Agenda item

Public Participation:

 

Brigadier Andrew Durkin spoke in objection to the proposal

Mr Michael Beese spoke in support of the application

Cllr Roger Fisher, of Amesbury Town Council spoke in objection to the application

 

The Planning Officer presented the report and explained that the application was a Section 73 application, to vary the conditions of an existing (granted) application, namely the store’s delivery hours, and the store’s appearance.

 

There was a recess at 21.23 to enable the chairman to receive legal guidance.

 

The meeting resumed at 21.41.

 

Following a debate during which concerns were raised regarding the hours of operation it was

 

Resolved:

 

In relation to the external appearance of the building, it is considered that the changes made by the applicant represent an upgrade of the store design in terms of sustainable measures which will enhance the environment, and would comply with sustainability policies (G1) as contained within the saved policies of the former Salisbury District Council Local Plan. It is not considered that the amendments proposed would have a significant effect on the amenity (in visual terms) of surrounding properties. The council considers that the removal of condition 20 (of planning permission reference S/2008/0572) to allow 24 hour deliveries to the store, as imposed by the secretary of state, would have an adverse effect in terms of noise and disturbance on the amenities of adjacent residential properties in Annetts Close contrary to policy G2(vi) of the Salisbury District Council local plan saved policies.

 

 

Therefore for the reasons above planning permission be granted subject to:

 

Completion of a legal agreement under Section 106 of the TCPA 1990 linking the planning permission hereby granted to the S106 legal agreement dated 30^th March 2009, which relates to the development of the site under the previous planning permission reference S/2008/0572, so that the previous S106 agreement dated 30^th March 2009 applies to the development pursuant to this permission

 

 

And subject to the following conditions:

 

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

 

Reason - to comply with the provisions of section 91 and  92 of the Town and Country Planning Act 1990 and to reflect the size and nature of the development

 

 2         Before development is commenced  a schedule of materials and finishes and where so required by the Local Planning Authority  samples of such materials and finishes  to be used for the external walls and roofs of the proposed development shall be submitted to and approved in writing by the Local Planning Authority  Development shall be carried out in accordance with the approved details

 

Reason - To secure a harmonious form of development

 

3          The development shall be carried out in accordance with the submitted land contamination details as approved by letter dated 8th June 2010

 

Reason - In order to ensure any contamination at the site is adequately

remediated.

 

4          The development shall be carried out in acordance with the submitted hard and soft landscaping plans as approved by letter dated 8/6/2010.

 

Reason - to enable the Local Planning Authority to secure a satisfactory

standard of design and implementation of landscaping of the development in the interests of visual amenity

 

 5         All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority

 

Reason -  to enable the Local Planning authority to secure a satisfactory

standard of design and implementation of landscaping of the development in the interests of visual amenity

 

6          The development shall be carried out in accordance  with the schedule of landscape maintenance as approved by letter dated 8/6/2010.

 

Reason - To enable the Local Planning Authority to secure a satisfactory standard of design and implementation of landscaping of the development in the interests of visual amenity

 

7          No development shall commence until a comprehensive programme for the undertaking of the off site highway works  shall have been submitted to and approved in writing by the Local Planning Authority  For the avoidance of doubt, the off site works shall include the widening of the footway along the eastern side of Holders Road as shown on drawing 208302 107. All necessary off site highway works shall be provided and undertaken strictly in accordance with the approved programme.

 

Reason - In the interest of ensuring that the required infrastructure is provided at the appropriate times

 

8          The development shall be carried out in accordance with the submitted green travel plan the details of which were approved by letter dated 8/6/2010. The approved Travel Plan shall be put in place prior to the first occupation of the building

 

Reason - To minimise the impact of the proposed development on the Strategic Road Network and to ensure that sustainable travel objectives for the site are met

 

9          No development of the store shall take place until a detailed scheme for site accesses  both vehicular and pedestrian cyclists  has been submitted to and approved in writing by the Local Planning Authority  The building shall not be brought into use until the site accesses have been constructed in accordance with the approved details.

 

Reason - In the interests of highway safety and amenity

 

10        The development shall be carried out in accordance with the comprehensive construction phase programme as submitted and approved by letter dated 8/6/2010.

 

Reason -  In the interests of highway safety and to mitigate any adverse

environmental impact to neighbouring communities

 

11        The development shall be carried out in accordance with the details approved of the construction Environmental Management plan as approved by letter dated 8/6/2010

 

Reason - In the interests of the amenities of the residential occupiers in the locality

 

12        No construction work shall take place on Sundays or Public Holidays or outside the hours of 07 00 to 19 00 hours Monday-Friday and 07 00 to 13 00 hours on Saturdays  This condition shall not apply to the internal fitting out of the buildings

 

Reason - In the interests of the amenities of the residential occupiers in the locality

 

13        The Acoustic fencing and hoardings shall be erected in accordance with the details submitted and approved by letter dated 8/6/2010. No development shall take place without the acoustic barriers being in place.

 

Reason - In the interests of the amenities of the residential occupiers in the locality

 

14        Development shall take place in accordance with the scheme for the control of airbourne dust emissions as appoved by letter dated 8/6/2010.

 

Reason - In the interests of the amenity of neighbouring residents

 

15        Any ventilation refrigeration and combined heat and power plant shall achieve a noise rating of no more than the following dB  A 

 

Daytime LAeq  15 min  42dB  A

Nighttime LAeq  15min  36dB  A

 

At the boundary of the site with Annett s Close

Reason - In the interests of the amenity of residents in Annett s Close

 

16        The acoustic barrier as shown on the approved plans shall be designed with a minimum superficial density of 10kg m2 and of a minimum 2 metres in height

 

The barrier shall be fully erected prior to the retail unit first coming into use and shall thereafter be retained and maintained in accordance with a scheme of repair and maintenance to be submitted to and approved in writing by the Local Planning Authority prior to the barrier being erected

 

Reason - In order to ensure that the acoustic barrier is erected and maintained thereafter in a manner which protects the amenities of adjacent residential properties

 

17        The retail unit hereby approved shall not be open to the public outside the following hours

 

07 00 hours to 23 00 hours Monday to Saturday

10 00 hours to 17 00 hours Sundays or Public Holidays

 

Reason -  In the interests of the amenity of neighbouring residents

 

18        No deliveries (including home shopping deliveries) shall be taken at or dispatched from the site outside the following hours:

 

07.00 hours to 22.00 hours Monday to Saturday

09.00 hours to 16.00 hours Sundays and Public Holidays

 

Reason - In the interests of the amenity of neighbouring residents

 

19        Before the first occupation of any part of the building a scheme to restrict shopping trolleys leaving the curtilage of the site  shall be submitted to and approved in writing by the Local Planning Authority and the scheme as approved shall be implemented prior to such first occupation and thereafter shall be retained in relation to the development hereby permitted

                  

 

Reason - In the interests of the general amenity of the surrounding area

 

20        This permission grants a net convenience sales floor area of 2300 square metres and a net comparison goods sales area of 1160 square meters.

 

Notwithstanding the provisions of the Town and Country Planning  General Permitted Development  Order 1995, or any Order revoking and re enacting that Order   there shall be no provision of retail floorspace in excess of the net areas defined within the building without the prior express consent of the Local Planning Authority neither shall there be any alteration or subdivision of the sales floor  nor provision of ancillary or subsidiary retail units within that sales floor

 

Reason - In the interests of the preservation of the vitality and viability of the specialist retail function ofAmesbury Town Centre

 

21        Immediately upon the commencement of trading of the retail store hereby permitted  provision shall be made at the entrance to the store for the advertising of town centre retail and service facilities in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority prior to commencement of the internal fitting out of the building.

 

Reason - In the interests of the preservation of the vitality and viability of the specialist retail function of Amesbury Town Centre

 

22        Before the first occupation of any part of the building further details of any external lighting to be installed which shall demonstrate measures to reduce light spillage shall be submitted to and approved in writing by the Local Planning Authority, and shall thereafter be installed and operated in accordance with those further details approved. The submitted details shall ensure no spillage of light into residential dwellings adjacent to the development hereby consented greater than 10 lux before 23:00 hours and 2 lux after 23:00 hours.

 

Reason - In the interests of the amenity of neighbouring residents

 

23        Before the first occupation of any part of the building a scheme for the covered secure parking of bicycles shall be submitted to and approved in writing by the Local Planning Authority, and the scheme as approved shall be implemented prior to first occupation of any part of the building and thereafter shall be retained in relation to the development hereby permitted

 

Reason - To promote the use of energy efficient modes of transport in

accordance with local and national policy objectives

 

24        Notwithstanding the provisions of Part 4 of Schedule 2 to the Town and Country Planning  General Permitted Development Order 1995 or any Order revoking and re-enacting that Order, the car parking and service yard areas shall not be used for any other purpose without the prior approval by the Local Planning Authority

 

Reason - To prevent temporary uses and structures ancillary to the retail use of the building taking place within the car park in the interests of the amenities of the locality and to ensure that adequate servicing and turning facilities are provided at all times

 

25        Surface water shall be disposed of in accordance with the details submitted to ensure that there is no surface water run off from the site for all events up to the 1 in 100 year storm, including an allowance of 20   increase in peak rainfall intensity to take account of climate change in accordance with Planning Policy Statement 25

 

Reason - To ensure the satisfactory provision of drainage facilities to serve the proposed development

 

26        The scheme shall be implemented in accordance with the details of water efficiency and energy improvement measures as previously submitted and approved by letter dated 8/6/2010.

 

Reason - In the interests of sustainable development and prudent use of

natural resources

 

27        Prior to being discharged into any watercourse surface water sewer or soakaway system all surface water drainage from impermeable parking areas and hardstandings for vehicles  commercial lorry parks and petrol stations 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 petrochemical substances from car parking surfaces polluting the water environment

 

28        The development hereby permitted shall be carried out in accordance with the following approved plans and drawings:

 

Plan no’s -

1621.110D

1621.101C

1621.123A

1621.167

1621.188 B

1621.122F

1621.166

6394-PL 105

 

 

Reason - In the interests of clarity

 

29        Notwithstanding the details of condition 20 of this permission, No part of the store hereby approved shall be used for the purposes of a pharmacy.

 

Reason: In the interests of clarity of condition 20 and to prevent impacts on pharmacy uses within neighbouring centres.