Agenda item

DCSE2007/2556/F & DCSE2007/2555/C - GARDNER BUTCHER GARAGES, BROOKEND STREET, ROSS-ON-WYE, HEREFORDSHIRE, HR9 7EG (Agenda Item 15)

A)     Erection of Aldi Discount Foodstore with associated parking, landscaping and access.

B)     Demolition of existing buildings to facilitate redevelopment for Aldi Foodstore.

Minutes:

A)     Erection of Aldi Discount Foodstore with associated parking, landscaping and access.

B)     Demolition of existing buildings to facilitate redevelopment for Aldi Foodstore.

 

The Principal Planning Officer reported the following:

 

  • A further letter of correspondence from English Heritage who confirmed that their original comments still stood despite the revised plans. They also had concerns regarding the close-boarded fence on the north of the site.
  • A further letter of correspondence from the Environment Agency relating to PPS25, Sewer Diversion, Finished Floor Levels, Flood Storage, Flood Flows, Access, and Surface Water, full details of this letter were included in the update sheet which was circulated at the meeting.
  • A letter from the applicant’s agent advising the committee that the Aldi were prepared to increase their financial contribution to £40,000 for all works included in the section 106 agreement. In addition to this they were willing to pay up to £5000 for any TRO required.

 

He also reported the following comments in the update sheet:

 

  • The conservation manager has indicated that the revised drawings meet his concerns with regard to the design of the store. The applicant’s architect is reconsidering the boundary treatment and further revised drawings will be submitted.
  • The Environment Agency has withdrawn its objection subject to conditions. I consider that diversion of the sewer can be adequately covered by a condition and does not need to be included in the S106 agreement.
  • Revised drawings for the access are still awaited.

 

The Principal Planning Officer advised Members of the revised contribution offered by the applicant. He confirmed that the Transport Manager had accepted the contribution outlined in the amended draft heads of terms, detailed below.

 

HEADS OF TERMS

 

1.         A contribution of £20,000 towards upgrading of bus stops.

 

2.         A contribution of £17,500 towards upgrading footpaths to shared use and other pedestrian links.

 

3.         A contribution of £2,500 towards the adjoining public car park.

 

4.         To meet the costs of a TRO required in connection with the development up to a maximum sum of £5,000.

 

5.         To undertake to amend the access to the store once a TRO has been made and implemented in accordance with the approved drawings and an agreed timetable.

 

In accordance with the criteria for public speaking, Mr Reynolds spoke in objection to the application on behalf of the residents of Fontaine Court.

 

Councillor CM Bartrum, one of the Local Ward Members, noted that outline planning permission was initially granted in 1999, he felt that the site was currently an eyesore and felt that approving the application would improve the area. He noted the concerns raised by the residents of Fontaine Court and felt that they should be consulted in respect of landscaping and overlooking.

 

Councillor TMR McLean felt that the scheme needed to go ahead but felt disappointed that a larger supermarket chain had not shown an interest in the site. She felt that a condition limiting delivery times would help allay some of the concerns of the local residents.

 

Councillor PGH Cutter felt that the proposed supermarket would result in a number of employment opportunities for the residents of Ross-on-Wye and therefore supported the application.

 

In response to a number of points raised by members, the Development Control Manager confirmed that Landscaping conditions had been included in the recommendation, he also agreed to consult with the Local Ward Members in respect of this subject. He advised members that a condition regarding delivery hours could be included once agreed with the applicant.

 

RESOLVED

 

In respect of  DCSE2007/2556/F

 

That

 

1)            Subject to submission of acceptable revised drawings with regard to boundary treatment and access, agreement in principle to enter a Section 106 Agreement:

 

2)         The Legal Practice Manager be authorised to complete a planning obligation agreement under Section 106 of the Town and Country Planning Act 1990 to mitigate the highway impacts of the development and meet the costs of highway works:

 

3)         Upon completion of the aforementioned planning obligation that the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions:

 

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 Class A1 food retail store shall be used for the retail sale of food within Class A1 of the Town and Country Planning (Use Classes) Order, 1987 only, except where the retail sale of non-food goods forms a minor and ancillary part of the operation of any of the retail activity but shall not include the following:

 

i)  a pharmacy and sale of pharmaceutical goods

ii)  sale of newspapers and Magazines

iii) reception of goods for dry cleaning

iv)  a post office

 

                        Reason:  To protect the viability of the town centre.

 

3            B01 (Samples of external materials)

 

Reason: To ensure that the materials harmonise with the surroundings.

 

4            G01 (Details of boundary treatments)

 

Reason: In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

 

5            G04 (Landscaping scheme (general))

 

                        Reason: In order to protect the visual amenities of the area.

 

6            G05 (Implementation of landscaping scheme (general))

 

Reason:  In order to protect the visual amenities of the area.

 

7            F32 (Details of floodlighting/external lighting)

 

Reason: To safeguard local amenities.

 

8            W01 (Foul/surface water drainage)

 

Reason: To protect the integrity of the public sewerage system.

 

9            W02 (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.

 

10             W03 (No drainage run-off to public system)

 

Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

 

11            D01 (Site investigation - archaeology)

 

Reason: To ensure the archaeological interest of the site is recorded.

 

12            H31 (Outline Travel Plan)

 

                        Reason and Informative Notes as above.

 

13            H27 (Parking for site operatives)

 

Reason: To prevent indiscriminate parking in the interests of highway safety.

 

14        Finished floor levels shall be set no lower than 33.19m AOD and flood proofing techniques shall be incorporated into the design of the building no lower than 33.79 AOD, in accordance with section 7.1.1 of the FRA dated 18.7.07, unless otherwise agreed in writing by the LPA

 

Reason: To protect the building from flood risk for the lifetime of the development

 

15        Prior to the occupation of the store, an Evacuation Management Plan shall be submitted to and approved in writing by the LPA in consultation with the LA Emergency Planning Officer and Emergency Services. The Plan shall include full details of proposed awareness training and procedure for evacuation (including vehicles), training of staff, and method and procedures for timed evacuation. It shall also include a commitment to retain and update the Plan and include a timescale for revision of the Plan.

 

            Reason: To minimise the flood related danger to people and property.

 

16        Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings including the goods yard area, shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

 

            Reason: To prevent pollution of the water environment.

 

17        No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system including the use of permeable paving on car parking areas (Sustainable Urban Drainage Systems) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details, unless otherwise agreed in writing by the LPA, in consultation with the Environment Agency.

 

            Reason: To prevent the increased risk of flooding and provide water quality benefits by ensuring the provision of a satisfactory means of surface water disposal.

 

18        Prior to the commencement of the development details of the proposed foul and surface water drainage arrangements including diversion of the existing sewer shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented before the first use of the building[s] hereby permitted.

 

            Reason: In order to ensure that satisfactory drainage arrangements are provided.

 

 

INFORMATIVES:

 

1             W02 - Welsh Water rights of access

 

2            HN01 - Mud on highway

 

3            HN04 - Private apparatus within highway

 

4            HN05 - Works within the highway

 

5            HN07 - Section 278 Agreement

 

6            HN10 - No drainage to discharge to highway

 

7            HN21 - Extraordinary maintenance

 

8            HN22 - Works adjoining highway

 

9            HN25 - Travel plans

 

10            N19 - Avoidance of doubt

 

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

Supporting documents: