and a Coffee shop which i believe is to be a Starbucks concerns me greatly. I do agree that another supermarket may bring needed competition to Tesco however will also impact the Highstreet which is already greatly suffering. The footfall is nothing in comparison to what it was in the past. The Highstreet looks tired and uncared for. So why would we then look at development on the outside of the main street? Even if this is from a private developer. 

 

The Building of the Aldi and Starbucks will only mean that people will shop and drink there and park for free and never touch the high street which already has plenty of coffee shops and food retailers that offer all that is being suggested. So why do we need more of things we already have! But allow free parking at Aldi but pay and display in Market Rasen?!?! I appreciate that Tesco don't charge for parking however since the Tesco was built it was decided by the council to charge for parking which has added to the negative effect on the hight street as the Market place has become the only free parking which has added to the decrease in Markets as money is then required to close the Market Place to do Markets which drives up the costs to run them!

 

I myself since being back have invested my own time and money into Food and Drink festivals in the Market place which have been extremely well received and also increased the footfall through the town centre to many of the shops. I plan to run another two next year and grow this if possible to more over time with the help of the town council who i feel need more support in order to bring back regular Markets which will in turn bring more people into Market Rasen. Many Thanks”

 

At the conclusion of the statement, the Chairman invited the third registered speaker, Ward Member Councillor Moira Westley, to address the Committee.  

 

Councillor Westley stated she was speaking on behalf of Market Rasen Ward Members, Town Council and residents, in support of the application. She stated that the proposal was much needed in Market Rasen, and that it would provide employment opportunities, and result in the extension of the pathway and cycleway. She welcomed the proposal and looked forward to it being realised.

 

The Chairman thanked all speakers and in seeking a response from Officers, it was explained that there was an amendment required to condition 14, that being that “no development must take place above ground level…”. Members accepted this amendment as an omission in the original report.

 

Members of the Committee voiced their support for the application. In response to an enquiry regarding the Community Infrastructure Levy, it was confirmed the proposal would be subject to the levy. There were concerns raised regarding the inclusion of a franchised coffee retailer on the site, noting that there were several independent coffee retailers who could see a decline in their trade as a result. In response to questions regarding the inclusion of an extended footpath and the water connections, Officers confirmed the pathway was between the site and Market Rasen rather than Middle Rasen, and that the connection to the main water course for sureface water was in line with the recommendation from Anglian Water.

 

In relation to Biodiversity Net Gain (BNG), it was explained that the best course of action for the applicant would be to achieve the necessary 10% BNG on site, however should that not be possible, they would be required to outsource off site to achieve that 10%. Suggestions such as a seeded roof could be put to the developer, however the specifics of how that 10% would be achieved would not impact the decision making by the Committee.

 

A Member of the Committee enquired as to whether it would be possible to amend the hours of deliveries, and add a condition regarding the retention of disabled and family parking spaces on site. It was explained that the hours of deliveries were standard hours, however a condition regarding the parking spaces could be included.

 

Having been proposed and seconded, with the amendment to condition 14 noted, and agreement for the Officer to condition the parking spaces, the Chairman took the vote and it was agreed that planning 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. The development hereby permitted must 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 must take place until, a contaminated land assessment and associated remedial strategy by a suitably qualified person with non-technical 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:

e) 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.

f) 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.

g) 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.

h) 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.

i) 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 and S56 of the Central Lincolnshire Local Plan 2023.

 

3. 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 highway and the living conditions of the neighbouring dwellings and surrounding area from noise, dust and Page 50

vibration to accord with the National Planning Policy Framework and local policy S47 and S53 of the Central Lincolnshire Local Plan 2023.

 

4. 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 S21 and S47 of the Central Lincolnshire Local Plan 2023.

 

5. 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 S47 of the Central Lincolnshire Local Plan 2012-2036.

 

6. No development must take place unless evidence to demonstrate that the biodiversity value attributable to the development must exceed the pre-development biodiversity value of the onsite habitat by at least 10% (in compliance with metric trading rules), has been submitted to and agreed in writing with the Local Planning Authority.

The biodiversity value attributable to the development is the total of - (a)the proposed post-development biodiversity value of the onsite habitat, (b)the biodiversity value, in relation to the development, of any registered offsite biodiversity gain allocated to the development, and (c)the biodiversity value of any biodiversity credits purchased for the development. Where criteria (b) or (c) apply, the evidence will need to demonstrate that registered offsite biodiversity gain and/or biodiversity credits has been secured, as appropriate. Development may only proceed in accordance with the agreed details.

 

Reason: To evidence meeting the 10% Biodiversity Net Gain policy requirement and to increase the Biodiversity Value of the site or by Page 51

providing off site enhancements to accord with the National Planning Policy Framework and local policy S61 of the CLLP

 

7. No development hereby permitted until a written Habitat Management and Maintenance Plan [HMMP] in accordance with the evidence approved in condition 7 of this permission is submitted to and approved in writing by the Local Planning Authority. The HMMP must relate to all proposed habitats on site and must be strictly adhered to and implemented in full for a minimum of 30 years following an initial completion period. The HMMP must contain the following:

a) a non-technical summary;

b) the roles and responsibilities of the people or organisation(s) delivering/monitoring the [HMMP];

c) the details of funding, resources and mechanisms for long term delivery of the [HMMP].

d) the planned habitat creation and enhancement works for the initial completion period to create or improve habitat.

i. Explanation as to how climate change models (RCP 8.5) have impacted management, species selection and/or provenance.

ii. Explanation as to how soil sampling has impacted creation/enhancement of grassland habitats or any habitat creation on previous arable/contaminated land.

iii. Explanation as to any legal requirements associated with protected and or invasive species on site.

e) the management measures to maintain habitat for a period of 30 years from the completion of development;

f) the monitoring methodology and frequency in respect of the retained, created and/or enhanced habitat

g) the mechanisms of adaptive management and remedial measures to account for changes in the work schedule to achieve required targets.

 

Reason: To ensure an appropriate management and maintenance plan is approved to accord with the National Planning Policy Framework and local policy S61 of the CLLP

 

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

 

8. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved must be carried out in accordance with the following proposed drawings:

·         7536/67 Rev G dated 7th August 2024 – Site Plan

·         7536/68 Rev G dated 7th August 2024 - Site Plan with Landscaping

·         7536/69 Rev J dated 7th August 2024 - SIte Plan with Landscaping

·         7536/70 Rev A dated 1st May 2024 - Supermarket Floor and Roof Plan

·         7536/71 Rev A dated 9th November 2023 - Supermarket Elevation Plans

·         7536/72 Rev A dated 1st May 2024 - Drive-Thru Elevation, Floor and Roof Plans

·         7536/73 Rev C dated 7th August 2024 - Site Section Plans

·         7536/74 Rev E dated 7th August 2024 - Hard Landscaping Plan

·         7536/77 dated October 2023 - Location Plan

·         4672 01 Rev M dated December 2020 - Landscape Masterplan

·         4672 02 Rev H dated 12th August 2024 - Landscape Boundary Sections

 

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 S5, S47, S49 and S53 of the Central Lincolnshire Local Plan 2023.

 

9. No operation of the development hereby approved 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 S47 of the Central Lincolnshire Local Plan 2012-2036.

 

10. No development above ground level 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 must:

·         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; Page 53

·         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 S21 of the Central Lincolnshire Local Plan 2023.

 

11. No development above ground level 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 S21 of the Central Lincolnshire Local Plan 2023.

 

12. The proposed development must at all times be operated in strict accordance with the noise mitigation measures identified on page 14 of the Noise Impact Assessment (NIA) dated 12th February 2024 by Hepworth Acoustics and the acoustic fencing identified on hard landscaping plan 7536/74 Rev E dated 7th August 2024.

 

Reason: To protect the amenity of the adjacent neighbour from undue noise to accord with the National Planning Policy Framework and local policy S53 of the Central Lincolnshire Local Plan 2023.

 

13. The proposed development must be completed in strict accordance with the recommendations listed in Section 3.2 (Project Champion), Section 4.2 (General Good Practice Measures) and Section 5.0 (Site Clearance Methods) of the Great Crested Newt Non-Licenced Method Statement by Morbaine Ltd dated May 2024.

 

Reason: In the interest of nature conservation to accord with the National Planning Policy Framework and local policy S60 of the Central Lincolnshire Local Plan 2023.

 

14. No development above ground level must take place until details of the position of 3 bat boxes a as per the recommendations of the Bat Roost Survey Report (BRS) by Morbaine Ltd dated June 2024 has been submitted to and approved by the Local Planning Authority. The approved boxes must be retained as such thereafter.

 

Reason: In the interest of nature conservation to accord with the National Planning Policy Framework and local policy S60 of the Central Lincolnshire Local Plan 2023.

 

15. Apart from the bat boxes approved in condition 13 above, the development hereby approved must be completed in strict accordance with the mitigation measures in section 4.2 of the Bat Roost Survey Report (BRS) by Morbaine Ltd dated June 2024. All mitigation measures relating to the operational phase of the development must be retained as such thereafter following the completion of the construction phase.

 

Reason: In the interest of nature conservation to accord with the National Planning Policy Framework and local policy S60 of the Central Lincolnshire Local Plan 2023.

 

16. The development hereby permitted must be carried out in strict accordance with the details set out in the submitted Energy and Sustainability Statement (Revision 1 (ref:Z61062)) dated 1st March 2024.

 

Reason: To ensure that the development takes place in accordance with the approved details and in accordance with the provisions of policies S6 and S8 of the Central Lincolnshire Local Plan 2023.

 

17. Prior to occupation of the development hereby approved, a written verification statement shall be submitted to demonstrate that the approved scheme has been implemented in full, in accordance with the submitted Energy and Sustainability Statement (Revision 1 (ref:Z61062)) dated 1st March 2024 and approved in writing by the planning authority.

 

Reason: To ensure that the development takes place in accordance with the approved details and in accordance with the provisions of policies S6 and S8 of the Central Lincolnshire Local Plan 2023.

 

18. No external lighting must be installed on the site outlined in red on location plan 7536/77 dated October 2023 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.

 

19. 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 S47 and S53 of the Central Lincolnshire Local Plan 2023.

 

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

 

20. 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 S53 of the Central Lincolnshire Local Plan 2023.

 

21. 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 S53 of the Central Lincolnshire Local Plan 2023.

 

22. 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 S53 of the Central Lincolnshire Local Plan 2023.

 

23. No flues, vents or fans used for the extraction of food/cooking smells must be installed on the site outlined in red on location plan 7536/77 dated October 2023.

 

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 S53 of the Central Lincolnshire Local Plan 2023.

 

24. The proposed site outlined in red on location plan 7536/77 dated October 2023 must only be used for the purposes of retail and for a coffee drive thru (Use Class E(a) and E(b). Any other uses including those within Class E (c, d, e, f and g) of the Town & Country Planning (Use Classes) Order 1987 as amended, are prohibited without the express planning permission of the Local Planning Authority.

 

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 S5 and S53 of the Central Lincolnshire Local Plan 2012-2036.

 

25. The gross internal floorspace of the foodstore hereby permitted must not exceed 1,802 square metres. The net sales area of the foodstore hereby permitted must not exceed 1,315 square metres. Whilst the combination of the net sales area devoted to the sale of convenience and comparison goods must not exceed 1,315 square metres, no more than 85% (or 1,118 square metres) must be used for the sale of convenience goods and no more than 25% (or 329 square metres) must be used for the sale of comparison goods.

 

Reason: To protect the vitality and viability of established centres in accordance with the National Planning Policy Framework and local policy S35 of the Central Lincolnshire Local Plan 2023.

 

26. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification) no oil tanks or gas tanks must be placed within the curtilage of the building(s) hereby approved without the express planning permission of the Local Planning Authority.

 

Reason: In the interests of energy efficiency to accord with policies S6 and S8 of the Central Lincolnshire Local Plan 2023.

 

New Condition requested by committee and delegated to case officer to create:

The development hereby approved must include 8 family and 8 disabled off street parking spaces as identified on plans 7536/67 Rev G dated 7th August 2024, 7536/68 Rev G dated 7th August 2024 and 7536/69 Rev J dated 7th August 2024.  The family and disabled parking spaces must be retained as such thereafter.

 

Reason: To ensure an acceptable mix of standard, family and disabled off street car parking spaces are available to customers to accord with the National Planning Policy Framework and local policy S49 and S53 of the Central Lincolnshire Local Plan 2023.