Agenda item

The committee discussed request from officers to secure retail use restrictions and travel plan through planning conditions rather than a Section 106 Legal Agreement for application S/2008/1389, Proposed Discount Foodstore, Unit 2 Bourne Retail Park.

Resolved:

That the request of Officers to secure the retail use restrictions and travel plan through planning conditions rather than a S106 legal agreement is accepted, with the reasons for approval updated to replace references to PPS6 with PPS4, and that the application be approved subject to the following conditions (new conditions highlighted in bold):

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

Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. As amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

2)     The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building.

Reason: In the interests of the character, appearance and amenities of the area.

Policy: G2

3)  Notwithstanding the Town and Country Planning (Use Classes) Order 1987 and the Use Classes (Amendment) Order 2005 (or any Order revoking and re-enacting those Orders, with or without modification), “Unit 2” (as shown edged red in the submitted plan ref: API/BRP/SLP-02) shall be used only for the following purposes:

(a) a non-food retailer whereby the range and type of goods to be sold will be restricted to the following: DIY and/or garden goods; furniture; carpets and floor coverings; camping, boating and caravanning goods; motor vehicle and cycle goods; and bulky electrical goods. Goods falling outside this range may be sold only where they form a minor and ancillary part of the operation of any of the proposed stores; or

(b) a food retailer with the following restrictions:

i) Not to sell more than 1500 product lines from the unit at any one time [product lines are stated to be each stock keeping unit such that products or items of the same type e.g. baked beans, but of a different brand, weight, size, or shape shall be treated as separate items];

ii) Not to use more than 20% of the net sales floor space for the sale of non-food comparison goods as defined in Annex A of PPS4;

iii) Not to operate any of the following services: butchers counter; fresh fish counter; delicatessen/cheese counter; hot food, banking facilities; dispensing pharmacy; dry cleaning services including the collection of garments or articles for cleaning off-site; post office services; lottery or scratch card sales; photographic shop or booth; café/restaurant; sales of cigarettes and/or tobacco.

The use of “Unit 1” (as shown within submitted plan ref: 08.33.04) shall remain in those non-food retail uses cited in (a) above, as originally stipulated within condition 3 to planning permission S/2008/0965.

Reason: To safeguard the vitality and viability of the city centre.

Policy: G1, DP6, PPS4

4)     The owners / operators of Unit 2 shall maintain accurate and up to date records of the number and type of goods on sale at any one time and shall make this information available at all reasonable times to the Local Planning Authority.

Reason: In the interests of the enforceability of condition 3, to safeguard

the vitality and viability of the city centre

Policy: G1, DP6 PPS4

5)     There shall be no further internal subdivision of the building for the purposes of creating units of less than 935 square metres internal floor space.

Reason: In the interests of ensuring that units are still suitable for bulky goods and do not harmfully compete with the town centre.

Policy: G1, DP6, PPS4

6)     No part of the development shall be occupied for a food retail use until a travel plan based on the Interim Travel Plan submitted with the application has been submitted to and approved in writing by the Local Planning Authority, and those parts identified within the approved travel plan as capable of being implemented prior to occupation have been duly implemented. Those parts of the approved travel plan that are identified as being capable of being implemented after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied for a food retail use. The records of the implementation shall be made available to the Local Planning Authority if requested.

Reason: In order to promote sustainable modes of travel to and from the

site and to mitigate the impact of the development on the A36.

Policy: G1, G2

7)     Before development commences to implement a food retail use details of the cycle storage and bin stores shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be carried out in accordance with the agreed details.

Reason: In the interests of amenities and sustainable travel.

Policy: G1, G2

8)     Before development commences to implement a food retail use a scheme to restrict shopping trolleys leaving the curtilage of the site (edged blue on the submitted site plan) shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the building for food retail purposes and shall thereafter be retained in relation to that use hereby permitted.

Reason: In the interests of visual amenity.

Policy: G1, G2