Agenda item

Due to public interest, the Chair brought item 5 forward on the agenda.

 

 

Erection of a drive thru restaurant, with associated access, car parking, drainage, and landscaping.

 

Michael Heffernan and Tracy Hill who were local residents, spoke in objection to the application.

 

Richard Croft of Henry Developments, the applicant, spoke in support of the application.

 

The Principal Planning Officer informed members that since the publication of the agenda, four letters of objection had been received, but the matters raised within those representations had already been considered within the committee report. 

 

He asked members to note that the Stoke Bardolph Parish Meeting group were not consulted on the application initially as there was some ambiguity as to whether the application fell within the parish boundary and whether they formed a parish council.  He added that the meeting group had since been consulted and had submitted comments following the publication of the report, which he went on to summarise as follows:

 

There would be a significant increase in traffic when compared to the existing permission for the public house which would have an adverse impact on the local highway network; the cumulative impact of the development needed to be considered alongside Victoria Retail Park as traffic already backed up to Magenta Way at peak times; a travel plan was unlikely to reduce the number of vehicles because the development was relying on drive through customers rather than eat in diners; that the development would have an adverse impact on air quality due to an increase in motor vehicles; the development would have an adverse impact on health; the development would harm the amenity  through anti-social behaviour; the development would create a high level of  fly-tipping and littering and there would be no assurances about the management of the littering; that they objected to the application and suggested that planning permission should be refused.

 

He then went on to introduce the report.

 

Councillor Bestwick joined the meeting at 6:31pm.

 

 

Following debate, Councillor Adams, seconded by Councillor Sam Smith, proposed an amendment to condition 13 requiring litter picking to be specifically included within 100 metres of the application site, which would read as follows:

 

Condition 13

 

Before the first occupation of the building hereby permitted, a waste management plan shall be submitted to and approved in writing by the Local Planning Authority and shall also include measures for litter picking within a 100m radius of the application site boundary and bin locations and to limit litter entering beyond the application site. Once approved, all operations within the site relating to waste shall only commence in accordance with the waste management plan.

 

The amendment was carried and it was therefore

 

RESOLVED:

 

To Grant Planning permission subject to Conditions:

 

 1     The development must be begun not later than three years beginning with the date of this permission.

 

 2     The development authorised by this permission shall be carried out in complete accordance with the approved drawings and specification listed below: 

       

Site Layout      Scale:  1:250@A1 Ref:  18036-SGP-05-XX-DR-A-131000 Rev E Received 25th August 2023

Site Location Plan Scale:  1:1000@A1 Ref:  18036-SGP-05-XX-DR-A-131001 Rev B Received 20th July 2023

Ground Floor and Roof Plans Scale:  1:50@A1 Ref:  18036-SGP-05-ZZ-DR-A-131100 Rev - Received 25th May 2023

Proposed Elevations Scale:  1:100@A1    Ref:  18036-SGP-05-XX-DR-A-131300 Rev A Received 25th May 2023

Drainage Layout Scale:  1:200@A1 Ref:  TEAL-BSP-ZZ-XX-DR-C-0240 P01 Received 25th May 2023

Proposed Levels Scale:  1:200@A1 Ref:  TEAL-BSP-ZZ-XX-DR-C-0212          Received 25th May 2023

Lighting Layout Scale:  1:500@A2 Ref:  LL1593-001 Revision A Received 25th May 2023

Proposed Soft Landscaping Scale:  1:200@A1   Ref:  P22- 3166_EN_0001_A_0001 Received 25th May 2023

Risk Assessment - ref 18-0062 V1; Dated 27th April 2023; BSP consulting.

Air Quality Assessment by Redmore Environmental ref. 6678r1 dated April 2023

Lighting Design Report Ref: LL1593/001 (dated 23.05.223)

Environmental Noise Report by Sharps Redmore Consultants Ref:  2321855 dated 03.05.2023

Site Investigation Report -by BSP Consulting Ref:  18-0062 V1.4

 

 3     The use hereby approved shall not commence until the parking, turning and servicing areas are provided in accordance with the approved plans. The parking, turning and servicing areas shall not be used for any purpose other than parking, turning, loading and unloading of vehicles, and shall thereafter be retained for the life of the development.

 

 4     The use hereby approved shall not commence until such time as details of the the cycle shelter as shown on the Site Layout Plan (Dwg No 18036 SGP05XXDRA-13100 Rev E) have been submitted to and approved in writing by the local Planning Authority.  It shall be erected and be available for use prior to occupation and shall thereafter be retained for the life of the development.

 

 5     Prior to occupation of any building(s) a Verification Report that demonstrates the effectiveness of the remediation carried out (under the submitted BSP Remediation Proposals dated 27 April 2023) must be submitted and approved in writing by the Local Planning Authority.

 

 6     In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site. An assessment must be undertaken in accordance with the requirements above, and where remediation is necessary a remediation scheme, together with a timetable for its implementation and verification reporting, must be submitted to and approved in writing by the Local Planning Authority.

 

 7     The development shall be carried out in accordance with the submitted flood risk assessment (ref 18-0062 V1; Dated 27th April 2023; BSP consulting) and proposed levels layout drawing (ref TEAL-BSP-ZZ-XX-DR-C-0212 P01; dated 23/03/2023; bsp consulting) and the following mitigation measures they detail:  Finished floor levels shall be set no lower than 20.96 metres above Ordnance Datum (AOD) .  These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme's timing/ phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

 

 8     Prior to commencement of the development a Construction Emission Management Plan (CEMP) based on the findings of the Air Quality Assessment (Redmore Environmental ref. 6678r1 dated April 2023) shall be submitted to and approved in writing by the Local Planning Authority. All works on site shall be undertaken in accordance with the approved CEMP unless otherwise agreed in writing by the Local Planning Authority.

 

 9     Prior to the date of first occupation the development shall be provided with access to electric vehicle (EV) charge point(s) in line with Part S of the Building Regulations.  A minimum of two active charge points and, cable routes installed to at least one-fifth of the total number of parking spaces. All EV charging points shall meet relevant safety and accessibility requirements and be clearly marked with their purpose; which should be drawn to the attention of site users.  They shall be thereafter maintained in the location as approved for the lifetime of the development.

 

10    The development hereby approved shall be undertaken in accordance with the submitted surface water drainage scheme based on the principles set forward by the approved Flood Risk Assessment (FRA) and specifically the Drainage Strategy as detailed on the Proposed Drainage Layout plan (Dwg Ref:  TEAL-BSP-ZZ-XX-DR-C-0240-P01).

 

11    Prior to the commencement of development hereby approved details of a Local Labour Agreement in relation to the construction phase of the development, and job creation once operational, shall be submitted to and approved in writing by the Local Planning Authority. The local labour agreement shall be implemented in accordance with the approved details thereafter.

 

12    The use hereby approved shall not commence until such time as the specification and mitigation measures of all external lighting installations set out in the submitted Lighting Design Report Ref:  LL1593/001 (dated 23.05.223) are in place and are operational.

 

13    Before the first occupation of the building hereby permitted, a waste management plan shall be submitted to and approved in writing by the Local Planning Authority and shall also include measures for litter picking within a 100m radius of the application site boundary and bin locations and to limit litter entering beyond the application site. Once approved, all operations within the site relating to waste shall only commence in accordance with the waste management plan.

 

14    The approved landscaping as detailed on the Soft Landscape Proposals drawing (Ref:  P22-3166-EN_0001_A_0001) shall be carried out in the first planting season following the first occupation of the development.  If within a period of five years beginning with the date of the planting of any tree, hedge, shrub or seeded area, that tree, shrub, hedge or seeded area, or any tree, hedge, shrub or seeded area that is planted in replacement of it, is removed, uprooted or destroyed or dies, or becomes in the opinion of the Local Planning Authority seriously damaged or defective, another tree, shrub or seeded area of the same species and size as that originally planted shall be planted at the same place, unless otherwise prior agreed in writing by the Local Planning Authority.

 

15    Notwithstanding the landscape management details outlined on the Soft Landscape Proposals drawing (Ref:  P22-3166-EN_0001_A_0001) future maintenance of the landscaped areas defined on this plan shall be for a period of 36 months following practical completion and not 12 months as stated.

 

16    No building shall be erected until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

17    Notwithstanding submitted details, prior to the use commencing, an updated Travel Plan shall be submitted to and approved in writing by the Local Planning Authority.  Development shall thereafter comply with the updated Travel Plan as approved.

 

Reasons

 

 1       To comply with the requirements of Section 91(1) of the Town and Country Planning Act 1990 (as amended).

 

 2       To define the permission and for the avoidance of doubt.

 

 3       In the interest of highway safety and to comply with policy LPD61.

 

4       To encourage sustainable travel and comply with guidance within the NPPF.

 

 5       To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 178 of the National Planning Policy Framework and policy LPD7 of the Local Plan.

 

 6       To ensure the development is safe and suitable for use, thereby taking into consideration paragraph 178 of the National Planning Policy Framework and policy LPD7 of the Local Plan.

 

 7       To reduce the risk of flooding to the proposed development and future occupants.

 

 8       To ensure the development is constructed in an appropriate sustainable manner which takes into consideration air quality within the Borough and takes into consideration the National Planning Policy Framework and policy LPD11 of the Councils Local Plan.

 

 9       To ensure the development is constructed in an appropriate sustainable manner which takes into consideration air quality within the Borough and takes into consideration the National Planning Policy Framework and policy LPD11 of the Councils Local Plan.

 

10      To reduce the risk of flooding to the proposed development and future occupants.

 

11      To seek to ensure that the construction of the site employs wherever possible local people ad assists economic growth in the area and to accord with Policy LPD 48.

 

12      To prevent light spill and to protect the amenity of neighbouring occupiers.

 

13      To ensure that refuse will be appropriately stored and collected from the site in the interest of protecting the amenity of the site area and to protected amenity through general litter, odour and potential vermin/pest nuisance.

 

14      To ensure the development creates a visually attractive environment and to safeguard against significant adverse effects on the landscape character of the area having regard to Policy LDP19 - Landscape Character and Visual Impact.

 

15      To ensure a satisfactory form of development and appropriate landscaping of the site.

 

16      To ensure that the character of the area is respected and to comply with policies ASC10 and LPD26.

 

17      To ensure that the site is accessible by means other than the private motor vehicle and to comply with guidance within the NPPF.

 

 

Reasons for Decision

 

The Borough Council has worked positively and proactively with the applicant in accordance with paragraph 38 of the National Planning Policy Framework (2023). Negotiations have taken place during the determination of the application to address adverse impacts identified by officers. Amendments have subsequently been made to the proposal, addressing the identified adverse impacts, thereby resulting in a more acceptable scheme and a favourable recommendation.

 

 

Notes to Applicant

 

The applicant is advised that all planning permissions granted on or after 16th October 2015 may be subject to the Community Infrastructure Levy (CIL). Full details of CIL are available on the Council's website. The proposed development has been assessed and it is the Council's view that CIL IS PAYABLE on the development hereby approved as is detailed below.  Full details about the CIL Charge including, amount and process for payment will be set out in the Regulation 65 Liability Notice which will be sent to you as soon as possible after this decision notice has been issued.  If the development hereby approved is for a self-build dwelling, residential extension or residential annex you may be able to apply for relief from CIL.  Further details about CIL are available on the Council's website or from the Planning Portal: www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil

 

All electrical circuits/installations shall comply with the electrical requirements of BS7671:2008 as well as conform to the IET code of practice on Electrical Vehicle Charging Equipment installation (2015) and The Electric Vehicles (Smart Charge Points) Regulations 2021.

 

 

 

Following a request from Councillor Adams, the Chair allowed the committee a comfort break which commenced at 6.54pm.

 

The meeting resumed at 6.59pm.