Agenda item

Construction of hardware and DIY store (with associated warehousing and open storage) and 8 residential units, with associated landscaping and parking.

 

 

Public Participation

Mr David Wildman, spoke in objection to the application.

Mr Andrew Partridge, agent, spoke in support of the application.

Mr James Sherbourne, applicant, spoke in support of the application.

 

Adam Madge, Development Management Team Leader, presented a report which recommended that planning permission be granted, with conditions, for the construction of a hardware and DIY store (with associated warehousing and open storage) and 8 residential units, with associated landscaping and parking.

 

Key details were stated to include the following:

 

The site was located on the main commercial road in Tidworth. It was currently vacant and had been derelict for a number of years. The applicant controlled 28 spaces within the 43 space car park (accessed via Drummer Lane) located in the north west corner of the site. The residents of the proposed flats were to use some of these spaces for parking. The proposal was for an L shaped building which would front onto Station Road. This would comprise a ground floor DIY retail showroom with a connected double storey height warehouse; associated external storage and parking; with four one bedroom & four two bedroom flats above the retail element and fronting Station Road. Residents would have side access enabling them to enter the building from the Drummer Lane car park, whereas customers would access the site from the front. Vehicular access to the site would be from Station Road, there would also be a further 8 parking spaces at the back of the building accessed via this entrance. Concerns had been raised by local residents regarding the flat windows overlooking their properties, however this issue had been resolved as the windows on the side had been obscured. The proposal represented a significant investment by the applicant of approximately £2.5 million and the retail unit would create 8 to 10 jobs.

 

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

 

The unitary division member, Councillor Mark Connolly, then spoke regarding the application. It was stated that it had been an aim of Tidworth Town Council to increase footfall along Station Road. However the site had been derelict for many years. Local residents had wanted a pub or cinema on the site, but Tidworth was too small for a viable cinema and no pubs had been willing to take on the site. Public opinion was fairly split regarding the application, with some residents thinking it was good and some thinking it was bad. As the local division member the Chairman stated he had called the application in due to overlooking issues and the fact that there was no shop entrance on Station Road. However, he felt that these issues had been addressed by the applicant. Although the Chairman had some concerns regarding parking he was relatively happy with the proposals. Wiltshire Council Highways had stated that although parking was a concern there were not enough grounds for refusal. It was stated that a mixed use development was reasonable as many shops on Station Road had flats above. It was felt that the business was needed and would thrive.

 

Cllr Mark Connolly proposed a motion to grant planning permission, with conditions, as per the officer recommendation. The motion was seconded by Cllr Nick Fogg.

 

A debate followed where key issues raised included the lack of a DIY store in the area, therefore it was felt that if approved the application would reduce traffic and pollution as people would not need to travel so far to visit a DIY store. The reuse of a brownfield site and the mixed use nature of the application was supported by most members. Some members had concerns regarding parking. The Drummer Lane car park had limited capacity and when visiting the site some members found the car park full. It was also stated that the fact there is no access from the Drummer Lane car park to the shop was a concern as customers may therefore need to carry heavy goods along the road to the Drummer Lane car park. Furthermore there were only 8 parking spaces actually on the site and there would be lots of heavy goods vehicles accessing the site due to the nature of the business. Some felt that that the applicants business was more akin to a builders merchants rather than a DIY store and therefore felt that the business was wholesale, not retail, which was a concern.

 

In response to questions the officer stated that none of the flats fell within the definition of affordable housing as requirements to have affordable housing as this requirement only applied to developments with over 10 units. The Chairman also stated that four of the flats were one bedroom, which were needed in the area and would also be fairly low cost due to fact they are one bedroom flats. The Town Council had been happy with this.

 

The Chairman proposed an amendment to the motion, which was to add a condition, restricting the hours of construction. Final wording of the condition was to be delegated to officers. This was seconded by Cllr Richard Gamble. It was;

 

Resolved:

 

To amend the motion as proposed.

 

Cllr Gamble then proposed another amendment to the motion. Which was to add another condition, restricting the site to A1 use. Final wording of the condition was to be delegated to officers. This amendment was seconded by Cllr Mark Connolly. It was;

 

Resolved:

 

To amend the motion as proposed.

 

Therefore, the motion proposed was to grant planning permission, with conditions, as per the officer recommendation, with additional conditions to control the hours of construction and to restrict the use to A1. (The final wording of these additional conditions would be delegated to officers). After debate, the motion was put to the vote and it was;

 

Resolved:

 

To approve planning permission, with 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 permitted shall be carried out in accordance with the following approved plans:

 

17002-A-PL-110 A (Location Plan)

17002-A-PL-110 B (Proposed Site and Ground Floor Plan)

17002-A-PL-111 B (Proposed Ground Floor Plan)

17002-A-PL-112 B (Proposed First Floor Plan)

17002-A-PL-113 B (Proposed Second Floor Plan)

17002-A-PL-114 B (Proposed Roof Plan)

17002-A-PL-115 B (Proposed North and South Elevations)

17002-A-PL-116 B (Proposed East and West Elevations)

17002-A-PL-120 B (Proposed Section A-A/North Elevation; Street Scene/South Elevation)

17002-A-PL-125 B (Proposed Typical Perimeter, Cycle Shelter and Bin Enclosure) Planning Statement

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3 No development shall commence on site until the exact details and samples of the materials to be used for the external walls and roofs 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.

 

4 No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include:

 

• location and current canopy spread of all trees on the land;

• full details of any to be retained, together with measures for their protection in the course of development;

• a detailed planting specification showing all plant species, supply and planting sizes and planting densities;

• finished levels and contours;

• means of enclosure;

• all hard and soft surfacing materials;

 

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, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

5 All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; 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.

 

6 No development shall commence on site until a scheme for the discharge of foul water from the site has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until foul water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained.

 

7 No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details together with location of top ground water level to ensure that the base of any soakaway can achieve at least 1 metre of unsaturated soil between its base and the agreed top level of ground water taking into account seasonal variations, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

 

REASON: To ensure that the development can be adequately drained.

 

8 The following Plant Noise Limits contained in Table 2 of Section 4.9 of the Noise Assessment (24 Acoustics, R7034-1 Rev 0, 21 August 2017) shall be adhered to at all times.

Period and Rating Noise Level, dB

Daytime: (07:00-19:00): LAeq,1 hour 34dB

Evening: (19:00-23.00): LAeq, 1 hour 31dB

Night Time: (23:00-07:00): LAeq, 15 minutes 25dB)

 

REASON: In the interests of residential amenity.

 

9 No development shall commence on site until an investigation of the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses has been carried out and all of the following steps have been complied with to the satisfaction of the Local Planning Authority:

 

Step (i) A written report has been submitted to and approved by the Local Planning Authority which shall include details of the previous uses of the site for at least the last 100 years and a description of the current condition of the site with regard to any activities that may have caused contamination. The report shall confirm whether or not it is likely that contamination may be present on the site.

 

Step (ii) If the above report indicates that contamination may be present on or under the site, or if evidence of contamination is found, a more detailed site investigation and risk assessment should be carried out in accordance with DEFRA and Environment Agency’s “Model Procedures for the Management of Land Contamination CLR11” and other authoritative guidance and a report detailing the site investigation and risk assessment shall be submitted to and approved in writing by the Local Planning Authority.

 

Step (iii) If the report submitted pursuant to step (i) or (ii) indicates that remedial works are required, full details have been submitted to the Local Planning Authority and approved in writing and thereafter implemented prior to the commencement of the development or in accordance with a timetable that has been agreed in writing by the Local Planning Authority as part of the approved remediation scheme. On completion of any required remedial works the applicant shall provide written confirmation to the Local Planning Authority that the works have been completed in accordance with the agreed remediation strategy.

 

REASON: To ensure that land contamination can be dealt with adequately prior to the use of the site hereby approved by the Local Planning Authority.

 

10 No development shall commence on site until a scheme for the collection of waste from the development has been submitted to and approved in writing by the Local Planning Authority. The collection of waste shall subsequently only take place in accordance with the approved scheme.

 

REASON: In the interests of amenity.

11 No development shall commence until:

 

a) A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved by the Local Planning Authority; and

 

b) The approved programme of archaeological work has been 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, to enable the recording of any matters of archaeological interest.

 

12 No development shall commence on site until an assessment of risk to any groundwater resources and groundwater quality, including evidence of how these would be protected throughout the construction and operational phases of development, has been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in full 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, to ensure that groundwater resources and groundwater quality are protected.

 

 

13 The development hereby approved shall be used solely for purposes of a DIY store and builders merchants and shall not be used solely as a distribution depot falling under class B8 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).

 

REASON: the location of the development close to neighbouring residential properties within Tidworth town centre is not suitable for significant numbers of heavy goods vehicles as would be generated from a distribution centre use.

 

14 No construction work (excluding the internal fitting out of dwellings and building) nor the movement of spoil from the site shall take place outside the hours of 07:30 - 1900 Monday to Thursday, 07:30 - 1800 on Friday, 0800 - 1300 on Saturday and at no time on Sundays and Bank holidays.

 

REASON: In order to protect the residential amenity of future and adjoining residents.