Agenda item

123317/O Land at Southern Avenue, Leominster, Herefordshire, HR6 0QF

Class A 1 food store, petrol filling station and associated parking and servicing facilities, resizing and refurbishment of two Class B units and associated highway works.

Decision:

The application was refused in accordance with the Case Officer’s recommendation.

Minutes:

The Principal Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

In accordance with the criteria for public speaking, Mr P Ellis, spoke on behalf of Leominster Town Council expressing opposition to the Scheme.  Mr D Mifflin spoke on behalf of the Friends of Leominster Action Group in objection to the application.  Mr A Brodie, the applicant’s agent spoke in support of the application.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillors RC Hunt and PJ McCaull, the local ward members, spoke on the application.

Councillor PJ McCaull commented on a number of issues including:

·         There was already retail development on the Southern Avenue site.

·         There was good pedestrian access from the site to the Town Centre and public transport.

·         There was good vehicular access to the site from the A49.

·         The impact on small traders in the town centre was being overstated.  

·         A new Supermarket would offer improved choice and value for money.  There was public support.

·         A supermarket would create employment opportunities.

Councillor RC Hunt commented on a number of issues including:

 

·         The existing supermarkets were very busy and increasing the amount of competition between businesses, including for petrol, was important.

·         Access to the site was very good.

·         There were only two available sites and the alternative site before the Committee for consideration was impractical.

The Chairman emphasised that the two applications for supermarkets in Leominster on the agenda would be considered in turn as separate applications on their own merits.

 

The debate opened and the following principal points were made:

 

A question was asked about the location of housing development in Leominster proposed in the core strategy.  In response officers stated that the Core Strategy did identify significant housing provision to the South of Leominster.  However, the Core Strategy carried no weight at the present time and could not form part of the Committee’s consideration.

 

It was noted that a proposed Section 106 agreement was appended to the report.

 

In support

·         There was demand for a large food store to meet residents’ needs.  Smaller sites were not always viable options.

·         Access to the development was good.

·         The development would bring in trade from the fringes of Hereford.

·         People would remain loyal to existing traders in the Town.

·         The store would be important for Leominster’s future development.

·         The withdrawal of the Environment Agency’s objections was a positive step.

 

In Opposition

·         The development had the potential to generate other retail development on the site which would in time lead to it becoming an alternative to the Town Centre as a shopping destination. 

·         The development was out of the Town Centre, was unsustainable and would increase reliance on private car use.  It was unlikely that those visiting the store would necessarily make a connected trip to the Town Centre.

·         Whilst there may not be alternative sites for a large development of the type proposed, there were more suitable sites for retail development in the Town Centre.

·         The site was identified as employment land and should be retained to provide employment opportunities. 

·         The development would put the Town Centre at risk.  The Town Centres Study report by Deloitte had assessed the Centre as healthy but vulnerable.

·         It was important to preserve the County’s Market Towns.

·         The proposal was contrary to policy S7 in that it would jeopardise the character of Leominster, potentially putting the Town Centre’s listed buildings occupied by traders at risk.

·         A Member said that they were not aware of massive support for the Scheme but were aware of real concerns about it. 

·         The Parish Plan sought for any new retail development to have the support of the whole community.

·         The application was contrary to both the National Planning Policy Framework and local planning policies.

·         The Town Centre businesses offered consumers a wider choice than the homogenised offerings of supermarkets.  Two modestly sized supermarkets along with smaller local shops already served the town.  Town centre use should be encouraged

·         In recommending refusal it was requested that the resolution specifically identified the paragraphs in the National Planning Policy Framework on which the grounds for refusal were based.  It was noted that these were stated in the report to the Committee in September which was appended to the report before the Committee.

The local ward members were given the opportunity to close the debate.

 

Councillor PJ McCaull reiterated his support for the application.

 

Councillor RC Hunt had no additional comments.

 

RESOLVED:

 

That planning permission be refused for the following reasons:

 

 

1

 

The Local Planning Authority does not consider the submitted sequential assessment to be robust and as such is considered to be contrary to paragraph 24 of the National Planning Policy Framework and policies S5, TCR1, TCR2 and TCR9 of the Herefordshire Unitary Development Plan 2007.

 

2

 

The applicant has failed to demonstrate that the proposal would not have a significant adverse impact upon the viability and vitality of Leominster Town Centre contrary to paragraph 26 of the National Planning Policy Framework and Policies S5, TCR1, TCR2 and TCR9 of the Herefordshire Unitary Development Plan 2007.

 

3

 

Given reason for refusal 2 above, the Local Planning Authority consider that the proposed development would be likely to adversely affect the character of the Leominster Conservation Area contrary to paragraphs 128 to 133 of the National Planning Policy Framework and policy S7 of the Herefordshire Unitary Development Plan 2007.

 

4

 

The proposal would result in the loss of good quality employment land. The applicant has not demonstrated that there is a surplus of such land or that removal of the existing use from the site would give rise to substantial benefits to residential or other amenity issues. Furthermore, the proposal is not a minor or incidental activity associated with another use that is compliant with policy.  The proposal is therefore contrary to paragraphs 7 and 8 of the National Planning Policy Framework and policies S4 and E5 of the Herefordshire Unitary Development Plan 2007.

 

5

 

The proposal is considered to be in an unsustainable location that would increase reliance upon the private motor vehicle, contrary to paragraph 29 of the National Planning Policy Framework and policies S1, S5, S6, DR2 and DR3 of the Herefordshire Unitary Development Plan 2007.

 

 

INFORMATIVES

 

1.

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations and identifying matters of concern with the proposal and discussing those with the applicant.  However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reason(s) for the refusal, approval has not been possible.

 

 

(The meeting adjourned between 11.15 and 11.25 am.)

Supporting documents: