Application for approval of reserved matters following outline application DMS/103136/O for the redevelopment of the livestock market and adjacent land.

Approved in accordance with the case officer’s recommendation.

The Principal Planning Officer advised the Committee that the application before them related solely to reserved matters as the outline application had come before them in March 2011. It was noted that at the outline application stage the following matters had been agreed:

 

• Principle
• Floorspace thresholds
• Siting and height parameters
• Vehicular access and general highway alterations
• Traffic impact, retail impact and environmental impact.

 

He went on to advise Members that although the Council had made a commitment to deliver the ESG link road, the application was not dependent on it. He also drew members’ attention to an error in the report in respect of parking provision, he advised that the new provision was 617 spaces and not 517 as stated in paragraph 6.47 of the report.

 

In reference to questions raised at the Planning Committee Site Inspection, which had taken place on Tuesday 11 October, he commented that there was a perception of insufficient parking provision throughout the city, however this was not supported by the data collected by the Council. He also advised that there were new and proposed sustainable transport links and made reference to the recently approved Connect2 cycle way as well as the improved Holmer Road cycle ways. In response to a question regarding the re-use of materials on the site he commented that some of the building plaques were being re-used and that all of the hardcore arising from the demolition would also be crushed and re-used on site.

 

In response to a letter which had been received from Councillor MAF Hubbard, one of the local ward members, the Principal Planning Officer advised that legal advice had been sought in respect of a proposed condition regarding the restriction of the units around the entrance into the site from Widemarsh Street to retail use only. He confirmed that the advice given was that it would not be lawful to add such a condition at the reserved matters stage. He added that the committee had agreed to maximum floorspace restrictions for restaurant and café uses at outline stage and that as a result of this, it was likely that not all the units in this area could be food outlets in any event.

 

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor MAF Hubbard, one of the local ward members, commented on a number of issues, including:

 

• Impressed with the general scale, appearance, landscaping and street layout of the proposed development.
• Also pleased to see the inclusion of the small wooden framed pavilion buildings.
• Concerned that the views from Edgar Street were not being enhanced.
• Concerned with the level of integration to the city centre as required by the Council's Unitary Development Plan.
• The issue of usage of some of the units was a matter of layout and could therefore be considered at the reserved matters stage.
• Therefore it was proposed that units 27-29 and all three pavilion buildings be restricted to retail use only.
• Pedestrian integration was a key factor of the development and the crossings  on Newmarket Street needed to be reconsidered.
• The proposed pedestrian crossings were not 'shared space crossings' as agreed at the outline application stage.
• Traffic exited the roundabout at fairly high speed, the western crossing was too close to the roundabout.
• There were good examples of shared space crossings throughout the Country including a recently constructed one in Manchester.
• Request that the Committee adds two further conditions to the resolution to restrict the usage of the specified units and pavilions to retail and to reconsider the highway details in particular the pedestrian crossings.

 

Councillor PA Andrews, another of the local ward members, also addressed the Committee and commented on a number of issues, including:

 

• Support the principal of the application but have a couple of concerns.
• The design along Edgar Street needed to be reconsidered and improved.
• The design of the development into Newmarket Street also had to be more attractive to the public.
• The inclusion of 3 sets of traffic lights within 100 yards along Newmarket Street was also a concern.

 

Members were generally in support of the application with a number of the committee of the view that the proposed application was well overdue and would benefit the County as a whole. It was noted that the application had been discussed since 2001 and had taken several years to come to fruition.

 

Members did however have some concerns in respect of the application. The first issue to be discussed related to traffic. It was noted that the traffic lights along Newmarket Street could have a detrimental effect on the flow of traffic through the city. Some members of the Committee were also concerned that the application had come prior to the provision of the link road.

 

In response to comments regarding the link road, the Assistant Director - Economic, Environment & Cultural Services advised members that the application before them had to be determined on its merits. He added that work was ongoing to provide the link road but reminded members that they had granted outline permission for the retail site without the benefit of the link road and it would be unreasonable to condition it at this stage.

 

Another area of concern raised by the Committee was the Edgar Street facade including the department store frontage. A number of members raised concerns with the majority feeling the design could be improved and made more appealing to people accessing the site from Edgar Street. Concern was expressed in respect of the choice of materials for the Edgar Street facade with one of the members voicing concern with the choice of wooden cladding.  Members suggested that the applicant may consider making more use of some of the existing elements of the site including historic signage with references to the cattle market.

 

Members also discussed the linkage between the proposed site and the existing city centre. Members felt that it was imperative that the two areas of the city be well integrated in order for the city centre to remain vibrant. The issue of a condition restricting the usage of specific units  to retail only was discussed.

 

In response to a question regarding restrictions of usage of specific units, the Locum Lawyer advised that such a condition was fundamental to the application and should have been agreed at the outline application stage. He felt that it would be unlawful to add such a condition at the reserved matters stage.

 

In response to a question regarding the shop front design guide, the Principal Planning Officer advised that the agreement of this was a condition of the outline planning permission and therefore its approval was not required at the reserved matters stage.

 

The issue of CCTV was raised with one member of the Committee raising the point that the CCTV in the new development needed to be suitably integrated with the existing Council CCTV system.

 

In response to a question regarding delivery vehicles accessing the site, the Principal Planning Officer advised that vehicles would not be waiting to access the site on the carriageway as there were 2 waiting spaces for HGV's.

 

One of the Committee members noted the Principal Planning Officers advice but was still concerned that the delivery vehicles would be in the same area as buses on Newmarket Street.

 

Members continued to discuss the possibility of restricting the usage of specific units  to retail only. The Locum Lawyer advised the Committee that it would not be correct to amend an essential part of the outline permission at the reserved matters stage and that therefore he had to reiterate his opinion that a restriction of usage condition would not be lawful.

 

In response to the comments from the Locum Lawyer, Councillor MAF Hubbard, one of the local ward members, replied that in his opinion the proposed condition addressed the issue of layout which the Committee was permitted to consider at the reserved matters stage. Therefore he felt the condition was reasonable and enforceable and requested that the Committee add it to any resolution made.

 

The Assistant Director - Economic, Environment & Cultural Services advised Members that he would not add anything further to the legal advice given but that in terms of planning it would be unreasonable to add the suggested condition at this stage. He went on to add that the layout of the units was an issue that could be determined at the reserved matters stage but that allocation of the usage could not.

 

Members also discussed renewable energy and requested clarification from the Principal Planning Officer as to the standard that the developer proposed for the site. One member also requested clarification regarding the ongoing preservation of the trees proposed on the site. It was also noted that there was an existing tree forum within the County and that it may be beneficial for the applicant to consult with them in order to gain their views on the matter.

 

In response to a number of questions raised during the debate, the Principal Planning Officer advised that three banks of covered cycle storage had been proposed as part of the application; that the applicants had agreed to develop the site in accordance with the BREEAM excellent standard, and that this had been added as a condition; that night time only deliveries could affect the commercial viability of the units; that a shared space concept had been achieved for the crossings on Newmarket Street whilst also including  designated crossing for the disabled; that overall, these design features along with new active shop fronts would make Newmarket Street a more pedestrian orientated retail street; and that there was a condition regarding the management of the trees over the long term attached to the outline permission

 

Councillor MAF Hubbard and PA Andrews were given the opportunity to close the debate. Councillor Hubbard reiterated his opening remarks and made the following additional comment:

 

• Pleased that Members were voting on an approval including the proposed condition to restrict the usage of the units around the entrance into the site from the city centre

 

Councillor PA Andrews closed the debate with the following comments:

 

• The design of the Edgar Street façade needed to be revisited and it needed to be made more appealing to shoppers.

 

A motion to approve the application with an additional condition restricting the usage of the units around the entrance into the site from the city centre to retail use was lost and the resolution as set out below was agreed.

 

RESOLVED

 

That planning permission be granted subject to the following conditions and any further conditions considered necessary by officers:

 

1.         Within twelve months of the commencement of development or in accordance with a timetable to be agreed in writing with the local planning authority, details to include scaled plans of the following shall be submitted for the approval in writing of the local planning authority:

 

a)  The design, materials and finish for the gates serving the service yards on Edgar Street and Newmarket Street.

b)  The material, finish and means of enclosing the retail kiosks.

c)   Details of the planting beds for the areas of climbing plants.

d)  The material, height, finish and means of enclosing the new garden associated with the Old Market Inn.

e)  Details of any externally visible rainwater goods.

f)   Plans, materials and finish for the trolley parks.

 

Development shall be carried out in accordance with the agreed details and shall be completed prior to first occupation of any of the units hereby permitted.

 

Reason: To ensure a satisfactory design and appearance to the development and to comply with Policy DR1 of the Herefordshire Unitary Development Plan.

           

2.         The siting, design and external appearance of all plant and equipment, including renewable energy generation, and any associated supporting structures shall be submitted, approved and completed prior to the occupation of the relevant unit(s) which they service.

 

Reason: To ensure a satisfactory design and appearance to the development and to comply with Policy DR1 of the Herefordshire Unitary Development Plan.

 

3.         C06: Development in accordance with the approved plans

 

Informative:

 

1.         N09 – Approval of reserved matters

 

2.         N15 – Reasons for the grant of planning permission

 

[Councillor GR Swinford wished it to be noted that he abstained from voting in respect of this item]