Variation of Condition 5 of Planning Permission HC930262PF to allow temporary occupation by Next Retail Ltd.

The application was approved in accordance with the case officer’s recommendation.

The Assistant Director Economic, Environment & Cultural Services gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

In accordance with the criteria for public speaking, Mr Ardron, representing the applicants, spoke in support of the application.

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

·         The three local ward members were in agreement that the application should be refused in accordance with the Unitary Development Plan.

·         The condition restricting out of town developments was clear and should be upheld.

·         The developer should focus on the city centre as there were a number of suitable empty stores which would have been fit for purpose.

·         Approving the application would have an adverse impact on the vitality and viability of the city centre.

·         Approving the application could set a precedent with other city centre businesses applying to relocate.

In accordance with paragraph 5.13.7 of the constitution, the Leader of the Council, Councillor JG Jarvis, addressed the Committee in support of the application. At the conclusion of his statement he left the meeting for the duration of the debate and the vote.

Two Members of the Committee raised concerns in respect of the attendance of the Leader of the Council at the meeting due to his role as a board member of Hereford Futures.

Members discussed the application and noted that although there was a duty to protect and defend planning policy and conditions there was also a need to take a pragmatic approach when required. It was noted that the Section 106 agreement was signed by all parties and clearly required the applicant to relocate to their new premises on the cattle market site at the earliest possibility. Members also noted that 39 jobs could be lost if the application was not granted, this issue was debated at length with Members of the view that jobs in the County needed to be protected. It was further noted that a number of the jobs were part time but again Members were of the opinion that part time jobs formed a valuable and much needed part of the economy and deserved the same protection as full time positions.

There was some concern expressed as to the analysis of alternative sites undertaken by the applicant. Some members were of the opinion that there were more suitable alternative sites within the city centre that could be utilised if the application was refused.

The issue of precedent was also discussed at length. Some members were extremely concerned that by granting the applicant permission to relocate the floodgates could be opened for a number of city centre retailers to make similar applications. The Assistant Director Economic, Environment & Cultural Services advised the Committee that the current application was fairly unique in that there was a demonstrable need to leave their current premises prior to relocating to their new premises on the cattle market development.

One Member of the Committee noted that the proposed conditions required the applicant to relocate to the new store within 6 months. She requested that if permission was granted that this be amended to a period of 2 months. In response to this point the Assistant Director Economic, Environment & Cultural Services advised that a shorter period could cause issues especially with the forthcoming Christmas period and the works required at the new store.

In response to questions raised during the debate the Assistant Director Economic, Environment & Cultural Services advised that; if there was a delay in the construction of the cattle market development the applicant could make a new application for a further temporary planning permission; that the application was a personal permission and that no part of the new store could be sublet to a third party; that land transaction and commercial contracts were not material planning considerations; that key considerations were keeping Next within the city as well as safeguarding jobs; that granting the planning permission would not set a precedent as each application had to be considered on its merits; that although the relocation of Next could have an adverse impact on expenditure within the city centre that expenditure would remain within the County; and that the comments of Hereford Futures in objection to the application had been made at a very early stage and had been made prior to the Section 106 agreement being agreed with all parties.

Councillor Andrews was given the opportunity to close the debate. She reiterated her opening remarks and requested that the application be refused.

RESOLVED

Subject to the satisfactory completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 in accordance with the Heads of Terms appended to this report, planning permission be granted subject to the following conditions.       

1.         A01 Time limit for commencement (six calendar months)

Reason: As required to be imposed by Section 91 of the Town and Country Planning Act 1990 and to reflect the particular circumstances of the application. 

2.         This permission shall expire on 29 August 2014

Reason: To reflect the particular circumstances of the application and to safeguard the vitality and viability of Hereford City Centre in accordance with Policies TCR1 and TCR2 of the Herefordshire Unitary Development Plan.

3.         The planning permission shall enure for the benefit of the applicant, Next Group plc only and shall not enure for the benefit of the land.  The use shall also enure only so long as the applicant, Next Retail Limited, occupies the premises, or up to and including the date indicated in Condition 2 of this permission, whichever is the sooner.  At the point at which Next Retail Limited vacate the premises the sale of goods from Unit 3 will be as dictated by Condition 5 of planning permission HC/930262/PFE.

Reason: The nature of the development is such that it is only considered acceptable in this location having regard to the applicant’s special circumstances in order to protect Hereford’s Central Shopping and Commercial Areas in accordance with Policies TCR1 and TCR2 of the Herefordshire Unitary Development Plan.

Reasons for Approval

1.         The planning permission reflects the very special circumstances faced by the applicant, Next Retail Limited.  The company is unable to continue to trade from its current premises in the Maylord Centre up to the point at which it will be able to move into the Old Livestock Market development.

2.         The company has carried out a search of other potential temporary premises.  None of these are acceptable for a variety of size and refurbishment costs that would be disproportionate to the proposed period of occupancy.

3.         The associated planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 will provide the appropriate control to ensure that Next vacate the application premises at the sooner or either the expiry of the temporary planning permission or its occupancy of Units 11 and 12 of the Old Livestock Market development.

4.         Subject to the tight controls set out in the proposed conditions and the Section 106 Agreement the Councils considers that the circumstances of the application and the material planning considerations involved as sufficient to outweigh the normal application of national and local retail planning policies.