Proposed extension to existing factory building and erection of a limited assortment discount foodstore (class a1), car parking, landscaping and associated works.

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

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.

He noted that there were two aspects to the application.  The extension to the existing factory was a straightforward matter and the main issue to be considered was the proposed Aldi retail store.

In response to points raised at the site visit, he provided additional information on the distance from the rear of the store to the rear gardens of houses in Bronte Drive, the management of deliveries to the store, details of the fencing heights and bus stops in the vicinity.

In accordance with the criteria for public speaking, Mr C Cox of Pegasus Planning Group spoke in opposition to the scheme.  At the Chairman’s discretion an additional objector, Mrs J Simpson, a local resident, also spoke.  Mr R Jones, the applicant’s agent, spoke in support.

In accordance with the Council’s Constitution, the local ward member, Councillor A Warmington, spoke on the application.

He made the following principal comments:

·        He outlined the history of previous applications for a larger supermarket on the site and on another site close by.  Both these applications had generated considerable interest within the Town with large groups of supporters and objectors having been formed.  The current application was much less controversial.  The application was for a smaller supermarket, and was less transformational.

·        He referred to paragraphs 26 and 27 of the National Planning Policy Framework noting that paragraph 27 stated that where a development would have a significant adverse impact on the Town Centre then it should be refused.  The proposed supermarket was considerably smaller than previous proposals and had fewer types of goods.  It would not be a destination store and would not contain a baker, butcher, or fishmonger.  However, it would still be an out of town store that would draw business from the High Street.  The question was whether that impact would be significantly adverse.

·        He referred to and compared the findings of the retail impact assessments that had been produced.  He observed that Aldi’s assessment was that the proposal would have a 5.9% impact on the Town centre.  The independent advice to the Council was that there would be an 8.8% impact.

·        New housing was proposed in the Ledbury area.  However, the forecasts indicated that this would reduce the impact on the town centre by only a small amount.  He therefore did not consider this to be a key factor.

·        He agreed with the findings of the sequential test that there was no viable alternative site.

·        He did not consider that there would be many trips by foot from the development to the Town Centre.

·        The financial contribution from the developer was modest in the context of the income the proposed store would generate and was not a significant consideration.

·        In terms of public opinion the proposal had not generated the public controversy that previous applications for stores in the locality had done.  The Town Council supported the application. No high street traders had made representations. As a whole he believed the Town supported the proposal.

·        On balance he considered that the application would meet a need without having a significant adverse impact on the town centre.  The proposal was not perfect.  However, it had his support.

Councillor EPJ Harvey also spoke on the application as adjoining ward member.  She made the following principal comments:

·        The site had been designated for employment for more than 20 years. It was in the middle of a trading estate. It was not sustainable for safeguarded employment land in the market towns to be released for other uses.

·        She questioned the evidence presented in the retail impact assessment produced by the applicant’s consultants, observing that it did not include reference to the 3 independent butchers in the town. 

·        The officer report stated that the Ledbury area’s convenience spend – which included the core strategy’s housing growth projections for the area, was predicted, using the council’s own Core Strategy evidence base to increase to 2021 by less than £2m per annum.   The report added that this was now considered to be an overestimation.

·        The applicant’s report predicted that the total turnover of convenience stores in the Ledbury area would rise from £31.9m in 2016 to £33.7m in 2021. This more than accounted for all of the council’s adjusted projections for growth in convenience spending over the period.

·        The projected turnover of the convenience lines in the Aldi store was projected to start at £8.66m in 2016 and increase, to only £8.84m in 2021 – less than £200k total growth, less than 0.5% per annum.  She suggested that this was a significant understatement.

·        The indication was that the retail spend at Aldi of almost £9m from the start of trading would be likely to come from the existing supermarkets and independent convenience stores in Ledbury’s town centre.

·        £9million represented nearly a third of these businesses’ existing convenience turnover – not the 5% spoken of in the applicant’s report.

·        The council’s own retail impact assessment was that the applicant’s report underestimated the impact on small businesses.

·        The Cooperative and Tesco both objected to the proposals.

·        It seemed likely that the impact of this development would be much more than ‘significant’ to traders specialising in convenience goods than the officer report indicated.

·        The impact of Aldi’s short-term in-store offers on comparison goods would also have a bigger impact than predicted.

·        In summary the proposal would have a considerable effect on the convenience shopping and to a lesser extent the comparison shopping in Ledbury’s town centre.

·        The proposed mitigation was a redesign of the town’s largest long-stay visitor car park.  She considered that this would deliver benefits to visitors, enhance the attractiveness of the town centre and increase people’s access to the high street.

·        In conclusion she stated that she considered the impact of the development upon the retail core of the town had been significantly understated by both the applicant’s and the council’s retail impact assessments and offered significant threats to the independent convenience retailers which were the anchor traders in the high street.

In the Committee’s discussion of the application the following principal points were made:

·        The sequential test confirmed that there was no suitable alternative site.  The principal question was whether the proposal would have a significant adverse impact on the Town Centre. It was acknowledged that this was a difficult decision.

·        Some Members considered that the impact would be significantly adverse.  Small shops worked with and supported each other.  The Conservation Manager (historic buildings) had stated that a reduced maintenance of listed buildings in the town centre as a consequence of reduced footfall in shops would put designated heritage assets at risk.  The likelihood of linked shopping trips was minimal.

·        Other Members did not agree that the impact would be significant.  It was suggested that the proposed store would provide a distinctive offer of goods at a low price that would meet a demand in the area.

·        There would be an impact on the town centre even if it was not significantly adverse.  It was important to secure the mitigation offered through the S106 agreement.

·        The loss of employment land was a concern.  It should be borne in mind that the Council’s efforts in promoting employment land were limited.

·        The proposal would generate several jobs.

·        Reference was made to the limited number of objections to the proposal.  In response it was questioned whether the controversy generated by previous proposals had made people reluctant to oppose the latest application.

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

Councillor Warmington commented that the smaller store being proposed had been far less controversial than previous proposals.  If there had been strong opposition those who had mounted previous campaigns retained the capacity to do so again.  The absence of a campaign suggested there wasn’t a strong feeling against the proposal.  A reasonable degree of support for it had been expressed.

He considered the impact on the Town centre would be larger than had been modelled by Aldi.  As to whether this impact would be significant he considered that there was a need for additional retail space in Ledbury and this could not be provided from within the Town Centre.  The site was suitable and the best option in the circumstances.

Councillor Harvey commented that in strategic terms the site had always been identified as employment land which Ledbury needed to support economic growth.  She reiterated her view that the retail impact assessments were flawed and that the proposal would have a significantly greater adverse impact on the town centre than had been suggested.

RESOLVED:  That subject to the completion of a Section 106 Town & Country Planning Act 1990 agreement in accordance with the draft Heads of Terms attached as Annex 1 to the report, officers named in the Scheme of Delegation to Officers are authorised to grant full planning permission, subject to the conditions below and any other conditions considered appropriate:-

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission;

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

2.         The development hereby permitted shall not commence until drainage plans for the disposal of foul and surface water flows have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use;

            Reason:  To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution, in accordance with policies SS6, SD3 and SD4 of the Herefordshire Local Plan Core strategy 2011-2031;

3.         No development shall take place until the following has been submitted to and approved in writing by the Local Planning Authority:-

a)         a ‘desk study’ report including previous site and adjacent uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice;

b)         If the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation shall be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors;

c)         If the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants or gases when the site is developed shall be submitted in writing. The remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the Local Planning Authority for written approval;

                        Reason:  In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment, in accordance with policies SS6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031;

4.         The remediation scheme, as approved pursuant to condition 3) above, shall be fully implemented before the development is first occupied. On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

            Reason:  In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters and to the wider environment, in accordance with policies SS6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031;

5.         If during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the method Statement detailing how this unsuspected contamination shall be dealt with;

            Reason:  In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment;

6.         Prior to commencement of the development hereby permitted full drainage details shall be submitted to the Local Planning Authority for their written approval. These details shall include:-

•           Evidence and further demonstration of mitigation measures proposed for the Galebreakers extension in order to protect against potential flooding from the river Leadon tributary;

•           Calculations to support the Drainage strategy to demonstrate that there will be no increased risk of flooding as a result of development between the 1 in 1 year event and up to the 1 in 100 event and allowing for the potential effects of climate change. This should include recalculation of greenfield run-off rates in utilising a more appropriate method;

•           Evidence that the applicant/developer is providing sufficient storage and appropriate flow controls to manage additional runoff volume from the development, demonstrated for the 1 in 100 year event (6 hour storm) with an appropriate increase in rainfall intensity to allow for the effects of future climate change;

•           Evidence that the applicant/developer has sought and agreed to discharge surface waters and allowable discharge rates for the disposal of surface water run-off from the site with the relevant authorities;

•           If required, details of any proposed outfall structures;

•           Provision of a Foul Water Drainage Strategy with supporting calculations and drawings;

                        No development shall commence until the written approval of the Local Planning Authority has been obtained. The development shall be carried out in full accordance with the approved detail and thereafter maintained to the satisfaction of the Local Planning Authority;

            Reason:  To ensure satisfactory drainage arrangements, in accordance with policies SS6, SD3 and SD4 of the Herefordshire Local Plan Core strategy 2011-2031;

7.         Prior to commencement of the development hereby permitted a scheme of landscaping using indigenous species shall be submitted to the Local Planning Authority for their written approval. The scheme must include enhancement of the landscape buffer to the rear of the site including under-storey planting. The landscaping scheme must detail the trees to be retained, the location of all new planting, their species, size and density of planting. The development must not commence until the landscaping scheme has been approved in writing by the Local Planning Authority;

            Reason: To ensure that the development is satisfactorily integrated into the environment and to assist in softening the impact from dwellinghouses in Bronte Drive, in accordance with policy LD1 of the Herefordshire Local Plan Core Strategy 2011-2031;

8.         All planting, seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following completion of the development or the first use of either part of the development hereby permitted (whichever is the sooner). Any trees or plants which within a period of ten years of their planting die are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation;

            Reason: To ensure that the development is satisfactorily integrated into the environment and to assist in softening the impact from dwellinghouses in Bronte Drive, in accordance with policy LD1 of the Herefordshire Local Plan Core Strategy 2011-2031;

9.         The recommendations for mitigation measures and ecological enhancements together with the reptile mitigation strategy  set out in Sections 6 and 7 of the Ecological Appraisal prepared by ‘aspect ecology’ dated February 2016  shall be followed and implemented  unless otherwise agreed in writing by the Local Planning Authority and the scheme shall be carried out as approved. On completion of the mitigation and enhancement measures, confirmation shall be made to the Local Planning Authority in writing together with photographic evidence of the measures implemented;

            Reasons:-

a)         To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 and Policies SS6 and LD2 of the Herefordshire Local Plan Corte Strategy 2011-2031;

b)         To comply with Policies SS6 and LD2 of the Herefordshire Local Plan Corte Strategy 2011-2031;  in relation to Nature Conservation and Biodiversity and to meet the requirements of the National Planning Policy Framework and the NERC Act 2006.

 

10.       An appropriately qualified and experienced ecological clerk of works shall be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work;

            Reasons:-

a)         To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 and Policies SS6 and LD2 of the Herefordshire Local Plan Corte Strategy 2011-2031;

b)         To comply with Policies SS6 and LD2 of the Herefordshire Local Plan Corte Strategy 2011-2031;  in relation to Nature Conservation and Biodiversity and to meet the requirements of the National Planning Policy Framework and the NERC Act 2006.

11.       No more than 245 square metres sales area floorspace of the retail store hereby permitted shall be used for comparison goods retailing;

            Reason:  To safeguard the vitality and viability of Ledbury Town Centre in accordance with policy E5 of the Herefordshire Local Plan Core Strategy 2011-2031;

12.       Prior to commencement of the development full details of all external lighting shall be submitted to the Local Planning Authority for their written approval. That detail shall include:-

•           The height, design and colour finish of any supporting columns;

•           The siting/location of all lighting;

•           The luminaire/lamps type including full technical specification (e.g. colour temperature in degrees kelvin);

•           The mounting height of all luminaires/lamps;

•           The direction angle of all luminaires/lamps; and

•           The tilt angle of all luminaire/lamps;

            The development shall not commence until the Local Planning Authority has given such written approval. The development shall be carried out in strict accordance with the approved details and thereafter maintained as such. No other lighting shall be installed upon the site (including attached to any building without the express consent of the Local Planning Authority);

            Reason: To ensure that there is not undue light pollution, to safeguard the occupiers of dwellinghouses in Bronte Drive and in the interests of bio-diversity/ecology, in accordance with polices SS6, SD1 and LD2 of the Herefordshire Local Plan Core Strategy 2011-2031;

13.       No part of the retail store building hereby permitted shall exceed a height of 57.585 above ordnance datum (AOD);

            Reason:- To safeguard the amenities of the occupiers of dwellinghouses in Bronte Drive, in accordance with policies SS6 and SD1 of the Herefordshire Local plan Core Strategy 2011-2031;

14.       No deliveries shall be taken at or despatched from the retail store upon the site outside the hours of 7am to 10pm on any day;

            Reason:  To ensure that the occupiers of dwellinghouses in Bronte Drive do not suffer undue night-time noise in accordance with accordance with polices SS6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031;

15.       Prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:-

•      Full details of the external materials and finishes (including colour) to the retaining walls structures upon the site of the retail store hereby permitted;

            The development shall not commence until the Local Planning Authority has given such written approval. The development shall be carried out in full accordance with the approved detail and thereafter maintained as such;

            Reason:  To ensure a satisfactory appearance to the development, in accordance with policies SS6 and LD1 of the Herefordshire Local Plan Core Strategy 2011-2031;

16.       The retail store hereby permitted shall not be first used until the entirety of the footpath, cycle path links and cycle parking facilities shown upon the approved drawings have been fully implemented. Thereafter these links shall be maintained free of obstruction;

            Reason:  To facilitate accessibility to the retail store by modes of transport other than the private motor vehicle, in accordance with policies SS4 and MT1 of the Herefordshire Local Plan Core Strategy 2011-2031;

17.       The development hereby permitted shall be carried out in strict accordance with the following approved plans and documents, except were otherwise stipulated by conditions attached to this permission:-

•           Drainage Layout – Drawing number 9944-0070 REV. A (Scale 1:250) received 6.7.2016;

•           Drainage Layout – Drawing number 9944-0050 REV. D (Scale 1:200) received 6.7.2016;

•           Retaining Wall Cross-Section for Cycle Path – Drawing number 140217 P(1)13 REV.A (Scales 1:50 & 1:100) received 26.5.2016;

•           Proposed Site Plan – Drawing number 140217 P(1)10 Rev. F (Scale 1:200) received 26.5.2016;

•           Proposed Site Plan – Drawing number 140217 P(1)03 Rev.G (Scale 1:500) received 26.5.2016;

•           Proposed Cycle Route – Drawing number 140217 P(1)14 (Scale 1:200) received 26.5.2016;

•           Proposed Site Sections – Drawing number 140217 P(1)09 Rev. A (Scale 1:200);

•           Proposed Store Elevations – Drawing number 140217 P(0)06 (Scale 1:100);

•           Proposed Roof Plan – Drawing number 140217 P(1)05 (Scale 1:100);

•           Proposed Floor Plan – Drawing number 140217 P(1)04 (Scale 1:100);

•           Site Location Plan – Drawing number 140217 P(1)01 Rev. B (scale 1:1250);

•           Proposed Elevations (Galebreakers) – Drawing number A1150-B (Scales 1:200 & 1:250);

•           Proposed Roof Plan (Galebrakers) – Drawing number A1012-A (Scale 1:200);

•           Proposed First Floor Plan (Galebreakers) – Drawing number A1011-A (Scale 1:200);

•           Proposed Ground Floor Plan (Galebreakers) – Drawing number A1010-C (Scale 1:200);

•           Proposed Site Plan (Galebreakers) – Drawing number A0950-D (Scale 1:500);

•           Proposed Context Elevations – Drawing number 140217 P(1)07 (Scale 1:200);

•           ‘Noise Assessment’ prepared by entran environmental & transportation dated 22.06.2016; and

•           ‘Ecological Appraisal’ prepared by aspect ecology dated February 2016.

and thereafter maintained as such to the satisfaction of the Local Planning Authority;

Reason:  To avoid any doubt as to the scope of this permission;

18.       The access vehicle parking and turning/manoeuvring areas shown upon the approved plans relating to the retail shop shown upon the approved plans shall be fully implemented in accordance with the approved plans prior to the first use of the retail shop hereby permitted. Thereafter these areas shall be kept permanently available for the parking and manoeuvring of motor vehicles in accordance with the approved detail and be maintained free from obstruction;

            Reason:  To ensure satisfactory off-road parking provision, in the interests of highway safety and to accord with policies SS4 and MT1 of the Herefordshire Local Plan Core Strategy 2011-2031;

 

19.       The access parking and turning/manoeuvring areas shown upon the approved plans relating to the extension to the existing light industrial unit shown upon the approved plans shall be fully implemented in accordance with the approved plans prior to the first use of the extension hereby permitted. Thereafter these areas shall be kept permanently available for the parking and manoeuvring of motor vehicles in accordance with the approved detail and be maintained free from obstruction;

            Reason:  To ensure satisfactory off-road parking provision, in the interests of highway safety and to accord with policies SS4 and MT1 of the Herefordshire Local Plan Core Strategy 2011-2031;

20.       The retail shop (Use Class A1) hereby permitted shall not be open to customers outside the following times:-

•           08:00 – 22:00 hours on Mondays to Saturdays (inclusive and excluding Bank and Public Holidays)

•           10:00 – 16:00 hours on Sundays, Bank and Public Holidays

            without the express consent of the Local Planning Authority;

            Reason:  To ensure that the occupiers of dwellinghouses in Bronte Drive enjoy a satisfactory level of amenity, in accordance with accordance with policies SS6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031;

21.       The retail store hereby permitted shall not be first used until the removable bollards on the vehicular entrance to the retail store site have been fully implemented. Thereafter the bollards shall be maintained;

            Reason: To ensure that the occupiers of dwellinghouses in Bronte Drive enjoy a satisfactory level of amenity, in accordance with accordance with policies SS6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031;

22.       Prior to commencement of the extension to the light industrial premises hereby permitted the following detail shall be submitted to the Local Planning Authority for their written approval:-

•           Precise written details as to the colour of all external materials/cladding

            No development shall commence until the written approval of the Local Planning Authority has been obtained. The development shall be carried out in full accordance with the approved detail and thereafter maintained to the satisfaction of the Local Planning Authority;

            Reason:  To ensure a satisfactory appearance to the development, in accordance with policies SS6, SD1 and LD1 of the Herefordshire Local Plan Core Strategy 2011 – 2031;

23.       Prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:-

 

•           Full details of the design and external appearance of the 3 metre high noise barrier referred to in the ‘Noise Assessment’ prepared by entran environmental & transportation dated 22.06.2016

            The development shall not commence until the Local Planning Authority has given such written approval. The retail store shall not be first used until the noise barrier has been fully implemented. Thereafter that noise barrier shall remain in-situ and be maintained to the satisfaction of the Local Planning Authority;

            Reason:  To ensure that the occupiers of dwellinghouses in Bronte Drive do not suffer an undue level of noise, in accordance with policies SS6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031;

INFORMATIVES

1)         Statement of Positive & Proactive Working - 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. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

2)         Severn Trent Water advise that there may be a public sewer located within the application site and encourage the applicant to investigate this. Please note that public sewers have statutory protection and may not be built close to, directly over or be diverted without consent. If there are sewers which will come into close proximity of the works, the applicant / developer is advised to contact Severn Trent Water.

3)         Please note, when submitting a Building Regulations application, the building control officer is required to check the sewer maps supplied by Severn Trent and advise them of any proposals located over or within 3 metres of a public sewer. In many cases under the provisions of the Building Regulations 2000 Part H4 Severn Trent can direct the building control officer to refuse building regulations approval.

4)         The proposed development is in the vicinity of distribution water mains. Dwr Cymru / Welsh Water as Statutory Undertaker has statutory powers to access their apparatus at all times. The applicant’s attention is drawn to Welsh Water’s Conditions for Development near Water main(s). It may be possible for this water main to be diverted under section 185 of the Water industry Act 1991, the cost of which would be re-charged to the developer.

5)         The LPA advise that the contaminated land assessment is required to be undertaken in accordance with good practice and needs to be carried out by a suitably competent person as defined within the National Planning policy Framework 2012.

6)         The LPA require all investigations of potentially contaminated sites to undertake asbestos sampling and analysis as a matter of routine and this shall be included in any submission.