Proposed outline planning permission for the redevelopment of existing site for a mixed use development including business/general industrial (B1 (B, C), B2) and bulky goods retail (A1) uses.

Proposed outline planning permission for the redevelopment of existing site for a mixed use development including business/general industrial (B1 (B, C), B2) and bulky goods retail (A1) uses.

 

The Senior Planning Officer advised Members of amendments to conditions 5 and 17 as well as the addition of two new conditions. Full details appeared in the update sheet circulated at the meeting and the amendments are included in the resolution below.

 

In accordance with the criteria for public speaking Mr Parker, the applicant’s agent, spoke in support of the application.

 

Members discussed the application and felt that the proposed redevelopment of the site would be beneficial to the town of Ross-on-Wye. They felt that it would enhance the area but voiced some concerns regarding the impact the development could have on town centre trading.

 

Councillor RH Smith was concerned that the financial contribution from the applicant was being directed solely to highways, he asked the Chairman to confirm that he had been consulted during the Section 106 process regarding the allocation of any contribution received. The Chairman advised Councillor Smith that he had been reassured that consultation would take place once the funds were secured. Councillor Smith noted that section 2.2.4 of the Planning Obligations SPD required heads of terms to be agreed with the local ward member prior to the application coming before the sub-committee.

 

In response to a question, the Senior Planning Officer confirmed that transportation were the only Council department who had requested funds in order to improve the highway network.

 

The Head of Planning and Transportation noted the concerns raised by Councillor Smith, he added that all contributions received through the section 106 agreement had to be used to mitigate the impacts caused by granting the application.

 

Councillor JG Jarvis, the Cabinet Member for Environment and Strategic Housing, noted the concerns raised in respect of the section 106 agreement and requested a meeting with the Head of Planning and Transportation in order to ensure the correct process was being followed.

 

RESOLVED

 

That:

 

1)      Subject to securing a resolution to approve planning permission, the application be advertised as a departure and further consideration be given on the need to notify the Secretary of State based upon the responses received.

 

2)      The Legal Practice Manager be authorised to complete a planning obligation agreement under Section 106 of the Town and Country Planning Act 1990 regarding contributions towards improved footway/cycle way links and off-site highway works and any additional matters and terms as he considers appropriate.

 

3)      Upon completion of the aforementioned planning obligation, and in consultation with the Chairman and Local Ward Member, that the officers named in the Scheme of Delegation to officers be authorised to issue planning permission subject to the following conditions and any additional conditions considered necessary by officers:

 

 

1.      A02 (Time limit for submission of reserved matters (outline permission) )

 

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

2.      A03 (Time limit for commencement (outline permission) )

 

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

3.      A04 (Approval of reserved matters )

 

         Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to secure compliance with policy DR1 of the Herefordshire Unitary Development Plan.

 

4.      A05 (Plans and particulars of reserved matters )

 

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

5.      Units 3.1, 3.2, 3.3, 3.4 and 3.5 as shown on drawing 1334/2502 shall be used as a retail warehouse within Class A1 of the Town & Country Planning (Use Classes) Order 1987 with the exception of the following uses:

 

i)       the sale of food and drink to be consumed off the premises;

ii)      sale of clothing and footwear;

iii)     sale of cutlery, crockery and glassware;

iv)     sale of jewellery, clocks and watches;

v)      sale of toys, camping and travel goods;

vi)   sale of books, audio and visual recordings and stationery except for the retail sale of office supplies, office equipment and office furniture including the sale of both bulky and non-bulky catering packs of food and drink for office use;

vii)   sale of medical goods, cosmetics and toiletries;

viii)   sales of sports goods, equipment and clothing;

ix)     all uses within Categories A1 (B to K) of Class A1;

 

         except where the retail sale of these goods forms a minor and ancillary part of the operation of any of the retail activity.

 

Reason:  The Council's policy as set out in the Hereford Unitary Development Plan is directed towards the protection of the commercial viability of the existing central shopping and commercial areas.  This condition is imposed in order to clarify the terms of the permission in accordance with the Council's stated policy, having regard to the need to protect the vitaility and viability in accordance with Herefordshire Unitary Development Plan Policies TCR2 and TCR9.

 

6.      Unit 5, 11-16, 16-23 and 24-32 as shown on drawing 1334/2502 shall be used for B1 (b) or (c) and B2 and for no other purpose (including any other purpose) in Class B of the Schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

 

Reason: The local planning authority wish to control the specific use of the land/premises, in the interest of local amenity and to comply with Policy DR2 of Herefordshire Unitary Development Plan.

 

7.      Units 3.1, 3.2, 3.3, 3.4 and 3.5 as shown on drawing 1334/2502 shall not be first occupied until a minimum of 500sq m of B1/B2 floorspace is completed in Unit 5, 11-16, 16-23 and 24-32 as shown on drawing 1334/2502

 

Reason: Having regard to Herefordshire Unitary Development Plan E5, TCR2 and TCR9 part of the justification for Class A retail development on this site is the maintenance of an appropriate level of Class B employment.

 

8.      C01 (Samples of external materials )

 

         Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy DR1 of Herefordshire Unitary Development Plan

 

9.      G01 (Earthworks )

 

         Reason: In order to ensure that the development conforms with Policies DR1 and LA5 of Herefordshire Unitary Development Plan).

 

10.    G10 (Landscaping scheme )

 

         Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of Herefordshire Unitary Development Plan.

 

11.    G11 (Landscaping scheme - implementation )

 

         Reason: In order to maintain the visual amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

 

12.    G15 (Landscape maintenance arrangements )

 

Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of Herefordshire Unitary Development Plan.

 

13.    H15 (Turning and parking: change of use - commercial )

 

Reason: To minimise the likelihood of indiscriminate parking in the interests of highway safety and to conform with the requirements of Policy T11 of Herefordshire Unitary Development Plan

 

14.    H27 (Parking for site operatives )

 

Reason: To prevent indiscriminate parking in the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

 

15.    H29 (Secure covered cycle parking provision )

 

         Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

 

16.    H30 (Travel plans )

 

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

 

17.    I33 (External lighting)

 

Reason: To safeguard the character and amenities of the area and to comply with Policy DR14 of Herefordshire Unitary Development Plan

 

18.    L01 (Foul/surface water drainage )

 

Reason: To protect the integrity of the public sewerage system and to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

19.    Surface water discharges shall only be permitted to discharge to the public surface water sewerage system.

 

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment so as to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

20.    L03 (No drainage run-off to public system )

 

Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment so as to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

INFORMATIVES:

 

1.      W01 - Welsh Water Connection to PSS

 

2.      W02 - Welsh Water rights of access

 

3.      N19 - Avoidance of doubt - Approved Plans

 

4.      N15 - Reason(s) for the Grant of Planning Permission.