Agenda item

Erection of Class E foodstore, car parking, works to create community open space, new access, landscaping and associated works 

Public Participation

 

·       Daniel Preece (Lidl Great Britain Ltd) spoke in support of the application.

·       Cllr Steve Walls (Royal Wootton Bassett Town Council) spoke in opposition to the application.

 

The Senior Planning Officer, Olivia Tresise, introduced a report which recommended that the application for the erection of a Class E food store with associated car parking, works to create open community space, new access, landscaping and associated works, be granted. Key details were stated to include the scale of development, its visual impact and design, as well as the environmental and highway impacts.

 

She reminded the Committee that they had agreed to defer the application, that was originally bought to them in June, until clarity on such issues as foul water sewage and the proposed parkland could be provided. Attention was drawn to the late submissions from Royal Wootton Town Council, Royal Wootton Bassett Environment Trust’s Active Travel Group and the applicant. The submissions, along with responses from officers, were included in Agenda Supplement 1. The Senior Planning Officer explained that she had amended conditions 9, 10 and 15, related to drainage, or landscaping, listed in her original report to reflect officer responses to the late submissions. Full details of the revised conditions were listed on pages 7-9 of Agenda Supplement 1. 

 

Members then had the opportunity to ask technical questions of the officer. Details were sought on the issue of road safety, including fears that children would use the crossing to access a nearby sports facility. The Senior Planning Officer advised that Wiltshire Council’s Highway Officer strongly resisted any proposals to relocate the proposed raised table crossing closer to the proposed access for the site, due to safety concerns.

 

The Senior Planning Officer noted that the care home adjacent to the site had withdrawn its proposals to install a private sewage treatment plant and would instead implement the original rising main drainage scheme.

 

Members of the public then had the opportunity to present their views to the Committee as detailed above.

 

The unitary division member, Cllr Steve Bucknell then spoke in opposition to the application. He urged the Committee to consider the application on the assumption that the proposed community parkland would not go ahead as the applicant was not the landowner.

 

So the Committee had something to debate, Cllr Peter Hutton, seconded by Cllr Tom Rounds, proposed a motion that permission for the application be granted in line with officer recommendations, as amended in Agenda Supplement 1.

 

A debate followed where issues including road safety, drainage and conditions that could be applied to the parkland were discussed. It was noted that land allocated near to the site, for a potential 200 new homes, could not be considered as part of this application.

 

The Chairman proposed an amendment to the motion to stipulate conditions on the timing of tree planting on the nearby parkland, specifically that this should be done in advance of the occupation of the supermarket. This was accepted as a friendly amendment by the proposer, Cllr Hutton and seconder of the original motion, Cllr Rounds.

 

The Development Management Team Leader, Simon Smith, clarified that the issue would need to be delegated to officers, which was accepted by assent of the Committee.

 

The Senior Planning Officer confirmed that the revised Condition 15 included a stipulation for a maintenance plan for the community parkland. The Development Management Team Leader elaborated that it would not be possible to compel the applicant to deliver the parkland but, as it was being proposed, the Committee would be entitled to respond to those proposals by applying conditions on the application. Referencing an agreement by the applicant to deposit a £50,000 maintenance bond for the land, he highlighted that this should not be a consideration for the Committee as they had to assume that all conditions for the planning would be complied with. He highlighted that there were no suggestions that the applicant was not planning to deliver the community parkland and that Wiltshire Council would not be privy to any contractual arrangements between the applicant and the landowner.

 

During the debate, Cllr Chuck Berry, seconded by Cllr Gavin Grant, proposed a further amendment to the substantive motion, that the landscaping scheme for the parkland must be undertaken in advance of the first occupation of the supermarket.

 

Cllr Berry’s proposed amendment was not accepted by the proposer of the original substantive motion, Cllr Hutton, so the Committee voted on whether to add it to the substantive motion. The vote carried, so Cllr Berry’s amendment was added to the substantive motion.

 

The Committee then voted on the substantive motion as amended and it was:

 

RESOLVED: To GRANT permission in accordance with officer recommendation (as revised within Agenda Supplement 1), subject the amendment of Condition 14 so as ensure the planting on, and landscaping of, the parkland area is implemented prior to the first use/occupation of the supermarket:

 

Condition 1 (Time limit for implementation)
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.

Condition 2 (Approved plans)

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

Revised Landscape management plan, SLR Ref No: 403.V61442.00001, March 2023,
received by the Council on 14 March 2023
Revised Proposed Boundary Treatment plan, 19078 AD_114 Revision C, received by
the Council on 10 March 2023
The following documents received by the Council on 27 February 2023:
- Proposed elevations, AD_113 B
- Proposed Lidl Site Access Arrangement on B4042, SK01 Revision D
- Planting plan for Lidl car park LIDL / GA 2
- Planting plan for Public Open Space, LIDL/GA3
- Planting plan for General Arrangement, LIDL/GA1
- Hard and Soft Landscaping Details, LIDL / GA07 and GA08
- Hard materials – Public Open Space, LIDL / GA6
- Hard materials – Car Park, LIDL/GA5
- Hard materials – General Arrangement, LIDL/GA4
- Site Layout Plan LIDL/PLAN3
- Site Block Plan, LIDL/PLAN2
- Detailed Masterplan, LIDL/PLAN4
The following documents received by the Council on 8 July 2022
- Proposed Site Section, 19078/AD119/Rev A
- Site location plan, AD_100 Rev B
- Proposed roof plan, AD_112
- Proposed elevations, AD_113 Rev B
- Proposed building (floor) plan, AD_111 Rev A

REASON: For the avoidance of doubt, in the interests of proper planning, and for the protection, mitigation and enhancement of biodiversity.

Condition 3 (Retail use only)
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), the retail element of the proposed development shall be used solely for purposes within Class E(a) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

REASON: The proposed use at this particular site is acceptable but the Local Planning Authority wish to consider any future proposal for a change of use, other than a use within the same class(es), having regard to the circumstances of the case and its potential impact upon the town centre.

Condition 4 (No sub-division of the unit)
The retail element of the development shall not at any time be sub-divided into a larger number of units.

REASON: To enable the Local Planning Authority to consider individually or cumulatively planning permission should be granted for additional units and to protect the vitality and viability of the Royal Wootton Basset town centre.

Condition 5 (Restriction sale of comparison goods)
No more than 20% of the approved net sales area of the retail unit shall be used for the sale of comparison goods.

REASON: To protect the vitality and viability of the Royal Wootton Bassett town centre.

Condition 6 (Removal of Permitted development rights)
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending those Orders with or without modification), no development within Part 7, Classes A, C, D, E, F, G, H, I, J and K shall take place on the buildings or within the curtilage of any of the buildings hereby granted planning permission.

REASON: In the interests of the amenity of the area and to enable the Local Planning Authority to consider whether panning permission should be granted for additions, extensions or enlargements.

Condition 7 (Construction Method Statement – pre-commencement condition)
Prior to the commencement of the development hereby approved, a Construction Method Statement, which shall include the following:
a) the parking of vehicles of site operatives and visitors;
b) loading and unloading of plant and materials;
c) storage of plant and materials used in constructing the development;
d) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;
e) wheel washing facilities;
f) measures to control the emission of dust and dirt during construction;
g) a scheme for recycling/disposing of waste resulting from construction works;
h) measures for the protection of the natural environment; and
i) hours of construction, including deliveries;
j) demonstrate how surface water will be managed throughout the construction phase to prevent an increase in local flood risk / local pollution risk, has been submitted to, and approved in writing by, the Local Planning Authority. The approved Construction Method Statement shall be complied with in full throughout the construction period. The development shall not be carried out otherwise than in accordance with the approved Construction Method Statement.

REASON: In the interests of highway safety and residential amenity of the neighbouring properties.

Condition 8 (Construction Environment Management Plan - Pre-commencement condition)
Prior to the commencement of works, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Environmental Management Plan (CEMP) shall be submitted to the local planning authority for approval in writing. The Plan shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following:

a) Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g. exclusion fencing.
b) Working method statements for protected/priority species, such as reptiles, nesting birds and roosting bats.
c) Work schedules for activities with specific timing requirements in order to avoid/reduce potential harm to ecological receptors; including details of when a licensed ecologist and/or ecological clerk of works (ECoW) shall be present on site.
d) Pollution prevention measures.
e) Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW).
f) Timeframe for provision of compliance report to the local planning authority; to be completed by the ecologist/ECoW and to include photographic evidence. Development shall be carried out in strict accordance with the approved CEMP.

REASON: To ensure adequate protection and mitigation for ecological receptors prior to and during construction, and that works are undertaken in line with current best practice and industry standards and are supervised by a suitably licensed and competent professional ecological consultant where applicable.

 

Condition 9 (surface water drainage scheme – pre-commencement condition)
Prior to the commencement of the development hereby approved, a scheme for the discharge of surface water from the site /phase, including SuDS (sustainable drainage systems) and all third-party approvals, shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, the said scheme shall be in accordance with the submitted Flood Risk Assessment and Drainage Strategy v5 (February 2023). Development shall be carried out in accordance with the approved details and shall be maintained as such thereafter.

REASON: The matter is required to be agreed with the Local Planning Authority before development commences in order that all elements of the development is undertaken in an acceptable manner, and to ensure that all elements of the development can be adequately drained without increasing flood risk to others.

 

Condition 10 (foul drainage – Grampian condition)

No development shall place until the foul drainage scheme has been created in its entirety and is ready for connection and used by the proposed food store hereby approved. For the avoidance of doubt, the foul drainage scheme shown on the drawing no. C160504-PIN-XX-XX-DR-C-224 S2-P05 in the submitted Flood Risk Assessment and Drainage Strategy Revision 5 dated 15 February 2023 shall be implemented in full and shall be maintained as such thereafter.

 

REASON: The matter is required to be agreed with the Local Planning Authority before development commences in order that all elements of the development is undertaken in an acceptable manner, to ensure that the proposal is provided with a satisfactory means of drainage and does not increase the risk of flooding or pose a risk to public health or the environment.

 

Condition 11 (Building materials – pre-commencement condition)

Notwithstanding the details shown on the submitted plans and forms, no development shall commence on site until details of the materials to be used on the development have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

Condition 12 - Landscape and Ecological Management Plan (Precommencement condition)

Prior to the start of construction, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP will include long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development, together with a mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets in accordance with the BNG calculation. The LEMP shall also include details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured. The LEMP shall be implemented in full and for the lifetime of the development in accordance with the approved details.

 

REASON: To ensure the long-term management of landscape and ecological features retained and created by the development, for the benefit of visual amenity and biodiversity for the lifetime of the scheme.

 

Condition 13 (Ultra Low Energy Vehicles Infrastructure)

Prior to the first occupation of the development hereby approved, a scheme of Ultra Low Energy Vehicle infrastructure shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full and maintained permanently and satisfactorily as such thereafter.

 

REASON: Development proposals, which by virtue of their scale, nature or location are likely to exacerbate existing areas of poor air quality, will need to demonstrate that measures can be taken to effectively mitigate emission levels in order to protect public health, environmental quality and amenity.

 

Condition 14 (Landscaping Scheme for parkland area)

Notwithstanding the submitted revised proposal, within 6 (six) months following the commencement of the development, a scheme of hard and soft landscaping for the park land area shall be submitted to and approved in writing the local planning authority. The details shall include:

- finished levels and contours;

- means of enclosure;

- all hard and soft surfacing materials;

- minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc);

- number of trees, of a size and species and in a location to be agreed in writing with the Local Planning Authority, shall be planted in accordance with BS3936 (Parts 1 and 4), BS4043 and BS4428.

- Time of planting

- On-going management of the planting

 

All soft landscaping including the tree planting comprised in the approved details of landscaping scheme shall be carried out in full prior to the first use or occupation of the food store building hereby approved. For the avoidance, all trees and shrubs shall be planted within their planting seasons (normally between October and April). All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

Condition 15 (Landscape management plan)

Notwithstanding the submitted revised proposal, within six months following the commencement of the development, a landscape management plan and a public accessibility management and maintenance plan for the Parkland Area and the surrounding landscape area, including long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas shall be submitted to and approved in writing by the Local Planning Authority. The public accessibility management plan and maintenance plan shall detail the long-term on-going management and maintenance responsibilities for all private, communal play spaces / amenity spaces and all publicly accessible open space to secure its open accessibility to members of the public for the lifetime of the development. Prior to the first occupation of the food store hereby approved, the approved management and maintenance plans shall be carried out in full and for the lifetime of the development in accordance with the approved details.

 

REASON: The application contained insufficient information to enable this matter tobe considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure the proper management of the landscaped areas in the interests of visual amenity.

 

Condition 16 (restrict shopping trolleys leaving the site)

The retail element of the development shall not be first brought into use until a scheme to restrict shopping trolleys leaving the site has been submitted to and approved in writing by the Local Planning Authority; and the approved scheme has been brought into operation. The approved scheme shall thereafter be maintained in operation in accordance with the approved details.

 

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

 

Condition 17 (Odour)

Prior to the first use or operation of the in-store bakery within the retail store, a scheme of works for the control and dispersal of atmospheric conditions (in particular emissions from cooking or baking of food) shall have been submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be implemented before any on site cooking or baking takes place and shall be maintained in effective working condition at all times thereafter.

 

REASON: So as to ensure that the amenity and living conditions of surrounding residential occupiers are not unacceptably affected.

 

Condition 18 (External Lighting)

Prior to first use or occupation of the development hereby approved, detailed lighting schemes with a validation report shall be submitted to and approved in writing by the Local Planning Authority. Such a validation report shall have been prepared by a suitably qualified member of the institute of lighting professionals (ILP) and shall validate that the lighting scheme as installed conforms to the recommendations for environmental zone E2 or better in the ILP document “Guidance Notes for the Reduction of Obtrusive Light - Guidance Note 01:20. All external lighting at the retail element of the proposal, as validated, shall be implemented in accordance with the agreed details and shall thereafter be permanently retained in that condition.

 

REASON: To ensure that the amenity and living conditions of surrounding residential occupiers are not unacceptably affected.

 

Condition 19 (Storage and Refuse)

Prior to the first use or occupation of development hereby approved, details of the intended arrangements for the storage of refuse and recycling, including details of location, size, means of enclosure and materials, have been submitted to and approved in writing by the Local Planning Authority. The approved refuse and recycling storage arrangements shall be implemented prior to the first use of occupation of the development and made available for use for that purpose thereafter.

 

REASON: In the interests of public health and safety.

 

Condition 20 (Boundary treatment)

The proposed boundary treatment, drawing no. AD_114 Revision C, shall be carried out in accordance with the approved details prior to the first occupation of the development hereby approved and shall be maintained as such thereafter.

 

REASON: To safeguard the character and appearance of the area.

 

Condition 21 (Landscaping Implementation)

All soft landscaping comprised in the approved details of landscaping, shown on

 

- Planting plan for Lidl car park LIDL / GA 2

- Planting plan for General Arrangement, LIDL/GA1

- Hard and Soft Landscaping Details, LIDL / GA07 and GA08

 

shall be carried out in the planting and seeding season prior to the first occupation of the building(s) hereby approved. All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

Condition 22 (Landscaping management)

The submitted Landscape Management Plan, SLR Ref. 403.V61442.00001 Version No. 5 dated March 2023 shall be implemented in full and maintained as such thereafter.

 

REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

Condition 23 (highway work)

Prior to first use of the development hereby permitted, the ghost island right turning lane outlined on drawing 2202/046/SK01/D including a pedestrian refuge, any required street lighting and highway drainage alterations to accommodate the right turning lane, an altered bus layby, relocated 2 metre wide footway over part of the site frontage, resurfacing of the entire width of the B4042 over the length of the right turning lane scheme, shall all provided in in accordance with details to be first approved under a Highways Act 1980 Section 278 Agreement.

 

REASON: In the interests of providing safe and convenient access to the

development.

 

Condition 24 (Widen the pedestrian and cycle way)

Prior to first occupation of the development hereby permitted, a 3 metre wide shared pedestrian and cycle way shall have been provided between the existing toucan crossing, and the development access point, as outlined on drawing 2202/046/SK01/D.

 

REASON: In the interests of good development accessibility.

 

Condition 25 (Provision of access road, footways and cycleways)

Prior to the development hereby permitted being first brought into use, the access road, footways and cycleways, including a traffic calmed cycle crossing of the access road, and a marked out cycle route across the development car park, shall all be provided as detailed on drawing 2202/046/SK01/D. The access shall be provided with visibility with nothing to exceed the height of 600mm above carriageway level between the carriageway edge, and a line drawn from a point 4.5 metres back along the centre line of the access from the carriageway edge, to points on the nearside carriageway edge 120 metres to the north-west and 120 metres to the south-east.

 

REASON: In the interests of safe and convenient access to the development.

 

Condition 26 (Alteration of the existing toucan crossing)

Prior to the development hereby permitted being first brought into use the existing toucan crossing located to the north-west of the development’s access shall have been altered to accommodate the greater carriageway width that is to be provided at that location as outlined on plan number 2202/046/SK01/D, and in accordance with details to be first approved under a Highways Act 1980 Section 278 Agreement.

 

REASON: In the interests ensuring that the existing toucan crossing continues to operate correctly following the implementation of the ghost island right turning lane.

 

Condition 27 (Provision of parking and turning areas)

Prior to the development hereby permitted being first brought into use, the vehicle parking and turning areas shall have been provided with the individual parking spaces being demarcated, and the areas shall thereafter be maintained and kept available for the parking and turning of vehicles.

 

REASON: In the interests of safe and convenient use of the development.

 

Condition 28 (Provision of cycle parking spaces)

Prior to the development hereby permitted being first brought into use the 6 No. Sheffield type cycle parking spaces shall have been provided, and shall thereafter be maintained and kept available for the parking of cycles.

 

REASON: In the interests of good cycle accessibility.

 

Condition 29 (relocation of direction sign)

Prior to the development hereby permitted being first brought into use, the advance direction sign to the north-west of the proposed access, shall have been relocated to a position out of the required visibility splays in accordance with details to be first approved under a Highways Act 1980 Section 278 Agreement.

 

REASON: In the interests of highway safety.

 

Condition 30 (Provision of bus shelter)

Within three months of the development hereby permitted being first brought into use, the south-east bound bus layby shall have been provided with a bus shelter including a perch seat, flag sign and timetable case, in accordance with details to be first approved under a Highways Act 1980 Section 278 Agreement.

 

REASON: In the interests of public transport accessibility.

 

Condition 31 (Travel Plan)

The food store hereby permitted shall not be brought into use until those parts of the Food store Travel Plan capable of being implemented prior to first use have been implemented. Those parts identified for implementation after first use 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. The Travel Plan Coordinator shall be appointed and carry out the identified duties to implement the Food store Travel Plan for a period from first use until at least 5 years following first use.

 

REASON: In the interests of reducing the amount of private staff car movements to and from the development.

 

Condition 32 (Service yard management scheme)

The retail store development shall not be occupied until a service yard management scheme has been submitted to and approved by the local planning authority. Such a scheme shall include the method of ensuring reversing beepers from delivery/collection vehicles do not disturb surrounding residential occupiers. The development shall be operated in full accordance with the provisions of the agreed service yard management scheme.

 

REASON: To ensure that the amenity and living conditions of surrounding residents, are not unacceptable affected.

 

Condition 33 (construction hours)

No construction or demolition work shall take place on Sundays or Public Holidays or outside the hours of 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays.

 

REASON: To ensure high design and place shaping such that appropriate levels of amenity are achievable.

 

Condition 34 (deliveries hours)

Deliveries to or collection from the retail development hereby permitted shall not be permitted before 07:00 and after 23:00hrs. No reversing beepers shall be used during these hours. Waste collections should also take place within these hours and preferably before 22:00.

 

REASON: In the interests of residential amenity.

 

Condition 35 (opening hours)

There shall be no customers/members of the public on the site outside the hours of (23:00 in the evening) and (07:00 in the morning) from Mondays to Saturdays (including Bank Holidays) and between (17:00 in the evening) and (10:00 in the morning) on Sundays.

 

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

 

Condition 36 (Noise and disturbance)

The rating level of noise from all fixed plant and machinery installed at the development hereby permitted shall not exceed the pre-existing background noise level at any time when measured or calculated at 1 metre from the facade of the nearest noise sensitive properties. Background levels are to be taken as a 15 minute LA90 at the boundary of the nearest residential noise-sensitive receptors. The measurement and assessment shall be undertaken in accordance with BS 4142:2019 or any subsequent version.

 

REASON: To ensure high design and place shaping such that appropriate levels of amenity are achievable.

 

Condition 37 (No external storage)

Except within the delivery yard of the retail store, there shall be no external storage of any description unless otherwise agreed in the form of a separate planning permission in that regard.

 

REASON: In the interests of the appearance of the site and the amenities of the area.