Erection of retail warehousing (A1 non food)

Erection of retail warehousing (A1 non food)

 

The Senior Planning Officer reported the following:

 

A letter received from the applicant confirmed:

 

1.         Halfords have now, since you prepared the report, confirmed their intention to take the third unit.  The development is therefore committed, subject to planning.

 

2.         With respect to item 1 of the recommendation referring to departure aspects.  I feel it would be beneficial if the Committee were made aware that this related to the AONB status, as described in your report item 6.2, and policy LA1, rather than other issues such as employment land.

 

An updated Travel Plan was received on 13 October that included the recommendations of the Sustainable Travel Officer.

 

In accordance with the criteria for public speakers Mr Woodman, representing Hereford and Worcester Chamber of Commerce, spoke in support of the application.

 

Councillor RH Smith noted the concerns raised by the Forward Planning Manager who questioned the need for the development. He also felt that the application was contrary to Policy LA1 of the Herefordshire Unitary Development Plan as the site fell within an area of outstanding natural beauty. He went on to note that the retail units intended to sell bulk goods and therefore questioned the need for a section 106 contribution towards footpath and cycle path improvements and felt that the funds would be better allocated on improving the roundabout at the entrance to the site. In summing up he voiced his concerns in respect of the negative effect that granting the application could have on the town centre and felt that he could therefore not support the application.

 

Councillor H Bramer concurred with the comments of Councillor Smith and felt that the application should be refused as it was contrary to policy LA1. He added that he also had concerns regarding the design of the units and the access to the site from the A449/A40 roundabout.

 

Councillor PGH Cutter, the Chairman speaking in his capacity of local ward member, agreed that granting the application could have a negative impact on the town centre of Ross-on-Wye. He felt that the traffic manager’s proposal to re-route the local bus service in order to service the site was a positive move.

 

A number of members felt that the application would have an adverse effect on the town centre as well as being concerned as to the suitability of the existing roundabout at the access to the site. Other members noted that the transport assessment had concluded that there would be no material impact on the A449/A40 roundabout.

 

A motion to refuse the application failed and the resolution below was then agreed.

 

RESOLVED

 

That:

 

1)      Subject to securing a resolution to approve planning permission, the application be advertised as a departure to the development plan and further consideration be given to 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 highway works and the provision of a bus service 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.      A01 (Time limit for commencement (full permission) )

 

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.      The premises 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.

 

3.      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

 

4.      G01 (Earthworks )

 

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

 

5.      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.

 

6.      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.

 

7.      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.

 

8.      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

 

9.      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

 

10.    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

 

11.    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

 

12.    I33 (External lighting)

 

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

 

13.    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.

 

14.    L02 (No surface water to connect to public 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.

 

15.    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.

 

16.    L04 (Comprehensive & Integrated draining of site )

 

Reason:  To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs to the environment or the existing public sewerage system so as to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

INFORMATIVES:

 

1.      N19 - Avoidance of doubt - Approved Plans

 

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