Agenda item

Public participation:

 

Mr Jeff Coy spoke in objection to the application

Mrs June Mills spoke in objection to the application

Mr Mike Bees spoke in support of the application

 

The Planning Officer introduced the report which recommended approval and drew members’ attention to the late list.

 

A debate ensued during which such issues as the appropriateness of the site were discussed.

 

RESOLVED

 

That the application be approved for the following reasons:

 

The proposed development would not be unacceptable in principle. Provided its hours are restricted, it would not harm the living conditions of neighbouring properties through unacceptable noise and disturbance, fumes or odour. The filling station would not harm the character or appearance of the area, the safety of highway users or the Strategic Road Network. It would not be harmful in terms of contamination, archaeology, ecology or any other material planning consideration. The development would therefore comply with saved policies G1, G2 (General Development Criteria), E16 (Employment uses) and CN21 (Areas of Archaeological Significance) or the advice in national guidance PPS4 (Planning for Sustainable Economic Growth).

 

And subject to the following conditions:

 

(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 the Planning and Compulsory Purchase Act 2004.

 

(2) The development hereby approved shall be undertaken in full accordance with the following approved plans:

 

Location and Site Plan 1625-08A, received 27th August 2010

Proposed Elevations 1625-09B, received 27th August 2010

Kiosk plans and elevations 1625-10, received 27th August 2010

Proposed Elevations 1625-09B, received 27^th August 2010

Site Sections and Site Set Out 1625-11B, received 27th August 2010

 

REASON: for the avoidance of doubt

 

(3) The development hereby approved shall use the materials specified in the application documentation unless otherwise agreed, in writing, by the Local Planning Authority.

 

REASON: in the interests of the character and appearance of the area.

 

POLICY: G2

 

(4) The use hereby permitted shall not take place except between the hours of 07:00 to 23:00

REASON: in the interests of residential amenity

 

POLICY: G2

 

(5) Deliveries to the site, including tanker deliveries, and waste collections shall not take place outside the hours of 07:00 to 21:00.

 

REASON: in the interests of residential amenity

 

POLICY: G2

 

(6) Prior to the commencement of development, a scheme to ensure that the customer parking spaces and forecourt are made inaccessible to motor vehicles when the petrol filling station is closed, shall be submitted to and approved, in writing, by the Local Planning Authority. Development shall be undertaken in accordance with the scheme thereby approved.

 

REASON: in the interests of residential amenity

 

POLICY: G2

 

(7) Noise from mechanical services and refrigeration plant shall not exceed the following noise rating levels (As defined by BS4142:1997):

LAeq (15min) 42 dB(A) between the hours of 07:00 and 23:00; and

 

LAeq (15min) 33 dB(A) between the hours of 23:00 and 07:00

 

at the boundary between the development and residential properties located on Oak Place and Beacon Close.

 

REASON: in the interests of residential amenity

POLICY: G2

 

(8) Prior to the first use of the development hereby approved, a revised Travel Plan for the superstore shall be submitted to and approved, in writing, by the Local Planning Authority, take into account the additional employees at the filling station. Development shall be undertaken and operated in perpetuity in accordance with the approved Travel Plan.

 

REASON: in the interests of sustainable transport

 

POLICY: G1

 

(9) Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

 

 (1) A preliminary risk assessment which has identified:

 (a) All previous uses

 (b) Potential contaminants associated with those uses

 (c) A conceptual model of the site indicating sources, pathways and receptors

 (d) Potentially unacceptable risks arising from contamination at the site.

 

(2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

(3) The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

(4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.

 

REASON: To ensure the proposed development will not cause pollution of Controlled Waters

 

(10) The development hereby approved shall be undertaken in accordance with the Supporting Landscape Submission dated April 2010 unless otherwise agreed, in writing, by the Local Planning Authority.

 

REASON: in the interests of the character and appearance of the area

 

POLICY: G2

 

(11) Before the start of the development, full details of reconstructed access points across the existing footway, including any necessary drainage together with details of the revisions to the ghost island markings in London Road, shall be submitted for the written approval of the Local Planning Authority. The accesses and road markings shall be constructed and installed in accordance with the approved details before the first use of the development.

 

REASON: in the interests of highway safety abd to ensure safe pedestrian access across the vehicular access points.

 

POLICY: G2

 

(12) Before the start of the development, details of a traffic management scheme for signing and markings to control vehicular movements at the ingress and egress points onto the public highway shall be submitted for the approval of the Local Planning Authority. The traffic management scheme shall be provided in accordance with the approved details before the first use of the development and retained and maintained thereafter.

 

REASON: in the interests of highway safety

 

POLICY: G2

 

(13) Prior to the commencement of development, full details of the proposed acoustic fence shall be submitted to and approved, in writing, by the Local Planning Authority. The fence shall be erected in accordance with the approved details prior to the first use of the development, and shall remain in place in perpetuity.

 

REASON: in the interests of the amenities of neighbouring properties

 

POLICY: G2

 

(14) Prior to the commencement of development a scheme of external lighting shall be submitted to the local planning authority for approval. Any lighting installed shall comply with the details approved by the local planning authority.

 

REASON: In the interests of the amenities of neighbouring properties

 

POLICY: G2

 

(15) No construction work shall take place on Sundays or Public Holidays or outside the hours of 7:30 to 18:00 on weekdays and 08:00 to 13:00 on Saturdays. This condition shall not apply to the internal fitting out of the kiosk.

 

REASON: In the interests of the amenities of neighbouring properties

Policy: G2

 

INFORMATIVES FROM THE ENVIRONMENT AGENCY

 

Foul Drainage

 

The foul drainage must be kept separate from the clean surface and roof water.

 

The foul drainage must be connected to the public sewerage system. You should liaise with the Water Company regarding the availability, location and adequacy of the existing public sewerage and sewage treatment facilities.

 

Any vehicle wash area must have a dedicated drainage system which collects run-off. The run-off must be directed to the foul sewer with the local water companies consent or collected in a suitable sized storage tank for collection by a registered waste carrier.

 

Pollution Control

 

The underground tank on this development may not be controlled under the Petroleum Regulations. The Local Planning Authority should ensure that the design meets the requirements of the Building Control Officer to prevent leakage into groundwater.

 

The oil interceptor must be capable of holding the contents of the largest compartment of any road tanker, which delivers fuel to the site.

 

Underground or over ground pipelines should be adequately protected against leakage particularly by corrosion.

 

Underground chemical, oil or fuel storage tanks should be constructed of material resistant to attack by the substance stored therein and protected against corrosion. The tank vent pipe should be taken to a sufficient height to prevent an overflow taking place in the event of the tank being overfilled.

 

Surface water from car parking areas less than 0.5 hectares and roads should discharge to watercourse or ground via deep sealed trapped gullies.  For car parks greater than 0.5 hectares in area, oil interceptor facilities are required such that at least 6 minutes retention is provided for a storm of 12.5mm rainfall per hour. With approved "by-pass" type of interceptors, flows generated by rainfall rates in excess of 5mm/hour may be allowed to by-pass the interceptor provided the overflow device is designed so that oily matter is retained. Lorry parks, fuel filling areas, off loading areas require full oil interceptor facilities and "by-pass" interceptors are not considered suitable. Segregation of roof water should be carried out where possible to minimise the flow of contaminated water to be treated. Detergents, emulsifiers and solvents must not be allowed to drain to the interceptor as these would render it ineffective.

 

Water Efficiency

 

Water efficiency measures should be incorporated into this scheme. These could include, for example, water butts, rainwater recycling and the use of water-efficient internal appliances and systems. It would assist in conserving natural water resources and offer some contingency during times of water shortage. A copy of our publication 'Conserving Water in Buildings' is available upon request.